E-2 Visa for Dutch Citizens 2026: How to Apply at the Amsterdam Consulate

E-2 Visa for Dutch Citizens 2026: How to Apply at the Amsterdam Consulate

The E-2 Treaty Investor Visa remains one of the most powerful and flexible pathways for foreign entrepreneurs to live and work in the United States. For Dutch nationals, this opportunity is made possible by a longstanding bilateral treaty of commerce and navigation between the United States and the Kingdom of the Netherlands — formally underpinned by the Dutch-American Friendship Treaty (DAFT). This treaty grants Dutch citizens the right to apply for an E-2 visa and invest in, develop, and direct a U.S. commercial enterprise.

What makes the Dutch E-2 application process particularly unique is the role of the U.S. Consulate General in Amsterdam, which operates a specialized Certificate of Enrollment (CoE) program that streamlines the process for established Dutch companies with a proven U.S. investment history. Whether your company holds a valid Certificate of Enrollment or you are a first-time applicant, this comprehensive 2026 guide will walk you through every step of the process.

---

The E-2 visa is only available to nationals of countries that have a qualifying treaty of commerce and navigation with the United States. The Netherlands has maintained such a treaty with the U.S. for decades, making Dutch nationals fully eligible to apply for the E-2 Treaty Investor Visa.

There is one critical eligibility rule: only Dutch nationals qualify. Legal permanent residents of the Netherlands who hold citizenship from a non-treaty country cannot use the Dutch treaty to apply for an E-2 visa. You must hold a Dutch passport to be eligible as a principal E-2 investor.

Additionally, the U.S. business you are investing in must be at least 50% owned by Dutch nationals. If the business is a corporate entity, the ultimate individual owners must hold Dutch citizenship.

---

To qualify for an E-2 visa, Dutch applicants must satisfy the following core legal requirements. Consular officers at the U.S. Consulate General in Amsterdam will scrutinize each element carefully.

Requirement 1: Substantial Investment

There is no fixed minimum dollar amount for the E-2 visa. Instead, the investment must be "substantial" relative to the total cost of establishing or purchasing the business. U.S. immigration law applies a proportionality test: the larger the total cost of the enterprise, the larger the required investment.

In practice, the U.S. Consulate in Amsterdam has historically expected investments in the range of $100,000 to $200,000 or more for most business types. Investments below $100,000 are possible but carry a higher risk of denial and require a very compelling proportionality argument. The funds must be:

• Irrevocably committed to the enterprise (not simply sitting in a bank account).
• At risk of partial or total loss if the business fails.
• Lawfully obtained (the consular officer will scrutinize the source of funds).

It is permissible to use loans to fund the investment, provided the loans are secured by the investor's personal assets and not by the assets of the U.S. business itself.

Requirement 2: Real and Operating Commercial Enterprise

The business must be a bona fide, active commercial enterprise that produces goods or services for profit. Passive investments — such as purchasing undeveloped land, holding stocks, or placing funds in a bank account — do not qualify. The enterprise must be actively engaged in commercial activity at the time of the visa application.

Requirement 3: Non-Marginality

The business cannot be "marginal." A marginal enterprise is one that only generates enough income to provide a living for the investor and their family, with no capacity to make a significant economic contribution. To overcome this, your business plan must demonstrate that the company will:

• Create jobs for U.S. workers (typically within five years of the visa issuance).
• Generate revenue that significantly exceeds what is needed to support the investor's household.

Requirement 4: Develop and Direct

You must be coming to the United States solely to develop and direct the enterprise. This is demonstrated by showing that you own at least 50% of the business or possess operational control through a managerial or executive position. If you own less than 50%, you must demonstrate control through another corporate mechanism.

---

The U.S. Consulate General in Amsterdam has a unique, two-track system for processing E-2 visa applications. The pathway you follow depends on whether your company holds a valid Certificate of Enrollment (CoE) in the Amsterdam E Visa Program.

Pathway A: Companies WITH a Valid Certificate of Enrollment

The Certificate of Enrollment is a special designation granted by the U.S. Consulate General in Amsterdam to established Dutch companies with a proven U.S. investment history. The Consulate identifies these companies independently — you cannot apply to be enrolled. Certificates are valid for periods of 12, 36, or 60 months, depending on the company's investment history and the strength of its U.S. operations.

If your company holds a valid CoE, the application process is significantly streamlined. The Consulate has already pre-vetted the company's investment, allowing the consular officer to focus primarily on the individual applicant's qualifications during the interview. Employees of enrolled companies can also apply for E-2 status more efficiently.

Pathway B: Companies WITHOUT a Valid Certificate of Enrollment

For new investors or companies that do not hold a valid CoE, the process requires a comprehensive document submission. This is the pathway most first-time Dutch E-2 applicants will follow. The steps are as follows:

Step 1: Complete the DS-160

Every applicant — the principal investor, spouse, and each accompanying child — must complete the online Nonimmigrant Visa Electronic Application (Form DS-160) and upload a compliant passport photo.

Step 2: Register and Pay the Visa Fee

Register with the online payment system at usvisaappt.com and pay the non-refundable visa application fee. The current Machine Readable Visa (MRV) fee for E-category visas is $315 per applicant. Note that if the visa is approved, an additional visa reciprocity fee may apply based on the reciprocity schedule between the U.S. and the Netherlands.

Step 3: Submit Your Application Package by Email

The U.S. Consulate General in Amsterdam only accepts E visa applications via electronic submission. You must submit the entire application package to AmsterdamEvisas@state.gov. The package must be organized into seven separate PDF attachments (Tabs A through G), formatted in portrait orientation, and written entirely in English. Documents not in English must include an official typed translation.

The seven tabs for an E-2 application (without CoE) typically cover:

• Tab A: DS-160 confirmation pages for all applicants.
• Tab B: Passport copies and photographs.
• Tab C: Evidence of Dutch nationality and treaty eligibility.
• Tab D: Evidence of the investment (source of funds, bank statements, wire transfers, purchase agreements).
• Tab E: Business documentation (articles of incorporation, operating agreements, business licenses).
• Tab F: Financial projections and business plan demonstrating non-marginality.
• Tab G: Evidence of the applicant's qualifications and intent to develop and direct the enterprise.

Each attachment must not exceed 5 MB. Do not send linked or password-protected files.

Step 4: Processing (Approximately 12 Weeks)

Within two business days of receiving your email submission, the E Visa Unit will send a confirmation of receipt. The standard processing time is approximately twelve weeks or more from receipt of a complete package. If the package is incomplete or incorrectly formatted, the processing time will be significantly longer. Do not inquire about case status until the standard processing time has elapsed.

Step 5: Interview at the Amsterdam Consulate

Once the E Visa Unit has reviewed your application, they will invite you by email to schedule an interview with a consular officer. The interview must be scheduled and conducted within 90 days of receiving the invitation; otherwise, you will need to restart the application process.

At the interview, you should bring:

• Your DS-160 confirmation sheet (with barcode).
• Your valid passport (with at least one blank page for the visa stamp).
• A compliant passport photograph (5×5 cm, colored, taken within the last six months).
• All original supporting business and investment documents.

If the visa is approved and no additional administrative processing is required, your passport with the visa stamp will be returned via registered post within 3 to 4 business days after the interview.

---

Dutch nationals are eligible for an E-2 visa with a maximum validity of five years, issued as a multiple-entry visa. However, the actual validity period granted is at the sole discretion of the consular officer and may be shorter.

It is critical to understand the distinction between visa validity and period of stay:

• Visa Validity: The period during which you can use the visa to enter the United States. A 5-year visa means you can enter the U.S. at any time within those five years.
• Period of Stay (I-94): Upon each entry to the U.S., a Customs and Border Protection (CBP) officer will authorize your specific period of stay, typically two years per entry. You must depart the U.S. or extend your status before this period expires, regardless of the remaining validity on your visa stamp.

There is no limit on the number of renewals for the E-2 visa, as long as you continue to meet the eligibility requirements and your U.S. business remains operational and non-marginal.

---

The E-2 visa offers a compelling set of benefits that make it one of the most attractive U.S. work visas for Dutch business owners:

---

Dutch nationals have two primary options for obtaining E-2 status:

Consular Processing in Amsterdam: This is the standard route, where you apply directly at the U.S. Consulate General in Amsterdam. The process results in an E-2 visa stamp in your Dutch passport, which you can use to enter the U.S. multiple times during its validity period.

Change of Status (COS) with USCIS: If you are already in the United States in a valid nonimmigrant status (such as a B-1/B-2 visitor visa or an F-1 student visa), you may file Form I-129 with USCIS to change your status to E-2 without leaving the country. This can be faster than consular processing in some cases.

There is an important caveat to the COS route: a USCIS-approved change of status does not result in an E-2 visa stamp. It only authorizes your stay in the U.S. Once you depart the United States, your COS approval becomes void, and you will need to apply for an E-2 visa at the Amsterdam Consulate before you can re-enter the U.S. in E-2 status. A prior COS approval does not guarantee visa issuance.

---

Understanding the most common reasons for E-2 denial can help you build a stronger application:

• Investment Amount Too Low: An investment below $100,000 without a compelling proportionality argument is a significant red flag. The consular officer must be convinced that the investment is substantial relative to the total cost of the enterprise.
• Funds Not "At Risk": If the investment funds are not irrevocably committed to the business — for example, if they are held in a personal bank account with no clear commitment to the enterprise — the application will likely be denied.
• Marginal Enterprise: A business plan that fails to demonstrate job creation or significant economic contribution beyond supporting the investor's household is a common basis for denial.
• Incomplete or Incorrectly Formatted Application: The Amsterdam Consulate has strict formatting requirements for E visa applications. Incorrectly formatted PDFs, missing tabs, or documents not in English will delay processing and may result in denial.
• Lack of Operational Control: Failing to demonstrate that you own at least 50% of the business or possess genuine managerial control is a critical deficiency.

---

The E-2 visa application process is highly document-intensive and requires meticulous preparation. A poorly assembled application package can result in significant delays or outright denial. Given the Amsterdam Consulate's strict formatting requirements and the 12-week processing timeline, it is advisable to begin preparing your application well in advance.

At Alaz Law, we have extensive experience guiding investors from treaty countries — including the Netherlands — through the E-2 visa process. Our team can help you:

• Evaluate whether your investment meets the substantiality requirement.
• Structure your business and investment to maximize approval prospects.
• Prepare and format your complete application package in compliance with the Amsterdam Consulate's specific requirements.
• Prepare you for the consular interview.

If you are a Dutch national considering the E-2 visa in 2026, contact our office to schedule a consultation. We are here to help you turn your U.S. business vision into a reality.