Treaty Investors Visas

FAQ

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What is an E-2 visa?

Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. General information on fees, participating countries, legal requirements, extensions of stay, changes of status and entering the U.S. is available here

How do I Apply?

Current E-2 processing time for all applicants could take several months.  The Department of State does not provide premium or expedited visa processing for an additional fee.
To complete the E-2 process as quickly as possible, please read carefully and follow our instructions. An incomplete visa application may delay the processing of your case. Incomplete or incorrect submissions will be returned for correction.
If you are also applying for your spouse or children under the age of 21, see below for the section.

New and renewal applicants must:
  • Complete the Nonimmigrant Visa Electronic Application (DS-160) form;
  • Pay the visa application fee;
  • Register an account and submit an appointment request; and
  • Submit complete supporting documents at the U.S. Embassy – Mongolia main entrance at 1:30PM Monday through Friday, except on U.S. and Mongolian holidays.

The Consular Officer will then:

Spouse and Children of an E-2 Visa Applicant

Spouses and unmarried children under the age of 21, regardless of nationality, can apply for and receive E-2 visas to accompany or follow to join the principal alien in the United States. Derivatives receive the same visa classification as the principal alien. Spouses interested in employment while in the U.S. must seek work authorization from the Department of Homeland Security (DHS) prior to commencing any employment, even in the E-2 business. Please see the Frequently Asked Questions for more information.

If you are including a spouse or children on your application as the principal alien, you should include documents establishing your relationship, such as a marriage certificate or birth certificates.

If you are applying only as the spouse or child of someone who already has an E-2 visa and whose E-2 visa remains valid, you do not need to submit supporting documents (binder). Rather, please submit the following:

  • Valid passport;
  • The DS-160 webpage application form confirmation page;
  • Form DS-156E;
  • Color copies of the bio data page of the principal alien’s passport and the visa;
  • A signed statement, in English, of intent to depart the United States upon termination of status, for each of the dependents;
  • Documents demonstrating a valid relationship between the spouse or child and the principal applicant, such as a marriage certificate or birth certificate;
  • A passport-size photo of each applicant (see: photo requirements);
  • If applicable, a letter of agreement between the investor and any legal representative (Form G-28 if the representative is an attorney) signed by both parties and including a contact email address and phone number.
    If the principal applicant’s visa has expired, derivatives must submit a copy of any change or extension of status granted by USCIS (Form I-797 or I-94) along with the above requested documents.

Supporting Documents

Your documents must be submitted in a three-ring binder of not more than 70 single sided pages. Incomplete or incorrect submissions will be returned for correction.

  • Binders should be divided into tabs A through G. (See below.)
  • If you use plastic sheaths to protect documents, do not put more than one piece of paper inside each one.
  • Do not include multiple copies of any document.
  • Your table of contents; cover letter; forms DS-160, DS-156E, G-28; appointment confirmation; civil documents; copy of previous visa; income tax returns; W-2s and/or 1099s and tabs/dividers are exempt from the page limit.
  • Binders are reviewed in the order in which they are received. Binders resubmitted after corrections are considered new submissions.
  • English translation of documents is also acceptable for items required to be submitted in English.
  • The consular officer may request additional documentation at his/her discretion.
Tab A (Table of Contents and Cover Letter)

Detailed table of contents, in English.
A cover letter, in English, generally describing the enterprise, its operations and the beneficiary. This letter must address all of the qualifications for E-2 visa eligibility.

If the applicant is not applying as the principal investor, but rather as an executive, supervisor or essential employee, the cover letter should also address the following:

  • The employee’s role in the E-2 Visa company, including job title and duties.
  • A detailed description of the employee’s salary, allowances, benefits and other compensation.
  • The applicant’s executive or supervisory responsibilities, or, if not a supervisor, his/her specialist role.
  • The level of education and knowledge required by the employee’s position.
  • The applicant’s employment experience, high level training or special qualifications.

    • If the applicant is applying as an essential employee the cover letter should also address:

  • Why a U.S. citizen or legal permanent resident cannot fill the position.
  • The expected duration for which the employee will be essential.
  • Any other evidence/analysis necessary to demonstrate qualification under 9 FAM 402.9-7.

    • The Consular Section may return the binder directly to applicants after their interviews. Please specify in the cover letter if the employer has an objection to employees receiving the binder, in which case the Consulate will destroy it.

    Tab B (Forms)

  • Confirmation sheet of the DS-160. A contact email address must be included.
  • Completed, in English, and signed Form DS-156E (parts 1, 2, and 3). Applicants must list each country in which they possess citizenship in box number 8 of the DS-156E.
  • If applicable: A letter of agreement between the investor and legal representative (Form G-28 if the representative is an attorney) signed by both parties. This document should include the contact email address and phone number of the representative.

    • Tab C (Applicant Information)

  • Copies of any U.S. visas, entry/exit stamps, and I-94s.
  • A copy of any changes or extensions of status granted by USCIS (Form I-797).
  • A resume or curriculum vitae, in English, of the principal applicant.
  • A copy of educational certificates; diplomas and/or transcripts.
  • Signed statement, in English, of intent to depart the U.S. upon termination of status for the principal applicant and any dependents.
  • Copies of civil documents establishing the relationship between the principal applicant and any dependents (spouse or child under age 21), e.g. government-issued birth and/or marriage certificates.

    • Tab D (Ownership)

    For sole proprietorships:

  • Business registration documents.

    • For partnerships:

  • Partnership or joint venture agreement
  • Shares/stock certificates indicating total shares issued and outstanding shares.

    • For corporations and limited liability companies:

  • Articles of Incorporation or Organization (in English for U.S. businesses)
  • Certificates of filing or formation (in English for U.S. businesses)
  • Shares/stock certificates indicating distribution of ownership, i.e. shares held by each firm and shares held by individual owners (in English for U.S. businesses)
  • Operating agreement (in English for U.S. businesses)
  • Large companies with several owners, subsidiaries, or an ownership structure with intermediary entities:
    • I. An organizational chart of the full ownership structure
    • II. Legal evidence of instances of ownership within that chain
    • III. Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company.
  • If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
    • I . An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the Mongolian Stock Exchange.
    • II. Copy of the most recent trading information on the stock.
  • In cases of affiliation with/ownership by a Mongolian company, registration documentation for the Mongolian company from the Mongolian State Registration Agency and the company’s most recent Mongolian tax return.

    • Tab E (Investment)

  • A brief description of the source of the initial investment funds.
  • A detailed breakdown, or spreadsheet, of all funds invested into the U.S. venture.
  • Use of these funds for qualifying business expenses. Please include invoices, cancelled checks, and bank statements showing matching debits (highlighted and annotated as necessary).
  • Evidence of how the funds invested into the U.S. venture were acquired in the form of:
    • I. Documentation of the original source of the funds (e.g. sale of property, inheritance, loans, earnings, sale of business, etc.).
    • II. Documentation of movement of these funds into a U.S. account (e.g. bank statements, canceled checks, wire transfers, etc.).
    • III. If the funds have come from a foreign based parent or Affiliate Company, a copy of their latest financial statements (balance sheet, income statement, and cash flow statement).
  • For start-up businesses and for the purchase of existing businesses provide the following if applicable:
    • I. Signed, dated, valid lease for business premises, including evidence of payments.
    • II. Evidence of equipment and/or inventory purchases.
    • III. Evidence of any intellectual property or other intangibles invested.
    • IV. 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:
    • I. A signed, dated, valid purchase agreement.
    • II. If applicable a binding escrow agreement (see 9 FAM 402.9-6(B), para. e, for guidelines) that explicitly says where the money goes if the visa is issued, what happens when it does not, and is signed and dated by all parties. Please cross-reference exactly any relevant purchase agreement.
  • If the business is a franchise include:
    • I. A signed franchise agreement.
    • II. A copy of your franchise disclosure document.
    • III. Evidence of payment of the franchise fee.
    Tab F (Real and Operating)

    Evidence that the business is real and active or close to the start of operations:

  • Relevant local, state and/or federal licenses.
  • Agreements, contracts or other similar documents.
  • Customer lists.
  • Evidence confirming any ongoing and future work (e.g. invoices, purchase orders, etc.).
  • Marketing and promotional materials.
  • Photos of premises.
  • Other documents that confirm that the venture is real and active.

    • Tab G (Marginality)

  • For pre-existing business purchased by investor:
    • I. Financial statements (balance sheet, income statement, cash flow statement) for the previous three years. If unavailable, an explanation of why.
    • II. U.S. tax returns for the past three years, including all statements and schedules. These must be copies of the signed and dated forms actually submitted to the IRS. In cases where filing extensions have been requested, provide the most recent returns actually filed, along with a written explanation for the request of extension and the date by which filing is expected. If unavailable, an explanation of why.
    • III. All W-2s and/or 1099s for the last two tax years. If these documents are not available, please submit the 4 most recent EQFTRs.
  • For start-up businesses:
    • I. A detailed business plan that includes the following elements: Detailed company description; Market analysis supported by outside sources (e.g. trade association statistics, chamber of commerce estimates); Description of the organization and management structure; Description of the service or product line offered; Marketing and sales strategy; Funding requirements for the next five years; Financial projections for the next five years including a summary of the assumptions upon which the projections are based.
    • II. A breakdown of start-up costs necessary for the business to become operational.
    • III. If the business has employees: all W-2s and/or 1099s for up to the previous two years.
  • For owners of an established business applying for an E2 visa for the first time:
    • I. Financial statements (balance sheet, income statement, cash flow statement) for the previous three years. If unavailable, an explanation of why.
    • II. U.S. tax returns for the past three years, including all statements and schedules. These must be copies of the signed and dated forms actually submitted to the IRS. In cases where filing extensions have been requested, provide the most recent returns actually filed, along with a written explanation for the request of extension and the date by which filing is expected. If unavailable, an explanation of why.
    • III. All W-2s and/or 1099s for the last two tax years. If these documents are not available, please submit the 4 most recent EQFTRs.
    • IV. A detailed business plan that includes the following elements: Detailed company description; Market analysis supported by outside sources (e.g. trade association statistics, chamber of commerce estimates); Description of the organization and management structure; Description of the service or product line offered; Marketing and sales strategy; Funding requirements for the next five years; Financial projections for the next five years including a summary of the assumptions upon which the projections are based.
    Drop off application package to the main entrance of the U.S. Embassy in Ulaanbaatar, Monday-Friday, at 1:30 (except on U.S. and Mongolian holidays)

    Denver Street #3
    11th Micro-District
    Ulaanbaatar 14190, Mongolia
    Phone: +976-7007-6001
    Fax: +976-7007-6174

Visa delivery and travel

Passports and visas can be retrieved from the U.S. Embassy at 14:00 on the second business day after your interview.
To collect your passport, you must present your Citizen Identification Card (ID).
If a representative is collecting your passport on your behalf - even in case of family members - the representative should present:

  • His/her own original Citizen Identification Card
  • Your original Citizen Identification Card

    • Note: In case of a group/family, a single person can retrieve each applicant's passport.

    ENTERING AND EXITING THE UNITED STATES

    A U.S. visa gives you permission to travel to the United States, but does not guarantee your entrance or determine the length of time you will be allowed to stay. An immigration officer at the point of entry makes those decisions. When you arrive, an immigration officer will review your passport, visa, and I-94 arrival and departure card to verify if and how long you can be admitted to the U.S. The immigration officer will capture your photo and your fingerprints just like during the visa interview process. If you are approved, you will be directed to the baggage and customs inspection areas to collect your luggage. In some cases, an immigration officer may direct you to the secondary inspection area for further questions. During secondary inspection, a second immigration officer will review your case and ask you about your travel and background. For detailed information on arriving and departing the U.S., please visit www.cbp.gov..