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-1 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));
- that the individual and/or business possesses the nationality of the treaty country (9 FAM 402.9-4(B));
- that the activities constitute trade within the meaning of the Immigration and Nationality Act, section 101 (a) (15) (E) (9 FAM 402.9-5(B));
- that the trade is substantial (9 FAM 402.9-5(C));
- that the trade is principally between the United States and the treaty country (9 FAM 402.9-5(D));
- that the applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operation in the United States;(9 FAM 402.9-7(B)); and
- that the applicant intends to depart the United States when the E-1 status terminates (9 FAM 402.9-4(C)).
Section B (Forms)
- DS-160 Confirmation Sheet and DS-156E: All E-1 principal applicants and employees are required to complete both the DS-160 online electronic visa application form and the DS-156E (PDF – 234kb). Contact information provided on the DS-160 should include an e-mail address;
- A copy of the payment receipt showing that the MRV fee has been paid.
- If the applicant is not an investor but an employee, please provide a letter discussing the 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)
- 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 transcipts; and
- Signed statement of intent to depart the US upon termination of status.
Section D (Ownership)
- 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 (Trade)
- A spreadsheet listing every qualifying transaction of international trade between the United States and treaty country during the last calendar year. This table should include the date, the invoice number, and the dollar value of the transaction. Show in a prominent place the total number and value of these transactions. Include a summary of the table;
- Copies of all the invoices summarized in the table;
- Copies of all air bills or shipping invoices proving that the goods or services moved from one country to the other; and
- The most recent U.S. federal tax returns for a US entity, or annual report (Financial Statements) for a UK entity. US tax forms must be copies of the signed and dated forms actually submitted to the IRS.