E VISAS – TREATY TRADER (E1) AND TREATY INVESTOR (E2) VISAS (2024)

E VISAS – TREATY TRADER (E1) AND TREATY INVESTOR (E2) VISAS

Instructions

The document review period fornew E Visa companyapplicationsis3-4 weeksfrom application receipt, due to the current high demand for E visas. Please do not inquire about the status of a case until the 4-week document review period has expired.Completion of the document review is not confirmation that the applicant qualifies for the visa.

Introduction

Treaty Trader visas (E-1) and Treaty Investor visas (E-2) are non-immigrant visas for nationals of a country with which the United States maintains a treaty of friendship, commerce, and navigation.E-visas are for applicants whowish to go to the United States for one of two purposes: to carry out substantial trade, principally between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital (E-2).

The Treaty Trader and Treaty Investor visas were established to facilitate and enhance economic interaction between the United States and other countries. U.S. immigration law explicitly states that E-1 visa holders must enter “solely to carry on substantial trade” and E-2 holders “solely to develop and direct the operations of an enterprise” in which he or she has invested. Moreover, these visas are non-immigrant visas and thus aretemporary.Treaty trader/investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations. Persons wishing to remain indefinitely in the United States should apply for the appropriateimmigrant visa.

Additional information about E visas is available at the Department of State’s websitehere

E VISA PROCESS

Follow the steps below to schedule anE-visaappointment:

1. Fill out the DS-160 applying for the E visa atConsular Electronic Application Center (state.gov).
2. Create an account atOfficial U.S. Department of State Visa Appointment Service | Paraguay | English (usvisa-info.com), selectthe courier location, and paythe visa fee.
3. Sendrequired documents(see packet guidelines below)to the consular sectionatparaguayvisas@state.govand wait for additional instructions. Applicants CANNOT schedule an appointment before getting the approval of the Consular Section to do so.Follow the guidelines below:
   • Subject Line: “Surname, Given Name, Business Name,Type of E Visa (E1/E2)”.
   • Only PDF files are accepted.
   • File should be no larger than20MB.
4. Once the consular section notifies you that your application has been reviewed, you mayschedule anappointmentforinterview.If you schedule an appointment without approval, the interview will be cancelled.If you have any issues with payment or scheduling, emailparaguayvisas@state.gov.
5. On the appointment dateapplicants should bring current and old passports. Also, one 5×5 passport style photograph for each applicant taken on plain white backgroundwithunobstructed facial features and visible ears. Decorative items that could obscure the face are not allowed. Photographs must be from the last six months.

E-VISA PACKETREQUIREMENTS

We will only accept submissions inPDF formatas a single attachment, and the package must beno more than 70 pages. The attachment limit is20MB. We do not accept zip files or online shared folders.

The following documents do not count towards the 70-page limit: forms DS-160, DS-156E, G-28, civil documents, copy of passport bio-page, tabs/dividers.

Please review your submission before sending it to ensure that all documents have been scanned with sufficient resolution and are readable.Submissions that do not meet the above requirements will be returned to the sender and may result in a postponement of the applicant’s interview.To avoiddelaysin processing, provide detailed accounting, including the source of fundingfor your investment.

AVOID THE FOLLOWING

• Pages of hotel and airline booking receipts
• Bank statementsor documentswithoutrelevantentries
• Jargon and buzzwords– the E-visa team may not be familiar with your industry

E-VISAPACKET ORDER

All submissions for new cases or renewals should be organized into tabbed sections comprised of the following documentation:

1. Evidence of payment of visa application fee (MRV fee). For more information on visa fees click on:https://ais.usvisa-info.com/en-py/niv/information/fee
2. DS-160 Form confirmation page for all applicants and dependents.
3. Form DS-156E (587KB PDF) signed by an officer legally empowered to act in the company’s name.
4. A cover letter summarizing the requirements for an E-visa and how the applicant(s) fulfill(s) them. State exactly how the enterprise and applicant qualify. Do not include citations from the Foreign Affairs Manual (FAM) or the Code of Federal Regulations (CFR).
5. Comprehensive Index/Table of Contents.
6. Dependents:A copy of civil documents establishing the relationship between the principal applicant and any dependents (spouse or unmarried child under age 21),e.g.government issued birth and/or marriage certificates, adoption papers, etc. Notarized copies, religious documents, hospital records, and short form birth certificates that do not show parentage do not satisfy this requirement.
7. Supporting documentation as outlined in the Document Checklist below.

E-VISADocument Checklist

Supporting documentation must be bound with sections clearly delineated by in-document dividers. Organized submissions ensure an efficient review of an applicant’s case and reduce the need for clarification that may delay processing.

Please note the 70-page limit and 20MB file size restriction.

The following is a list ofsuggesteddocumentation in the order in which it should be indexed.

I. E-1 and E-2 Proof of Nationality of Investor or Applicant

• Photocopy of passport biographical page
• Evidence of legal status in Paraguay.

II. E-1 and E-2 Ownership Documents (either A, B or C):

• Sole Proprietorship: Business registration documents
• Partnership: Partnership or joint venture agreement Shares/stock certificates indicating total shares issued and outstanding shares.
• Corporation: Shares/stock certificates indicating distribution of ownership,i.e.shares held by each firm and shares held by individual owners.

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

III. E-1 Trade

1. Purchase orders
2. Bills of lading
3. Sales contracts/contracts for services
4. Letters of credit
5. Carrier inventories
6. Trade brochures
7. Insurance papers documenting commodities imported into the U.S.
8. Accounts receivable and accounts payable ledgers
9. i. Client lists
10. Other documents showing international trade is substantial and that at least 51% of the trade is between U.S. and the treaty country. Documents should also show that trade supports an ongoing business entity in the treaty country.

IV. E-2 Investment

a. For an Existing Enterprise: (show purchase price) – Tax valuation or Market appraisal.

b. For a New Enterprise: (show estimated start-up cost) – Trade Association Statistics. Chamber of Commerce estimates. Market Surveys.

c. Source of Investment Example:

• Personal statement of net worth prepared by a certified accountant, OR
• Transactions showing payment of sold property or business (proof of property ownership and promissory notes) and rental income (lease agreements), OR
• Debit and credit advice for personal and/or business account withdrawals, OR
• Audited financial statement, OR
• Net worth statements from certified professional accountant.

d. Evidence of Investment: Existing Enterprise

• Escrow documents, OR
• Signed purchase/sales agreement, OR
• Closing and settlement papers, OR
• Loan or mortgage documents, OR
• Promissory notes, OR
• Financial reports
• Tax returns
• Business account statement for routine operations

e. New Enterprise:

• Inventory listing, shipment invoices of inventory, equipment or business-related property
• Lease agreement
• Purchase orders
• Improvement expenses
• Initial business accounts statements
• Wire transfer receipts

V. E-2 Marginality

a. For Existing Business

• U.S. corporate tax returns
• Latest audited financial statement or non-review statements
• Annual reports
• Payroll register and/or W-2 and W-4 tax forms

b. For New Business

• Payroll register, records of salaries paid to employees (if any), employee data including names, rates of pay, copies of W-2s
• Financial projections for next 5 years, supported by a complete and thorough business plan
• Business income and current corporate tax returns
• Proof of registration, ownership, audited financial and review engagements

VI. E-2 Real & Operating Commercial Enterprise

• Occupational/Business license and/or business permits
• Sales tax receipt
• Utility/telephone bills
• Business transaction records
• Current/commercial account statements
• Invoices from suppliers
• Advertising leaflets
• Business brochures/promotional literature

VII. E-1 and E-2 Executive/Managerial/Supervisory/Essential Skills

• Letter from the E-visa enterprise providing specific information on the applicant and the reasons for his/her assignment to the U.S. The letter should explain the employee’s role in the E-visa company (job title and duties), the applicant’s executive or supervisory responsibilities or, if qualifying as specialized essential knowledge, the exact nature of his/her specialized knowledge and why it is specialized, 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).
• 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.