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Required Format for E-2 Visa Applications
Treaty Trader (E-1), Treaty Investor (E-2) Visas

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 E-2 investor applicant(s) and all E-2 dependent family member(s) do not need to submit form  DS-156E.  In lieu of form DS-156E, E-2 investor applicants must accurately complete the “E Visa” segment of form DS-160.

For E-2 essential employees and managers: Fully completed form DS-156E parts I, II and 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. 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.