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Treaty Traders & Investors (E-Visa)

E-1/E-2 - Treaty Trader/Investor Visa

!!! ATTENTION: Due to technical problems it is necessary for all E-1 and E-2 visa applicants to complete Form DS-156E !!!

!!! Important Information About “E-Visa Company Registration Number” !!!
Form DS-160 asks you to provide an “E-Visa Company Registration Number”. Since Frankfurt does NOT assign registration numbers to companies, please check the box “does not apply”.

The Immigration and Nationality Act provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital.

Visa Requirements

Treaty Trader (E-1 VISA)

  • The applicant must be a national of a treaty country
  • The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country
  • The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade
  • The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality
  • Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other
  • The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

Treaty Investor (E-2 VISA)

  • The investor, either a real or corporate person, must be a national of a treaty country
  • The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low- cost business enterprise must be higher than the percentage of investment in a high-cost enterprise
  • The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment
  • The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States
  • The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed
  • The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

E-1/ E-2 Visa Application Procedures

Applicants for treaty trader/treaty investor visas should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. However, in Germany, all applications for Treaty Trader (“E-1”) and Treaty Investor (“E-2”) visas must be made at the U.S. Consulate General in Frankfurt. Other posts in Germany do not process E-visa applications.

Does my application package have to be submitted in advance for review?

AN APPLICATION PACKAGE SHOULD BE SUBMITTED IN ADVANCE IF:

  • Companies applying for E1 or E2 Treaty Trader or Investor status for the first time
  • Companies renewing their registration with less than 25 employees in the United States. The application package should be submitted at least 3 months prior status expiration, which is determined by the expiration date on the E visa issued to the applicant who initially registered or re-registered the company.

E-Visa Team will contact the company or applicant when the package has been reviewed and will arrange an interview appointment suitable to both parties. This review may take 3-4 weeks. Please do not schedule an appointment unless advised by E-Visa Team! All visa applicants must appear in person for an interview, except those under 14 years of age.

AN APPLICATION PACKAGE SHOULD NOT BE SUBMITTED IN ADVANCE IF:

  • Companies are already registered with the Consulate in Frankfurt and in current E-visa status
  • Companies renewing their registration with 25 or more employees in the United States

In these cases, the applicant may schedule an appointment through our Visa Information Service.

Required Documentation

Required Documents To Be Submitted For Applicants Of Companies Already Qualified For E-Visa Status And Their Dependents At The Interview Appointment:

FOR EMPLOYEE AND EACH FAMILY MEMBER:

  • Passport;
  • One photograph ([Step 2]);
  • Non-immigrant Visa Application Form DS-160 ([Step 3]);
  • MRV application fee receipt ([Step 5]). Additional visa issuance fees may apply. At the time of your formal application, you will be informed of any extra fee due;
  • A spouse whose surname (as shown in the passport) differs from the surname of the employee should submit a copy of his or her marriage certificate;
  • Birth certificates should be submitted for children whose surnames differ from those of their parents (i.e. from previous marriage, etc.).
  • [Step 6: Gather Supporting Documentation]

EMPLOYEE ONLY:

  • Supplement Form DS-156E, "Part III - Applicant” (http://www.state.gov/documents/organization/79963.pdf);
  • Curriculum vitae or resume;
  • Detailed job description;
  • An organizational chart of U.S. operations to indicate whom the employee manages/supervises and to whom he reports;
  • A letter from the employer giving the number of other recipients of E-1 or E-2 visas from the same firm who are in the U.S. and their positions in the company; and the number of U.S. nationals employed by the firm and their positions in the company.

Please do not send these documents in advance. The applicant will need to present these documents at his/her interview.

Checklist For E-1 Treaty Trader Visa Application Procedures For First-Time Registration In Frankfurt

For expedited processing of your E-1 visa application, please use the following guidelines for organizing your application using Tabs.

Tab 1 a

  • A current photograph complying with U.S. visa photo requirements ([Step 2]).
  • Non-immigrant Visa Application Form DS-160 ([Step 3])
  • MRV application fee receipt. ([Step 5]). Additional visa issuance fees may apply. At the time of your formal application, you will be informed of any extra fee due;
  • A photocopy of the principal applicant’s passport

Tab 1 b
A completed Form DS-156E (http://www.state.gov/documents/organization/79963.pdf) on behalf of the principal applicant with Form G-28 (as appropriate). Contact information must include an e-mail address, and all questions must be answered fully.

Tab 1 c
A cover letter describing the enterprise, the beneficiary. The letter must address how the enterprise and employee meet the E-1 visa requirements.

Tab 2 a
A business plan for the next 5 years also tax returns for the past 3 years if an existing enterprise.

Tab 2 b
Evidence of company ownership and incorporation, (Articles of Inc.).

Tab 2 c
Evidence of the trade, activities, and substantiality, and that the trade is principally between the treaty country and the U.S., if multinational.

Tab 3 a
Evidence of ongoing trade: Monthly summaries, invoices, shipping receipts, custom clearances, warehouse receipts, contracts, sales receipts, other.

Tab 3 b
Purchase contract for office/ property or lease agreement.

Tab 4
Demonstrate the applicant, if an employee, is destined to an Executive/Supervisory position (if company can prove it is maintaining E-visa status include organizational chart) or possesses skills essential to the firm’s operations in the United States.

Upon receipt of all required documentation, we will review the case. Once the application is complete, E-Visa Team will contact you or your lawyer to arrange an interview appointment. Please note that an interview is not an indication that the company will meet the criteria for E-visa status.

Checklist E-2 Treaty Investor Visa Application Procedures For A First-Time Registration In Frankfurt

For expedited processing of your E-2 visa application, please use the following guidelines for organizing your application using Tabs.

Tab 1 a

  • A current photograph complying with U.S. visa photo requirements ([Step 2])
  • Non-immigrant Visa Application Form DS-160 ([Step 3])
  • MRV application fee receipt. ([Step 5]). Additional visa issuance fees may apply. At the time of your formal application, you will be informed of any extra fee due;
  • A photocopy of the principal applicant’s passport

Tab 1 b
A completed Form DS-156E (http://www.state.gov/documents/organization/79963.pdf) on behalf of the principal applicant with Form G-28 (as appropriate). Contact information must include an e-mail address, and all questions must be answered fully.

Tab 1 c
A cover letter, describing the enterprise and the beneficiary. The letter must address how the enterprise and employee meet the E-2 visa requirements.

Tab 2 a
A business plan for the next 5 years and also tax returns for the past 3 years if an existing enterprise.

Tab 2 b
Evidence of company, ownership and incorporation, (Articles of Inc.)

Tab 2 c
Demonstrate the applicant has invested or is in the process of investing, such as, contracts, promissory notes, leases, purchase contracts, bank statements, etc.

Tab 3 a
Demonstrate the enterprise is a real and operating commercial enterprise, such as, annual income statements, catalogs, business invoices and corresponding bank, receipts, purchases, employees, etc.

Tab 3 b
Demonstrate the applicant’s investment is substantial and proportionate to the value of the enterprise. Start up costs must be identified; Demonstrate the investment is more than a marginal one solely for earning a living.

Tab 4
Demonstrate the applicant, if an employee, is destined to an Executive/Supervisory position (if company can prove it is maintaining E-visa status include organizational chart) or possesses skills essential to the firm’s operations in the United States.

Upon receipt of all required documentation, we will review the case. Once the application is complete, E-Visa Team will contact you or your lawyer to arrange an interview appointment. Please note that an interview is not an indication that the company will meet the criteria for E-visa status.

Application Procedures For A Re-Registration In Frankfurt

In the event the enterprise previously qualified for E-visa status, (re-registration takes place every 5 years) please observe the following:

If a company has more than 25 employees in the U.S., no documents must be submitted in advance. The applicant may schedule an appointment with our Visa Information Service and present the latest annual report or tax returns and all three pages of the form DS-156E at his/her interview.

If a company has less than 25 employees in the U.S., a complete new E-visa application package must be submitted (like a first time registration) by mail, with Corporate Income Tax Returns from the last 3 years, organizational chart, latest W-2 statements (if applicable) and a business plan for the coming 5 years.

Note: All submitted documents must be in English language!
Any changes within a company must be reported to us!

Additional Documentation

An applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law. An applicant may also be asked to provide evidence, which illustrates that the stay in the U.S. will be temporary. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

E-Visa Processing Times

After receipt of an E-visa application submitted by a company applying for E1 or E2 Treaty Trader or Investor status for the first time or renewing their E- visa registration, the E-Visa team will review the application and will arrange an interview appointment suitable to both parties.

This review may take 3-4 weeks.

Family Members

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E-visas in order to accompany the principal alien. Spouses of E-visa holders may apply for a work authorization in the United States.

Time Limits

Holders of E-visas may reside in the United States as long as they continue to maintain their status with the enterprise.