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Treaty Trader/Investor

Treaty Investor E-2

If you are an applicant from a treaty country, such as France, the enterprise itself possesses treaty country nationality, and you or the enterprise’s owner has invested or is actively in the process of investing in the US [See 9 FAM 41.51 N8], you may qualify for an E-2 visa. The enterprise must be real and operating [See 9 FAM 41.51 N9] and the investment must be substantial [See 9 FAM 41.51 N10]

If you believe you qualify for an E-2 visa, please adhere to the following format in submitting your application. All applications not complying with the format below will be returned to the applicant.

Required Format for E2 Visa Applications

Applications must be submitted in a folder divided into sections clearly separated by lettered or numbered tabs. Please do NOT submit binders as our mail room is not equipped to process them.

Tab A

For principal applicant(s) and dependent family member(s): DS-160 confirmation page with a suitable photo generated by the online system.  The Mandat-Compte receipt for the application fee should be stapled to the back of the DS-160 confirmation page.

Tab B

For principal applicant(s) and dependent family member(s): Photocopy of data (photo) page of passport. This tab should also include photocopies of the applicant's prior US visas, as applicable.

Tab C

DS-156E. Contact information must include an e-mail address.

Tab D

Cover letter describing company, position and beneficiary. This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual and US law. It should address the following in detail:

  • that the investor has invested or is actively in the process of investing, as per 9 FAM 41.51 N8 (to be documented in Tab F/6)
  • that the enterprise is currently running or will open its doors imminently, 9 FAM 41.51 N9 (to be documented in Tab G/7)
  • that the investment is substantial, 9 FAM 41.51 N10 (to be documented in Tag H/8)
  • that the investment is more than a marginal one solely for earning a living, 9 FAM 41.51 N11 (to be documented in Tab I/9)
  • that the applicant will fill an executive/supervisory role or possesses skills essential to the firm's operations, 9 FAM 41.51 N13 (to be documented in Tab K/11)

If the company has previously qualified for E visa status, please include the date and location of the initial qualification. Also, please include a paragraph concerning the applicant's unequivocal intent to depart US when E status ends.

Tab E

Proof of treaty country ownership and controlling interest in the enterprise. Articles of Incorporation, Secretary of State certificates, Minutes of Board of Directors' meetings showing who the officers are and the distribution of capital, and other documents of this nature may be included.

Tab F

Proof that funds have been invested or that the investor is actively in the process of investing as defined by 9 FAM 41.51 N8. It is important to provide proof of actual purchases and/or signed contracts and leases related to the enterprise, not just wire transfers to a US account.

Tab G

Proof that the enterprise is currently running or will open its doors imminently (see http://www.state.gov/documents/organization/87220.pdf).

Evidence can include client lists, letters from clients attesting to their involvement with the enterprise, signed contracts with clients, and photographs of the enterprise.

Tab H

Evidence that investment is substantial as defined by 9 FAM 41.51 N10.

Tab I

Evidence that enterprise is more than marginal as defined by 9 FAM 41.51 N11. An applicant is ineligible for E-2 status if the investment in the United States will only return enough income to provide a living for the applicant and his or her family- outside sources of income do NOT count.

Tab J

Applicant's resumé and, if an essential employee, evidence that employee has essential skills that the enterprise urgently needs, as well as the projected duration of this essentiality. You should include copies of relevant diplomas, job training certificates or letters from previous employers in this section. Please include an organizational chart. You may also wish to explain why the enterprise was unable to find a qualified US citizen or Legal Permanent Resident to fill the position.

Tab K

Business plan for the next five years, including projected expenses and profits. The plan must verify the capacity of the enterprise to realize a profit within a maximum of five years. **This is only a requirement for newly created enterprises or those in existence for 2 years or less. It is optional for those enterprises which have previously qualified in E status or which have been in existence in the United States for more than 2 years.**

Tab L

G-28 "Notice of Entry of Appearance as Attorney or Representative" (as appropriate), including contact e-mail address and phone number.

All written material should be submitted by mail (courier service preferred) to:

CONSULAR SECTION OFFICE OF VISA SERVICES
ATTENTION: TREATY VISA OFFICER
18, AVENUE GABRIEL
75008 PARIS, FRANCE