At a Glance
Spanish nationals can use the E-2 treaty investor visa as well as EB-5, O-1A, EB-1A and the National Interest Waiver.
Spain has been an E-1 and E-2 treaty country since April 14, 1903, and Spanish companies can also transfer managers and executives on the L-1.
Samper Law advises Spanish clients nationwide in Spanish and English, with Lidice Samper, Esq. leading the legal strategy and Gerardo Kloss working alongside her on structure and source of funds.
Is Spain an E-2 Treaty Country?
Yes.
Spain appears on the State Department treaty country list for both E-1 and E-2, in force since April 14, 1903, and applicable to all Spanish territories.
A Spanish citizen may apply for E-2 status to develop and direct a U.S. business in which they have made a substantial investment, provided at least 50 percent of the business is owned by Spanish nationals.
State Department treaty country list | Accurate as of October 22, 2026
Comparing Your U.S. Routes
| Route | What it is | When it fits | Status |
|---|---|---|---|
| E-2 Treaty Investor | Renewable nonimmigrant visa to develop and direct a U.S. business in which you have made a substantial investment that is at risk. | You are a national of a treaty country and want to run your own U.S. business without a green card requirement. | Open |
| EB-5 Immigrant Investor | Green card based on a qualifying investment in a U.S. enterprise that creates at least 10 full time jobs, directly or through a regional center. | You want permanent residence for yourself, your spouse and unmarried children under 21 and can document a lawful source for the full investment. | Open |
| O-1A Extraordinary Ability | Nonimmigrant visa for individuals with extraordinary ability in business, science, education or athletics. | You are a founder or executive with a documented record such as significant funding, press, awards, judging or high compensation. | Open |
| EB-1A Extraordinary Ability | Self petitioned green card for individuals with sustained national or international acclaim. No employer or job offer is required. | Your record already meets at least three of the ten regulatory criteria and shows you are among the small percentage at the top of your field. | Open |
| EB-2 National Interest Waiver | Green card that waives the job offer and labor certification when your proposed work has substantial merit and national importance. | You hold an advanced degree or exceptional ability and have a credible plan for work that benefits the United States. | Open |
| L-1 Intracompany Transfer | Visa for managers, executives and specialized knowledge staff of a foreign company opening or expanding a related U.S. office. | You have worked for the foreign company for at least one continuous year in the last three, and it will keep operating abroad. | Open |
Source of Funds From Spain
Every dollar of the investment has to be traced to a lawful source. For Spanish investors the record usually includes the following.
Banking records
Statements for each Spanish or European account that held the funds, with the records of the sale, salary, dividend or loan that produced them.
Tax filings
IRPF returns filed with the Agencia Tributaria, and the escritura notarial for any property sale that generated the funds.
Currency transfer documentation
SWIFT confirmations and the bank's record of each conversion from euros to dollars.
The general EB-5 and E-2 paper trail, from origin of funds to the U.S. account, is set out in EB-5 Source of Funds: Build the Paper Trail Before You Wire.
Frequently Asked Questions
Is Spain an E-2 treaty country?
Yes. Spain has been an E-1 and E-2 treaty country since April 14, 1903, according to the State Department treaty country list.
Can my Spanish company transfer me on an L-1 instead?
Yes, if you have worked for the Spanish company for at least one continuous year in the last three and it will own or be affiliated with the U.S. office. A manager or executive on the L-1A may later qualify for an EB-1C green card, which the E-2 does not provide.
How do I prove the source of funds coming from Spain?
With bank statements, IRPF returns, the documents behind the original source of the money and the wire records for each transfer, linked in a continuous trail to the U.S. investment.
Does Samper Law work in Spanish?
Yes. Consultations, document review and client communication are available in Spanish and English.
ATTORNEY ADVERTISING. General information only; not legal advice and does not create an attorney client relationship. Treaty status and agency policy can change; confirm with counsel before you invest. Prior results do not guarantee a similar outcome.