Treaty Investor Visa (E-2)

Applications must be submitted in a hard-back binder with tabs dividing sections clearly. If you use plastic sheathes to protect documents, please do not place more than one piece of paper inside each one; otherwise, you will significantly lengthen the time it takes us to examine your case. Do not include multiple copies of any document.

Tab A (Table of Contents)

Cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-2 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51), require the applicant to show:

• that the requisite treaty exists (see N4);
• that the individual and/or business possesses the nationality of the treaty country (see N3);
• the applicant has invested or is in the process of investing (see N4);
• the enterprise is a real and operating commercial enterprise (see N9);
• the applicant's investment is substantial (see N10);
• the investment is more than a marginal one solely for earning a living (see N11);
• the applicant is in a position to develop and direct the enterprise (see N12);
• the applicant, if an employee, is destined to an exective/supervisory position or possess skills essential to the firm's operations in the United States (see N14); and
• the applicant intends to depart the United States when the E-2 status terminates (see N15).

Tab B (Forms)

• Completed, dated, and signed DS-156 (with photograph attached), DS-157 (for men between the ages of 16 and 45), and DS-156E (parts 1, 2, and 3). Contact information provided on the DS-156 must include an e-mail address.



• Credit Card Payment Form for payment of application fee ($131).



• If you will be represented in this matter by an attorney, you must submit form G-28 "Notice of Entry of Appearance of Attorney as Representative" and should include contact e-mail address and phone number for the attorney. If your representative is not an attorney, please submit a letter of agreement between the investor and the representative signed by both parties.



• If the applicant is not an investor but an employee, please include a job letter from the company. This letter should describe:
  • the business;
  • the job the applicant will do;
  and
  • his or her qualifications for that job.

Tab C (Applicant Information)

• A color photocopy of the bio data page of the principal applicant's passport and similar copies of any US visas, US entry/exit stamps, and I-94's.



• A copy of any changes or extensions of status granted by USCIS (Form I-797).



• Evidence of the applicant's ongoing residency in the UK (including, as appropriate, a copy of the current lease or mortgage for the applicant's primary residence in the UK; the applicant's most recent UK pay stub; the most recent school transcript for each child between the ages of 5 and 18 inclusive).



• A resume or curriculum vitae of the principal applicant.



• Signed statement of intent to depart the US upon termination of status.

Tab D (Ownership)

• Articles of Incorporation (for corporations) or Organization (for LLC's) for US business.



• Share certificates and/or operating agreement (as applicable) to verify ownership.



• If you have a large company with several owners or subsidiaries or if the chain of ownership includes intermediary entities, please also submit the following:
• An organogram of the full ownership structure;
• Legal evidence of instances of ownership within that chain;
• Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company.



• If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
• A copy of the most recent Annual Report;
• The Companies House Report;
• An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the London Stock Exchange;
• A copy of the most recent trading information on the stock.

Tab E (Investment)

• A complete money trail of the funds invested, including:
• Documentation of the original source of the funds (sale of property, inheritance, loans, earnings, sale of business, etc.)
• Movement of these funds to a U.S. account;
• Use of these funds for qualifying business expenses. Please include invoices, cancelled checks, and bank statements showing matching debits (highlighted).



• If you are buying an existing business, please provide all of the following that apply in your case:
• A signed, dated, valid purchase agreement
• A binding escrow agreement (see 9 FAM 41.51 N8.103 for guidelines) that explicitly says where the money goes if the visa is issued, what happens when it does not, and is signed and dated by all parties. Please cross-reference exactly any relevant purchase agreement.
• Signed, dated, valid lease for business premises, including evidence of payments.
• Evidence of any other funds spent to acquire and set up the business



• If you are establishing a start-up, please provide all of the following that apply:
• Signed, dated, valid lease for business premises, including evidence of payments;
• Evidence of equipment and/or inventory purchases.



• If you are purchasing a franchise, please provide:
• a signed and dated franchise agreement;
• evidence of payment of the franchise fee.



• Investment spreadsheet. Evidence of investment is required, e.g., copies of debits from bank accounts, checks, invoices.

Tab F (Real and Operating)

• Relevant local, state and/or federal licenses



• Monthly bank statements for current calendar year.




Tab G (Marginality)

• US tax returns for business for the past three years. Taxes must include all statements and schedules. These must be copies of the signed and dated forms actually submitted to the IRS.



• All W-2 and/or 1099s for the last two tax years.



• Profit and loss statements for the current and previous calendar years.



• Start-up Business should also provide:
• A business plan that analyzes the local market and competition and gives a 5-year projection of profit and loss. Projections must be backed up by external sources.
• A breakdown of start-up costs necessary for the business to become operational.

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