Application Instructions for Treaty Investor (E-2) Visa Submissions
In order to speed the processing of E1 visa applications, the Non-Immigrant Visa Unit requires the submission of the applicant’s documentation package a minimum of three weeks prior to the scheduled physical interview. Submission of all required documentation will speed the overall process and reduce the possibility that a decision will be unnecessarily delayed.
All submissions must be organized into the sections below. All sections must be delineated by clear dividers with tabs that stick out from the edges of the page. Divider pages without tabs are not acceptable. If there are more than two documents under one of the numbered tabs, you must subdivide the numbered sections into lettered subsections with tabs.
Getting your documents to the Embassy in Manila
Once your submission is prepared as indicated below, submit it to the Non-Immigrant Visa Unit via AIR21. There are two options for you to initiate this process:
(1) call the AIR21 hotline number (02) 879-4747, available 24 hours a day, 7 days a week, to arrange for document pickup,
or
(2) send the requested documents through any AIR21 drop-off service center nationwide. Please visit www.air21.com.ph for a complete list of service centers.
You should schedule your interview at least three weeks after the expected delivery date of your documents to the Embassy.
To schedule an appointment, follow the procedures here. There are designated interview slots available through the Call Center or VisaPoint for Treaty Trader (E1) visa applicants on Tuesdays and Thursdays only.
Required format and contents:
The cover page and application forms must be loose (unbound to the rest of the package) and placed on top of the submission package.
Application Requirements (unbound underneath cover page and on top of the documents brief in the following order):
All DS-156, 156E, and 157 forms, filled out using the electronic visa application forms. Ensure that a primary contact email address is placed in block 23 on the DS-156; be certain to fill in EVERY block on all forms and sign and date; submit photocopies of the originals of these forms. Additionally, submit a photocopy of your receipt documenting your payment of the visa application fee. Bring the originals of these forms to your scheduled interview.
DO NOT INCLUDE YOUR PASSPORT IN THE PACKAGE.
Dependents-provide copy of marriage certificate for spouse and copies of birth certificates for all children under the age of 21. Staple these to the DS-156 applications of the dependents applicants.
Note: When the dependents of the principal applicant are applying
separately (in a “follow-to-join” scenario), the documentation requirements are less extensive than what is indicated below.
Dependents only need to submit proof of the principal’s current immigration status (including documentation on any adjustment of status) in the United States, and demonstrate that the principal applicant is still employed (by showing recent pay stubs, tax returns, etc.)
E-2 Requirements:
1. Summary
Concise comprehensive brief of relevant facts
Be brief, state exactly and precisely how the enterprise qualifies
Do not waste space with lengthy citation of CFR or FAM texts
Make specific reference to supporting documentation, for example: "The Philippine parent company is owned 100% by the applicant. See organizational documents showing the corporation is authorized to issue 250 shares (tab 3C(i), relevant portion highlighted), and the applicant’s stock subscription agreement and share certificate for 250 shares (tab 3C(ii))."
Comprehensive Index/Table of Contents
2. Nationality of the Individual Beneficiary
Photocopy of the passport biographic page for investor(s)/employee(s) followed by copy for each dependent family member. DO NOT SEND THE ACTUAL PASSPORT.
3. Nationality of the Company/Evidence of Controlling Interest
If your company is an incorporated entity:
Chart of ownership of the enterprise
Articles of Incorporation and certificate of existence/registration from the state/province in which the company is incorporated.
Ownership:
If privately held by a small group of shareholders, submit i) evidence of the total number of shares outstanding, and who holds each, and ii) evidence of the treaty country nationality of the owners of at least 50% of the outstanding stock -OR-
If publicly traded, submit i) notarized statement from a duly authorized corporate officer stating all of the stock exchanges on which the company is traded, ii) the volume of stock traded on each exchange (see 9 FAM 41.51 N3.2), and iii) recently published stock quotations
Please note, for either of the above, if the ownership is traced to another corporate entity (such as a holding or parent company rather than an individual), you must also trace the ownership of the holding company/ies all the way back to the beneficial individual owners
-OR- if your company is a partnership, Joint Venture, LLC, or similar:
Partnership or Joint Venture Agreement
Shares/stock certificates indicating total partnership units issued and outstanding, and to whom they are issued
Please note, for either of the above, if the ownership is traced to another corporate entity (such as a holding or parent company rather than an individual), you must also trace the ownership of the holding company/ies all the way back to the beneficial individual owners
-OR- if your company is a sole proprietorship:
Business Registration
Proof of ownership of business assets (real property, etc.)
Evidence of E-2 company owner’s nationality.
4. Source of Investment
Detailed statement by applicant explaining how funds used in the investment were acquired or accumulated
Debit and credit services for personal and/or business account withdrawals
Documentation demonstrating how funds were acquired or accumulated:
Transactions showing payment of sold property or business (proof of property ownership and promissory notes) and rental income (lease agreements); -AND/OR-
Last three years of personal tax returns; -AND/OR-
Statement from individual providing money to investor as a gift
5. Evidence of Investment
For an existing enterprise:
Purchase agreement
Proof of financing and funds transfer:
Copies of canceled checks or wire transfers from investor for all deposits, partial-payments or transactions paid in full. All loan, promissory or mortgage documents AND security agreement; AND, copies of canceled checks or wire transfer receipts from investor demonstrating consistent payment of financial obligations. A letter from the financer stating all payments are current may also be accepted. Escrow agreement, escrow account statement in the U.S., escrow receipt, if applicable.
-OR- for a new enterprise:
Inventory listing: shipment invoices of inventory, equipment or business related property
Receipts for inventory purchases
Canceled checks or official payment receipts for expenditures
Canceled check for first month’s rent or full annual advance rent payment
Lease agreement
Purchase orders
Improvement expenses
Initial business account statements
6. Marginality
U.S. corporate tax returns
Latest audited financial statement or non-review statement
Payroll register
W2 and W4 tax forms
Business plan (including pro forma financials for the first five year of operations)
7. Real and Operating Commercial Enterprise
Occupational license, business license or business permits
Business transaction records, current/commercial account statements or invoices from suppliers
Advertising leaflets, business brochures or promotional literature
8. If the applicant is an employee of the U.S. enterprise (executive/managerial; and supervisory/essential skills):
Letter from Philippine company providing specific information on the applicant and the reasons for his/her assignment to the U.S. The letter must explain the employee’s role in the U.S. company (job title and duties), the applicant’s executive or supervisory responsibilities or, if not a supervisor, his/her specialist role, the level of education and knowledge required by the employee’s position, his/her employment experience, progression of promotion or high level training or special qualifications and the reasons why a U.S. citizen or legal permanent resident cannot fill the position (if the position is not managerial or supervisory).
Organizational chart showing current staffing pattern at U.S. company that clearly identifies/highlights the intended position of the applicant.
Applicant’s complete resume.
