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.

Invest Confidently And Bring Your Family To The USA With The Perfect Franchise.

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