E Visa or E2 Treaty Investor Visa
Who May File for Change of Status to E-2 Classification
If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.
How to Obtain E-2 Classification if Outside the United States
A request for E-2 classification may not be made on Form I-129 if the person being filed for is physically outside the United States. Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 nonimmigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 nonimmigrant.
To qualify for E-2 classification, you must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
The following are general documents necessary to establish the existence of the qualifying company that will form the basis of an E visa:
Documents Needed from the company
- Articles of Incorporation.
- Stock Certificate showing ownership of the company.
- Business location Lease Agreement or title to property.
- Bank letter indicating establishment of account in the corporate name as well as existence of funds in corporate account from the investor.
- Evidence of investment by E-2 investor into the corporate bank account through wire transfers, copies of checks, deposit records, etc. from personal account or funds of investor.
- Invoices for business fixtures or inventory purchases.
- Invoices, contracts, purchase orders, U.S. customs invoices or similar proof of activity.
- Deposit receipts for electric, phones, lease agreements, etc.
- Copies of any loan agreements.
- Promotional material/advertisements.
- Federal Employer Identification Tax Number Application and Assignment.
- Business plan (if starting a new business).
- Insurance Policies (if applicable).
- Blank Company Letterhead.
Documents Needed from Applicant
- Resume of the investor
- Copy of passport (also for the family members)
- I-94 card (if applicable).
- Most recent personal financial statement.
- Two passport photographs for investor and family members
E-VISA DOCUMENT/INFORMATION CHECKLIST
Description: The E visa checklist is given to the client to help collect documents/information needed to evaluate the case and/or to submit in support of the E visa application.
Advantages: The checklist helps the client organize and gather the appropriate documents. It also helps the attorney track what has been received and is still missing from the client. The same list is given to the employer/investor/treaty trader and/or the employee to be transferred.
INFORMATION ABOUT U.S. OPERATIONS:
- Copies of passports of all shareholders from the company;
- Articles of Incorporation and Certificate of Incorporation from state;
- Bylaws or Operating Agreement;
- Stock/Share Certificates;
- Certificate of Officers;
- Partnership Agreement or Joint Venture Agreement, if applicable;
- Receipts for equipment, supplies;
- Bank account statements showing capitalization;
- Loan agreements, if any;
- Copies of advertisements, press releases, etc., about new office;
- Trade references;
- Licenses, if required, for type of business;
- Copies of telephone bills re: international calls to treaty country;
- Sample contracts with customers/clients; invoices re transactions;
- Letters of credit, if applicable;
- 5 Year Business Plan re: projected revenues, costs, staffing, capitalization requirements, description of foreign and U.S. business models, and activities, etc., ;
- Letters from chambers of commerce, trade commissioners, home office re amount of initial investment as “substantial” and/or reasonable for start up of this type of business;
- Lease or deed to office/facility space;
- Trade or professional association memberships;
- Award, certificates, if applicable;
- Public Relation releases;
- Marketing brochures/firm resume;
- Photos of facilities, products, services, etc.;
- Organizational chart re: employees; projected organization;
- Customer/supplier list;
- Relevant patents, trademarks, copyrights, if any;
- Statistics re: volume and amount of trade between U.S. and treaty country (past performance and projected) (if new U.S. operations, these statics may be included in U.S. Operation’s Business Plan);
- Annual Report and/or Corporate Tax Returns for past several years;
- Corporate Financial Reports/Statements (audited or unaudited), including Balance Sheet, Profit & Loss Statements, Income Statements, etc.
INFORMATION ABOUT RELATED OPERATIONS ABROAD
- Copies of passports of all shareholders of the company;
- Articles of Incorporation and Certificate of Incorporation from the Treaty Country;
- Bylaws or Operating Agreement;
- Stock/Share Certificates;
- Certificate of Officers;
- Partnership Agreement or Joint Venture Agreement, if applicable;
- Copies of advertisements, press releases, etc., about organization;
- Trade references;
- Licenses, if required, for type of business;
- Sample contracts with customers/clients;
- Invoices re transactions;
- Lease or deed to office/facility space under organization’s legal business name;
- Trade or professional association memberships;
- Award, certificates;
- Public Relation releases;
- Marketing brochures/firm resume;
- Photos of facilities, products, etc.;
- Organizational chart re: employees, if available;
- Customer/supplier list;
- Relevant patents, trademarks, copyrights, if any;
- Statistics re: volume and amount of trade between U.S. and treaty country (past performance and projected) (if new U.S. operations, these statics may be included in U.S. Operation’s Business Plan);
- Annual Report and/or Corporate Tax Returns for past several years;
- Corporate Financial Reports (audited or unaudited), including Balance Sheet, Profit & Loss Statements, Income Statements, etc.
INFORMATION ABOUT PROPOSED FOREIGN NATIONAL’S POSITION
- Job description (Highlight managerial or executive functions or special or unique duties or those functions that are required to “direct and develop” the investment);
- Minimum requirements to perform the job.
INFORMATION ABOUT FOREIGN NATIONAL
- Resume/Curriculum Vitae;
- Copies of diplomas, degrees, and relevant transcripts, if applicable;
- Verification of relevant employment in U.S. and abroad: Exact dates of hire; job title; job duties, location within organization, number, type of employees supervised. Optional: info about employer, recommendation about alien’s performance;
- Membership in trade or professional societies;
- Awards or commendations received;
- Number and type of employees supervised before and in future.
GENERAL INFORMATION
All documents in a foreign language must be translated verbatim. The translator must certify under oath that the translator is competent to translate into English. Notarized translations are preferred.
Original documents are preferred, but may not be ultimately submitted to the government. Attorneys may certify copies of originals.
