E-2 Treaty Investor – Best Evidence

Posted November 9, 2017

Section 101(a)(15)(E) of the Immigration and Nationality Act (INA) authorizes E-2 visa classification for the national of a treaty country who “develops and directs the operation of an enterprise in which he or she has invested, or is actively in the process of investing, a substantial amount of capital.”

The following document checklist describes evidentiary documents that typically demonstrate an individual’s or small group of partners’ qualification for E-2 treaty investor status in the United States.  The list is non-exclusive.  Best evidence of investor qualification (items 4 though 6) should be always tailored to the petitioner/investor’s background and proposed investment enterprise.

  1. Previous E-2 petitions submitted (if any), with all supporting documentation and USCIS approval notices.
  2. Primary petitioner’s passport (all stamped pages) and passports of all immediate family members (if any) who seek derivative visas.
  3. Primary petitioner’s electronic I-94 (arrival/departure record), and I-94’s of all such family members.
  4. Documents evidencing petitioner/investor’s personal net worth, including a list and description of investor’s major assets worldwide and available documentation which evidences ownership of:
  • Other valuable property significantly affecting primary applicant’s net worth.
  • Cash savings accounts (bank statements); and/or
  • Pension funds or retirement account statements;
  • Securities or investment account statements;
  • Valuable personal property;
  • Real property

     5. Documents evidencing  petitioner/investor’s U.S. business investment:

  • Description of specific monetary transaction(s) which will comprise the investment, and documents which evidence the transaction, including loan agreements and/or electronic transfer of funds documentation, and statements from source bank and receiving bank;
  • Current business plan containing profit-loss statement or other financial summary, with five (5) year projections and detailed market analysis;
  • Articles of Incorporation/Organization and Bylaws (if incorporated or an LLC);
  • Issued share certificates (if any);
  • All other corporate registration documents, and/or licenses required to do business;
  • Bank statements for previous twelve (12) months, or as long as business has existed;
  • Federal tax returns for previous three (3) years, or as long as business has existed;
  • Fictitious Business Name Statement (if any);
  • IRS form SS-4, indicating federal Employer Identification Number (EIN);
  • Personnel organizational chart, if any employees;
  • Marketing brochures, logos, or advertisements used;
  • Photographs of interior and exterior of office(s) or work facilities;
  • Representative customer list;
  • Copies of recent sales invoices, purchase orders, distribution agreements or other business transactions and/or contracts, or documents evidencing prospective sales;
  • Receipts for capital expenditures, including equipment and/or major supplies purchased;
  • Office or work facility commercial leases, and equipment leases (if any);
  • Business letterhead (at least ten pages).

      6. Documents evidencing petitioner/investor and essential employees’ (if any) qualifications to successfully operate the U.S. investment enterprise:

  • Resume or curriculum vitae;
  • Educational degrees and/or transcripts, if formally educated in the field of enterprise;
  • Professional or vocational certifications in the field;
  • Award, achievements or positive reviews of past work in the field;
  • Employment reference letters for past employment in the same field;
  • For essential employees (beneficiaries of the primary application):
  • a.  Job title and description of duties to be performed;b.
  • b.  Evidence of prior experience in a management or specialized knowledge capacity, including job reference letters and/or vocational training certificates;
  • Organizational chart of all personnel in the enterprise.

This evidence list is general in nature and should be tailored to specific circumstances of the petitioner investment and U.S. business formation transactions.  I have significant experience with E-2 Treaty Investor petitions and would be happy to consult with you on a preliminary basis about the requirements, risks and rewards should you be considering a U.S. business enterprise investment as a vehicle to obtaining E-2 Treaty Investor status in the United States.