Information on E-2 Treaty Investor Visas and the application process

Important Notice: As of August 1 2020, US Embassy Prague ONLY implements an ELECTRONIC PACKET SUBMISSION process for all E visa applicants. Paper submission packets are no longer accepted by the Embassy.  If you believe you qualify for an E-2 visa, you must first register and pay the application fee(s) through our service provider. Please send supporting documents to PragueEvisas@state.gov and submit an appointment request at https://www.ustraveldocs.com/cz/.  After your application has been received and processed, you will be approved to schedule an interview. We strongly encourage E-2 applicants to apply together with their dependents.

How to Apply:

STEP 1
Complete the Nonimmigrant Visa Electronic Application (DS-160) form.

STEP 2
Request and appointment and pay the visa fees here  https://www.ustraveldocs.com/cz/ for yourself and your family members.  Please note that the application fee is nonrefundable.

STEP 3
Email your application and supporting documentation to the Embassy in Prague at PragueEvisas@state.gov.

The E visa package, submitted electronically, should not exceed 7MB (about 100 pages, pdf only). You may use multiple attachments as needed.  Do NOT send “linked” or zipped files.  Please scan documents with a maximum of 300 DPI to keep file size small. Please use the e-mail subject line:
“Surname, Given Name, Business Name, E-2 Visa Application”

All documents must be submitted in English or Czech, and should be germane to the case. Please follow the format instructions carefully.  Incorrectly submitted applications will not be reviewed.

STEP 4
You will receive an email confirming receipt of your package.  If your package is incomplete or incorrectly formatted, it will be returned.

For general questions on E visa processing or specific questions regarding E visa cases submitted, please contact PragueEvisas@state.gov.  Do not inquire about cases that have not exceeded the current average processing time.

STEP 5
Once your application has been reviewed by the E Visa Unit and any requested additional information received, you will receive approval to through online notification system to schedule an interview.

After the interview in Prague, if your case is approved, you will be able to pick up passport(s) and visa(s) on average of ​two business days from the interview date, assuming no additional administrative processing is necessary.

SUBMISSION
Please note that the Embassy does not accept paper applications.  All applications must be emailed electronically to PraguEevisas@state.gov.

Categories for E-Visa submission:

 Tab A
  • Table of contents
Tab B (Forms)
  • DS-160 barcode confirmation pages for principal applicant and family members;
  • Receipt showing payment of the non-refundable application fees;
  • Completed DS-156E (PDF, 225KB) for principal applicant only; and
  • If you will be represented in this matter by an attorney, you must submit Form G-28 “Notice of Entry of Appearance of Attorney as Representative” and should include contact e-mail address and phone number for the attorney.  If your representative is not an attorney, please submit a letter of agreement between the applicant and the representative signed by both parties.
Tab C (Applicant Information)
  • Certificates that demonstrate proof of family relationships and the marital status for each applicant (marriage certificate for spouse and/or birth certificate(s) for minor child/children)
  • Principal applicant’s resume or curriculum vitae;
  • If the applicant is not the business owner but an employee, please include a job letter from the company.  This letter should describe:
    1. the business;
    2. the job the applicant will do; and
    3. his or her qualifications for that job;
  •  Signed statement from the principal applicant of intent to depart the U.S. upon termination of E status; and
  •  If applicable, please provide copies of any changes or extensions of status granted by USCIS (Form I-797).
Tab D (Cover Letter and Additional Documents)
  •  If not addressed in the resume or CV, the cover letter must describe how the enterprise and beneficiary qualify for E-2 status and must include a description of the beneficiary’s specific skills and qualifications. The letter must address all the requirements for E-2 visa eligibility including:
    1.  The investor has made or is in the process of making an at risk, irrevocably committed investment (please note that funds in a bank account do not qualify);
    2. The enterprise is currently operational or will commence operations imminently;
    3. The investment is substantial; and
    4. The investment is more than a marginal one solely for earning a living.
    5. The enterprise has the present or future capacity to generate more than simply enough income for a minimal living for the treaty investor and his or her family (the projected future capacity should be realized within 5 years after business start-up);
  • Documentation that supports the applicant’s expertise and underlines his/her essential skills. This may include any relevant diplomas, job training certificates and/or letters from previous employers.
Tab E (Proof of Ownership) Please demonstrate that nationals of Czech Republic own at least 50% of the business.  U.S. dual citizens or Legal Permanent Residents do not qualify.

  • Articles of Incorporation (for corporations) or Organization (for LLCs) for U.S. business;
  • Share certificates and/or operating agreements (as applicable) to verify ownership;
  • If the firm has several owners or subsidiaries or if the chain of ownership includes intermediary entities, please include the following (as applicable):
    1. An organization chart with names showing the full ownership structure of the entity;
    2. Legal proof of ownership within a respective chain; and
    3. Color photocopies of the bio data page of the passports and the percentage of each unit holder of the definitive parent company;
    4. If the firm is publicly traded with many shareholders (none of which own more than 50%) include:
    5. A written declaration justly authorized by a corporate official stating all of the stock exchanges on which the firm is traded; and
    6.  A copy of recently issued trading information concerning the nationality of the stock’s owners; and
  • If the firm is an incorporated entity outside of the U.S., include a chart of ownership of the enterprise and a certificate of existence/registration from the state/province in which the company is incorporated.
Tab F (Proof of Investment) Treaty Investor applicants are required to provide evidence of investment, e.g.:

  • investment spreadsheet, invoices, cancelled checks and wire transfers with matching invoices, bank statements showing matching debits highlighted; Escrow agreement, escrow account statement in the U.S., and escrow receipt (as applicable).
  • A complete money trail of the funds invested, including:
    1. Documentation of the original source of the funds (sale of property, inheritance, loans, earnings, sale of business, etc.);
    2. Movement of these funds to a U.S. account; and
    3. Use of these funds for qualifying business expenses such as invoices, cancelled checks, and bank statements showing matching debits highlighted.
  • If you are buying an existing business, please provide all of the following that apply in your case:
    1. A signed, dated, valid purchase agreement;
    2. A binding escrow agreement (see 9 FAM 402.9 for guidelines) that explicitly says where the money goes if the visa is issued, what happens when it is not, and is signed and dated by all parties.  Please cross-reference exactly any relevant purchase agreement;
    3. Signed, dated, valid lease for business premises, including evidence of payments; and/or
    4. Evidence of any other funds spent to acquire and set up the business;
  • If you are establishing a start-up, please provide all of the following that apply:
    1. Signed, dated, valid lease for business premises, including evidence of payments; and/or
    2. Evidence of equipment and/or inventory purchases;
  • If you are purchasing a franchise, please provide:
    1. A signed and dated franchise agreement; and
    2. Evidence of payment of the franchise fee.
Tab G (Marginality) maximum of 20 pages, single sided If your business is already operating:

  • Federal tax returns for last 2-3 years from IRS, detailed profit/loss statements for current and previous calendar years, all W-2s, 1099s, and/or payroll invoices

If you have a new business:

  • Concise business plan that analyzes local market and competition and gives a 5-year projection of profit and loss.  Projections should be backed up by external sources.
  • Evidence that the enterprise has the present or future capacity to generate more than enough income for a minimal living for the treaty investor and his or her family. (The projected future capacity should be realized within 5 years after business start-up.)
  • Concise breakdown of startup costs necessary for business to become operational

If you are renewing your E visa, provide the following documentation:

Tab A (Forms)
  • DS-160 barcode confirmation page of principal applicant and dependents
  • Receipt showing payment
  • Completed DS-156E
  • Form G-28 if represented by an attorney
Tab B (Applicant Info)
  • Color photocopy of biodata page of passports and copies of any US visas or entry/exit stamp
  • Copy of any changes or extensions of status granted by USCIS
  • Copy of educational certificates or diplomas
  • Marriage certificate or birth certificate (dependents only)
  • Signed statement of intent to depart upon termination
Tab C (Investment) maximum of 30-40 pages, single sided
  • Letter explaining how enterprise/beneficiary continues to qualify for E2 status addressing all requirements for E2 eligibility
  • Documentation of any ownership changes
  • First 2 pages of corporate tax returns, showing IRS reported sales for 2 years immediately preceding application and most recent income tax return filed.
  • All W-2 and/or 1099s for last two tax years
  • Profit/loss statements for current and previous calendar years

Documentation of any major new investments:

  • If purchased any additional business, provide purchase agreements and closing documents
  • If your business was in escrow and this is your first renewal: submit all closing documents and direct evidence that money was disbursed to seller.

If this is your first E visa, but you are applying to work as an employee for a previously- qualified E visa enterprise, provide the following documentation:

Tab A (Forms)
  • DS-160 barcode confirmation page of principal applicant and dependents
  • Receipt showing payment
  • Completed DS-156E
  • Form G-28 if represented by an attorney
Tab B (Applicant Info)
  • Color photocopy of biodata page of passports and copies of any US visas or entry/exit stamp
  • Copy of any changes or extensions of status granted by USCIS
  • Marriage certificate or birth certificate (dependents only)
  • Signed statement of intent to depart upon termination
Tab C (Employment)
  • Letter explaining company and its requirements of E visa eligibility
  • Letter from employer detailing specific position description, applicant’s qualifications, and or reasoning that employee’s services are essential
  • Employee’s resume or CV
  • Copy of employee’s educational certificates or diplomas
Tab D (Real and Operating)
  • Proof enterprise is operating, including copies of first 5 pages of latest year’s tax returns
Tab E (Ownership)
  • Articles of Incorporation, Articles of Organization or other similar documents
  • Share certificates, operating agreements, share ledgers, and other documents to confirm employer’s ownership

Dependents (spouse and/or minor children) who intend to apply for their E-visas together with the main E-visa applicant should submit their application(s) together. The supporting documentation (DS-160 confirmation page for each dependent, marriage certificate for spouses, and birth certificates for children) must be added to the main applicant’s E-visa supporting documentation package and submitted with said package.

Dependents (spouse and/or minor children) who intend to follow to join the main applicant who is already in possession of a valid E-visa and has been admitted into the U.S. should follow the E-visa application process (described above in detail) and send the supporting documentation (DS-160 confirmation page for each dependent, marriage certificate for spouses, and birth certificates for children) to PragueEvisas@state.gov.

Please note that all dependent E-visa applicants also must pay the E-visa application fee.