Embassy of the United States

Non-Immigrant Visas

Renewal of Treaty Investor Visa (E-2)

Applications should be submitted in a binder with tabs dividing sections clearly. If you use plastic sheathes to protect documents, please do not place more than one piece of paper inside each one. Please do not include multiple copies of any document.

 Tab A (Table of Contents)

Include a cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-2 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51), require the applicant to show:

• that the requisite treaty exists (see N4);
• that the individual and/or business possesses the nationality of the treaty country (see N3);
• the applicant has invested or is in the process of investing (see N4);
• the enterprise is real and operating commercial enterprise (see N9);
• the applicant's investment is substantial (see N10);
• the investment is more than a marginal one solely for earning a living (see N11);
• the applicant is in a position to develop and direct the enterprise (see N12);
• the applicant, of an employee, is destined to an executive/supervisory position or possess skills essential to the firm's operations in the United States (see N14); and
• the applicant intends to depart the United States when the E-2 status terminates (see N15).

Tab B (Forms)

• Completed, dated, and signed DS-156 (with photograph attached), DS-157, and DS-156E (parts 1, 2, and 3). Contact information provided on the DS-156 must include an e-mail address.
• Original Receipt for visa application fee for the principal applicant, paid into bankgiro 5452-8948. The receipt must state applicant’s name, amount paid and bankgiro number. Make sure that your bank issues something verifiable with the above information. Internet receipts will not be accepted. Once the company is approved, the fee needs to be paid for each applicant.
• PERSONBEVIS: Ask for a “120-personbevis med alla relationer” from the Swedish tax authorities (skattemyndigheten).
• If you will be represented in this matter by an attorney, you must submit form G-28 "Notice of Entry of Appearance of Attorney as Representative" and should include contact e-mail address and phone number for the attorney. If your representative is not an attorney, please submit a letter of agreement between the investor and the representative signed by both parties.
• If the applicant is not an investor but an employee, please include here a job letter from the company. This letter should describe:
  • the business;
  • the job the applicant will do; and
  • his or her qualifications for that job.

Tab C (Applicant Information)

• A color photocopy of the bio data page of the principal applicant's passport and similar copies of any US visas, US entry/exit stamps. Please also provide a copy of the I-94 for all applicants.
• A copy of any changes or extensions of status granted by USCIS (Form I-797).
• A resume or curriculum vitae of the principal applicant.
• Signed statement of intent to depart the US upon termination of status.

Tab D (Ownership)

• Articles of Incorporation (for corporations) or Organization (for LLC's) for US business.
• Share certificates and/or operating agreement (as applicable) to verify ownership.
• If you have a large company with several owners or subsidiaries or if the chain of ownership includes intermediary entities, please also submit the following:
  • An organizational chart of the full ownership structure;
  • Legal evidence of instances of ownership within that chain;
  • Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company.

• If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
  • A copy of the most recent Annual Report;
  • The Company’s House Report;
  • An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the Swedish Stock Exchange;
  • A copy of the most recent trading information on the stock.

• Explain and document any changes of ownership since last issuance.

Tab E (Investment)

·  If you operate the same business for which you were last approved, submit evidence of major new investment (if any) in the business.

·  If you placed funds in escrow for the initial purchase of your business and this is your first renewal, submit all closing documents and direct evidence (cancelled checks and corresponding debits from bank statements) that the money was disbursed to the seller.

·  If you took out a promissory note, submit proof of regular payments.

·  If you no longer operate the business for which you were approved, you must submit all the documents required of first-time investors.

·  If you have purchased any additional businesses, provide the purchase agreements and closing documents.

Tab F (Real and Operating)

·  Relevant local, state and/or federal licenses

·  Monthly bank statements for the last twelve months for business.

Tab G (Marginality)

·  US tax returns for business for each year since last issuance of the E-2 visa. Taxes must include all statements and schedules. These must be copies of the signed and dated forms actually submitted to the IRS.

·  All W-2 and/or 1099s for the last tax year.

·  Profit and loss statements for the current calendar year.