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Non Immigrant Visas

Treaty Trader Visa (E-1)

How to Organize your Application
 

Tab A or 1
A photocopy of the principal applicant's passport. This tab should also include photocopies of any U.S. visas held by the applicant, regardless of its validity.
Tab B or 2
A completed Form DS-156E on behalf of the principal applicant. Contact information must include an e-mail address.
Tab C or 3
Cover letter describing the enterprise, the beneficiary. 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:
  • The requisite treaty exists, 9 FAM 41.51 N3;
  • The individual and/or business possesses the nationality of the treaty country, 9 FAM 41.51 N3;
  • The activities constitute trade within the meaning of INA 101(a)(15)(E), see 9 FAM 41.51 N4 );
  • Such trade is substantial, 9 FAM 41.51 N6;
  • Such trade is principally between the United States and the treaty country, 9 FAM 41.51 N6);
  • 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 N13 ; and
  • The applicant intends to depart the United States when the E-1 status terminates, 9 FAM 41.51 N14
    In the event the enterprise has previously qualified for E visa status, applicants must also indicate the date and location of the initial qualification. In the event the enterprise has in any way varied from the initial qualification, whether in size, nature, ownership or otherwise, those variations, however slight, must be described, both in the cover letter and supporting documentation (as provided under the pertinent tabs).
    Please Note: The applicant must provide all necessary documentary or other evidence necessary to demonstrate it meets requirements for Treaty Trader/Investor status. Such evidence must be submitted in the format specified here below. Submission of a cover letter under this Tab D without more is insufficient.
Tab D or 4
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 E or 5
Demonstrate the requisite treaty exists, 9 FAM 41.51 N2.
Tab F or 6
Demonstrate the individual and the enterprise possess the nationality of the treaty country, 9 FAM 41.51 N3. 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(i) or 6(a)
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.
Tab G or 7
Evidence the activities constitute trade within the meaning of INA 101(a)(15)(E), see 9 FAM 41.51 N4 );6.
Tab H or 8
Evidence of substantial trade as defined by 9 FAM 41.51 N6.
Tab I or 9
Evidence that trade is principally between the U.S. and the treaty country. See 9 FAM 41.51 N6 U.S. Customs invoices and/or purchase receipts may be submitted here but see 9 FAM 41.51 N6.;
Tab J or 10
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 N13; and,
Tab K or 11
Demonstrate the applicant intends to depart the United States when the E-1 status terminates, 9 FAM 41.51 N14.
Tab M or 12
G-28 "Notice of Entry of Appearance as Attorney or Representative" (as appropriate), including contact e-mail address and phone number.