India

Is India an E-2 treaty country?

An E-2 visa is an immigration option for those nationals who come from countries with which the United States has entered into a particular treaty of commerce and navigation. Such treaties allow these specific treaty countries' nationals to make investments in and manage businesses in the U.S. under the auspices of the E-2 visa program. These countries include Canada, the United Kingdom, Japan, and others, whose nationals have a relative ease of access to an E-2 visa application process.


Not all countries have these treaties with the United States, and India is one of them. Therefore, an Indian national cannot apply for this E-2 visa. The unavailability of a bilateral treaty between India and the U.S. limits the choices under which an Indian investor can enter the United States to establish or operate a business. Still, there are ways to make an E-2 visa available for Indian nationals. One is through dual citizenship of another country that indeed has an E-2 treaty with the United States. For example, countries like Grenada and Turkey offer citizenship by investment programs; under these, one gets eligibility for the E-2 visa.

Alternative visa options for Indians

Indian nationals seeking to live and work in the U.S. have several alternative visa options. The EB-5 visa provides a pathway to a green card for those who invest at least $1.05 million in a U.S. business, or $800,000 in a Targeted Employment Area, creating or preserving at least 10 full-time jobs. This option is ideal for individuals with significant financial resources.

The O-1 visa is another option, designed for individuals with extraordinary abilities in fields like science, business, education, and the arts. To qualify, applicants must demonstrate national or international acclaim through notable achievements such as awards or publications. The EB-2 National Interest Waiver (NIW) is available for those with advanced degrees or exceptional abilities, but there is a significant backlog for Indian applicants, with wait times exceeding 11 years.


Many Indian nationals may not realize they can opt for the EB-1A visa, which also caters to individuals with extraordinary abilities but has much shorter processing times compared to the EB-2 NIW. The EB-1A visa allows qualified applicants to obtain a green card more quickly, offering a more efficient route for those who meet the criteria of sustained national or international acclaim.