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United States Department of State (Foreign Affairs Manual)

Applies the rule

The Department's internal guidance to consular officers, carrying at 9 FAM 402.9 the rules on treaty traders and investors, including the statement that a bilateral investment treaty may be a qualifying treaty of commerce and navigation for the purposes of INA 101(a)(15)(E).

The body that applies the rule and decides applications. It publishes what it requires, which is authoritative about its own practice but is not the text of the law.

fam.state.gov

Cannot be cited for

It must not be cited as law. It is guidance to officers, it is revised by change transmittal without notice, and it confers no rights on an applicant. It must also not be cited for what it does not address: the section on treaty traders and investors says nothing about how an applicant acquired the treaty country's nationality, and that silence is an absence in the guidance rather than a ruling that investment citizens qualify. Nor for the regulations it implements, which are at 22 CFR 41.51.

Re-check every

120 days

Publication rhythm

Revised by change transmittal; the E visa section carried CT:VISA-2190 of 17 February 2026 when read.

Re-check triggers

a new change transmittal to 9 FAM 402.9 · any guidance on nationality acquired by investment · a change to the qualifying-treaty rule

Facts resting on this publisher · 1