Treaty Traders and Treaty Investors Visas

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Overview

Treaty Trader (E-1) and Treaty Investor (E-2) visas permits Honduran citizens to come to the United States to:

  • engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and Honduras; or
  • develop and direct the operations of an enterprise in which you have invested a substantial amount of capital.

E visas permit the investor/trader and his or her family to temporarily stay in the United States for a limited period of time authorized by DHS. These visas are non-immigrant visas; consequently, you are allowed to live in the United States only so long as the conditions under which the visa was granted remain valid.

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How to Apply for an E Visa

Step 1 - Gather the Necessary Documents.

Prepare an application package in support of your application. Applications for E visas are processed in the order they are received. If your application package deviates from the requirements listed below, your application will not be accepted. The Embassy does not keep or return documents, so a non-compliant package will be shredded, and a new one will need to be prepared.

Step 2 - Request an Interview Appointment.

Pay the applicable visa fee, complete the Online Non-immigrant Visa Application (DS-160), and request an E–visa appointment, in that order. Selecting any other appointment category will only delay the process.

Step 3 - Await Instructions to Submit your Application Package.

After we receive your E visa appointment request, you will receive an email with instructions to send your application package to tggniv@state.gov

Step 4 - Wait for an Appointment Date and Time.

A Consular Officer will review your application package, which normally take 2-3 weeks. Once reviewed, you will receive an e-mail instructing you to logon on to your ustraveldocs.com account and schedule your appointment with a Consular Officer.

Step 5 - Attend your Interview Appointment.

Visit the U.S. Embassy on the date and time of your interview appointment. Bring a copy of your appointment confirmation letter, DS-160 confirmation page, and all current and expired passports. The interviewing Consular Officer will adjudicate your application and inform you whether or not your visa is approved. If approved, your visa will be ready in three to five working days.

 

Application Packet Requirements

GENERAL INFORMATION

  1. Application must be submitted to TGGNIV@state.gov as a PDF file.
  2. All documents listed under each tab must be submitted, unless otherwise indicated.
  3. Do not include any documents or extra pages other than those specifically requested.
  4. Do not include multiple copies of any document.
  5. All monetary amounts should be shown in USD.
  6. Do not include any citations from the Foreign Affairs Manual (FAM), the Code of Federal Regulations (CFR), or court cases.
  7. All documents must be in English. Foreign documents must be accompanied by an English translation.
  8. When documenting investments, bank statements showing debits are not acceptable proof of investment and must not be submitted.

 TAB A: TABLE OF CONTENTS

  1. A  1-2 page cover letter describing the enterprise, its operations and the beneficiary.
  2. Table of contents for each tab and sub-contents.

 TAB B: FORMS

  1. Confirmation sheet of the DS-160 for principle applicant and any family members.
  2. A correctly filled out and signed DS-156.
  3. If you will be represented by an attorney, submit Form G-28 “Notice of Entry of Appearance of Attorney as Representative, including all contact information.
  4. If you will be represented by someone other than an attorney, submit a letter of agreement between you and the representative.

 TAB C:  APPLICANT INFORMATION

  1. If family members are also applying, submit marriage certificates and birth certificates as appropriate of all members, in the original.
  2. Principle applicant’s resume or curriculum vitae.
  3. If the applicant is not the business owner but an employee, include a job letter from the company.  This letter should describe:
    • The business;
    • The job the applicant will do in significant detail;
    • His or her qualifications for that job in significant detail;
    • Why the applicant is uniquely qualified to fill the role;
    • Signed statement from the principal applicant of intent to depart the U.S. upon termination of E status;
  4. If applicable, copies of any changes or extensions of status granted by USCIS (Form I-797). Signed statement of intent to depart the U.S. upon termination of status.

 TAB D: OWNERSHIP

  1. Show in detail who has ownership of the company, including nationality and percentage of ownership.
  2. Article of Incorporation.
  3. Share certificates as applicable.
  4. If there are multiple owners, submit the following: 
    • Organization chart with names showing full ownership structure of the company.
    • Legal proof of ownership.
    • Color photocopies of the bio data page from the passports of each owner and percentage of company they own.
    • If the firm is publicly traded with many shareholders (none of which own more than 50%) include:
        • A written declaration authorized by a corporate official stating all of the stock exchanges on which the firm is traded;
        • A copy of recently issued trading information concerning the nationality of the stock’s owners;
        • If the firm is an incorporated entity outside of the U.S., 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 E: TRADE (E1 VISA)

  1. Spreadsheet listing qualifying transactions of international trade between Honduras and the U.S. since startup of company, 1-year minimum.
    • Each line must include the date, invoice number, and dollar value of the transaction, with yearly totals;
    • If there is a U.S. entity with separate legal status (such as an incorporated company or an LLC), all figures should refer trade with this entity;
    • If there is not a U.S. entity as described above, all figures should refer to trade with the Honduran company.
  2. A representative sample of invoices or DHS bills of lading adequate to demonstrate that the goods or services moved from one country to another.  Each sample should be able to be referenced to an entry in the spreadsheet.  Only the minimum number needed to be a representative sample should be included.
  3. U.S. tax returns for the business for the last two years.  Must be signed and dated forms that were actually sent to the IRS.
  4. Of all international trade conducted by the business in Honduras, include the percentage of such trade that has taken place between Honduras and the U.S. Include this figure and supporting information in the cover letter as well.

 TAB E:  INVESTMENT (E2 VISA)

  1. Complete money trail of the funds invested, including:
    • Documentation of the original source of the funds;
    • Movement of these funds to a U.S. bank account.
  2. If you are starting a new company, provide the following:
    • Purchase orders and corresponding paid invoices/cancelled checks for all investment activities, including inventory;
    • Breakdown of start-up costs needed for the business to become operational.
  3. If you are purchasing an existing business, provide the following:
    • Signed, dated, valid purchase agreement;
    • Binding escrow agreements as applicable;
    • Purchase orders and corresponding paid invoices/cancelled checks for all investment activities, including inventory.
  4. If you are purchasing a franchise, provide the following:
    • A signed and dated franchise agreement;
    • Evidence of payment of the franchise fee;
    • Purchase orders and corresponding paid invoices/cancelled checks for all investment activities, including inventory.
  5. Other inventory and insurance data as applicable.

 TAB F:  REAL AND OPERATING (E2 VISA)

  1. Relevant local, state and/or federal licenses.
  2. Provide between two and four color photos of both the exterior and the interior of the business, from different angles.
  3. Signed, dated, valid lease for business premises, including payment, if startup company.

 TAB G:  MARGINALITY (E2 VISA)

  1. Tax returns for up to the last two years that the business has been in operation.
  2. Profit and loss statements for the current and prior year that the company has been in business, as applicable.
  3. Concise business plan that:
    • Analyzes the local market/competition;
    • Describes a realistic and conservative 5-year projection of profit and loss;
    • Includes support from external sources for the 5-year projection.

Reciprocity Fee – Effective 15, September, 2018

 Hondurans who qualify for E1/E2, F1/F2, H1B, L1/L2, or R1/R2 visas must pay a reciprocity fee at the conclusion of the interview. This fee is in addition to the nonimmigrant visa application fee.

To learn more about the required payment, go to:

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Honduras.html

Dependents

Spouses and/or unmarried children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require a derivative E visa.

Family members who do not intend to reside in the United States with the principal visa holder, but wish to visit for vacations only, may be eligible to apply for visitor (B-2) visas.

Spouses and dependents may not work in the United States on a derivative E visa. If your spouse/child seeks employment, the spouse must obtain the explicit authorization to do so from DHS-USCIS in the United States. This authorization must be applied for after their arrival in the United States

Supporting Documents for Dependents
It is preferred that families apply for their visas at the same time, but if the spouse and/or child must apply separately at a later time, they should follow the investor visa application process and submit the following required documents by courier service:

  1. A confirmation page of DS-160 (photo loaded) with MRV fee receipt.
  2. Two sets of Form DS-156E
  3. Proof of the relationship (e.g., family relationship, marriage, basic and adoption certificates)
    • Original birth certificate
    • Original marriage certificate
    • If children are adopted, the RNP adoption certificate, IHNFA legal documents, and family court legal decision.
    • A copy of the principal applicant’s E visa and/or I-797 approval notice.
    • A dependent’s copy of I-797 if it is applicable.