Residents of the United Arab Emirates, Qatar and Saudi Arabia ask Samper Law the same first question: which U.S. route fits someone who lives in the Gulf but may hold a different passport and may have been born in a third country. The answer turns on three separate facts: your nationality, your country of birth, and what you would do in the United States. This guide takes them in turn and links the government source behind each rule.
Three terms are used precisely below. A petition is a request filed with U.S. Citizenship and Immigration Services (USCIS). A visa is the document a U.S. embassy or consulate places in a passport so that its holder can travel and ask to be admitted. Status is what a person holds after admission: a temporary classification such as L-1A, or permanent residence.
Which U.S. options fit investors and executives living in the Gulf?
| Route | What it gives | Who it fits |
|---|---|---|
| EB-5 | Permanent residence, conditional for the first two years | Investors of any nationality who place $1,050,000, or $800,000 in a targeted employment area or infrastructure project, and create 10 full-time U.S. jobs |
| L-1A, then EB-1C | Temporary status, then permanent residence | Owners and executives of a Gulf company that opens or already has a U.S. office |
| EB-1A | Permanent residence by self petition | People with sustained national or international acclaim |
| O-1 | Temporary status | People of extraordinary ability with a U.S. employer or agent to file the petition |
| E-2 | Temporary status, renewable | Nationals of treaty countries only |
The EB-5 amounts are scheduled to change on January 1, 2027, as explained in our note on the EB-5 inflation adjustment. Our E-2 or EB-5 decision guide compares the two investor routes, and the EB-5 guide for 2026 covers amounts, jobs and timing.
Can a UAE, Qatari or Saudi national apply for an E-2 visa?
No. E-2 classification is available only to nationals of a country that has a qualifying treaty with the United States, and the State Department's list of treaty countries does not include the United Arab Emirates, Qatar or Saudi Arabia. India and mainland China are not on it either.
The test is nationality, not residence. A long term resident of Dubai, Doha or Riyadh who holds the nationality of a treaty country may qualify from the Gulf. The list includes Pakistan, Egypt, Jordan, Bahrain, Oman, Bangladesh, Sri Lanka and the United Kingdom, among others. Two conditions follow from the same rule:
- The company must share the nationality. At least 50 percent of the U.S. business must be owned by nationals of the treaty country. 8 CFR 214.2(e).
- Read the notes to the list. Some entries carry conditions. The United Kingdom entry, for example, ties eligibility to domicile in British territory, which a British national settled in the Gulf should have reviewed before investing.
E-2 is a temporary classification. USCIS describes an initial stay of up to two years with extensions in increments of up to two years, and E-2 does not by itself lead to permanent residence. For an investor whose nationality does not qualify, the usual alternatives are EB-5, an L-1A transfer if there is an operating company abroad, or a petition based on the person's own record. See how much to invest for E-2.
How can a Gulf company open a U.S. office and transfer its executives?
Through the L-1A classification. The U.S. entity files a petition with USCIS to transfer an executive or manager who has worked for the related company abroad for at least one continuous year within the three years before the transfer. The Gulf company and the U.S. company must be related as parent, subsidiary, branch or affiliate, and the foreign company must keep doing business. Nationality does not matter, which makes L-1A the usual route for Emirati, Qatari and Saudi owners.
When the U.S. office is new, the first approval is limited to one year. The extension must show that the office is operating and has grown enough to support a managerial or executive position. Founders who treat the first year as a formality tend to have difficulty at that stage.
The permanent counterpart is EB-1C, the immigrant petition for multinational managers and executives. It requires no labor certification, but the U.S. employer must have been doing business for at least one year when it files. Our guide to moving from L-1A to EB-1C explains how to plan both steps together.
Who qualifies for EB-1A or O-1 from the Gulf?
EB-1A is an immigrant petition that a person files for themselves, with no employer and no job offer. It requires evidence of sustained national or international acclaim, shown by a major internationally recognized award or by at least three of ten regulatory criteria, followed by an overall review of the record. O-1 is the temporary counterpart and needs a U.S. employer or agent as petitioner. A third option, the EB-2 National Interest Waiver, suits professionals whose work has national importance for the United States.
Achievements earned in the Gulf count like any others: awards, published material about you, a high salary relative to your field, or a critical role at a distinguished organization. Each must be documented, and documents in Arabic need certified English translations. Start with EB-1A or NIW: which to file and the ten EB-1A criteria.
Why does my country of birth matter more than where I live?
Because immigrant visas are counted against the country where the applicant was born. Under 22 CFR 42.12, an immigrant is charged to the foreign state of birth. Citizenship and residence do not change that. The monthly Visa Bulletin then publishes separate cut-off dates for the countries with the heaviest demand, including India and mainland China.
For Gulf residents the consequences are concrete:
- Born in India or mainland China, living in the Gulf. You wait in India's or China's line. In the November 2026 Visa Bulletin the final action date for India was November 1, 2013 in EB-2 and February 1, 2023 in EB-1, as set out in our summary of that bulletin.
- Born in the UAE, Qatar or Saudi Arabia. You are charged to that country, whatever passport you hold, and use the dates for all other chargeability areas.
- Investors. In that same bulletin the EB-5 categories set aside for rural, high unemployment and infrastructure projects were current for every country, which is why Indian and Chinese born investors in the Gulf look closely at those projects.
Cross chargeability through a spouse. To keep families together, the rule lets a spouse who is accompanying or following to join be charged to the other spouse's country of birth. If you were born in India and your spouse was born in the UAE, Pakistan or another country without a backlog in your category, the whole family can use that country's dates. A child may take a parent's country in the same way. It does not work in reverse: a parent cannot take a child's country of birth.
How do I document the lawful source of EB-5 funds earned in the Gulf?
USCIS requires evidence that the invested capital was obtained lawfully, and a record of every transfer from its origin to the investment. 8 CFR 204.6(j)(3) names tax returns among the usual evidence. Where a country of residence does not require a personal tax return on employment income, the record has to be built from other documents. In practice, for Gulf sources:
- Employment income. Employment contracts for each employer, salary certificates, payslips, and bank statements showing each salary credit over the years in which the savings accumulated.
- End of service gratuity. The employer's final settlement statement, the contract and service record that support the calculation, and the bank credit.
- Property sales. The title deed, how the original purchase was funded, the sale agreement, the official transfer record, and the bank record of the proceeds.
- Family gifts. A signed gift declaration, proof of the transfer and, most importantly, the donor's own source of funds documented to the same standard as the investor's.
Move money by bank wire between accounts in the names of the people in the file. Cash deposits and transfers through informal channels break the chain and are difficult to repair afterward. Our source of funds guide describes how to assemble the record before any money moves.
Which U.S. embassy or consulate handles my visa?
For immigrant visas, the State Department publishes instructions for one post in each country:
| Country of residence | Immigrant visa interview |
|---|---|
| United Arab Emirates | U.S. Embassy Abu Dhabi |
| Qatar | U.S. Embassy Doha |
| Saudi Arabia | U.S. Embassy Riyadh |
Abu Dhabi's instructions describe two visits, one for document review and fingerprints and a second for the interview, usually about a week apart, and advise applicants who travel in from outside the UAE to plan to stay at least 10 days. Each post requires a medical examination by a physician it has approved. Attorneys may not accompany applicants to the interview, so preparation happens beforehand.
For nonimmigrant visas such as L-1, O-1 and E-2, the U.S. Mission to the UAE operates visa units at the Embassy in Abu Dhabi and the Consulate General in Dubai, the Embassy in Doha serves Qatar, and the Mission to Saudi Arabia lists Riyadh, Jeddah and Dhahran. Services at these posts have changed during 2026. In August 2026 the Mission to the UAE announced that limited visa processing was available, so check the post's page before you book travel.
How do I start from the Gulf?
With a consultation by video, scheduled for a time that works in Gulf Standard Time or Arabia Standard Time. You can call the firm at +1 781 321 3700 or message it on WhatsApp, and the International Clients page explains how documents are signed and exchanged. Consultations are held in English, Spanish, Portuguese, Hindi, Nepali, Urdu and Punjabi, and cost $125 to $250 depending on the type and complexity of the matter.
Frequently asked questions
Can a UAE resident apply for an E-2 visa?
Only if the resident is a national of a country that has a qualifying treaty with the United States. E-2 eligibility follows nationality, not residence, and the UAE, Qatar and Saudi Arabia are not on the State Department treaty list. A Pakistani, Egyptian or Jordanian national living in Dubai may qualify. The exception to watch is ownership: the U.S. business must be at least 50 percent owned by nationals of the treaty country.
I was born in India and live in Dubai. Which Visa Bulletin dates apply to me?
India's. An immigrant visa is charged to the applicant's country of birth, not to the country of residence or citizenship, so years of residence in the UAE do not change the line. The main exception is cross chargeability: if your spouse was born in another country and immigrates with you, you may be charged to your spouse's country of birth instead.
Can UAE, Qatari or Saudi nationals invest their way to U.S. residence?
Yes, through EB-5, which has no nationality requirement. It requires an investment of $1,050,000, or $800,000 in a targeted employment area or infrastructure project, and at least 10 full-time U.S. jobs. What they cannot use is E-2, because none of the three countries has a qualifying treaty. A Gulf national who also holds a treaty country nationality should have that reviewed individually.
Can I use my end of service gratuity or the sale of a Gulf property for EB-5?
Yes. Any lawfully obtained capital can be invested, including a gratuity, sale proceeds, savings from salary and family gifts. The condition is documentation: each amount needs records that show where it came from and every transfer on its way to the investment. A gift adds a second file, because the donor must document the lawful source of the gifted funds as well.
Where is the immigrant visa interview for someone living in the Gulf?
At the U.S. embassy that processes immigrant visas for the country where you live: Abu Dhabi for the UAE, Doha for Qatar and Riyadh for Saudi Arabia. The National Visa Center schedules the appointment once the petition is approved and a visa number is available. Applicants already in the United States in lawful status may be able to apply for adjustment of status there instead.
Sources
- U.S. Department of State, Treaty Countries (E-1 and E-2)
- USCIS, E-2 Treaty Investors
- 8 CFR 214.2(e) and (l)
- USCIS, L-1A Intracompany Transferee Executive or Manager
- USCIS, Employment-Based Immigration: First Preference EB-1
- USCIS, O-1 Visa: Individuals with Extraordinary Ability or Achievement
- USCIS, EB-5 Immigrant Investor Program
- 8 CFR 204.6(j)(3), evidence of lawful source of capital
- 22 CFR 42.12, Rules of chargeability
- U.S. Department of State, Visa Bulletin
- U.S. Department of State, U.S. Embassy Abu Dhabi immigrant visa instructions
- U.S. Department of State, U.S. Embassy Doha immigrant visa instructions
- U.S. Department of State, U.S. Embassy Riyadh immigrant visa instructions
- U.S. Mission to the UAE, Visas
- U.S. Embassy in Qatar, Visas
- U.S. Mission to Saudi Arabia, Visas
Speak with Samper Law
Call or message the firm Monday to Friday, 9:00 AM to 5:00 PM U.S. Eastern Time, or request a consultation online at any hour. A consultation costs $125 to $250, depending on the type and complexity of the matter.
- Call: +1 781 321 3700
- WhatsApp: +1 857 600 8145