The letter must be printed on company letterhead and outline the company’s qualifications for E-2 status. This letter must address each requirement for E-2 visa eligibility as defined by the Foreign Affairs Manual, 9 FAM 402.9.

• The requisite treaty exists;
• The individual and/or business possesses the nationality of the treaty country;
• The applicant has invested or is in the process of investing;
• The enterprise is a real and operating commercial enterprise;
• The applicant’s investment is substantial;
• The investment is more than a marginal one solely for earning a living;
• The applicant, if an employee, is destined to an executive/ supervisory position or possesses skills essential to the firm’s operations in the United States; and
• The applicant intends to depart the United States when the E-2 status terminates.

G-28: Notice of Entry of Appearance as attorney or accredited representative

 

Table of Contents: Identify the documents provided and their location in the application.

Complete Form DS-156E with the three parts –  the form must be filled out in its entirety .  Please answer all the questions and do not write “see attached” in response to any question.

OWNERSHIP

The treaty investor must, whether an individual or business, possess the nationality of the treaty country. The nationality of a business is determined by the nationality of the individual owners of that business. Therefore, you must submit proof of the company’s ownership (1) and of the applicant’s nationality (2).

1. DOCUMENTATION DEMONSTRATING PROOF OF THE COMPANY’S OWNERSHIP:    

You must submit evidence that the company is at least 50% owned by nationals of the treaty country. U.S. dual citizens or Legal Permanent Residents do not qualify.

In all cases, please submit a formal CPA letter indicating the nature of the company (branch, subsidiary, or partnership), its structure, the ownership distribution, and nationality of shareholders. This letter should be placed at the top of this section. 

For privately owned companies:

Sole proprietorship:

• Certificate of shares/stock
• A Shareholder Register record indicating total and outstanding shares issued.
• Minutes of annual shareholders meeting.
• Color photocopy of the bio data page of the owner’s passport.

Partnership:

• Partnership or joint venture agreement.
• Shares/stock certificates indicating total shares issued, outstanding shares, and the percentage of each unit holder of the company.
• Color photocopies of the bio data page of the passports for each owner

Corporations that are ultimately owned by other Israeli companies or by a consortium:

If the firm has several owners or subsidiaries or if the chain of ownership includes intermediary entities, please submit:

• An organization chart with names, showing the full ownership structure of the entity and legal proof of ownership within a respective chain. The chart should indicate each owner’s nationality.

• A translated copy of the Company Registrar from the Israeli Ministry of Justice, detailing the shareholders’ names and percentage of stock owned.

• Documentation identifying the ultimate shareholders by nationality such as share certificates and/or operating agreements (as applicable) must be submitted to verify the company’s ownership.

• Color photocopy of the bio data page of each individual owner’s passport until the ultimate shareholder.

For companies that have been incorporated in the U.S.:

• If a company has been incorporated in the U.S., please submit certificate/articles of incorporation, in addition to the applicable documents as listed above.

For public Companies:

• A report from TASE evidencing the enterprise is a public company and submit a statement from a CPA stating the amount of stock traded at any stock exchange. (Note: To the extent that a certain percentage of a company’s stock is traded on the TASE, the nationality of the shareholders of that stock may be assumed to be Israeli. Unlike stock exchanges, the nationality of owners of mutual funds are not assumed to be Israeli).

• If the company is a Public Limited company, attach a translated copy of the Company Registrar from the Israeli Ministry of Justice, detailing the shareholders’ names and percentage of stock owned privately and a color photocopy of the bio data page of each individual owner’s passport until the ultimate shareholder.

2. PROOF OF APPLICANT’S NATIONALITY:  

Documents to prove nationality may include a copy of a valid passport

INVESTMENT

The investment must be substantial and proportionate to the value of the enterprise,

to ensure the treaty investor’s financial commitment to the successful operation of the enterprise, and in a magnitude to support the likelihood the treaty investor will successfully develop and direct the enterprise.

New businesses may present start-up costs along with evidence they represent reasonable and actual costs necessary to establish a similarly situated business to the point of being operational.

Please submit the following documents:

· Proof of investment:

a) Bank wire transfers or canceled checks showing transfer of the invested funds into the business account by the individual or the entity requesting treaty investor status.

b) Bank transaction: copies of debits/credits from bank accounts (investor’s account and business account with account owner identifying details)

Funds must be shown to have changed hands directly between the investor and the business.

· Source of investment:

Please submit a money trail of the funds invested:

a) The original source of the funds (sale of property, inheritance, loans, earnings, sale of business, etc.)

b) Movement of these funds to a U.S. account.

· Proof that the funds have been spent/committed:

Please provide evidence the invested funds are used for qualifying business expenses:

a) Proof of the amount spent for purchase of equipment. You should demonstrate that the goods or machinery will be or are currently being used in an ongoing commercial enterprise and not for personal purposes.

b) Invoices, cancelled checks, and bank statements showing matching debits. Please precisely cross-reference any relevant purchase agreement .

c) Signed, dated, valid lease for business premises, including evidence of payments.

d) Evidence of any other funds spent to acquire and set up the business

e) Funds spent on intellectual property: current publishing or manufacturing contracts generated by the asset.

If you are in the process of investing: Investment may be prospective provided the funds are irrevocably committed to the investment, contingent only upon the issuance of the visa. Investment funds may come from any country, including the United States, as long as they are controlled by the investor applicant. You must submit:

-A binding escrow agreement, explicitly indicating where the money goes if the visa is issued, what happens when it is not, and is signed and dated by all parties.

If you are buying an existing business: please provide all of the following that may apply in your case:

-A signed, dated, valid purchase agreement along with evidence of payment.

-If by escrow – submit a binding escrow agreement that explicitly indicates where the money goes if the visa is issued, what happens when it is not, and is signed and dated by all parties. —-Please precisely cross-reference exactly any relevant purchase agreement.

The company overcomes the marginality requirement:

An applicant is not entitled to E-2 classification if the investment, even if substantial, will return sufficient income only to provide a living for the applicant and family. You may wish to submit evidence that the company employs lawful workers. Start-ups should include a copy of the company’s most recent audited annual financial report and balance sheet.

The following evidence may be presented to demonstrate the investment overcomes marginality:

For an existing business:

• W2/W4 forms
• Most recent U.S. corporate tax returns
• Latest financial statement for the recent year
• Annual reports
• Cancelled checks for salaries paid and/or corresponding payroll account.

For a new business:

• Financial projections for the next 5 years, supported by a thorough business plan.
• Payroll register, records of salaries paid to employees (if any), employee data (if any), including names, rates of pay.
• -Audited financial engagements

The commercial enterprise is real and operating:

The enterprise must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity. You may submit the following documents in order to demonstrate the enterprise is real and operating:

• Business license/business permit/ Proof of registration,
• Invoices of sales and evidence of payments received.
• Business account transaction records for the past three months.
• Current/commercial account statements
• Letters of credit (for new companies only)
•  Signed contracts (for new companies)
• Advertising leaflets/business brochures/promotional literatures/newspaper clippings. (for new companies only)

Applicant is in a Position to Develop and Direct the Enterprise  
If the applicant is the investor, they must demonstrate that through ownership or by other means, they are in a position to develop and direct the activities of the enterprise.  The type of enterprise being sought will determine how this requirement is applied.

The file MUST include an Employee’s visa application:

• Completed DS-160
• Evidence of payment of the MRV application fee (payable on the Visa Information Service website)
• One photograph that meets the specifications
• Form DS-156E
• Employee’s Curriculum Vitae
• Letter on company letterhead explaining the reasons why the employee must be in the U.S. and a description of his/her responsibilities
• Photocopy of the bio page of the employee’s passport

Visa application for the dependents:

• Evidence of payment of the MRV application fee (payable on the Visa Information Service website)
• One photograph that meets the specifications
• Photocopy of the bio page of the applicant’s passport
• Evidence of relationship to the principal applicant (marriage or birth certificate)