E-1/E-2 Visas

Requirements for Treaty Investor (E-2) Visas

APPLICATION PROCEDURES

Applications must be submitted in a hard-back binder with tabs dividing sections clearly.  Please tab and index your supporting documentation and note the corresponding tab letters/numbers on this form.  To facilitate and expedite adjudication of your case, please highlight corroborating figures in annual reports, financial statements, etc.  Applications received that are not in strict compliance with these requirements will be returned to you for modification will result in delaying your visa application.

Tab A (Table of Contents)

Cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-2 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51) (PDF - 156kb), require the applicant to show:

• that the requisite treaty exists (see N4);
• that the individual and/or business possesses the nationality of the treaty country (see N3);
• the applicant has invested or is in the process of investing (see N4);
• the enterprise is a real and operating commercial enterprise (see N9);
• the applicant's investment is substantial (see N10);
• the investment is more than a marginal one solely for earning a living (see N11);
• the applicant is in a position to develop and direct the enterprise (see N12);
• the applicant, if an employee, is destined to an executive/supervisory position or possess skills essential to the firm's operations in the United States (see N14); and
• the applicant intends to depart the United States when the E-2 status terminates (see N15).

Tab B (Forms)

• The confirmation sheet of the DS-160 (applicants are required to complete the online electronic visa application form DS-160 and submit the confirmation sheet with their application) and form DS-156E (parts 1, 2, and 3). Contact information provided on the DS-160 must include an e-mail address.
• Payment of application fee a bank draft or postal order to the value of $390 or €293 made payable to the U.S. Embassy Dublin.  Please note that the fee must be mailed with the E visa application.
• A self stamped address envelope with €5.50 postage for each passport holder.
• If you are represented by an attorney a completed and signed form G28 must be included.

If the applicant is not an investor but an employee, please include a job letter from the company. This letter should describe:

• the business;
• the nature of the job offer; and
• educational qualifications and work experience relating to the job offer.

Tab C (Applicant Information)

• A color photocopy of the bio data page of the principal applicant's passport and similar copies of any US visas, US entry/exit stamps, and I-94's;
• A copy of any changes or extensions of status granted by USCIS (Form I-797);
• Evidence of the applicant's ongoing residency in the Republic of Ireland (including, as appropriate, a copy of the current lease or mortgage for the applicant's primary residence in the Republic of Ireland; the applicant's most recent pay stub; the most recent school transcript for each child between the ages of 5 and 18 inclusive).
• A resume or curriculum vitae of the principal applicant.
• Signed statement of intent to depart the US upon termination of status.

Tab D (Ownership)

• Articles of Incorporation (for corporations) or Organization (for LLC's) for US business;
• Share certificates and/or operating agreement (as applicable) to verify ownership;

If you have a large company with several owners or subsidiaries or if the chain of ownership includes intermediary entities, please also submit the following:

• An organization chart of the full ownership structure;
• Legal evidence of instances of ownership within that chain;
• Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company.

If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:

• A copy of the most recent Annual Report;
• The Companies House Report;
• An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the London Stock Exchange;
• A copy of the most recent trading information on the stock.

Tab E (Investment)

A complete money trail of the funds invested, including:

• Documentation of the original source of the funds (sale of property, inheritance, loans, earnings, sale of business, etc.);
• Movement of these funds to a U.S. account;
• Use of these funds for qualifying business expenses. Please include 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:

• A signed, dated, valid purchase agreement;
• A binding escrow agreement (see 9 FAM 41.51 N8.1-3 for guidelines) that explicitly says where the money goes if the visa is issued, what happens when it does not, and is signed and dated by all parties. Please cross-reference exactly any relevant purchase agreement;
• Signed, dated, valid lease for business premises, including evidence of payments;
• 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:

• Signed, dated, valid lease for business premises, including evidence of payments;
• Evidence of equipment and/or inventory purchases.

If you are purchasing a franchise, please provide:

• a signed and dated franchise agreement;
• evidence of payment of the franchise fee;
• Investment spreadsheet. Evidence of investment is required, e.g., copies of debits from bank accounts, checks, invoices.

Tab F (Real and Operating)

• Relevant local, state and/or federal licenses;
• Monthly bank statements for current calendar year.

Tab G (Marginality)

• US tax returns for business for the past three years. Taxes must include all statements and schedules. These must be copies of the signed and dated forms actually submitted to the IRS;
• All W-2 and/or 1099s for the last two tax years;
• Profit and loss statements for the current and previous calendar years.

Start-up Business should also provide:

• A business plan that analyzes the local market and competition and gives a 5-year projection of profit and loss. Projections must be backed up by external sources;
• A breakdown of start-up costs necessary for the business to become operational.