Renewal of Treaty Investor Visa (E-2)

Applications should 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 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, of an employee, is destined to an exective/supervisory posititon or possess skills esential 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 here 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. Please also provide a copy of the I-94 for all applicants.



• 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.



• Explain and document any changes of ownership since last issuance.

Tab E (Investment)

Tab F (Real and Operating)

Tab G (Marginality)

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