E-2 Visa

Checklist of information required for E-2 visa

Evidence That the U.S. Company Is, or Will Be, an Established Business

This can be shown by providing the following information:

• The Articles of Incorporation and Bylaws for the U.S. Company.
• Copies of share certificates showing ownership of corporations.
• A copy of the U.S. Company’s employer tax identification number.
• Evidence that the U.S. Company has opened a bank account in the United States.
• Occupational licenses and other related permits.
• A copy of the lease/sublease for the U.S. company's office and/or warehouse space, and photographs (inside and outside) of this space.
• A copy of the U.S. Company’s business plan, if available.
• An organizational chart for the U.S. company that shows the management structure of the company (i.e., the job title, job description and expected salary of each current and anticipated employee).
• Copies of I-9 forms, W-2 forms, copies of checks issued for wages and salaries for employees and/or State wage tax forms.

1. Evidence That the U.S. Company Will Be Sufficiently Funded

This can be done by either placing an initial investment in the U.S. company's bank account; or by preparing a letter of credit or some other similar form of financial commitment from the foreign company to the U.S. company. This will also show that the foreign national can afford to invest in the U.S. company (i.e., pay the start-up costs associated with the U.S. company such as rent, salaries and other direct overhead expenses).

2. Evidence that the Foreign National's Investment Is More Than "Marginal"

A "marginal" investment is one in which the foreign national expects to only earn enough to support him/herself (i.e., that the foreign national intends to live off the income from his or her investment). This is one of the most difficult items to show. In order to show that a U.S. investment is not marginal, the foreign national must show that (s)he does not need the monies earned from his or her U.S. investment to pay for his or her day-to-day living expenses. This can be shown that the foreign national has sufficient funds to live off of, such as other investments, other jobs, an inheritance, monies in the bank, etc.

A foreign national can also show that a business is not "marginal" by showing that it historically has or will likely have a positive impact on the U.S. economy (e.g., create jobs for U.S. workers).

3. Evidence That the Foreign National's Duties Will Be Instrumental in Developing and Operating the U.S. Company

A foreign national is not always required to have an active role in the day-to-day operation of a U.S. investment. However, it is always helpful to be able to show this will be the case.