E1 Application Requirements

Treaty Trader Visa (E-1)

Applications should be submitted in a 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.

Please include a table of contents at the front of the binder.

Tab A (Introduction Letter)

Cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-1 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51), require the applicant to show:

• that the requisite treaty exists (see N4 of 9 FAM 41.51);
• that the individual and/or business possesses the nationality of the treaty country (see N3);
• that the activities constitute trade within the meaning of the Immigration and Nationality Act, section 101 (a) (15) (E) (see N4);
• that the trade is substantial;
• that the trade is principally between the United States and the treaty country (see N6);
• 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) 

Tab B (Forms)

• Confirmation Sheet of the completed Electronic Visa Application Form DS-160 and DS-156E (parts 1, 2, and 3). Contact information provided on the DS-160 must include an e-mail address.
• Receipt showing payment of the world-wide non-refundable application fee. This fee can only be paid online or at any Australia Post outlet.
• A three (3) kilogram Platinum Express Post envelope from Australia Post for the return of documents.
• If you will be represented in this matter by an attorney, you must submit form G-28 "Notice of Entry of Appearance of Attorney as Representative" and should include contact e-mail address and phone number for the attorney. If your representative is not an attorney, please submit a letter of agreement between the investor and the representative signed by both parties.
• 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.

• 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 organogram 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:
  • A copy of the most recent Annual Report;
  • The Companies House Report;
  • An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the Australian Stock Exchange;
• A copy of the most recent trading information on the stock.

• 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 Australian 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-Australia 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 annual report (for an Australian entity). US tax forms must be copies of the signed and dated forms actually submitted to the IRS.