Visas to the U.S.
Non Immigrant Visas
Treaty Investor Visa (E-2)
How to Organize your Application
| Tab A or 1 |
Table of Application Contents. This table must identify the documents provided and their respective location within the application as provided in the tab sequence set out here below. |
| Tab B or 2 |
A completed Form DS-156, DS-157,DS-156E, and fee receipt on behalf of the principal applicant. Contact information must G-28 "Notice of Entry of Appearance as Attorney or Representative" (as appropriate), including contact e-mail address and phone number. include an e-mail address. |
| Tab C or 3 |
A colored photocopy of the principal applicant's passport's bio page. This tab should also include photocopies of any U.S. visas held by the applicant, regardless of its validity. For applicants who are nationals of Turkey, demonstrate the applicant permanently resides in Turkey. This requirement may be fulfilled by demonstrating payment of tax assessment imposed by local or national authorities, ownership of a primary residence in the treaty country or by the submission of similar documents tending to show the applicant resides permanently in the treaty country. Demonstrate the applicant intends to depart the United States when the E-2 status terminates. |
| Tab D or 4 |
Cover letter describing the enterprise, the applicant's qualifications and number of family members intending to travel. This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual 9 FAM 41.51 and U.S. law. Specifically, the letter must address how the applicant will demonstrate that he/she meets all requirements under 9FAM 41.51, including:
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| Tab E or 5 |
Demonstrate the individual and the enterprise possess the nationality of the treaty country, 9 FAM 41.51 N2. The nationality of an enterprise is determined by the nationality of its individual owners. Documents tending to shown nationality include passports and corporate instruments identifying of owners of ultimate parent company. |
| Tab F or 6 |
Demonstrate the applicant has invested or is in the process of investing, 9 FAM 41.51 N8. Legal instruments, such as contracts, promissory notes, leases, etc., must be legible, fully executed and include all attachments, exhibits or other addenda. Any claim of investment must be substantiated by the submission of cancelled checks or payment order from an identifiable source with corresponding bank statements proving actual payment to an identifiable beneficiary. Funds must be shown to have exchanged hands directly between the buyer and the seller or a duly appointed agent. For what constitutes a qualifying investment for treaty investor purposes, see 9 FAM 41.51 N8. |
| Tab G or 7 |
Demonstrate the enterprise is a real and operating commercial enterprise, 9 FAM 41.51 N9. This element may be demonstrated by the submission of items, such as annual reports, catalogs, sales literature, news articles, business invoices with corresponding bank accounts showing payment, receipts for the purchases of business equipment or inventory, and other documents tending to show the enterprise is producing some service or commodity. In the event the applicant is investing in part of a larger enterprise, financial information submitted, such as federal tax returns or audited financial statements, must clearly identify what figures, if any, are allocable and directly attributable to the operations in which the applicant is investing. For example, if the applicant is investing into the pool servicing operations of a property management enterprise, federal tax returns or other financial information submitted for the property management enterprise must identify what figures in the tax return, if any, are attributable to its pool servicing operations. Any invoices submitted must be accompanied with corresponding bank statements showing actual payment. |
| Tab H or 8 |
Demonstrate the applicant's investment is substantial and proportionate to the value of the enterprise, 9 FAM 41.51 N10. For new businesses, start-up costs must be identified. Applicants must demonstrate costs identified are the reasonable and actual costs necessary to establish a similarly situated business to the point of being operational. |
| Tab I or 9 |
Demonstrate the investment is more than a marginal one solely for earning a living; 9 FAM 41.51 N11. In this tab, include complete copies of all schedules of the enterprise's U.S. corporate income tax returns. You should provide returns for the two years immediately preceding the application and the most recent quarterly income tax returns filed with the International Revenue Service. In the event the applicant is investing in part of a larger enterprise, financial information submitted, such as federal tax returns or audited financial statements, must clearly identify what figures, if any, are allocable and directly attributable to that part in which the applicant is investing. For example, if the applicant is investing into the pool servicing operations of a property management enterprise, federal tax returns submitted for the property management enterprise must identify what figures in the tax return, if any, are attributable to its pool servicing operations. In this tab, submit evidence, such as W-2's or 1099 forms, that the company employs U.S. citizens, U.S. legal permanent residents or other lawful workers. The comments in the foregoing paragraph apply equally to these documents. For start-ups, include a copy of the company's most recent audited annual financial report and balance sheet. |
| Tab J or 10 |
Demonstrate the applicant is in a position to "develop and direct" the enterprise, 9 FAM 41.51 N12. |
| Tab K or 11 |
Demonstrate the applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States, 9 FAM 41.51 N14; and, |