Nonimmigrant Visas: Treaty Trader and Investor Required Formats

Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation, including France.

You must be coming to the United States to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country; develop and direct the operations of an enterprise in which you have invested a substantial amount of capital; or fill an executive/supervisory role or provide skills essential to the operations of a firm that qualifies as an E-1 or E-2 business.

How To Apply

  1. Complete Form DS-160 and upload photo(your photo must meet the photograph requirements).
  2. Create a user account and pay the visa fee.
  3. After following the steps above, you will be instructed to submit your application and supporting documents to the Embassy by email to ParisEVisaApplications@state.gov using one of the required formats (see below under Required Formats).*
  4. Wait for the Embassy to contact you via email to confirm that your file has been reviewed.* Applications are typically reviewed within 8-10 weeks.
  5. Schedule an interview appointment. Unless your company is registered under the Embassy’s “Golden Arrow” program, you must wait for your file to be reviewed before scheduling an appointment.
  6. Appear for your interview at the Embassy. See prohibited items.
  7. If issued, your passport, visa, and documents will be returned to you via La Poste.  Processing time is normally 3-5 business days after the interview.  However, processing times may vary and there is no guarantee that your visa will be ready within this time frame.  We urge travelers to apply as early as possible and to not make firm travel plans (e.g. purchase plane tickets, make non-refundable hotel reservations) before the visa has been received.

*Does not apply to Golden Arrow applicants

Required Formats

Required Format for E-1 Visa Applications

Applications must be sent as .PDF files, divided into sections clearly separated indicated by lettered or numbered tabs. You must restrict your application to 50 standard sized pages of information (excluding Tabs A-C and G-28), with a minimum type size of 10 point.  If you believe additional documents are required to support your application, you should bring them to the interview. Please note that, as a general rule, children under 14 do not need to come to the Embassy.

Tab A For principal applicant(s) and dependent family member(s): DS-160 confirmation page  generated by the online system, with suitable photo.
Tab B For principal applicant(s) and dependent family member(s): Photocopy of data (photo) page of passport (DO NOT SEND ANY PASSPORTS BY MAIL); copies of the marriage certificate and birth certificates for dependents, as appropriate.
Tab C Completed form DS-156E. Please fill out the form online. 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 trade is substantial, as defined in  9 FAM 402.9-5(C)(to be documented in Tab F)

·        – that the trade is occurring principally between the United States and the treaty country,   9 FAM 402.9-5(D)  to be documented in Tab G)

·        – that the applicant will fill an executive/supervisory role or possesses skills essential to the firm’s operations,  9 FAM 402.9-7 (to be documented in Tab H).

If the company has previously qualified for E visa status, please include the date 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.
Tab F Evidence of substantial trade as defined by 9 FAM 402.9-5 (C) Mandatory: You must include a detailed spreadsheet showing all of the company’s international transactions for a period of at least one year, the value of each transaction, and a list of trading partners. This spreadsheet may be sent in .xls format.
Tab G Evidence that trade is principally between the US and the treaty country. US Customs invoices and/or purchase receipts may be submitted here.
Tab H Applicant’s résumé, certifications and degrees, etc… 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. 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 I G-28 “Notice of Entry of Appearance as Attorney or Representative” (as appropriate), including contact e-mail address and phone number.

 

Required Format for E-2 Visa Applications

Applications must be sent as .PDF files, divided into sections clearly indicated by lettered or numbered tabs. You must restrict your application to 50 standard sized pages of information (excluding Tabs A-C and G-28).  If you believe additional documents are required to support your application, you can bring them to the interview. Please note that, as a general rule, children under 14 do not need to come to the Embassy.

Tab A For principal applicant(s) and dependent family member(s): DS-160 confirmation page generated by the online system, with a suitable photo.
Tab B For principal applicant(s) and dependent family member(s): Photocopy of data (photo) page of passport (DO NOT SEND ANY PASSPORTS BY MAIL); copies of the marriage certificate and birth certificates for dependents, as appropriate.
Tab C Completed form DS-156E. Please fill out the form online. 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,  per  9 FAM 402.9-6 (B) (to be documented in Tab F)

·         – that the enterprise is real and active, per 9 FAM 402. 9-6(C) (to be documented in Tab G)

·         – that the investment is substantial, per  9 FAM 402.9-6(D) (to be documented in Tab H)

·         – that the investment is more than a marginal one solely for earning a living, per  9 FAM 402.9-6(E) (to be documented in Tab I)

·         – that the applicant is in a position to develop and direct the operations, or will fill an executive/supervisory role or possesses skills essential to the firm’s operations,  per 9 FAM 402.6(F) – 9 FAM 402.9-7 (B) and (C)  (to be documented in Tab  J)

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.
Tab F Proof that funds have been invested or that the investor is actively in the process of investing as defined by 9 FAM 402.9-6(B). 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. Invoices and receipts should only be provided for substantial expenses.
Tab G Proof that the enterprise is a real and active commercial or entrepreneurial undertaking, producing some service or commodity.   Evidence can include sales receipts or invoices, client lists, letters from clients, signed contracts with clients, and photographs of the enterprise, etc.
Tab H Evidence that investment is substantial as defined by  9 FAM 402.9-6(D).
Tab I Evidence that enterprise is more than marginal as defined by  9 FAM 402.9-6 (E). 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 résumé, certifications and degrees, etc.,  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. 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.  Enterprises that have previously qualified in E status or that have been in existence in the United States for more than 2 years should submit the first 5 pages of their most recent tax return(s).**
Tab L G-28 “Notice of Entry of Appearance as Attorney or Representative” (as appropriate), including contact e-mail address and phone number.

GOLDEN ARROW PROGRAM

Employees of qualified program participants may apply for E-1 and E-2 visas using the Embassy’s standard submission procedures for all other non-immigrant visas.

At the time of the interview, applicants still need to bring a  a DS-156E   form Parts I, II and III, a detailed cover letter, as well as any information demonstrating their qualifications for the job, such as a curriculum vitae or resume, certifications and degrees as well as a valid passport, a DS-160 online application with photo (confirmation page with barcode) and a copy of the payment receipt.

 

  1. A – Requirements to apply for participation in the program:Company has been incorporated and doing business in the US for at least two years ; and
  2. Company and its U.S. affiliates have combined annual sales of more than US$10 million or have a U.S. work force of at least 500 employees; and
  3. Embassy Paris has approved visas for at least 5 “E” managers, executives, or specialized knowledge professionals during the past  12 months.

B – Procedure to apply for Golden Arrow status:

Submit the following documentation  byemail to  ParisEvisaapplications@state.gov:

  1.  A letter signed by the CFO stating the following:
  • Year and place of incorporation of the US enterprise.
  • Number of employees in the US and worldwide.
  • Gross sales of the US enterprise, gross revenues of the parent company and its affiliates.
  • That at least 50 percent of the US enterprise’s shares are directly or indirectly owned or controlled by French citizens.
  • Total assets of the U.S. enterprise.
  • Certification that the US enterprise is an active commercial operation.
  • For E-1 companies only: That over 50% of the total volume of the international trade conducted by the treaty trader regardless of location is between the United States and the treaty country. (9 FAM 402. 9-5 (D))
  1.  A fully completed Form DS-156E parts I and II, includingSection 14 “Type of Personnel in the United States” and Section 15 “List all personnel of U.S. business holding executive, managerial and/or specialist positions by subsidiary/branch office.  If aliens, indicate nonimmigrant visa status or lawful permanent resident (LPR) status.”

The Embassy will inform qualifying companies of their Golden Arrow status.

E-2 visa Renewals

Employees who are working for the same company through which they were originally issued the E-2 visa can submit a truncated application, as detailed below.  Applicants must first register and pay the application fee(s) through the online appointment system.

Tab A For principal applicant(s) and dependent family member(s): DS-160 confirmation page, generated by the online system, with a suitable photo.
Tab B For principal applicant(s) and dependent family member(s): Photocopy of data (photo) page of passport (DO NOT SEND ANY PASSPORTS BY MAIL), copies of birth and marriage certificates if the dependents are new applicants rather than renewals.
Tab C DS-156E, Parts I – III. Please fill out the form online. 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. Please include the date and location of the company’s most recent qualification for E status.
Tab  E Proof that the enterprise is still operating, including copies of the first five pages of the latest year’s US tax returns.
Tab F Ownership documentation showing that the company is still at least 50% owned by nationals of the treaty country as per 9 FAM 402.9-4 (B).
Tab  G Statement by the Human Resources Director that the employee is currently employed in the position described on the accompanying DS-156E form.   For essential employees, confirmation that such employee’s services are still essential to the enterprise.
Tab  H The applicant’s resumé or CV, certifications and degrees,etc…
Tab  I G-28 “Notice of Entry of Appearance as Attorney or Representative” (as appropriate), including contact e-mail address and phone number.

 

If a company has been approved for an E visa within the past 12 months, and now wishes to apply for an additional employee, the company can submit a truncated application, as detailed below. Please note that a full application must be submitted at least once a year.

Applicants must first register and pay the application fee(s) through the online appointment system.

Tab A For principal applicant(s) and dependent family member(s): DS-160 confirmation page, generated by the online system, with a suitable photo.
Tab B For principal applicant(s) and dependent family member(s): Photocopy of data (photo) page of passport, copies of birth and marriage certificates if the dependents are new applicants rather than renewals.
Tab C DS-156E, Parts I – III. Please fill out the form online. 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. Please include the date and location of the company’s most recent E visa approval.
Tab E Proof that the enterprise is still operating, including copies of latest year’s US tax returns and information about current income.
Tab F The applicant’s resumé or CV, certifications and degrees, etc…
Tab G G-28 “Notice of Entry of Appearance as Attorney or Representative” (as appropriate), including contact e-mail address and phone number.

 

  • If you are the legally married spouse or unmarried child under the age of 21 of an E visa holder, you may schedule your appointment for a derivative visa online. First register and pay the application fee(s), one for each applicant, using the online appointment system.  Then, schedule your interview in the MORNING SLOTS ONLY. Please do not send any documents or passports.
  • At the time of the interview, the following documents are required for each family member: a DS-160 confirmation page generated by the online system, passport, and photocopy of the principal applicant’s E visa. In addition, bring the marriage certificate (Acte de Marriage) or birth certificate (Acte de Naissance) to demonstrate proof of the relationship between the principal applicant and the derivative family members. All applicants above the age of 14 and under the age of 80 must appear at the embassy for a personal interview. Children under the age of 14 do not need to come to the Embassy.