EUGENE J. FLYNN, P.C.
E-1 and E-2 Treaties
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E-1 and E-2 Treaties


COUNTRIES WHICH THE U.S. RECOGNIZES AS ELIGIBLE (or "soon" to be eligible) FOR E-1 OR E-2 STATUS

COUNTRY Fn.6
VISAS
AVAILABLE
FEE
See Fn.1
NUMBER OF ENTERIES
VALIDITY
DATE OF WEB SITE REVISION See Fn.3

ALBANIA

E-2
none
multiple
3 years
02/05/18

ARGENTINA

E-1 and E-2
none
multiple

5 years

04/16/18

ARMENIA

E-2
none
multiple
5 years
05/31/18

ARUBA

E-1 and E-2
none
multiple
5 years
07/01/13

AUSTRALIA

E-1 and E-2
105.00
multiple
4 years for principal and family
2 years for other employees
10/15/16

AUSTRIA

E-1 and E-2
none
multiple
5 years
10/05/17
E-2
none
one
3 months
02/02/15
E-2
none
one
3 months
07/01/13
E-2
none
two
3 months
08/27/18
BELARUS
awaits exchange of instruments
E-1 and E-2
none
multiple
5 years
04/06/18
E-1 and

E-2 Fn.7
none
none
multiple
one
5 years
3 months
07/03/18
E-1 and E-2
none
multiple
1 year
10/30/18
E-1
none
multiple
5 years
07/01/13
E-2
none
multiple
5 years
10/16/18
E-2
60.00 for 6 months

240.00 for 12 months
multiple
1 year
07/26/18
E-1 and E-2
40.00
multiple
5 years
10/24/18
E-1 and E-2
none
multiple
5 years
04/26/18
E-1 and E-2
none
multiple
5 years
10/16/18
E-2
none
one
3 months
07/01/13
E-2
none
two
3 months
03/22/18
E-1 and E-2

none

multiple
5 years
10/16/18
E-1 and E-2
none
multiple
5 years
05/30/18
E-1 and E-2
none
multiple
5 years
12/01/14
E-2
22.00
multiple
5 years
07/01/13
E-1 and E-2
none
multiple
5 years
02/26/18
E-2 Fn.8
none
two
3 months

10/15/18

EGYPT

E-2

none

one

3 months

10/26/18

EL SALVADOR

awaits exchange of instruments

E-1 and E-2
none
multiple
5 years
05/09/18
E-1 and E-2
none
multiple
6 months
02/26/18
E-1 and E-2
none
multiple
2 years
10/15/18
E-1 and E-2
none
multiple
5 years
01/17/18
E-2
none
multiple
1 year
04/27/18
E-1 and E-2
none
multiple
5 years
01/14/16
E-1 and E-2
none
multiple
5 years
04/06/15
E-1
none
multiple
5 years
02/07/18
E-2
none
multiple
5 years
01/11/17
E-1 and E-2
none
multiple
5 years
06/15/18
E-1 See Fn.2

and E-2
none
one
3 months
09/18/17
E-1 and E-2
none
multiple
5 years
07/01/13
E-1
none
multiple
5 years
10/16/18
E-1 and E-2
none
multiple
5 years
07/01/13
E-2
none
multiple
5 years
02/26/18

JAPAN

E-1 and E-2
none
multiple
5 years
11/04/16
E-1 and E-2
none
one
3 months
07/19/18
E-2
none
multiple
1 year
10/22/18
E-1 and E-2
none
multiple
5 years
05/22/18
E-1 and E-2
none
multiple
1 year
06/06/18
E-2
none
two
3 months
04/27/15
E-1 and E-2
none
multiple
5 years
02/02/18
E-1 and E-2
none
multiple
1 year
03/03/15
E-2
none
multiple
1 year
02/26/18
E-1 and E-2
none
multiple
5 years
07/01/13
E-1 and E-2
none
multiple
5 years
07/19/18
E-1 and E-2
none
multiple
1 year
02/27/17
E-2
none
two
3 months
01/22/18
E-2
none
multiple
3 years
07/01/13
E-1 and E-2
none
multiple
1 year
06/16/14
E-2
none
multiple
5 years
08/30/18
E-2
none
multiple
1 year
07/01/13
E-1 and E-2
none
multiple
5 years
07/31/18
E-1 and E-2
100.00
multiple
5 years
07/01/13
NICARAGUA
awaits ratification by U.S. Senate
E-1 and E-2
none
multiple
5 years
07/01/13
E-1 and E-2
none
multiple
6 months
04/18/18
E-1 and E-2
none
multiple
5 years
09/06/18
E-2
none
multiple
5 years
10/16/18
E-1 and E-2
none
multiple
5 years
01/11/18
E-1 and E-2
none
multiple
5 years
12/20/17

E-1 and E-2

none
miltiple
1 year

04/06/18

E-2
none
multiple
5 years
09/26/16
RUSSIA
awaits ratification by Russia
E-2
none
multiple
1 year
05/23/18
E-1 and E-2
none
multiple
1 year
08/30/18
E-1 and E-2
none
multiple
2 years
09/26/17
E-1 and E-2
none
multiple
5 years
07/01/13
E-2
none
multiple
2 years
03/21/17
E-1 and E-2
none
multiple
5 years
07/01/13
E-1 and E-2
none
multiple
5 years
05/21/18
E-2
none
multiple
3 years
04/23/18
E-1 and E-2
none
multiple
5 years
07/01/13
E-1 and E-2
none
multiple
2 years
10/17/17
E-1 and E-2
none
multiple
4 years
03/08/16
E-1 and E-2
none
multiple
Fn.4
5 years
06/18/18
E-1 and E-2
15.00
multiple
6 months
07/01/13
E-1 and E-2
none
multiple
3 years
05/09/18
E-2
none
multiple
5 years
05/31/18
E-2
none
multiple
5 years
11/17/17
E-1 and E-2
none
multiple
5 years
07/01/13
E-2
none
two
3 months
05/29/18

UNITED KINGDOM

E-1

E-2

none

105.00
Fn.5

multiple
5 years
09/13/16

UZBEKISTAN

awaits exchange of instruments
E-1 and E-2
100.00
multiple
5 years
03/01/18

Fn.1 These are the reciprocity fees. They are in addition to the machine readable visa fee.

Fn.2 "With certain exceptions pertaining to personal communications, humanitarian assistance, information exchange and personal travel arrangements, all trade with Iran was banned pursuant to an executive order of May 8, 1995. Consequently, the issuance of virtually all E-1 visas to nationals of Iran is prohibited."

Fn.3 All Reciprocity Schedules were reissued on 07/01/13 when the new T-6 visa category was added.

Fn.4 "In addition to the applicants eligible under the treaty trader and investor agreement, the Taiwan authorities and their derivatives are also entitled to E-1 status. Attendants and personal employees of a member of the Taiwan authorities are entitled to B-1 status."

Fn.5 Fees for E-2 and L-2 visas apply to all persons, including spouses and children holding passports issued by United Kingdom issuing authorities, and do not apply to those persons with passports issued by authorities of British colonies or dependent territories. Fee is charged on a per individual basis.

Fn.6 At the present time South Sudan is listed on the DOS website as eligible for E-1 and E-2 visas. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/SouthSudan.html That is incorrect. LegalNet at DOS reports that "We currently do not have a reciprocity schedule with South Sudan and the schedule that can be accessed through Travel.state.gov is temporary. There are no E-1/E-2 treaty with South Sudan and once a formal reciprocity schedule is established, it should be noted that there is no treaty."

Fn.7 "A.The Government of Bolivia has given notice of termination, effective June 10, 2012, for the bilateral investment treaty between the United States and Bolivia. As of June 10, 2012, the treaty ceased to have effect except that it continues to apply for another 10 years after that date to covered investments existing as of June 10, 2012. Posts must request an advisory opinion from CA/VO/L/A if the applicant: (1) previously has not received an E-2 visa or acquired E-2 status in the United States, or (2) is applying on the basis of an investment in a different commercial enterprise than the enterprise identified at the time the applicant qualified for the last E-2 visa or (if no previous E-2 visa) the change of nonimmigrant status to E-2."

Fn.8 "Ecuadorian nationals with qualifying investments in place in the United States by May 18, 2018 continue to be entitled to E-2 classification until May 18, 2028. The only nationals of Ecuador (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to May 18, 2018."

69 Interpreter Releases 1604 (December 21, 1992) indicated that negotiations regarding treaties were ongoing with Barbados, Colombia, Hong Kong, Hungary, Nigeria, Peru, Uruguay and Venezuela. 72 Interpreter Releases 175 (January 30, 1995) indicated that negotiations regarding treaties were ongoing with Colombia, Peru, Venezuela, and South Africa.

The current model Bilateral Investment Treaty (BIT) https://www.state.gov/documents/organization/188371.pdf does not contain a provision for E status. The treaties negotiated under the new guidelines follow the model. See Investment Treaties with Uruguay https://ustr.gov/archive/assets/World_Regions/Americas/South_America/Uruguay_BIT/asset_upload_file582_6728.pdf and Rwanda https://ustr.gov/archive/assets/Trade_Agreements/BIT/Rwa/asset_upload_file743_14523.pdf

Eugene J. Flynn, P.C. Revised October 30, 2018.