First Time applicant instructions for a Treaty Trader (E1) or Investor (E2) visa

Instructions for Applying for Non-Immigrant E Visa Status as a Treaty Trader (E-1) or Investor (E-2)

How to Apply

  1. Prepare your E visa application using the instructions and document checklist below.
  2. Complete a  DS-160 application form 
  3. Log on to http://usvisa-info.com/and follow the online instructions to pay the visa fee.
  4. Courier/mail/email your application to the E Visa Unit.
    • Courier – Use the directions on http://usvisa-info.com/
    • Mail – E Visa Unit, U.S. Embassy Dublin, 42 Elgin Road, Ballsbridge, Dublin 4
    • Email:  E1-E2visasdublin@state.gov
      1. Subject Line:  “Surname, Given Name, Business Name, Type of E Visa (E1/E2)”
      2. Only MS Word document or .PDF files are accepted
      3. Files should be no larger than 3MB
      4. Can send application via multiple emails or attachments
  5. Receive confirmation of receipt of application from the E visa unit.
  6. The E visa unit will contact you when your application review is complete, and you can then to schedule an interview.

Preparing the E Visa Application

The maximum size of any E visa application is 80 (40 double-sided) pages.  Over sized applications are not accepted.  Do not include brochures, photographs, or business plans that do not contribute to the value of your application.  The E visa unit evaluates dozens of applications a month.  Please think lean, and submit only what is necessary to establish qualifications.

Tips to establishing E Visa qualification:

  • Lengthy applications take longer to read and contribute to longer processing times.
  • Pages of hotel and airline booking receipts add no value.
  • Stacks of bank statements that do not identify which entries are relevant as costs or earnings also add no value.
  • Avoid jargon and buzzwords.  Explain your trade or investment in clear, simple language.  Remember, the E Visa Unit may not be familiar with your particular industry.
  • Clearly explain the investment.  If you have invested 100,000 U.S. dollars, provide an accounting for that amount in a spreadsheet or other easy to understand format in the cover letter.
  • Clearly identify the source of the funds for your investment.
  • Do not submit documents that are not germane to E visa qualification.  For example, there is no need to establish that Ireland has a qualifying treaty.

The following documents do not count towards the 80-page limit: forms DS-160, DS-156E, G-28, appointment confirmation, civil documents, copy of passport bio-page, tabs/dividers.  All submissions for new cases or renewals should be organized into sections comprised of the following documentation:

  1. Confirmation of payment of the visa fee.
  2. DS-160 form confirmation page for all applicants and dependents.
  3. Form DS-156E (PDF 92KB) signed by an officer legally empowered to act in the company’s name.
  4. If your photograph could not be uploaded online to your DS-160 application form, please provide one 5 x 5 cm color photograph taken within the last six months for each applicant, requirements can be found here.
  5. A cover letter summarizing the requirements for an E-visa and how the applicant(s) fulfill(s) them. State exactly and precisely how the enterprise and applicant qualify. Please do not include lengthy citations from the Foreign Affairs Manual (FAM) or the Code of Federal Regulations (CFR).
  6. Comprehensive Index/Table of Contents.
  7. For each dependent, if applicable: A copy of civil documents establishing the relationship between the principal applicant and any dependents (spouse or child under age 21), e.g. government issued birth and/or marriage certificates, adoption papers, etc. At the interview, we will require the original civil documents. Notarized copies, religious documents, hospital records, and short form birth certificates that do not show parentage do not satisfy this requirement.
  8. Supporting documentation as outlined in the Document Checklist below.

Document Checklist

Supporting documentation must be bound with sections clearly delineated by dividers with tabs. If there are more than two documents under one of the numbered tabs, please subdivide the numbered sections into lettered subsections with tabs. Organized submissions ensure an efficient review of an applicant’s case and reduce the need for clarification that may delay processing.

The following is a list of suggested documentation in the order in which it should be indexed. Additional documents may be requested depending on the circumstances of the case.

I. E-1 and E-2 Proof of Nationality of Investor or Applicant

  • Photocopy of passport biographical page

II. E-1 and E-2 Ownership Documents (either A, B or C):

  • Sole Proprietorship:
    • Business registration documents
  • Partnership:
    • Partnership or joint venture agreement
    • Shares/stock certificates indicating total shares issued and outstanding shares
  • Corporation:
    • Shares/stock certificates indicating distribution of ownership, i.e. shares held by each firm and shares held by individual owners
    • Corporate matrix
    • If publicly traded on the principal stock exchange of a treaty country, enclose a sample of recently published stock quotations

III. E-1 Trade

  • Purchase orders
  • Bills of lading
  • Sales contracts/contracts for services
  • Letters of credit
  • Carrier inventories
  • Trade brochures
  • Insurance papers documenting commodities imported into the U.S.
  • Accounts receivable and accounts payable ledgers
  • Client lists
  • Other documents showing international trade is substantial and that at least 51% of the trade is between U.S. and the treaty country. Documents should also show that trade supports an ongoing business entity in the treaty country.

IV. E-2 Investment

  • For an Existing Enterprise: (show purchase price)
    • Tax valuation
    • Market appraisal
  • For a New Enterprise: (show estimated start-up cost)
    • Trade Association Statistics
    • Chamber of Commerce Estimates
    • Market Surveys
  • Source of Investment:
    • Personal statement of net worth prepared by a certified accountant
    • Transactions showing payment of sold property or business (proof of property ownership and promissory notes) and rental income (lease agreements)
    • Voided investment certificates or internal bank vouchers and appropriate bank statement crediting proceeds
    • Debit and credit advices for personal and/or business account withdrawals
    • Audited financial statement
    • Annual report of parent company
    • Net worth statements from certified professional accountant
  • Evidence of Investment:
  • Existing Enterprise:
    • Escrow documents
    • Signed purchase/sales agreement
    • Closing and settlement papers
    • Loan or mortgage documents
    • Promissory notes
    • Financial reports
    • Tax returns
    • Security agreements
    • Assumption of lease agreement
    • Business account statement for routine operations
  • New Enterprise:
    • Inventory listing, shipment invoices of inventory, equipment or business related property
    • Receipts for inventory purchases
    • Canceled checks or official payment receipts for expenditures
    • Canceled check for first month’s rent or full annual advance rent payment
    • Lease agreement
    • Purchase orders
    • Improvement expenses
    • Initial business accounts statements
    • Wire transfer receipts

V. E-2 Marginality

  • For Existing Business
    • S. corporate tax returns
    • Latest audited financial statement or non-review statements
    • Annual reports
    • Payroll register
    • W-2 and W-4 tax forms
    • Canceled checks for salaries paid and/or corresponding payroll account
  • For New Business
    • Payroll register, records of salaries paid to employees (if any), employee data including names, rates of pay, copies of W-2s
    • Financial projections for next 5 years, supported by a complete and thorough business plan
    • Business income and current corporate tax returns
    • Proof of registration, ownership, audited financial and review engagements

VI. E-2 Real & Operating Commercial Enterprise

  • Occupational license
  • Business License/business permits
  • Sales tax receipt
  • Utility/telephone bills
  • Business transaction records
  • Current/commercial account statements
  • Letters of credit
  • Invoices from suppliers
  • Advertising leaflets
  • Business brochures/promotional literature
  • Newspaper clippings

VII. E-1 and E-2 Executive/Managerial/Supervisory/Essential Skills

  • Letter from the E-visa enterprise providing specific information on the applicant and the reasons for his/her assignment to the U.S. The letter should explain the employee’s role in the E-visa company (job title and duties), the applicant’s executive or supervisory responsibilities or, if not a supervisor, his/her specialist role, the level of education and knowledge required by the employee’s position, his/her employment experience, progression of promotion or high level training or special qualifications and the reasons why a U.S. citizen or legal permanent resident cannot fill the position (if the position is not managerial or supervisory).
  • Letter from responsible official at U.S. Company or office identifying the need for assigned employee.
  • Organizational chart showing current staffing pattern at U.S. Company.
  • Evidence of executive, supervisory or specialized knowledge, education, experience, skills or training, such as certificates, diplomas or transcripts.