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

If you are an applicant from a treaty country, the enterprise itself possesses treaty country nationality, and you or the enterprise’s owner has invested or is actively in the process of investing in the US, you may qualify for an E-2 visa. 9 FAM 402.9-6(B). The enterprise must be real and operating. See 9 FAM 402.9-6(C)and the investment must be substantial. See 9 FAM 402.9-6(D).

If you believe you qualify for an E-2 visa, you must first register and pay the application fee(s) through our service provider.

Follow the instructions and submit your application by mail.  After your application has been received and processed, you will be contacted to schedule an interview.

Required Format for E-2 Visa Applications

As of October 1, 2018, U.S. Embassy Prague requires all E Visas applications to follow the formats listed below.   Any application received after Oct 31, 2018 that does not follow the listed instructions will be returned to the applicant.  Please note that applications pages may not be double-sided or include several miniature pages pasted on one page and all applications must be spiral bound.  The Embassy no longer accepts applications sent in three-ring binders, folders, or loose-leaf applications.

Please adhere to the following format in submitting your application. Applications not complying with the format below may not be accepted by the E-visa Unit.  For specific examples of documentation that could satisfy many of the elements below, please see 9 FAM 402.9-11.

First Time Applications

Section A (Forms)

DS-160 barcode confirmation page of principal applicant and dependents

Receipt showing payment

Completed DS-156

Form G-28 if represented by an attorney

Section B (Applicant Info)

Cover letter detailing business

Principal applicant’s resume or CV

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

Section C (Ownership)

Articles of Incorporation, Articles of Organization or other similar documents

Share certificates, operating agreements, share ledgers, and other documents to confirm ownership

 

If the company has several owners, include organization chart with names and ownership structure

·        Photocopies of bio page of each unit holder

·        Legal evidence of ownership within that chain

Section D (Investment) maximum of 40 pages, single sided

A detailed breakdown/spreadsheet of funds invested into venture

·        Signed, dated, valid lease for business and payments

·        Evidence of equipment and/or inventory purchases, intellectual property, or other intangibles invested

·        Any funds spent to acquire and/or set up business

Evidence of how funds invested were acquired

·        Documentation of original source of funds (property sales, inheritance, loans, etc.)

 

If buying existing company, also include:

·        Signed, dated, valid purchase agreement

·        Binding escrow agreement that explicitly states how funds will be distributed, what happens if not, and signed by all parties

 

If purchasing franchise, also include:

·        Signed and dated franchise agreement

·        Copy of franchise disclosure document

·        Evidence of franchise fee payment

Section E (Real & Operating) maximum of 20 pages, single sided

Relevant local, state, and federal licenses

Agreements, contracts, customer lists, or similar documents

Evidence confirming ongoing or future work

Marketing and promotional materials

Monthly bank statements

Tab F (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:

·        Comprehensive business plan that analyzes local market and competition

·        Detailed 5 year profit/loss forecast for business that provides assumptions on which forecast is based

·        Breakdown of startup costs necessary for business to become operational

 

E-2 Application Renewals

Section A (Forms)

DS-160 barcode confirmation page of principal applicant and dependents

Receipt showing payment

Completed DS-156

Form G-28 if represented by an attorney

Section 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

Section 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.

 

E2 Employees (application no more than 50 pages excluding Tabs A-B)

Section A (Forms)

DS-160 barcode confirmation page of principal applicant and dependents

Receipt showing payment

Completed DS-156

Form G-28 if represented by an attorney

Section 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

Section C (Employment)

Letter explaining company and its requirements of E visa eligibility

Letter from employer detailing what the applicant will do, 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

 

Section D (Real and Operating) Proof enterprise is operating, including copies of first 5 pages of latest year’s tax returns
Section 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

 

Submission

Please note that the Embassy does not accept applications sent in 3-ring binders or loose leaf applications.  All applications must be spiral bound.