Nigeria

Is Nigeria an E-2 treaty country?

The E-2 visa is available for nationals of countries with which the United States has entered into a particular treaty of commerce and navigation. Such treaties allow for the citizens of these treaty countries to invest in and manage businesses in the U.S. under the E-2 visa program. All countries, including Canada, the United Kingdom, and Japan, have this type of agreement with the United States, making it possible and not at all difficult for their nationals to apply for an E-2 visa.

Not all countries have such agreements in place, however, and Nigeria is one of them. The implication of this is that, as a direct applicant, Nigerian nationals cannot apply for an E-2 visa. The lack of a bilateral agreement between Nigeria and the U.S. to enable such a category of visa Thus, narrows the possibilities for a Nigerian investor who wants to set up or operate a business in the United States of America.

Nevertheless, there are different ways a citizen of Nigeria would be entitled to an E-2 visa. Obtaining dual citizenship from another country and belonging to the category of E-2 treaty countries with the United States will be sufficient. Using some countries—Grenada and Turkey are examples—that offer recognition programs through their version of citizenship by investment, further providing entitlement for the E-2 visa, is also usable.

Alternative visa options for Nigerians

Though Nigeria is not an E-2 treaty country, there are other visa options available for Nigerian nationals who want to immigrate into the United States to live and work. The O-1 visa is available to those with extraordinary ability in the sciences, business, and arts. Regarding this, one will have to provide very strong evidence of achievements attained, such as winning awards or being published. It targets highly qualified professionals with national/international recognition.

Another avenue is the EB-2 NIW, where a foreign national holding an advanced degree or possessing exceptional ability can self-petition without a job offer. Individuals with extraordinary ability can use the EB-1A visa category for direct permanent residency, which is comparable to through the O-1 visa category. An EB-5 visa is also obtainable to individuals who have invested at least $1.05 million in a U.S. business or $800,000 in a targeted employment area and created or preserved at least 10 full-time jobs. All the aforementioned visas open a clear avenue for living and working in the Land of Opportunity but differ in requirements and eligibility based on an applicant's qualifications and financial means.