Cover Letter:

The letter must be printed on company letterhead and outline the company’s qualifications for E-1 status. The letter must address all requirements for E1 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 activities constitute trade within the meaning of INA 101(a)(15)(E);
• Such trade is substantial;
• Such trade is principally between the United States and the treaty country;
• 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-1 status terminates.

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

For renewals of companies: Note any changes in the company since the initial qualification (such as size, nature, ownership, etc.) in the cover letter and submit supporting documentation.

 

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

TRADE

You must demonstrate that the company meets the following trade requirements:

-At least 50% of international trade is between the U.S. and Israel (Please note that if the company applying for registration is a U.S. entity with separate legal status such as a subsidiary or LLC, all trade figures should refer to the E petitioning company )

-The trade is substantial and there is a continuous flow in goods/services:

-The traded goods/services are easily identifiable and traceable.

Please submit the following supporting documents:

• A spreadsheet listing every qualifying transaction of international trade between the treaty countries during the last calendar year.  This table should include the dates of invoices/bills of shipment and wire transfers evidencing payment.  Show in a prominent place the total number and value of these transactions.
• Provide sampling of copies of invoices, and/or U.S. bills of lading/shipment and wire transfer, as summarized in the table proving that the goods or services moved from one country to the other.
• A formal statement from the company’s CPA showing the percentages of all international trade, including trade conducted with third countries (imports/exports) over the last year.

In addition, the following documents are also acceptable.  A cover sheet listing the nature of the documents should be placed before each category:

• Balance sheet: accounts receivable and accounts payable ledgers
• Bank records for the last three months
• Inventory data and insurance papers documenting commodities imported into the U.S.
• Purchase orders, letters of credit, catalogs (only for new companies)

FINANCIAL DOCUMENTS

For evidence of the company’s financial situation, the following documents are acceptable:

• Latest financial annual report  (quarterly statement for the recent year)
• Balance sheet of profit and loss statement for the current year.
• Most recent U.S. tax return for the business (These must be copies of the signed and dated forms actually submitted to the IRS)
• Organization and staffing charts

 

Visa application for the employee:

•  Completed DS-160
•  Evidence of payment of the MRV application fee (payable on the Visa Information Service website)
•  One photograph that meets the specifications
•  Applicant’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)