Treaty Investor (E-2)

Applications should be submitted electronically. Please see “How to Apply” for detailed 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)

Please provide:

  • A detailed breakdown, or spreadsheet, of all funds invested into the U.S. venture;
  • Evidence of your investment.  For example:
    • Signed, dated, valid lease for business premises, including evidence of payments;
    • Evidence of equipment and/or inventory purchases;
    • Evidence of intellectual property or other intangibles invested; and
    • Evidence of any other funds spent to acquire and set up the business.
  • If you are buying an existing business, please provide all of the following that apply in your case:
    • A signed, dated, valid purchase agreement; and 
    • If applicable, a binding escrow agreement (9 FAM 402.9-6(B)) that explicitly confirms how the funds will be distributed if the visa is issued, what happens when it not issued, and is signed and dated by all parties. acquire and set up the business.
  • If you are purchasing a franchise, please provide:
    • A signed and dated franchise agreement;
    • A copy of your franchise disclosure document; and
    • Evidence of payment of the franchise fee.
  • Evidence of how the funds invested into the U.S. venture were acquired in the form of:
    • Documentation of the original source of the funds (sale of property, inheritance, loans, earnings, sale of business etc)
    • Evidence that he funds have been moved to the United States; and
    • If the funds have come from a foreign based parent or affiliate company, a copy of their latest financial statements.

Section F (Real and Operating)

Please provide:

  • Evidence that the business if 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.

Tab G (Marginality)

Please provide:

  • Evidence that the business is more than a marginal enterprise;
  • If the business is already established and operating, please provide:
    • U.S. federal tax returns for the business for the last three years.  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 two tax years.
  • If the business is a new start-up, please provide:
    • A comprehensive business plan;
    • A detailed five year profit and loss forecast for the business.  Also provide the assumptions on which the forecast is based; and
    • A breakdown of start-up costs necessary for the business to become operational.