India has a large and active startup community. According to the Government of India, the country is the third-largest startup ecosystem in the world. As of December 31, 2024, more than 1.57 lakh startup recognition certificates had been issued by the Department for Promotion of Industry and Internal Trade (DPIIT). Entrepreneurial activity extends beyond major cities, with over half of recognized startups coming from Tier II and Tier III cities. Government programs such as Startup India support this growth.
As Indian businesses expand, some founders look beyond the domestic market. The United States often enters these discussions because of its market size and established commercial systems. In that context, U.S. investor visas are frequently discussed, including the E-2 Treaty Investor Visa.
However, the E-2 Treaty Investor Visa is available only to nationals of countries that have a qualifying treaty of commerce and navigation with the United States. This requirement is set by U.S. immigration law and is based strictly on citizenship.
According to the U.S. Department of State, India does not have an E-2 treaty with the United States. As a result, Indian citizens are not eligible to apply for the E-2 Treaty Investor Visa based on Indian nationality.
Investor option available to Indian citizens
While the E-2 Treaty Investor Visa is not available to Indian citizens, U.S. immigration law includes investor-based categories that do not depend on treaty nationality. One such category is the EB-5 Immigrant Investor Program.
To qualify under the EB-5 Immigrant Investor Program, an applicant must meet all of the following requirements under U.S. law:
- Make a qualifying investment in a new commercial enterprise in the United States. The required investment amount is set by statute and regulation and depends on whether the investment is made in a targeted employment area.
- Create at least ten full-time jobs for qualifying U.S. workers. These jobs must be direct or indirect, depending on the type of EB-5 investment structure.
- Demonstrate that the investment capital was obtained through lawful means, as required by U.S. Citizenship and Immigration Services.
- Be actively involved in the enterprise through policy formulation or management, either directly or through a qualifying role.
- File the required immigration petitions and supporting evidence with U.S. Citizenship and Immigration Services and comply with all program rules.
Summary
The E-2 Treaty Investor Visa is limited to nationals of countries that have a qualifying treaty of commerce and navigation with the United States. Because India does not have such a treaty, Indian citizens are not eligible to apply for the E-2 visa based on Indian nationality.
U.S. immigration law also includes investor-based visa categories that do not depend on treaty nationality. One such category is the EB-5 Immigrant Investor Program, which is open to foreign nationals from any country, including India. The EB-5 program is governed by separate statutory requirements and administered by U.S. Citizenship and Immigration Services.
Sources:
- Government of India Press Information Bureau. https://www.pib.gov.in/FactsheetDetails.aspx?Id=149106®=3&lang=1
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- USCIS. https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program