Required Document List for E-2 Applications
Please follow these instructions precisely. If the documents do not meet the format and order as described below, it will cause a delay in your application.
The documentation accompanying your E-2 visa application must be divided into the following tabs:
Tab A: Cover Letter
This tab must include a cover letter describing the company and the nature of its business. This letter must address all requirements for E-2 visa eligibility as stated in the Foreign Affairs Manual (FAM) and U.S. law. The letter should also address the following points in detail:
- That the investor has invested or is actively in the process of investing, per 9 FAM 402.9-6(B);
- That the enterprise is currently running or will be running in the immediate future, per 9 FAM 402.9-6(C);
- That the investment is substantial, per 9 FAM 402.9-6(D);
- That the investment is more than a marginal one solely for earning a living, per 9 FAM 402.9-6(E);
- That the applicant is in a position to develop and direct the enterprise as per 9 FAM 402.9-6(F); or, if an employee, will occupy an executive/supervisory position or possesses skills essential to the firm’s operations in the United States;
- That the applicant intends to depart the United States when E-2 status terminates. Please include a statement or letter stating such.
Tab B: Administrative Documents
This tab must include:
- A printed confirmation page from the nonimmigrant visa application DS-160, and one 5×5 cm photo with a white background taken within the last six months. Please include the confirmation page and photo for each applicant and accompanying family member.
- Proof of the marital status of the principal applicant, if applicable, and proof of family relationships (i.e., marriage certificate and birth certificates for spouse and children, if accompanying).
- One copy of form DS-156E. Contact information must include a valid email address. Please ensure that the form is filled out in its entirety.
- If the company has previously qualified for E-visa status, include a copy of the previous E-2 visa.
- Copies of any approved change of status notices (Form I-797) for all extensions obtained in the United States. Please bring your original passport and any prior passports containing U.S. visas with you at the time of the interview.
- Form G-28I or G-28 “Notice of Entry of Appearance as Attorney or Representative” (if applicable), including contact email address and phone number. Please note applicants are not required to use the services of an attorney or professional representative, but this form is required to communicate directly with any such representatives.
Tab C: Company Structure/Ownership
This tab must include proof of treaty country ownership (at least 50%) and controlling interest in the enterprise. Examples of such proof for corporations include articles of incorporation, stock certificates and ledgers, Secretary of State Certificates, or related documents. Examples for private companies include articles of organization/formation, state registration of ownership, or related documents.
If the firm has several owners or subsidiaries, or if the chain of ownership includes intermediary entities, please include the following:
- An organization chart clearly indicating the full ownership structure of the entity.
- Legal proof of ownership within a respective chain.
- Photocopies of the biodata page of the passports and a statement containing the ownership percentage of each unit holder of the definitive parent company.
- If the firm is an incorporated one outside of the United States, a chart of the ownership of the enterprise and a certificate of existence/registration from the jurisdiction where the company is incorporated.
Tab D: Proof of Investment
This tab must include proof that funds have been invested or that the investor is actively in the process of investing as defined by 9 FAM 402.9-6(B). It is important to provide proof of actual purchases and/or signed contracts and leases related to the enterprise, not just wire transfers to a U.S. account. The application must also clearly demonstrate the source of funds being expended.
Evidence of how the funds invested in the U.S. venture were acquired in the form of:
- Documentation of the original source of the funds (e.g., sale of property, inheritance, loans, earnings, sale of business, etc.)
- Evidence that the funds have been moved to the United States (bank statements); and
- If the funds have come from a foreign based parent or affiliate company, a copy of their latest financial statements.
- Escrow documents.
- Wire transfers.
- Lease contracts (must include lease length and start/end dates, property address and size, rental amount, landlord and tenant names, and all required signatures).
- Sales invoices.
- Purchasing agreements (must include buyer and seller names, date of agreement, purchase amount, special conditions).
- Franchise agreement.
Tab E: Proof that the Enterprise Operates
This tab must include proof that the enterprise is currently running or will open its doors imminently as defined by 9 FAM 402.9-6(C). Applicants must also include financial projections for the next five years, which may be included within a business plan. Supporting proof may include, but is not limited to:
- Business licenses.
- Special permits (food, alcohol, etc.).
- Utility bills (electrical, water, etc.).
- Bank statements, sales contracts/invoices.
Tab F: Proof of Substantial Investment
This tab must include evidence that the investment is substantial as defined by 9 FAM 402.9-6(D).
Tab G: Proof that the Investment is More than Marginal
This tab must include evidence that the enterprise is more than marginal as defined by 9 FAM 402.9-6(E). All applicants should also include a business plan for the next five years prepared by a certified C.P.A., including projected expenses and profits. For all new businesses, the plan must verify the capacity of the enterprise to realize a profit within five years.
- Financial statements including balance sheet, profit and loss statement and cash flow statement for the last three years.
- All W-2s, 1099s and/or the last 4 EQFTRs (Form 941) for the last two tax years.
- If the enterprise is already in existence, pages 1-2 of the appropriate federal tax forms for the two most recent years must also be submitted.
Tab H: Applicant’s Qualifications
This tab must include:
- Applicant’s resume, including all relevant educational and work experience.
- A company organizational chart, that includes:
- Applicant’s position in the company.
- Direct subordinates of principal applicant, if any.
- Clear identification of any person being replaced.
- If an applicant is applying as an employee with executive and supervisory responsibility, please provide evidence that he or she meets the criteria outlined in 9 FAM 402.9-7(B).
- If an applicant is applying as an essential employee, please provide evidence that the employee has essential skills that the enterprise urgently needs. You may also wish to explain why the enterprise was unable to find a qualified U.S. citizen or Legal Permanent Resident (LPR) to fill the position. You must address the criteria contained in 9 FAM 402.9-7(C).
E-2 Visa Application Process
You must send the application package electronically to ConsularSouthAfrica@state.gov before we can schedule your interview. Application submission must follow these guidelines:
- All E-2 visa applicants (first time and renewals, including spouse and children) must create a YATRI account (at https://ais.usvisa-info.com ) to pay the visa fee prior to submission of the E-2 visa application package.
- If your E visa application is for a family group, please ensure payments have been made for all family members.
- After the applicant has paid for the E-2 visa fee on Yatri, E-2 visa files must be sent in PDF format using the following format: Location of Post where the applicant is interviewing – E-2 visa application (1 of X) – Surname, Given Name. You may send the documents in more than one email. If so, please indicate the total number of emails in the subject line. For example, “Cape Town – E-2 visa applicant (1 of 2) – Doe, John”. Please do NOT send “linked” or “zipped” files as we cannot access or open these.
- The entire E visa package, submitted electronically, must not exceed 100 single-sided pages. Page numbers should be included on the bottom of each page. The total size of an email cannot exceed 25 MB. If your email does exceed 25 MB, please send more than one email.
- If you are the spouse or child of an E-2 visa holder, please include proof of your relationship to the primary visa holder (i.e. marriage or birth certificate) a copy of the principal visa holder’s E visa and DS-156E, and an intent to depart statement upon termination of status. If the principal applicant converted to E-2 status while in the United States (for example, if he or she entered the United States on a B1/B2 visa and later received E status authorization), please also submit a photocopy of Form I-797 (Notice of Action) approving the change of status.