Requirements for an E-2 Investor Visa to the US 

At our law firm we process E-2 visa applications to the United States for investors seeking to do business in the US and to move to the US together with their family.

REQUIREMENTS FOR THE E-2 TREATY INVESTOR VISA TO THE US

  1. Completed Non-immigrant Treaty Trader/Investor Visa Application, Form DS-156E (Part I – Business profile, and Part II – Staff).
  2. For companies that have been incorporated in the US, please show the certificate/articles of incorporation, certificate of shares issued to shareholders, business license and lease contracts.
  3. In all cases, a formal CPA letter must be submitted indicating the nature of the company (branch, subsidiary or partnership), its structure, the ownership distribution and nationality of shareholders.
  4. In order 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.
  5. In order to demonstrate the enterprise is a real and operating commercial enterprise, include 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
  • 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 tending to show the enterprise is producing some service or commodity
  1. 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 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 a real and operating commercial one. To demonstrate 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.
  2. DS-160 application form (CEAC). Pay the E visa fee through the visa website and submit the fee payment confirmation for our attention.
  3. Passport picture (5cm x 5cm) – taken on a white background.
  4. DS-156 E (Part 3).
  5. Employee’s CV (curriculum vitae).
  6. Formal letter on company letterhead explaining the reasons why the employee must be in the US and a description of their responsibilities.
  7. Photocopy of the employee’s passport – biographic page.
  8. 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, it is highly recommended to contact an attorney before proceeding with any plans to move or work in the US. Schedule a consultation with a US immigration lawyer at Cohen Brosh’s office. 

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