E-2 Visa Investment Documents You Need To Submit
E-2 Visa Investment Submission
Documents required for an E-2 visa investment application include the following:
1. Cover Letter
Prepare a comprehensive cover letter outlining the details of the business and the applicant seeking the E-2 visa. This should include the following information:
Requisite treaty existence
Nationality of the treaty country
The investment made or in process
Real and operating commercial entity
Substantial investment
Non-marginal enterprise
Ability to develop and direct the enterprise
Executive/supervisory position or essential skills
Intent to depart the United States upon E-2 status termination
2. Forms
DS-160 Confirmation Sheet (for principal investor applicants and employees)
DS-156E (for E-2 employees)
Payment receipt for the Machine Readable Visa (MRV) fee
Detailed letter describing the applicant’s job, printed on company letterhead, including salary, qualifications, and contact information
Letter of agreement between treaty investor and legal representative (if applicable)
3. Applicant Information
Color photocopy of the principal applicant’s passport (bio data page) and copies of relevant U.S. visas, entry/exit stamps, and I-94s
Copies of any USCIS-issued changes or extensions of status (Form I-797)
Evidence of residence in the country of residence (e.g., lease/mortgage documents, pay stubs)
Resume or curriculum vitae of the principal applicant
Copies of educational certificates, diplomas, and transcripts
Signed statement of intent to depart the U.S. upon the termination of status
4. Business Ownership
Articles of Incorporation (for corporations), Articles of Organization (for LLCs), or similar documents for the U.S. business
Share certificates, Operating Agreements, or other ownership confirmation documents
Organogram of the full ownership structure (if applicable)
Legal evidence of ownership within the ownership chain (if applicable)
Affidavit and trading information (for public companies with multiple shareholders)
5. Investment
Detailed breakdown or spreadsheet of all funds invested in the U.S. venture
Evidence of an investment, such as signed and dated lease, equipment/inventory purchase records, intellectual property documentation, and other relevant expenditure proof
Purchase agreement and escrow agreement (if applicable) for buying an existing business
Franchise agreement, franchise disclosure document, and evidence of franchise fee payment (if applicable)
Documentation of the original source of funds, evidence of funds transfer to the U.S., and financial statements (if funds are from a foreign-based affiliate company)
6. Real and Operating
Relevant licenses, agreements, customer lists, work evidence, marketing materials, or any other documents proving the business is real and active
Evidence of the foreign company’s activity (for affiliate/subsidiary businesses)
7. Marginality
Evidence that the business is more than marginal, including tax returns, profit/loss statements, W-2s, 1099s, and payroll invoices (for established businesses)
Comprehensive business plan, five-year profit and loss forecast, and startup cost breakdown (for new startups)
In addition to the above, other supporting E-2 visa investment documents may be required, such as bank statements, bank records, pay records, ownership of property documents, mortgages or loan agreements, and evidence of borrowing.
It’s important to note that every case is unique, and the specific documents required may vary based on individual circumstances. Consulting with an experienced immigration lawyer is recommended to navigate the E-2 visa investment application process successfully.