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Document List for E2 Visas Found in FAM

Document List for E2 Visas Found in  the FAM,
Also known as the Foreign Affairs Manual

9 FAM 41.51 EXHIBIT V SUGGESTED DOCUMENT CHECKLIST – FOR APPLICANTS

The following is a list of suggested documentation that may establish and alien’s eligibility for an E-1 or E-2 visa as described in 9 FAM 41.51 N1.1 and 9 FAM 41.51 N1.2. This is meant as a guide only and is not a list of required documentation. Other information and evidence may be submitted by the visa applicant to satisfy the consular officer that the alien meets the criteria described in 9 FAM 41.51 N1.1 or 9 FAM 41.51 N1.2.

Please tab and index your supporting documentation and note the corresponding tab number on this form. To facilitate and expedite adjudication of your case, please highlight corroborating figures in annual reports, financial statements, etc.

I. Proof of Nationality of Investor or Applicant

Birth Certificate — Citizenship certificate — Photocopy of passport — Evidence of legal status in home country — Other nationality documents —

II. Ownership Documents: (either A, B or C)

A. Sole Proprietorship:

Shares/stock certificates

Shares register indicating total and outstanding shares issued

Minutes of annual shareholders meeting Other Evidence

B. Partnership:

Partnership or Joint Venture Agreement

Shares/stock certificates indicating total shares issued and outstanding shares

Other evidence

C. Corporation:

Shares/stock certificates indicating distribution of ownership, i.e., shares held by each firm and shares held by individual owners corporate matrix

If publicly traded on the principal stock exchange of a treaty country, enclose a sample of recently published stock quotations

Public announcement of corporate acquisition corporate chart showing head office and other subsidiary/branch locations in the U.S.

Other evidence of ownership

III. Trade:

Purchase orders
Warehouse/custom declarations
Bills of lading
Sales contracts/contracts for services

Letters of credit

Carrier inventories

Trade brochures

Insurance papers documenting commodities imported into the U.S.

Accounts receivable & accounts payable ledgers

Client lists

Other documents showing international trade is substantial and that 51% of the trade is between U.S. and the treaty country

IV. Investment:

A. For an existing enterprise:

Tax Valuation Market Appraisal

B. For a New Enterprise:

Trade Association Statistics

Chamber of Commerce Estimates

Market Surveys

C. Source of Investment:

Personal statement of net worth prepared by a certified accountant

Tab No.

(show purchase price)

(show estimated start-up cost)

Transactions showing payment of sold property or business (proof of property ownership and promissory notes) and rental income (lease agreements)

Voided investment certificates or internal bank Vouchers and appropriate bank statement crediting proceeds

Debit and credit advices for personal and/or business account withdrawals

Audited financial statement

Annual report of parent company

Net worth statements from certificate professional accountants

D. Evidence of Investment:
1. Existing Enterprise:
Escrow
Escrow account statement in the U.S. Escrow receipt

Signed purchase agreement Closing and settlement papers Mortgage documents
Loan documents

Promissory notes Financial reports Tax returns

Security agreements

Assumption of lease agreement

Business account statement for routine operations

Other evidence

2. 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 Wire transfer receipts

V. Marginally:

A. For Existing Business:

U.S. corporate tax returns

Latest audited financial statement or non-review statements

Annual reports
Payroll register
W-2 and W-4 tax forms

Canceled checks for salaries paid and/or corresponding payroll account

B. For New Business:

Payroll register, records of salaries paid to employees (if any), employee data including names, rates of pay, copies of W-2’s

Financial projections for next 5 years, supported by a thorough business plan

Business income and corporate tax returns (proof of registration, ownership, audited financial and review engagements)

VI. Real & Operating Commercial Enterprise:

Occupational license
Business license/business permits
Sales tax receipt
Utility/telephone bills
Business transaction records Current/commercial account statements Letters of credit
Invoices from suppliers
Advertising leaflets
Business brochures/promotional literature Newspaper clippings

VII. Executive/Managerial/Supervisory/Essential Skills:

Letter from E-2 enterprise 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 employment experience, progression of promotion or high level training or special qualifications and the reasons why a U.S. citizen or legal permanent

U.S. Department of State Foreign Affairs Manual Volume 9 – Visas

resident cannot fill the position (if the position is not
managerial or supervisory) —

Letter from responsible official at U.S. company or
office identifying the need for assigned employee. —

Organizational chart showing current staffing pattern
at U.S. company —

Evidence of executive, supervisory or specialized
knowledge, education, experience, skills or training,
such as certificates, diplomas or transcripts. —

 

 

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