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E-1 and E-2 Visas

 

Treaty traders (E-1) are foreign nationals coming to the United States to carry on substantial trade, including trade in services or technology, chiefly between the United States and the treaty country. Treaty investors (E-2) are foreign nationals coming to the United States to direct and develop the operations of an enterprise in which they have invested, or are actively in the process of investing, a substantial amount of capital. To qualify for E-1 or E-2 visas, the beneficiary must be the national of a US treaty country. Currently, the US treaty countries include Canada, Japan, Korea, Taiwan etc.

 

Documents and evidence to support E-1/2 visa application include: evidence of how investment funds are held (bank records, financial statements, etc.); if funds transferred to U.S., evidence of transfer (bank drafts, transfers, exchange permits); if business established by applicant, evidence of establishment (articles of incorporation or registry of other entity, organization and staffing charts, contracts, receipts, licenses, leases, etc.); evidence of the nationality of the traders or investors (passports, corporate documents reflecting ownership, stock exchange listings, etc.); evidence of trade between the United States and the treaty country (invoices, bills of lading, customs clearances, warehouse receipts, etc.); evidence of investment in the United States (titles, leases, architectural drawings, photographs, receipts, financial statements, bank statements, escrow agreement and bank documents if investment escrowed); evidence of substantiality (if business purchased, documents of sale; otherwise, business tax returns, detailed business plan with projections, auditor's statement or consultant's report on adequacy of investment); evidence that the business is not marginal (personal income tax returns and other evidence of personal assets/income; payroll records and tax returns reflecting employment; evidence of other generation of jobs or economic improvement); evidence that the business is a real, operating enterprise (annual reports, catalogs, sales literature, news articles, contracts, correspondence, etc.); and other evidence appropriate to the nature of the business.

 

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