E-1 & E-2 Visas

The E visa category is based on particular treaties between the U.S. and certain foreign countries that want to encourage trade and investment. It is available only for citizens of those particular countries, which have entered into the requisite treaty with the U.S., like Japan.

There are two types of E visas.

  • E-1 visas are available for personnel of companies engaged in trade with the U.S., known as “Treaty Trader.”
  • E-2 visas are available for personnel of companies engaged in business in the U.S. which represents a substantial investment in the U.S., known as “treaty investors.”

E-1 Treaty Trader

  1. Articles of incorporation for the U.S. Corporation
  2. Minutes of Corporation showing officers, directors and shareholders
  3. Share Certificates
  4. Proof of “Substantial Trade”
    1. Canceled checks
    2. Invoices to show purchase of merchandise and fixtures
    3. Contracts, Bills of sale and Bills of Lading showing regular import/export between U.S. and Treaty Country
  5. Lease for the premises of corporation and occupational license
  6. Employer’s Quarterly Tax & Wage Report, showing number of employees
  7. Latest financial statement and tax return, together with statement from the accountant, certifying as to the approximate percentage of trade between the United States and the Treaty Country
  8. Passport & I-94 card
  9. Sample Brochures, product photos, office photos, price lists, etc. and anything which will assist us presenting a strong graphic package

E-2 Treaty Investor Checklist and Requirements

      Description: Treaty Investor visa allows nationals from countries that have trade treaties with the United States to enter the United States for the purpose of developing a business. No INS approval is required for these visas but a substantial investment is required. Factors like creation of U.S. jobs and potential for future growth are considered in adjudicating these visas. The E-2 visa is available to the principal investor as well as to essential employees; there is no numerical cap on years and it is possible to remain in Treaty Investor status for many years.

Documentary Requirements:

 

    1. Current number of U.S. employees and contractors; projected future positions
    2. Proof of funds invested to date (copies of checks, transfers, etc.)
    3. Proof of bank account opened for U.S. Company (bank statements, transactions, etc.)
    4. Occupational licenses and other related permits
    5. Tax ID numbers, income tax forms, etc.
    6. Contracts/receipts from vendors
    7. I-9′s, W-2′s, and copies of checks issued for wages and salaries for employees
    8. Copies of share certificates showing ownership of corporations
    9. Complete copies of articles of incorporation for U.S. and foreign companies
    10. Copy of passport (biographic pages and all visa stamps) and I-94 card
    11. Social security number
    12. Photographs of foreign corporation, employees, etc.
    13. Substantial investment in the United States leading to the creation of U.S. jobs
    14. Business plan outlining future investment scheme
    15. Approval by the U.S. consul

(NOTE: No INS approved petition is required for this visa; a change of status from other non-immigrant visa category is available through the INS, but “E” visas are most frequently adjudicated directly by the consulate.)