Renewal of a Treaty Investor Visa (E-2)

Renewal applications should be submitted electronically. Please see “How to Apply” for further information.

Section A (Table of Contents and Cover Letter)

Please provide:

a cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-2 visa eligibility. This letter should address all the requirements for E-2 visa eligibility which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 402.9) and require the applicant to show that the:

  • Requisite treaty exists (9 FAM 402.9-4(A));
  •  Individual and/or business possesses the nationality of the treaty country (9 FAM 402.9-4(B));
  •  Applicant has invested or is in the process of investing (9 FAM 402.9-6(B));
  • Enterprise is a real and operating commercial entity (9 FAM 402.9-6(C));
  • Applicant’s investment is substantial (9 FAM 402.9-6(D));
  • Investment is more than a marginal enterprise solely for earning a living (9 FAM 402.9-6(E));
  • Applicant is in a position to develop and direct the enterprise (9 FAM 402.9-6(F));
  • Applicant, if an employee, is destined to an executive/supervisory position or possess skills essential to the firm’s operations in the united States (9 FAM 402.9-6(B) and (C)); and
  • Applicant intends to depart the United States when the E-2 status terminates (9 FAM 402.9-4(C)).

Section B (Forms)

Please provide:

  • DS-160 Confirmation Sheet: All E-2 principal investor applicants and employees are required to complete the DS-160 online electronic visa application form and submit their application confirmation sheet.  Contact information provided on the DS-160 should include an e-mail address;
  • DS-156E (for all principal applicant E-2 employees): E-2 employees are also required to complete and submit the DS-156E (PDF).  Please note principal investor applicants are not required to complete the DS-156E;
  • A copy of the payment receipt showing that the MRV fee has been paid;
  • A detailed letter discussing the applicant’s job in detail.  The letter should be printed on the company’s letter head and should describe:
    • the company;
    • applicant’s title and role;
    • Salary, allowances, benefits and other compensation that the applicant will receive;
    • his or her qualifications for that job; and
    • The company’s contact information.
  • If applicable, please submit a letter of agreement between the treaty trader and their legal representative signed by both parties and include contact e-mail address and phone number.

Section C (Applicant Information)

Please provide:

  • 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);
  • Evidence of the applicant’s ongoing residency in the UK (including, as appropriate, a copy of the current lease or mortgage for the applicant’s primary residence in the UK; the applicant’s most recent UK pay stub;
  • A resume or curriculum vitae of the principal applicant;
  • A copy of educational certificates, diplomas and/or transcripts; and 
  • Signed statement of intent to depart the US upon termination of status.

Section D (Ownership)

Please provide:

  • Articles of Incorporation (for corporations), Articles of Organization (for LLC’s) or other similar documents for US business;
  • Share certificates, Operating Agreement, Share Ledgers or other applications documents to confirm ownership;
  • Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company;
  • If the U.S. based business is a subsidiary or affiliate of a foreign corporation, provide their relevant incorporation and ownership documents for the business.  If the foreign business is based in the United Kingdom, provide a copy of their latest Companies House AR01 Report;
  • 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; and
    • Legal evidence of instances of ownership within that chain;
  • If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
    • An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the London Stock Exchange; and
    • A copy of the most recent trading information on the stock.

Section E (Investment)

  • If you operate the same business for which you were last approved, please submit evidence of any major new investments (If any) in the business;
  • If you no longer operate the business for which you were approved, you must submit all the documents required of first-time investors; and/or
  • If you have purchased any additional businesses, provide the purchase agreements and closing documents.

Section F (Real and Operating)

Please provide:

  • Evidence that the business is real and active.  For example:
    • Relevant local, state and/or federal licenses;
    • Agreements, contacts, customer lists or other similar documents;
    • Evidence confirming any ongoing and future work;
    • Marketing and promotional materials; and/or
    • Other documents that will help confirm that the venture is real and active.
  • If the business is an affiliate or subsidiary of a foreign company or group, please provide evidence that the foreign company or group is active.  For example:
    • Financial statements;
    • Annual report; and/or
    • Other documents that confirms the foreign company is trading.

Section G (Marginality)

Please provide:

  • Evidence that the business is more than a marginal enterprise;
  • The U.S. federal tax returns for the business for each year since the E-2 visa was last issued.  These must be copies of the signed and dated forms submitted to the IRS.  We will not accept state tax returns;
    • Detailed profit and loss statements for the current and previous calendar years; and
    • All W-2, 1099s and/or payroll invoices for the last tax year.