Our law firm processes E-2 visa applications to the United States for investors seeking to do business in the US and move to the US with their families.
Requirements for the E-2 treaty investor visa to the US
- Completed Non-immigrant Treaty Trader/Investor Visa Application, Form DS-156E (Part I – Business profile, and Part II – Staff).
- For companies incorporated in the US, please show the certificate/articles of incorporation, certificate of shares issued to shareholders, business license, and lease contracts.
- In all cases, a formal CPA letter must be submitted indicating the nature of the company (branch, subsidiary, or partnership), structure, ownership distribution, and the nationality of shareholders.
- To prove that an investment was made for the E-2 visa to the US, please submit a check or a bank transaction showing an investment of funds into the business by the individual or the entity requesting treaty investor status. Funds must be shown to have exchanged hands directly between the investor and the business.
- To demonstrate the enterprise is a natural and operating commercial enterprise, including the following documents in the E-2 visa application:
- Company’s business plan for the next five years
- Contracts with various businesses
- Most recent audited financial statements
- Accounts receivable and accounts payable ledgers
- The most recent annual report
- Most recent US tax return
- Bank records
- Catalogs
- News articles
- Receipts for the purchases of business equipment or inventory
- Office lease
- Other documents tend to show the enterprise is producing some service or commodity.
- Demonstrate the investment is substantial and proportionate to the value of the enterprise. For new businesses, start-up costs must be identified. Applicants must demonstrate that the costs identified are the reasonable and actual costs necessary to establish a similarly situated business to the point of being operational. The investment should be substantial, and the enterprise should be real and operating commercially. To demonstrate that the investment is more than a marginal one solely for earning a living, please submit evidence, such as W-2s or 1099 forms, that the company employs US citizens, legal US permanent residents, or other lawful workers. For start-ups, include a copy of the company’s most recent audited annual financial report and balance sheet.
- DS-160 application form (CEAC). Pay the E visa fee through the visa website and submit the payment confirmation for our attention.
- The passport picture (5cm x 5cm) was taken on a white background.
- DS-156 E (Part 3).
- Employee’s CV (curriculum vitae).
- A formal letter on company letterhead explains why the employee must be in the US and describes their responsibilities.
- Photocopy of the employee’s passport – biographic page.
- Spousal application – E-2 visa to the US. Please submit the following documents on behalf of each member of the family:
1) DS-160 application form (CEAC),
2) the E visa fee confirmation receipt (see above),
3) passport picture (5cm x 5cm) – taken on a white background, and
4) a photocopy of the applicant’s passport – biographic page.
Contact us for aid and legal advice
The changes make the immigration and visa process to the United States more complicated. Thus, contacting an attorney before proceeding with any plans to move or work in the US is highly recommended. Schedule a consultation with a US immigration lawyer at Cohen Brosh’s office.