E VISAS: FOREIGN NATIONALS ENGAGED IN INTERNATIONAL TRADE OR INVESTMENT

INTERNATIONAL TRADE OR INVESTMENT FOR FOREIGN NATIONALS

The E category visas are designed for foreign nationals partaking in international trade or investment. These visas allow nonimmigrant workers involved in trade or investment activities between the U.S. and their home country to temporarily come to the U.S. provided there is an appropriate treaty relationship between the U.S. and the foreign country.

To qualify as a treaty country, a foreign state must have a qualifying Treaty of Friendship, Commerce, or Navigation or an equivalent agreement with the U.S. A complete list of treaty countries can be found on the U.S. Department of State's Treaty Countries webpage.

E-1 Visa (Treaty Trader)

The E-1 visa is suitable for foreign nationals who enter the United States to partake in substantial trade between the U.S. and their country of residence.

Requirements:

• The applicant must be a national of a treaty country.
• The trading firm the applicant represents must have the nationality of the treaty country.
• The international trade conducted must be "substantial," meaning it involves a significant and ongoing volume of trade.
• The trade must primarily be between the U.S. and the treaty country, with more than 50% of the international trade involving the applicant's country of nationality.
• Trade refers to the exchange of goods, services, and technology, with ownership of the traded items transferring between the parties.
• The applicant must hold a supervisory or executive position or possess highly specialized skills that are crucial for the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

E-2 Visa (Treaty Investor)

The E-2 visa is appropriate for nationals of a treaty country who intend to invest a significant amount of capital in a U.S. business.

Requirements:

• The applicant must hold the nationality of a treaty country.
• The applicant must have invested, or be actively investing, a substantial amount of capital in a genuine enterprise in the United States.
• The purpose of entering the U.S. must be solely to direct the investment, with the investor either owning at least 50% of the enterprise or having operational control through a managerial position.

E Category Family Visas:

Spouses and unmarried children under 21 years of age, regardless of nationality, are eligible to receive derivative E visas to accompany or join the principal visa holder in the U.S. The spouse of an E visa holder can apply for employment authorization from the Department of Homeland Security. However, dependent children of an E visa holder are not authorized to work in the U.S.

E Visa Application Procedures:

If the prospective E visa applicant is already in the U.S. under a different lawful nonimmigrant status, either the worker or the employer can file Form I-129 on behalf of the candidate.

For prospective applicants abroad, they should contact the local U.S. embassy or consulate for more information on the E Visa application process. As part of the visa application, an interview at the consular section of the embassy is required for applicants aged 14 to 79, with some exceptions. It is recommended to apply for the visa early due to potential waiting times for interview appointments.

E Visa Required Documentation:

Each Treaty Trader (E-1) visa applicant must submit the following forms and documentation:

• Online Nonimmigrant Visa Electronic Application, Form DS-160.
• Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E, completed and signed.
• A valid passport with a validity date at least six months beyond the intended period of stay in the U.S.
• One (1) 2×2 photograph that adheres to the requirements specified by the U.S. Department of State's Nonimmigrant Visa Photograph Requirements.

Each Treaty Investor (E-2) visa applicant must submit the following forms and documentation:

• Online Nonimmigrant Visa Electronic Application, Form DS-160.
• Nonimmigrant Treaty Trader/Treaty Investor Application, Form DS-156E, completed and signed (if applicable to an Executive/Manager/Essential employee).
• A valid passport with a validity date at least six months beyond the intended period of stay in the U.S.
• One (1) 2×2 photograph that meets the required photo format explained in the U.S. Department of State's Nonimmigrant Visa Photograph Requirements.

Additional Documentation:

Applicants for Treaty Trader (E-1) or Treaty Investor (E-2) visas may be required to provide additional documentation to establish compliance with the legal requirements and eligibility for the E visa classification. The consular officer may provide special forms for this purpose and request further documentation depending on the individual circumstances of each applicant.

E-2 VISA INVESTOR CHECKLIST:

To prepare an E-2 petition, the following information and documents are required:

• Full legal name and complete contact information of the U.S. company.
• Main address of the business/place of work and the address where the applicant will work.
• Federal tax ID number for the U.S. company.
• Year the U.S. company was founded.
• Gross and net annual income for the U.S. company.
• Total number of employees, specifying nationals of treaty countries on E, H, and L visas, U.S. citizens and legal permanent residents, and other third-country nationals categorized by job positions.
• Full legal name and contact information of the foreign parent (if applicable).
• Job title and description of proposed duties for the U.S. company.
• Proposed annual salary.
• Complete names, addresses, dates of birth, and countries of birth of the spouse and any dependent children, indicating if they will be traveling with the applicant.
• Name, address, telephone, and fax number of the current employer.
• Job title, brief job description, salary, and original start date of the current position.
• Name, address, telephone, and fax number of the current residence.
• List of all instances of refused U.S. visas, including the date, location of referral, and type of visa.
• List of all other names used, including maiden, religious, professional, and aliases.
• National identification number (if applicable).
• Address of the intended stay in the U.S.
• Name, phone number, email, and current address of a contact person in the U.S.
• Current address abroad.

BIOGRAPHIC DOCUMENTS:

• Complete copy of current and expired passports.
• Copies of all U.S. visa documents, including I-797 approval notices, I-20s, and DS-2019s.
• Curriculum vitae (CV).
• Copies of diplomas for college or university education.

BUSINESS-RELATED DOCUMENTS:

• Documentation establishing the establishment of the business in the U.S. as a real and operational enterprise.
• Valid signed and dated purchase agreement (if applicable).
• Binding escrow agreement (if applicable).
• FEIN registration confirmation.
• Articles of incorporation, partnership agreement, and relevant local, state, and federal licenses applicable to the business.
• Brochures, annual reports, websites, catalogs, sales literature, etc., as applicable to the business.
• Latest federal tax return (if available).
• Payroll records, IRS Form 941, and/or evidence of other personal assets and income, as applicable.
• Copies of business bank statements for the previous calendar year.

SOURCE OF FUNDS DOCUMENTS:

• Documentary evidence of the original source(s) of the invested funds, including documentation for each source in the case of multiple sources.

Personal Savings:

• Selection of bank account statements demonstrating the gradual deposit and accumulation of funds over time.
• Pay statements or an employer letter providing evidence that the funds were obtained through lawful employment.
• If there were any transfers between accounts, include all statements documenting these transactions.
• Bank transfers and statements displaying the transfer of funds to the United States.

Sale of Real Estate:

• Title or mortgage paperwork indicating ownership of the property.
• Closing documents specifying the net income obtained from the sale.
• Bank statements showing the deposit of the net income into the investor's account.
• Bank transfers and statements revealing the path of funds to the United States.

Gift:

• An affidavit or other written evidence describing the nature of the gift (consult with your paralegal for an affidavit template).
• Bank statements demonstrating the arrival of the gift in the investor's bank account.
• Bank transfers and statements illustrating the path of funds to the United States.

Personal Loan:

• Personal loan agreement guaranteed by the investor's signature.
• Bank statement providing evidence of the loan amount deposited into the investor's account.
• Bank transfers and statements indicating the path of funds to the United States.

Investment Income:

• Initial account statement for brokerage or other investment accounts, demonstrating the principal investment.
• Selection of statements demonstrating the appreciation of investments over time.
• Pay statements, employer letters, or other evidence verifying the lawful source of the principal investment.
• Statements showing any trades or transfers of funds.
• Statements indicating the withdrawal from the brokerage account and subsequent deposit into the investor's account.
• Bank transfers or receipts indicating the path of funds to the United States.

INVESTMENT DOCUMENTS:

• Bank account statements, credit card statements, and/or receipts demonstrating the utilization of funds for business-related expenses, such as office supplies, equipment, utilities, rent, insurance, travel, attorneys, accountants, etc.
• If a part of the investment is intended to remain as "working capital" for future expenses, provide a current bank statement displaying the funds in the business bank account.