• Table of contents

• 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.

• 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. 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).

•  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. 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.

• 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. 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.

• 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. 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. 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. 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. 1. A signed and dated franchise agreement; and
   2. Evidence of payment of the franchise fee.

• 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

• DS-160 barcode confirmation page of principal applicant and dependents
• Receipt showing payment
• Completed DS-156E
• Form G-28 if represented by an attorney

• 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

• 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.

• DS-160 barcode confirmation page of principal applicant and dependents
• Receipt showing payment
• Completed DS-156E
• Form G-28 if represented by an attorney

• 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

• 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

• Proof enterprise is operating, including copies of first 5 pages of latest year’s tax returns

• Articles of Incorporation, Articles of Organization or other similar documents
• Share certificates, operating agreements, share ledgers, and other documents to confirm employer’s ownership