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Treaty Investor (E2)
REQUIRED FORMAT FOR E2 VISA APPLICATIONS By US CONSULATE IN KOREA Applications must be submitted in a binder divided into sections clearly separated by lettered or numbered tabs. A cover letter from the applicant’s representative may be included outside the binder. Applications that do not follow these guidelines will be returned unread. Tab A or 1 A printed confirmation page from the Online Nonimmigrant Visa Application DS-160, one 5X5 cm photo with a white background. A receipt from Shinhan Bank for the visa processing fee, attached to the printed confirmation page. The visa processing fee may be paid at any Shinhan Bank branch in Korea. A receipt showing payment of the visa application fee for each applicant, including each child listed in a parent’s passport who is also applying for a U.S. visa, is needed. Please glue or tape a MRV receipt to the DS-160 Confirmation page Please click here to see an example of the DS-160 Confirmation page. All applicants are required to use the DS-160 Nonimmigrant Visa Application Form. Tab B or 2 If you are applying for an E-2 visa as a Manager, Executive or Essential Employee you must submit, two completed copies of Form DS-156E. Contact information must include an e-mail address and fax number. Please ensure that the form is filled out in its entirety. |
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Tab C or 3
A photocopy of the entire passport of each applicant. Please include copies of all prior US visas and approved change of status notices (Form I-797). Please bring your original passport and any old passports containing U.S. visas with you at the time of the interview. A courier service receipt will be needed to return your passport to you after the visa issuance. Each passport must have a separate courier service form attached. Courier forms are available at the Embassy or courier service offices.
Tab D or 4
A record of the immigration arrivals and departures for each person; and the following documents to prove family relationship. Each certificate must be issued within one month of the application date.
1. The former Family Census Register/Jejeok Deung-Bon (one copy for the entire family)
2. Certificate of Family Relationship (one copy for the entire family)
3. Basic Certificate for each person
4. Marital Status for each person
5. Adoption Certificate for each children
Tab E or 5
Cover letter describing company, position and beneficiary. This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual (http://www.state.gov/documents/organization/87220.pdf) and US law. It should address the following in detail:
• that the investor has invested or is actively in the process of investing, as per 9 FAM 41.51 N8 (to be documented in Tab H/8); and
• that the enterprise is currently running or will open its doors imminently, 9 FAM 41.51 N9 (to be documented in Tab I/9); and
• that the investment is substantial, 9 FAM 41.51 N10 (to be documented in Tag J/10; and
• that the investment is more than a marginal one solely for earning a living, 9 FAM 41.51 N11 (to be documented in Tab K/11); and
• that the applicant will fill an executive/supervisory role or possesses skills essential to the firm’s operations, 9 FAM 41.51 N14 (to be documented in Tab L/12); or
• that the applicant is entering the U.S. solely to develop and direct the enterprise, 9 FAM 41.51 N12 (to be documented in Tab L/12).
If the company has previously qualified for E visa status, please include the date and location of the initial qualification. Also, please include a paragraph concerning the applicant’s unequivocal intent to depart United States when E status ends.
Tab F or 6
Proof of treaty country ownership (at least 50%) and controlling interest in the enterprise. Articles of Incorporation, Stock Certificates and Ledgers, Secretary of State certificates, Minutes of Board of Directors’ meetings showing who the officers are and the distribution of capital and other documents of this nature may be included.
Tab G or 7
Proof of the source of funds. This may include copies of bank books, property deeds, income tax statements and/ or any other relevant documentation.
Tab H or 8
Proof that the funds have been invested or that the investor is actively in the process of investing as defined by 9 FAM 41.51 N8 (see http://www.state.gov/documents/organization/87220.pdf) 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 US account.
Tab I or 9
Proof that the enterprise is currently running or will open its doors imminently as defined by 9 FAM 41.51 N9. (see http://www.state.gov/documents/organization/87220.pdf). Evidence may include annual reports, catalogs, sales literature, news articles, client lists, letters from clients attesting to their involvement with the enterprise, signed contracts with clients, and photographs of the enterprise.
Tab J or 10
Evidence that investment is substantial as defined by 9 FAM 41.51 N10 (see http://www.state.gov/documents/organization/87220.pdf).
Tab K or 11
Evidence that enterprise is more than marginal as defined by 9 FAM 41.51 N11
(see http://www.state.gov/documents/organization/87220.pdf). This should include prior tax returns if the business was purchased from a previous owner, Form 941 and Form I-9 (including proof of legal status) and a business plan for the next five years prepared by a certified C.P.A., including projected expenses and profits. The plan must verify the capacity of the enterprise to realize a profit within a maximum of five years (this is only a requirement for new businesses; it is optional for others).
Tab L or 12
If the applicant is entering the United States as the principal investor, proof that he or she will and is qualified to solely develop and direct the enterprise (9 FAM 41.51 N12)
If the applicant is applying as an employee with Executive and Supervisory Responsibility, evidence that he or she meets the criteria outlined in 9 FAM 41.51 N14.2. This should also include an organizational chart.
If the applicant is applying an essential employee, evidence that employee has essential skills that the enterprise urgently needs, as well as the projected duration of this essentiality. You should include relevant diplomas, job training certificates or letters from previous employers in this section. Please include an organizational chart. You may also wish to explain why the enterprise was unable to find a qualified US citizen or Legal Permanent Resident to fill the position. You should address the criteria contained in 9 FAM 14.51 N14.3
Tab M or 13
G-28I or G-28 "Notice of Entry of Appearance as Attorney or Representative" (as appropriate), including contact e-mail address and phone number.
For questions about E-2 visa, please contact the Law Office of Jimmy Namgyal.
5200 SW Meadows Road, Suite 150
Lake Oswego, OR 97035
Phone: (503)726-1077
Fax:(503)726-5911
Jimmy@namgyallaw.com
www.namgyallaw.com
A photocopy of the entire passport of each applicant. Please include copies of all prior US visas and approved change of status notices (Form I-797). Please bring your original passport and any old passports containing U.S. visas with you at the time of the interview. A courier service receipt will be needed to return your passport to you after the visa issuance. Each passport must have a separate courier service form attached. Courier forms are available at the Embassy or courier service offices.
Tab D or 4
A record of the immigration arrivals and departures for each person; and the following documents to prove family relationship. Each certificate must be issued within one month of the application date.
1. The former Family Census Register/Jejeok Deung-Bon (one copy for the entire family)
2. Certificate of Family Relationship (one copy for the entire family)
3. Basic Certificate for each person
4. Marital Status for each person
5. Adoption Certificate for each children
Tab E or 5
Cover letter describing company, position and beneficiary. This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual (http://www.state.gov/documents/organization/87220.pdf) and US law. It should address the following in detail:
• that the investor has invested or is actively in the process of investing, as per 9 FAM 41.51 N8 (to be documented in Tab H/8); and
• that the enterprise is currently running or will open its doors imminently, 9 FAM 41.51 N9 (to be documented in Tab I/9); and
• that the investment is substantial, 9 FAM 41.51 N10 (to be documented in Tag J/10; and
• that the investment is more than a marginal one solely for earning a living, 9 FAM 41.51 N11 (to be documented in Tab K/11); and
• that the applicant will fill an executive/supervisory role or possesses skills essential to the firm’s operations, 9 FAM 41.51 N14 (to be documented in Tab L/12); or
• that the applicant is entering the U.S. solely to develop and direct the enterprise, 9 FAM 41.51 N12 (to be documented in Tab L/12).
If the company has previously qualified for E visa status, please include the date and location of the initial qualification. Also, please include a paragraph concerning the applicant’s unequivocal intent to depart United States when E status ends.
Tab F or 6
Proof of treaty country ownership (at least 50%) and controlling interest in the enterprise. Articles of Incorporation, Stock Certificates and Ledgers, Secretary of State certificates, Minutes of Board of Directors’ meetings showing who the officers are and the distribution of capital and other documents of this nature may be included.
Tab G or 7
Proof of the source of funds. This may include copies of bank books, property deeds, income tax statements and/ or any other relevant documentation.
Tab H or 8
Proof that the funds have been invested or that the investor is actively in the process of investing as defined by 9 FAM 41.51 N8 (see http://www.state.gov/documents/organization/87220.pdf) 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 US account.
Tab I or 9
Proof that the enterprise is currently running or will open its doors imminently as defined by 9 FAM 41.51 N9. (see http://www.state.gov/documents/organization/87220.pdf). Evidence may include annual reports, catalogs, sales literature, news articles, client lists, letters from clients attesting to their involvement with the enterprise, signed contracts with clients, and photographs of the enterprise.
Tab J or 10
Evidence that investment is substantial as defined by 9 FAM 41.51 N10 (see http://www.state.gov/documents/organization/87220.pdf).
Tab K or 11
Evidence that enterprise is more than marginal as defined by 9 FAM 41.51 N11
(see http://www.state.gov/documents/organization/87220.pdf). This should include prior tax returns if the business was purchased from a previous owner, Form 941 and Form I-9 (including proof of legal status) and a business plan for the next five years prepared by a certified C.P.A., including projected expenses and profits. The plan must verify the capacity of the enterprise to realize a profit within a maximum of five years (this is only a requirement for new businesses; it is optional for others).
Tab L or 12
If the applicant is entering the United States as the principal investor, proof that he or she will and is qualified to solely develop and direct the enterprise (9 FAM 41.51 N12)
If the applicant is applying as an employee with Executive and Supervisory Responsibility, evidence that he or she meets the criteria outlined in 9 FAM 41.51 N14.2. This should also include an organizational chart.
If the applicant is applying an essential employee, evidence that employee has essential skills that the enterprise urgently needs, as well as the projected duration of this essentiality. You should include relevant diplomas, job training certificates or letters from previous employers in this section. Please include an organizational chart. You may also wish to explain why the enterprise was unable to find a qualified US citizen or Legal Permanent Resident to fill the position. You should address the criteria contained in 9 FAM 14.51 N14.3
Tab M or 13
G-28I or G-28 "Notice of Entry of Appearance as Attorney or Representative" (as appropriate), including contact e-mail address and phone number.
For questions about E-2 visa, please contact the Law Office of Jimmy Namgyal.
5200 SW Meadows Road, Suite 150
Lake Oswego, OR 97035
Phone: (503)726-1077
Fax:(503)726-5911
Jimmy@namgyallaw.com
www.namgyallaw.com
The information on this website is for informational purpose only. It is not legal advice. This website may be considered advertising under Oregon State Bar rules. You should not make hiring decisions solely based on advertisement.