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Renewal of Treaty Investor Visa
 

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 (PDF format - 67.4 KB) may be provided, if needed, to strengthen your case.

Tab A (Table of Contents)

  • Table of Contents
  • Cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-2 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51) (PDF - 156kb), require the applicant to show:

    • that the requisite treaty exists (see N4);
    • that the individual and/or business possesses the nationality of the treaty country (see N3);
    • the applicant has invested or is in the process of investing (see N4);
    • the enterprise is real and operating commercial enterprise (see N9);
    • the applicant's investment is substantial (see N10);
    • the investment is more than a marginal one solely for earning a living (see N11);
    • the applicant is in a position to develop and direct the enterprise (see N12);
    • the applicant, of an employee, is destined to an executive/supervisory position or possess skills essential to the firm's operations in the United States (see N14); and
    • the applicant intends to depart the United States when the E-2 status terminates (see N15).

Tab B (Forms) 

  • The confirmation sheet of the DS-160 (applicants are required to complete the online electronic visa application form DS-160 and submit the confirmation sheet with their application) and form DS-156E (PDF - 234kb) (parts 1, 2, and 3). Contact information provided on the DS-160 must include an e-mail address.  
  • Please submit a letter of agreement between the investor and the legal representative signed by both parties and include contact email 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. Please also provide a copy of the I-94 for all applicants.
  • 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:
    • A copy of the most recent Annual Report;
    • A copy of the most recent trading information on the stock.
  • Explain and document any changes of ownership since last issuance.

Tab E (Investment)

  • If you operate the same business for which you were last approved, submit evidence of major new investment (if any) in the business.
  • If you placed funds in escrow for the initial purchase of your business and this is your first renewal, submit all closing documents and direct evidence (cancelled checks and corresponding debits from bank statements) that the money was disbursed to the seller.
  • If you took out a promissory note, submit proof of regular payments.
  • If you no longer operate the business for which you were approved, you must submit all the documents required of first-time investors.
  • If you have purchased any additional businesses, provide the purchase agreements and closing documents.

Tab F (Real and Operating)

  • Relevant local, state and/or federal licenses
  • Monthly bank statements for the last twelve months for business.

Tab G (Marginality)

  • US tax returns for business for each year since last issuance of the E-2 visa. Taxes must include all statements and schedules. These must be copies of the signed and dated forms actually submitted to the IRS.
  • All W-2 and/or 1099s for the last tax year.
  • Profit and loss statements for the current calendar year.

 

All About E(s)