The E-2 Treaty Investor Visa

Non-immigrant residency via active US business operations.

Important Note for Kuwaiti Citizens: The State of Kuwait does not currently possess an E-2 treaty with the United States. Therefore, Kuwaiti passport holders cannot apply directly for the E-2 visa.

Despite the lack of a direct treaty, the E-2 visa remains highly sought after by Kuwaiti investors. It allows an individual to live and work in the US based on a "substantial" investment in a bona fide US business.

The Citizenship-by-Investment (CBI) Strategy

To access the E-2 visa, a Kuwaiti citizen must first obtain citizenship from a country that does hold an E-2 treaty with the US. Common routes include:

  • Grenada: Offers a CBI program (starting around $150,000 for a single applicant). Once Grenadian citizenship is obtained, the individual can apply for the US E-2 visa.
  • Turkey: Real estate investment route ($400,000+) leads to citizenship and E-2 eligibility.

Note: The AMIGOS Act recently imposed a requirement that individuals who obtain citizenship via CBI must be domiciled in that treaty country for a continuous period of at least 3 years before they can apply for the E-2 visa.

Investment Requirements

Unlike the EB-5, the E-2 has no strict minimum dollar amount (though practically, $100,000 - $150,000 is generally expected). However, the business must be "active" (e.g., a franchise, a logistics firm, a tech startup) rather than "passive" (e.g., just holding real estate or stocks).