Breaking: PERU Act Could Open E-2 and E-1 Visas to Peruvians

A new bipartisan bill in the U.S. Congress, known as the PERU Act, could soon make Peru eligible for E-1 Treaty Trader and E-2 Treaty Investor visas. If passed, the legislation would open a new pathway for Peruvian entrepreneurs and business owners to invest, trade, and live in the United States through these long-standing visa programs.

Until now, Peru has not been included on the official list of treaty countries required for E-1 and E-2 eligibility. That means Peruvian nationals have had to seek alternatives, such as applying through a second nationality.

With this bill, however, Peru could join the ranks of countries whose citizens can apply directly—an important shift for investors seeking opportunities in the U.S.

This article explains what the PERU Act would change, how the E-1 and E-2 visas work, and what steps Peruvians can take right now to prepare.

What Are E-1 and E-2 Visas?

The E-1 Treaty Trader visa allows citizens of treaty countries to live and work in the United States if they are engaged in substantial trade between their home country and the U.S. Trade can include goods, services, or technology, but it must be significant and primarily between the two nations.

The E-2 Treaty Investor visa is designed for citizens of treaty countries who make a substantial investment in a U.S. business. Applicants must either be in the process of investing or already have invested, and they must play a direct role in developing and managing the enterprise.

Both visas are nonimmigrant, meaning they are temporary, but they can be renewed indefinitely as long as the qualifying trade or investment continues. Eligibility depends entirely on whether the applicant’s nationality is tied to a treaty country recognized by the U.S. State Department.

Peru is currently not on the treaty country list. This exclusion has prevented Peruvian nationals from applying directly for E-1 or E-2 visas, which is why the PERU Act is significant.

What the PERU Act Could Mean for Peruvians

The PERU Act would amend U.S. immigration law to add Peru to the list of treaty countries eligible for E-1 and E-2 visas. If the bill becomes law, Peruvian nationals could apply directly for these visas, provided they meet the standard requirements for trade or investment.

For investors, this would mean the ability to launch or expand businesses in the U.S. through the E-2 visa. For traders, it would create opportunities to strengthen commercial ties with American partners under the E-1 visa.

The legislation is bipartisan, backed by members of both major political parties, signaling strong support for closer economic ties between the United States and Peru. Its passage would align immigration policy with the existing U.S.–Peru Trade Promotion Agreement, which already supports significant flows of goods and services between the two nations.

If approved, the PERU Act would mark a major policy shift, opening a pathway that has long been unavailable to Peruvian entrepreneurs and investors.

How Peruvians Can Apply Now

While Peru is not yet eligible for E-1 or E-2 visas, some Peruvians already qualify by applying through a second nationality. Many countries that have treaties with the U.S. allow their citizens to use these investor or trader visas.

For example, Peruvians who also hold citizenship in Spain, Italy, Germany, or another treaty country can apply for an E-2 visa today.

So what would be expected of Peruvians under the E-1 and E-2 programs? Let’s break down the requirements.

Requirements for E-1 and E-2 Visas

E-1 Visa:

• The applicant must be a citizen of a treaty country.
• The U.S. business must engage in substantial trade with the treaty country.
• More than 50% of the trade must be between the U.S. and that country.
• Trade can include goods, services, or technology.

E-2 Visa:

• The applicant must be a citizen of a treaty country.
• A substantial investment must be made (no fixed amount, but enough to ensure success of the business).
• The investment must go into a bona fide enterprise — a real, active, operating business.
• The investor must direct and develop the enterprise, not be a passive investor.
• The business cannot be marginal — it must generate more than enough to support the investor and ideally create jobs.

Both visas are temporary, but they can be renewed indefinitely as long as the business or trade continues to meet the criteria.

What’s Next & Estimated Timeline for the PERU Act

1. Drafting & Introduction
   
   • The bill must be formally introduced in either the House or the Senate (or both). A member of Congress sponsors it.
   • After introduction, it gets assigned to one or more relevant committees (e.g. Judiciary, Foreign Relations, or Homeland Security, depending on how immigration/treaty matters are distributed).
2. Committee Consideration
   
   • In committee: public hearings, expert testimony, markups, amendments.
   • The committee(s) vote on whether to send the bill (or a version of it) to the full chamber (House or Senate).
3. Floor Votes & Bicameral Passage
   
   • If passed in one chamber, it moves to the other (House ⇄ Senate), possibly after similar committee work there.
   • Both chambers must agree on the final language; this may require a conference committee if there are differences.
4. Presidential Approval
   
   • After both chambers pass the same version, it goes to the President for signing. If vetoed, Congress could override with a 2/3 vote in both chambers.

How Long Could This Take?

There is no set timeline for when the PERU Act could become law. The pace depends on political priorities, the level of bipartisan support, and how much debate the proposal generates.

Bills with wide support and little controversy can move through committees and both chambers of Congress within several months to a year. Others, particularly those tied to immigration or treaty issues, often face longer delays.

A review from the Congressional Research Service notes that many bills never make it out of committee, while others stall before reaching a full vote.

This unpredictability makes it difficult to estimate when the PERU Act might advance. For Peruvians interested in the E-1 and E-2 visa categories, the key is to follow the bill’s progress closely rather than expect a fixed timeline.

What That Means for Peruvians: What to Watch

While Peru is not yet eligible under E-1/E-2, here are milestones Peruvians should monitor to know when they can expect change or begin applying directly:
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What Peruvians Should Know About Implementation

Even if the PERU Act passes, the change will not happen overnight. After the President signs the bill, agencies such as USCIS and the Department of State must update the official list of treaty countries. U.S. embassies and consulates would also need to adjust their visa processing procedures.

If the legislation specifies an effective date, that will determine when Peruvians can begin submitting E-1 or E-2 applications. Until then, the rules remain unchanged.

For those preparing ahead of time, it is smart to organize business plans, proof of investment, and nationality documents. Peruvians with dual citizenship in a treaty country may also consider applying under that nationality as an immediate option. Being ready ensures that once Peru is officially added to the treaty list, applications can move forward without delay.

What Official Sources Say — and Don’t Say

So far, there is no official timeline from the U.S. government on when the PERU Act will be debated or voted on. Key sources such as Congress.gov provide updates on bill numbers, sponsors, and recent actions. Agencies like USCIS and the Department of State will only issue guidance once Peru is officially added as a treaty country.

For Peruvians tracking the bill, it is worth monitoring press releases from congressional sponsors, along with committee schedules in the House Foreign Affairs and Senate Foreign Relations Committees. These hearings and markups are often the first signs of movement. Until then, there is no guarantee when, or even if, the PERU Act will become law.

Conclusion

The PERU Act represents a real opportunity for Peru to gain access to the E-1 and E-2 visa categories for the first time. While the legislative process can take time, bipartisan backing increases the likelihood of progress. For Peruvian entrepreneurs, this means a potential new doorway to invest, trade, and build businesses in the United States under visas already used successfully by many other countries.

Even before the law is finalized, Peruvians with a second nationality from a treaty country can begin exploring the E-2 investor visa today. For everyone else, preparing early—by developing business plans, reviewing investment options, and following official updates—can put them in a strong position once Peru is added to the treaty list.

The message is clear: the U.S. is signaling openness to deeper economic ties with Peru. For investors and traders, this could mark the beginning of a new chapter in opportunities across both nations.

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