What is the the E-1 Treaty visa?
Nationals from qualifying Treaty countries who are conducting trade with the US may qualify to become a E 1 treaty trader. The about of trade transactions does need to reach a substantial dollar value and trade to the US must account for at least 50 per cent of the prospective treaty trader business. It is unlike that a E 1 treaty visa would be given to overseas enterprises that do not meet this substantial trade threshold.
What documents do you need for the E1 visa?
The documents required for the E1 Visa include the following:
- Form DS-160 confirmation page and Form DS156E, Nonimmigrant Treaty Trade Application Form
- Proof of payment of the visa application
- If you are not the business owner, but an employee, a letter outlining the nature of your role, printed on company headed paper outlining the following:
- The company’s business
- Your role and title
- Your salary, benefits, and other forms of remuneration
- Your qualifications and how your expertise makes you suitable for your role
- The company’s contact information
- A letter of agreement signed by the applicant and your legal representative (where relevant)
- Colour passport photograph aligned with U.S. passport regulations
- Information related to previous visas or visa extensions
- Proof of the applicant’s primary residency in the UK (or their home country)
- Your CV, educational certificates, or proof of other qualifications
- Signed statement of intent to leave the US following the expiration of the visa
- Proof of ownership of the business (e.g., Articles of Incorporation or Articles of Organization (as appropriate))
- Share certificates, operating agreements, share ledgers or other documents to demonstrate ownership (as appropriate)
- Photocopies of the photo page of the passports belonging to the owners of the company
- Incorporation and ownership documents (where relevant)
- Organisational structure chart
- Spreadsheet with all qualifying transactions of trade in the last 12 months with the following information:
- Invoice number
- Dollar value of the transaction
- Copies of the invoices in the table
- Copies of bills or shipping invoices
- Federal tax returns or annual reports
Countries with E1 treaty agreements
The following countries have a E1 treaty agreement with the US:
- China (Taiwan)
- Costa Rica
- Korea (South)
- New Zealand
- United Kingdom
Countries with E2 treaty agreements
- China (Taiwan)
- Congo (Brazzaville)
- Congo (Kinshasa)
- Costa Rica
- Korea (South)
- New Zealand
- Slovak Republic
- Sri Lanka
- Trinidad and Tobago
- United Kingdom
What is the E-2 Treaty Investor?
The E2 Treaty investor visa is an option for those nationals from qualifying treaty countries that have made investment in the US. Although, there is no minimum level of investment suggested by immigration law – it is likely any qualifying organization will have to have made a significant amount of investment. The visa criteria also means any money needs to be part of an investment enterprise rather than in stocks or property assets.
E2 Treaty Investor Visa supporting documents
E2 visa applicants need to provide supporting documentation to prove their connection with and the financial success of the enterprise.
When making the E2 visa application, you will need to prepare a supporting letter on the company’s letterhead to describe your connection with the company.
Also, the US requires an application letter describing the business and beneficiary that addresses the E2 visa requirements and that:
- You and/or your enterprise possess an eligible nationality
- You have invested or are in the process of investing in the business with evidence, such as evidence of payment or lease for business premises.
- You intend to leave the US when your E-2 visa expires.
E-2 visa applications must be submitted with a Form DS-160. If the principal applicant is moving to the US with overseas-based employees, each employee must also complete a DS-160 form along with a DS-156E form.
You will also need to submit personal and company data including:
- A copy of the biodata page of your passport as well as any US visas, entry/exit stamps and I-94.
- A copy of the Form I-797 if the USCIS granted you an extension or change status at any time.
- Proof of your primary residence, such as a lease agreement, mortgage, or payslip
- Your resume or curriculum vitae
- A copy of educational certificates and/or transcripts
- Evidence and details of your investment
The company data include:
- Articles of Incorporation, Organization or similar as it applies to the US business
- Share certificates or any documents that confirm your ownership.
- A copy of the biodata pages of the passport of all business owners.
- Relevant licenses and evidence showing ongoing and future work
- IRS tax returns for established businesses and a detailed business plan for new businesses.
Large or public companies may be asked to submit additional documents to be given treaty trader status.
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We recognize that immigration and visa applications are major decisions in a person’s life and that they can impact many lives.
That is why we provide the highest care and attention to all of our clients and ensure that they are given all their legal options so that they may make an informed decision about their future and the future of their families.
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