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 | DS-156 nonimmigrant visa application, one 5X5 cm photograph and DS-157, if appropriate. The Mandat-Compte receipt for the application fee should be stapled to the back of the DS-156 application form. |
Tab B | 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 (http://www.foia.state.gov/masterdocs/09fam/0941051N.pdf) and US law. It should address the following in detail:
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 (see http://www.foia.state.gov/masterdocs/09fam/0941051N.pdf). 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.foia.state.gov/masterdocs/09fam/0941051N.pdf). |
Tab H | Evidence that investment is substantial as defined by 9 FAM 41.51 N10 (see www.foia.state.gov/masterdocs/09fam/0941051N.pdf). |
Tab I | Evidence that enterprise is more than marginal as defined by 9 FAM 41.51 N11 (see www.foia.state.gov/masterdocs/09fam/0941051N.pdf). 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. |