[191].png)
Recent policy changes and heightened scrutiny under the Trump administration have left many dual citizens confused and concerned about their eligibility for U.S. investor visas. A question we hear often is this:
If someone is a Canadian citizen but was born in Venezuela, can they still apply for an E-2 visa?
The short answer is yes, and the reason is simple.
What Actually Matters for E-2 Visa Eligibility
The E-2 visa is based on nationality, not country of birth.
To qualify for an E-2 visa, the applicant must be a citizen of a treaty country. A treaty country is one that has a qualifying commerce and navigation treaty with the United States. Canada is one of those countries.
If an applicant holds Canadian citizenship, they may apply for an E-2 visa using their Canadian passport, regardless of where they were born or whether they also hold citizenship from a non-treaty country.
Country of birth is irrelevant for E-2 purposes. Nationality is what counts.
How This Works for Dual Citizens in Practice
This rule applies to thousands of E-visa applicants every year.
For example:
A dual citizen of India and Canada may apply for an E-2 visa using their Canadian nationality.
A dual citizen of Venezuela and Spain may apply using their Spanish citizenship.
A Brazilian/Italian dual citizen may apply as an Italian national.
A Chinese/Grenadian dual citizen may apply using their Grenadian passport.
In all of these cases, the key factor is holding citizenship in a treaty country at the time of application. The applicant’s birthplace or secondary nationality does not disqualify them.
Why This Distinction Is So Important
Much of the confusion we see comes from mixing different immigration concepts together. While other visa categories may look at country of birth or raise additional screening questions, the E-2 visa follows a very specific legal framework.
For E-2 purposes:
The passport you apply with matters
The treaty relationship matters
Your investment and business structure matter
Your place of birth does not.
Understanding this distinction early can save applicants from unnecessary worry or incorrect assumptions about eligibility.
Final Thought
Dual citizenship does not prevent someone from qualifying for an E-2 visa. If you hold citizenship in a treaty country, you may apply using that nationality, even if you were born elsewhere or also hold citizenship from a non-treaty country.
When applicants move forward with an E-2 or E-1 visa, one of the most critical components is the business plan. The investment, the ownership structure, the operational model, and the financial projections must all align with how E visas are adjudicated.
When the time comes to clearly explain the business, document the investment, and support the case with research and realistic financial figures, that is where our work fits in. We focus on immigration-driven business planning for E visas, including E-2 and E-1 cases, helping ensure the business side of the petition is clear, credible, and aligned with visa requirements.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
If you are looking for any of the following, we can help you!
EB-5 Visa Business Plans
EB5 Business Plans
L1A Business Plans
L Visa Business Plans
L-1 Visa Business Plans
E2 Business Plans
E2 Visa Business Plans
E1 Business Plans
E1 Visa Business Plans
Business Plan for Investor Visa
Business Plans for Immigration and Visa Purposes
Business Plan for Visa Application
Market Analysis
Feasibility Studies
Investor Visas Business Plans
NIW Business Plans
NIW Personal Endeavor Plan
NIW Personal Statement
EB-2 Visa Business Plans
Visa Business Plans
[40].png)
[60].png)