Treaty Traders & Investors Visas

Application Documents for Treaty Trader (E-1) Visa

Submitted applications must be one single PDF file clearly divided into sections with a clickable table of contents and with a maximum of 70 pages (excluding the G-28 form). Please do NOT include additional documents that are not specifically requested below. Files of more than 70 pages will not be accepted. Physical files will neither be reviewed nor returned if received.

Confirmation pages from the Online Nonimmigrant Visa Application DS-160, for the principal applicant and each derivative applicant. Copy of receipt of payment of the E visa fee for each applicant.

One copy of Form DS-156E PDF icon. Contact information must include an e-mail address and local phone number. Please ensure that the form is filled out completely.

Biographical pages of the passport of each applicant (page with the name and photo). Please include copies of all prior US visas and approved change of status notices (Form I-797). Please bring your original passport and any prior ones containing U.S. visas with you at the time of the interview.

Proof of relationship with derivative applicants (e.g., marriage, birth, and adoption certificates). Certificates in Urdu must be accompanied by a certified translation.

Cover letter describing company, position, and beneficiary. This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual  and U.S. law. It should address the following in detail:

that the trade is substantial, as defined in 9 FAM 41.51 N6 (to be documented in Tab G/7); and that the trade is occurring principally between the United States and the treaty country, 9 FAM 41.51 N7 (to be documented in Tab H/8); and that the applicant, if an employee, 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 I/9).

Proof of treaty country ownership (at least 50%) and controlling interest in the enterprise. Examples for Corporations include: Articles of Incorporation, stock certificates and ledgers, Secretary of State certificates, other documents of this nature.

Examples for Private Companies include: Articles of Organization/Formation, State Registration of Ownership, construction or environmental permits, and other documents of this nature.

Evidence of substantial trade as defined by 9 FAM 41.51 N6 . This should include:

All Enterprises

A. IRS Form 941 – Pages 1-2 for the four most recent fiscal quarters

B. Enterprise with 10 employees or less

A1. State Wage Record (ex. DE-6 or DE-9C) with names of all employees and quarterly salaries for the four most recent fiscal quarters

B1. USCIS Form I-9 – Pages 7-8 for each employee

If Enterprise (including previous owners) has existed less than one year –

A. Sales invoices

B. Sales contracts

C. Bills of lading

If Enterprise (including previous owners) has existed more than one year – provide the three most recent fiscal years (if applicable)

A. Corporation - IRS Form 1120 – Pages 1-2

B. Foreign Corporation - IRS Form 1120-F – Pages 1-3

C. LLC – IRS Form 1065 – Pages 1-5

D. Private Ownership - IRS Form 1040 + Schedule C – Pages 1-2 of each

Evidence that trade is principally between the US and the treaty country as defined by 9 FAM 41.51 N7 . US customs invoices and/or purchase receipts may be submitted here, as well as a letter from a company officer certifying the followig for the last calendar year:

Percentage breakdown of company trade between

A. Any Pakistan company / U.S. company

B. Pakistan parent company / other countries

C. U.S. company / other countries Include both imports and exports

Include both imports and exports

Applicant’s resumé Organization Chart of business:

A. Showing position in company

B. Showing direct subordinates of PA

C. Identifying any person being replaced

IRS Form 1040 – Pages 1-2 – provide the three most recent fiscal years (if applicable - only for Applicants who have previously worked in the U.S.)

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.

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. 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.

G-28I or G-28 "Notice of Entry of Appearance as Attorney or Representative" (as appropriate), including contact e-mail address and phone number. 

Dependents

Spouses and/or unmarried children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require a derivative E visa.

Family members who do not intend to reside in the United States with the principal visa holder, but wish to visit for vacations only, may be eligible to apply for visitor (B-2) visas.

Spouses and dependents may not work in the United States on a derivative E visa. If your spouse/child seeks employment, the spouse must obtain the explicit authorization to do so from DHS-USCIS in the United States. This authorization must be applied for after their arrival in the United States.

Supporting Documents for Dependents

It is preferred that families apply for their visas at the same time, but if the spouse and/or child must apply separately at a later time, they should apply and directly schedule an interview as per the instructions. On the day of interview, dependent applicants should bring with them:

• Copy of confirmation page of DS-160 for each applicant;

• Proof of the relationship (e.g., family relationship, marriage, basic and adoption certificates). Certificates in Urdu must be accompanied by a certified translation.

• Copy of the principal applicant’s E visa and/or I-797 approval notice, if available

• Dependent’s copy of I-797 if applicable.