Treaty Traders and Treaty Investors Visas

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IMPORTANT NOTICE

Since August 2020, US Embassy Prague ONLY implements an ELECTRONIC PACKET SUBMISSION process for all E visa applicants. Paper submission packets are no longer accepted by the Embassy.

Overview

To qualify for Treaty Trader (E-1) and Treaty Investor (E-2) visas applicants must be coming to the United States either to engage in substantial trade, including trade in service or technology, in qualifying activities, which is principally between the United States and the treaty country, or to develop and direct the operation of an enterprise in which the applicant has invested a substantial amount of capital. Holders of E visas must intend to depart the United States upon the termination of their E status.

The spouse and unmarried children (under 21 years of age) of treaty traders, treaty investors, or employees of enterprises may receive dependent E visas in order to accompany or follow to join their spouse or parent. They are not required to have the same nationality as the principal applicant to obtain an E visa.

E visas permit the investor/trader and his or her family to live in the United States during the period of stay authorized by the Department of Homeland Security (DHS). E visas are nonimmigrant visas; consequently, visa holders are allowed to live in the United States only so long as the conditions under which the visa was granted remain valid. Dependents are not authorized to work in the U.S. unless they receive explicit authorization to do so from DHS-USCIS in the United States. Dependents of treaty traders/investors may apply for work authorization after their arrival in the United States.

Qualifications for a Treaty Trader (E-1) Visa

  • The applicant must be a national of a treaty country;
  • The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise;
  • The international trade must be "substantial". There must be a sizeable and continuing volume of trade (trade means the international exchange of goods, services, and technology). Title of the trade items must pass from one party to the other;
  • The trade of the U.S. enterprise must be principally between the U.S. and the treaty country. More than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;
  • The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skill essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. Please note that a detailed explanation of why the applicant's skills are essential for the enterprise in the U.S. may be required and that the prospective employer and the prospective employee of treaty trader must have the same nationality and that the prospective employer and the prospective employee of treaty trader must have the same nationality. 
  • The applicant must intend to depart the U.S. when his/her E-1 status ends.

Qualifications for a Treaty Investor (E-2) Visa

  • The investor, either a person, partnership or a corporate entity, must have the citizenship  of the treaty country. If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality;
  • The investment must be substantial and the funds have to be "irrevocably" committed. The investment must be sufficient to ensure the successful operation of the enterprise;
  • The investment must be in a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or mere ownership of undeveloped land are not considered an investment;
  • The investment may not be marginal. Based on 9 FAM 402.9, the enterprise must either show a financial return that significantly exceeds what is necessary to support a living for the investor or else the enterprise must have the capacity, present or future, to make a significant economic contribution;
  • The investor must have control of the funds, and the investment must be at risk in a commercial sense. If the funds are not subject to partial or total loss if business fortunes reverse, then the investment is not an investment in the sense intended by the Immigration and Nationality Act (INA) 101(a)(15)(E) and in 9 Foreign Affairs Manual (FAM) 402.9. Loans secured with the assets of the investment enterprise do not qualify;
  • The investor must be coming to the United States to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled or unskilled workers do not qualify. Please note that a detailed explanation of why the applicant's skills are essential for the enterprise in the U.S. or why the applicant possesses qualifying “executive or supervisory experience” may be required and that the prospective employer and the prospective employee of investor/the investing enterprise must have the same nationality.
  • The applicant must intend to depart the U.S. when his/her E-2 status ends.

Application Process

Electronic submission is the only acceptable method for E visa submission! Cases must be submitted to: PragueEvisas@state.gov.

Please use the e-mail subject line: “Surname, Given Name, Business Name, E Visa Application”. Use this email address for specific E visa questions as well as regarding E visa cases already submitted. The initial case review time is between 2-4 weeks.

The E visa package, submitted electronically, should not exceed 7MB (about 100 pages, pdf only). You may use multiple attachments as needed. Do NOT send “linked” files, as we cannot access or open these. Please scan documents with a maximum of 300 DPI to keep file size small.

Dependents of “E” visa applicants/holders:

Dependents (spouse and/or minor children) who intend to apply for their “E” visas together with the main “E” visa applicant should submit their “E” visa application(s) together with the main applicant’s “E” visa application. The supporting documentation (DS-160 confirmation page for each dependent, marriage certificate for spouses, and birth certificates for children) must be added to the main applicant’s “E” visa supporting documentation package and submitted with said package. 

Dependents (spouse and/or minor children) who intend to follow to join the main applicant who is already in possession of a valid “E” visa and has been admitted in “E” visa status into the U.S. should follow the “E” visa application process (described above in detail) and send the supporting documentation (DS-160 confirmation page for each dependent, marriage certificate for spouses, and birth certificates for children) to PragueEvisas@state.gov. 

Please note that all dependent “E” visa applicants also must pay the “E” visa application fee.   

How to Apply

Step 1

Complete the Nonimmigrant Visa Electronic Application (DS-160) form.

Step 2

Pay the visa application fee. The visa fee page lists the visa types and correlating visa fee in U.S. dollars and local currency.

To pay your visa fee, read the Bank and Payment Options page. This page explains how to make your visa fee payment. You will create a profile and must keep your receipt number to book your visa appointment.

Step 3

Start the process of scheduling your appointment on this web page. You will need the following information in order to schedule your appointment:

  • Your passport number
  • The CGI reference number from your Visa Fee receipt. (Click here if you need help finding this number.)
Step 4

Carefully read the instructions. After entering the receipt number you will receive the following message: "Your request to schedule an appointment has been received and will be reviewed."

Step 5

Submit your E Visa Application

There are three different categories of E visa submission:

  • If this is your first E visa, and you are either applying to work as an employee for a new E visa enterprise or you yourself are the investor, you must submit following documentation: Forms DS-160; the statement about your intent to return upon termination of your E status; and the full E visa documentation package. Employees of E visa enterprises are also required to complete Form DS-156E. Full instructions to build an appropriate E visa package are available here: Instructions for Applying for Nonimmigrant E1/E2 Visas
    • If you are renewing your E visa, provide the following documentation: Forms DS-160; the statement about your intent to return upon termination of your E status; a letter from your employer/the U.S. enterprise containing a detailed description of the enterprise’s past and planned activities; proof that the enterprise is still operating, such as copies of the last available U.S. corporate tax returns/updated profit and loss statement/balance sheet/W-2 forms for employees and/or payroll documentation and, only if there has been a change in the enterprise’s ownership, the new ownership documentation needs to be submitted as well.  E visa enterprise employees should also complete Form DS-156E.
  • If this is your first E visa, but you are applying to work as an employee for a previously- qualified E visa enterprise, provide the following documentation: Forms DS-160 and DS-156E; the statement about your intent to return upon termination of your E status; a detailed resume or CV and documentation of your professional qualification (such as copies of education degrees, job training certificates and/or letters from previous employers); a letter of support from your prospective U.S. employer containing a detailed position description; proof that the enterprise is still operating, such as copies of the last available US tax return/updated profit and loss statement/balance sheet/W-2 forms for employees and/or payroll documentation and, only if there has been a change in the enterprise’s ownership, the new ownership documentation needs to be submitted as well.

Case review begins upon receipt of a complete application. Incomplete applications will delay processing. Should your case require additional documentation, this office will contact you or your attorney via e-mail.

Step 6

You will receive an email once your request is approved.

Interview scheduling: After your E visa package has been reviewed (the initial review time varies based on the kind of case submitted but usually ranges between 2-4 weeks) you or your attorney will receive an e-mail notification from the Embassy’s visa service partner informing you that you may proceed and schedule an interview appointment online.

Important: After your request was approved, log back into your profile on www.ustraveldocs.com and select “Continue” option in order to schedule the appointment (left side of the screen).

Step 7

Visit the Embassy on the date and time of your visa interview.

Formal adjudication of the case begins with the in-person interview. If, after the interview, the case should require additional documentation, you will receive clear guidance from the Consular Officer on what to submit, and by what method.

Supporting Documents

Please assemble your package according to these guidelines. The maximum size of the package is 7MB (approximately 100 pages). Oversized attachments most likely will be rejected by our server. Do not include brochures, photographs or printouts of web pages.

Tab A (Table of Contents)

Tab B (Forms)

  1. Completed DS-160 for all applicants (to include derivatives)
  2. DS-156E for all primary applicants (except E2 principal investors)

Tab C (Applicant Information)

  1. Certificates that demonstrate proof of family relationships and the marital status for each applicant (marriage certificate for spouse and/or birth certificate(s) for minor child/children)
  2. The principal applicant’s résumé or curriculum vitae/CV
  3. A signed statement of intent to depart the U.S. upon termination of status for the principal applicant

Tab D (Cover Letter and additional documents)

  1. The cover letter must describe how the enterprise qualifies for E-1 or E-2 status and must include a description of the beneficiary’s specific skills and qualifications, if not addressed in the resume or CV. The letter must address all the requirements for E-1 or E-2 visa eligibility.
  2. Documentation that supports the applicant’s expertise and underlines his/her essential skills. This may include any relevant diplomas, job training certificates and/or letters from previous employers.
  3. Include the first two pages of U.S. corporate tax returns, showing IRS reported sales for the two years immediately preceding the application and the current year’s profit and loss statement.
  4. Evidence that the enterprise has the present or future capacity to generate more than enough income for a minimal living for the treaty investor and his or her family. (The projected future capacity should be realized within 5 years after business start-up.)

Tab E (Ownership)

  1. Proof of at least 50% treaty country nationality for the principal investor/owner
  2. If the firm has several owners or subsidiaries or if the chain of ownership includes intermediary entities, please include the following (as applicable):
    1. An organization chart with names showing the full ownership structure of the entity
    2. Legal proof of ownership (such as incorporation certificate, shares certificate, excerpt from the trade registration) within a respective chain
    3. Photocopies of only the bio data page of the passports and the percentage of each unit holder of the definitive parent company
  3. If the firm is publicly traded with many shareholders (none of which own more than 50%) include:
    1. A written declaration justly authorized by a corporate official stating all of the stock exchanges on which the firm is traded
    2. A copy of recently issued trading information concerning the nationality of the stock's owners
  4. For an E-1 visa, if the firm is an incorporated entity outside of the US, include a chart of ownership of the enterprise and a certificate of existence/registration from the state/province in which the company is incorporated

TAB F (Proof of Investment or Trade)

Treaty Trader and Treaty Investor applicants are encouraged to provide the following documentation:

 

INVESTMENT (E-2):

Invoices; Cancelled checks and wire transfers, along with matching invoices; Bank statements showing matching debits; Escrow agreement, escrow account statement in the U.S., and escrow receipt (as applicable).

 

TRADE (E-1):

Sales invoices; Purchase invoices; U.S. Bills of lading, issued by DHS/CBP; Inventory data; Insurance papers documenting commodities imported into the U.S.

 

Note: No further processing, including appointment scheduling, will occur until we have received definitive proof of investment or trade.

The electronic submission may not exceed 20MB, which is approximately 70 pdf pages.  Zip files or online shared folders are not accepted.  The following documents do not count towards the 70-page limit: forms DS-160, DS-156E, G-28, civil documents, copy of passport bio-page, and tabs/dividers.  

More Information

For more information about E visas, visit the Department of State's Treaty Trader and Investor Visa webpage.