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Treaty Trader Visa (E-1)
 

Applications should be submitted in a two or three ringed hard-back binder with tabs dividing sections clearly. If you use plastic sheathes to protect documents, please do not place more than one piece of paper inside each one; otherwise, you will significantly lengthen the time it takes us to examine your case. Do not include multiple copies of any document.  The tabs listed below indicate the minimum requirements. Additional documents may be provided, if needed, to strengthen your case.

Tab A (Table of Contents)

  1.  
    1. That the requisite treaty exists (see N4);
    2. That the individual and/or business possesses the nationality of the treaty country (see N3);
    3. That the activities constitute trade within the meaning of the Immigration and Nationality Act, section 101 (a) (15) (E) (see N4);
    4. That the trade is substantial;
    5. That the trade is principally between the United States and the treaty country (see N6);
    6. That the applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operation in the United States;(see N13) and
    7. That the applicant intends to depart the United States when the E-1 status terminates (see N14).

Please cover requirements 3, 4 and 5 in some detail.

  • Confirmation sheet of the DS-160 and the DS-156E (PDF - 234kb) (parts 1, 2, and 3). Applicants are required to complete the online electronic visa application form DS-160 and submit with their application the confirmation sheet.  Contact information provided on the DS-156E must include an e-mail address.

Tab B (Forms) 

  • Completed, dated, and signed
  • Please submit a letter of agreement between the investor and the legal representative signed by both parties and include contact e-mail address and phone number; 
  • If the applicant is not an investor but an employee, please include here a job letter from the company. This letter should describe:
  • the business;
  • the job the applicant will do; and
  • his or her qualifications for that job.

Tab C (Applicant Information)

  • A color photocopy of the bio data page of the principal applicant's passport and similar copies of any US visas, US entry/exit stamps, and I-94's.
  • A copy of any changes or extensions of status granted by USCIS (Form I-797).
  • A resume or curriculum vitae of the principal applicant.
  • Signed statement of intent to depart the US upon termination of status.

Tab D (Ownership)

  • Articles of Incorporation (for corporations) or Organization (for LLC's) for US business.
  • Share certificates and/or operating agreement (as applicable) to verify ownership.
  • If you have a large company with several owners or subsidiaries or if the chain of ownership includes intermediary entities, please also submit the following:
  • An organizational chart of the full ownership structure;
  • Legal evidence of instances of ownership within that chain;
  • Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company.
  • If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
  1.  
    1. A copy of the most recent Annual Report;
    2. A copy of the most recent trading information on the stock.

Tab E (Trade)

  • Provide a spreadsheet listing every qualifying transaction of international trade between the treaty countries during the last calendar year. If there is a US entity with separate legal status (such as an incorporated company or a LLC), all figures should refer to its trade. Otherwise, consider the trade of the Mexican company. This table should include the date, the invoice number, and the dollar value of the transaction. Show in a prominent place the total number and value of these transactions.
  • Provide copies of all the invoices summarized in the table.
  • Provide copies of all air bills or shipping invoices proving that the goods or services moved from one country to the other.
  • Calculate the percentage of international trade represented by the US-Mexico trade documented above. This is not the percentage of total trade but the percentage of total international trade undertaken by the treaty investor business.
  • Provide the most recent US tax returns (for a US entity) or Tax Declaration (for a Mexican entity). US tax forms must be copies of the signed and dated forms actually submitted to the IRS.