The company I currently work for is British and I'm resident in the UK but I have an Italian passport. My company wants to bring me to their office in the US with an E2 visa but they believe that they can't do so because I'm not British.

Italy though is included in the list of Treaty Countries, does it matter that the company is British? Is that a real blocker?


1 Answer 1


Got an (disappointing) answer after some research..

Treaty visas are authorized on the basis of treaties of commerce and navigation between the United States and certain countries [..]. Please note that the Enterprise must be majority-owned, as well as developed and directed by nationals of the Treaty Country (“Treaty Country Nationals”), and individual employees must have the same nationality as the Enterprise to qualify. Source

UPDATE: ~This now confuses me:~ Nationality: The investor (either a real or corporate person) must be a national of a treaty country and the entity must hold that same nationality. Under the law, a U.S. entity may qualify as an E-2 enterprise if it is owned by 50% or more by treaty nationals. Source

~So since most of the other employees are British I may qualify?~ (~ = striketrhough)

  • Employees must have the same nationality as the investor to qualify for the E-2 visa. As an Italian national, you could get one only if you were employed by an Italian investor.
    – phoog
    Sep 3, 2017 at 0:38
  • Got it, thanks. Any useful info/links about B visa limitations regarding the work location? I'm reading about L1b and that may fit too.. Many thanks
    – Gabe
    Sep 3, 2017 at 0:42

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