Treaty Investor visas (E-2) are nonimmigrant visas for citizens of countries which the United States maintains a treaty of commerce and navigation (9 FAM 402.9-10).  The applicant must be coming to the United States to develop and direct the operations of an enterprise in which the applicant has invested or is in the process of investing a substantial amount of capital (E-2).

Treaty Investor visas were established to facilitate and enhance economic interaction between the United States and other treaty countries.  They were not intended to serve as a means for foreigners to retire or merely reside in the United States.  U.S. law (see paragraph 101(a)(15)(E) of the Immigration and Nationality Act) explicitly states that E-2 holders must enter “solely to develop and direct the operations of an enterprise” in which he or she has invested.  Moreover, these visas are nonimmigrant visas and thus temporary.  Treaty investor visas can be renewed or extended only if the investment 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 appropriate immigrant visa.

Treaty Investors (Owners)

Treaty investors must first register their company with the E-Visa Unit.   To do this, they submit by email, supporting documents as described on the following pages and wait until the company has been reviewed by the E-Visa Unit.  Once the review is complete, the E-Visa Unit will contact the treaty investor to arrange an interview date.

Employees

Employees of registered companies make their appointments through the Apply for a U.S. Visa website.  You do not need to submit any documents in advance.  On the day of the interview you are required to present the documents required for employees.

To Request an Appointment:

Requesting an E visa appointment at Embassy Amman is a three-step process:

Step 1 – Complete the Nonimmigrant Visa Electronic Application (DS-160) form.

Step 2 – Pay the visa application fee.

Step 3 – Submit supporting documents in pdf format to the following e-mail address: AmmanEVisas@state.gov

 

Review

When steps 1 – 3 have been completed and the E-Visa Unit has received the application, the case will then be accepted for review.  The applicant and/or legal representative will receive an email confirming receipt of the case.  At this point, the E-Visa Unit will not accept any unsolicited additional documents.

Cases are reviewed by the E-Visa Unit to ensure that they meet the requirements found in 9 FAM 402.9.   Additional documents may be requested during the review process.  The current review time for each case is 30 business days.  Please plan in advance when considering an application for an E visa, as it is not possible to expedite the case.

Once the review is complete, the applicant or legal representative will be:

• notified that the case has been reviewed; and
• advised of appointment availability.

Applicants must/must attend an interview within three months (90 days) of this initial notification. Cases will not be held longer than 90 business days.

Applications should be submitted in pdf format to: AmmanEVisas@state.gov

Section A (Table of Contents and Cover Letter)

Please provide:

A cover letter describing the enterprise and the applicant.  This letter should address all the requirements for E-2 visa eligibility which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 402.9) and require the applicant to show that the:

• Requisite treaty exists (9 FAM 402.9-4(A));
• Individual and/or business possesses the nationality of the treaty country (9 FAM 402.9-4(B));
• Applicant has invested or is in the process of investing (9 FAM 402.9-6(B));
• Enterprise is a real and operating commercial entity (9 FAM 402.9-6(C));
• Applicant’s investment is substantial (9 FAM 402.9-6(D));
• Investment is more than a marginal enterprise solely for earning a living (9 FAM 402.9-6(E));
• Applicant is in a position to develop and direct the enterprise (9 FAM 402.9-6(F));
• Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operations in the united States (9 FAM 402.9-6(B) and (C)); and
• Applicant intends to depart the United States when the E-2 status terminates (9 FAM 402.9-4(C)).

Section B (Forms)

Please provide:

• DS-160 Confirmation Sheet: All E-2 principal investor applicants and employees are required to complete the DS-160online electronic visa application form and submit their application confirmation sheet.  Contact information provided on the DS-160 should include an e-mail address.
• A copy of the payment receipt showing that the MRV fee has been paid;
• A letter discussing the applicant’s job in detail.  The letter should be printed on the company’s letter head and should describe:
  • the company;
  • applicant’s title and role;
  • Salary, allowances, benefits and other compensation that the applicant will receive;
  • his or her qualifications for that job; and
  • The company’s contact information.
  • If applicable, please submit a letter of agreement between the treaty trader and their legal representative signed by both parties and include contact e-mail address and phone number.

Section C (Applicant Information)

Please provide:

• 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, and I-94s;
• A copy of any changes or extensions of status granted by USCIS (Form I-797);
• Evidence of the applicant’s ongoing residency in Jordan (including, as appropriate, a copy of the current lease or mortgage for the applicant’s primary residence in Jordan; the applicant’s most recent pay stub from Jordan, etc.);
• A resume or curriculum vitae of the principal applicant;
• A copy of educational certificates, diplomas and/or transcripts;and 
• Signed statement of intent to depart the US upon termination of status.

Section D (Ownership)

Please provide:

• Articles of Incorporation (for corporations), Articles of Organization (for LLC’s) or other similar documents for US business;
• Share certificates, Operating Agreement, Share Ledgers or other applications documents to confirm ownership;
• Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company;
• If the U.S. based business is a subsidiary or affiliate of a foreign corporation, provide their relevant incorporation and ownership documents for the business;
• 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:

1. An organogram of the full ownership structure; and
2. Legal evidence of instances of ownership within that chain;

• If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:

1. An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the Amman Stock Exchange; and
2. A copy of the most recent trading information on the stock.

Section E (Investment)

Please provide:

• A detailed breakdown, or spreadsheet, of all funds invested into the U.S. venture;
• Evidence of your investment.  For example:
  • Signed, dated, valid lease for business premises, including evidence of payments;
  • Evidence of equipment and/or inventory purchases;
  • Evidence of intellectual property or other intangibles invested; and
  • Evidence of any other funds spent to acquire and set up the business.
• If you are buying an existing business, please provide all the following that apply in your case:
  • A signed, dated, valid purchase agreement; and 
  • If applicable, a binding escrow agreement (9 FAM 402.9-6(B))that explicitly confirms how the funds will be distributed if the visa is issued, what happens when it not issued, and is signed and dated by all parties.
• If you are purchasing a franchise, please provide:
  • A signed and dated franchise agreement;
  • A copy of your franchise disclosure document; and
  • Evidence of payment of the franchise fee.
• Evidence of how the funds invested into the U.S. venture were acquired in the form of:
  • Documentation of the original source of the funds (sale of property, inheritance, loans, earnings, sale of business, etc.)
  • Evidence that the funds have been moved to the United States; and
• If the funds have come from a foreign based parent or affiliate company, a copy of their latest financial statements.

Section F (Real and Operating)

Please provide:

• Evidence that the business if real and active.  For example:
  • Relevant local, state and/or federal licenses;
  • Agreements, contacts, customer lists or other similar documents;
  • Evidence confirming any ongoing and future work;
  • Marketing and promotional materials; and/or
  • Other documents that will help confirm that the venture is real and active.
• If the business is an affiliate or subsidiary of a foreign company or group, please provide evidence that the foreign company or group is active.  For example:
  • Financial statements;
  • Annual report; and/or
  • Other documents that confirms the foreign company is trading.

Tab G (Marginality)

Please provide:

• Evidence that the business is more than a marginal enterprise;
• If the business is already established and operating, please provide:
  • S. federal tax returns for the business for the last three years.  These must be copies of the signed and dated forms submitted to the IRS;
  • Detailed profit and loss statements for the current and previous calendar years; and
  • All W-2, 1099s and/or payroll invoices for the last two tax years.
• If the business is a new start-up, please provide:
  • A comprehensive business plan;
  • A detailed five year profit and loss forecast for the business.  Also provide the assumptions on which the forecast is based; and
  • A breakdown of start-up costs necessary for the business to become operational.

Renewal applications should be submitted electronically. Please see “How to Apply” for further information.

Please note:  For renewal applications under one year from the initial issuance, submit sections A-D, only if there have been no major changes to sections D-G.  For renewals over one year from the initial issuance, submit A-G.

Section A (Table of Contents and Cover Letter)

Please provide:

A cover letter describing the enterprise and the beneficiary.  This letter should address all the requirements for E-2 visa eligibility which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 402.9) and require the applicant to show that the:

• Requisite treaty exists (9 FAM 402.9-4(A));
• Individual and/or business possesses the nationality of the treaty country (9 FAM 402.9-4(B));
• Applicant has invested or is in the process of investing (9 FAM 402.9-6(B));
• Enterprise is a real and operating commercial entity (9 FAM 402.9-6(C));
• Applicant’s investment is substantial (9 FAM 402.9-6(D));
• Investment is more than a marginal enterprise solely for earning a living (9 FAM 402.9-6(E));
• Applicant is in a position to develop and direct the enterprise (9 FAM 402.9-6(F));
• Applicant, if an employee, is destined to an executive/supervisory position or possess skills essential to the firm’s operations in the united States (9 FAM 402.9-6(B) and (C)); and
• Applicant intends to depart the United States when the E-2 status terminates (9 FAM 402.9-4(C)).

 

Section B (Forms)

Please provide:

• DS-160 Confirmation Sheet: All E-2 principal investor applicants and employees are required to complete the DS-160online electronic visa application form and submit their application confirmation sheet.  Contact information provided on the DS-160 should include an e-mail address;
• DS-156E (for all principal applicant E-2 employees): E-2 employees are also required to complete and submit the DS-156E (PDF).  Please note principal investor applicants are not required to complete the DS-156E;
• A copy of the payment receipt showing that the MRV fee has been paid;
• A detailed letter discussing the applicant’s job in detail.  The letter should be printed on the company’s letter head and should describe:
  • the company;
  • applicant’s title and role;
  • Salary, allowances, benefits and other compensation that the applicant will receive;
  • his or her qualifications for that job; and
  • The company’s contact information.
• If applicable, please submit a letter of agreement between the treaty trader and their legal representative signed by both parties and include contact e-mail address and phone number.

Section C (Applicant Information)

Please provide:

• 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, and I-94s;
• A copy of any changes or extensions of status granted by USCIS (Form I-797);
• Evidence of the applicant’s ongoing residency in Jordan (including, as appropriate, a copy of the current lease or mortgage for the applicant’s primary residence in Jordan; the applicant’s most recent pay stub from Jordan, etc.);
• A resume or curriculum vitae of the principal applicant;
• A copy of educational certificates, diplomas and/or transcripts; and
• Signed statement of intent to depart the US upon termination of status.

 

Section D (Ownership)

Please provide:

• Articles of Incorporation (for corporations), Articles of Organization (for LLCs) or other similar documents for US business;
• Share certificates, Operating Agreement, Share Ledgers or other applications documents to confirm ownership;
• Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company;
• If the U.S. based business is a subsidiary or affiliate of a foreign corporation, provide their relevant incorporation and ownership documents for the business;
• 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:
  1. An organogram of the full ownership structure; and
  2. Legal evidence of instances of ownership within that chain;
• If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
  1. An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the Amman Stock Exchange; and
  2. A copy of the most recent trading information on the stock.

 

Section E (Investment)

• If you operate the same business for which you were last approved, please submit evidence of any major new investments (if any) in the business;
• If you no longer operate the business for which you were approved, you must submit all the documents required of first-time investors; and/or
• If you have purchased any additional businesses, provide the purchase agreements and closing documents.

Section F (Real and Operating)

Please provide:

• Evidence that the business is real and active.  For example:
  • Relevant local, state and/or federal licenses;
  • Agreements, contacts, customer lists or other similar documents;
  • Evidence confirming any ongoing and future work;
  • Marketing and promotional materials; and/or
  • Other documents that will help confirm that the venture is real and active.
• If the business is an affiliate or subsidiary of a foreign company or group, please provide evidence that the foreign company or group is active.  For example:
  • Financial statements;
  • Annual report; and/or
• Other documents that confirms the foreign company is trading.

Section G (Marginality)

Please provide:

• Evidence that the business is more than a marginal enterprise;
  • The U.S. federal tax returns for the business for each year since the E-2 visa was last issued. These must be copies of the signed and dated forms submitted to the IRS;
  • Detailed profit and loss statements for the current and previous calendar years; and
  • All W-2, 1099s and/or payroll invoices for the last tax year.

Employees of Treaty Investor (E-2) businesses are required to bring the following documents to their visa interview:

• Confirmation page of the application form DS-160;
• Completed Form DS-156E: Each E-2 employee applicant is required to fully complete all parts of the DS-156E; 
• Appointment confirmation e-mail;
• A passport or other travel document:  The passport or travel document must be valid for at least six months beyond the holder’s stay in the United States and contain at least one blank page.  If your passport is damaged, we recommend that you obtain a new passport before applying for the visa to avoid any delay in the processing of your application;
• One 5 x 5 cm (2” by 2”) color photograph taken within the last six months;
• Evidence of the applicant’s status in Jordan;
• Evidence of previously issued U.S. visas: If you are no longer in possession of the passport(s) containing the visas, you may advise the consular officer at the time of your interview;
• A detailed job description letter which includes a description of the company; their role in the company; their salary, allowances, benefits and other compensation they will receive; their qualifications for that job; and the company’s contact information;
• Organizational chartreflecting their position in the company with clearly delineating lines of authority;
• A current curriculum vitae or resume;
• A copy of educational certificates, diplomas and/or transcripts;
• A signed and dated statement of intent to depart the United Statesupon termination of nonimmigrant E treaty legal status;
• A photocopy of the I-797 Notice of Actionauthorizing the change of status granted by USCIS if residing in the U.S. without a valid E visa;
• If they have ever been arrested, cautioned, convicted, a police certificate issued by the Jordanian Court;
• If they have a medical condition that could have a bearing on their eligibility for a visa, a letter from their physician which discusses their current state of health;
• If they have been denied entry into or deported or removed from the United States, alldocuments relating to these proceedings. 

Each person applying for a visa is required to furnish the following at the visa interview:

• Confirmation page of the application form DS-160;
• Appointment confirmation page (if relevant);
• A passport or other travel document:  The passport or travel document must be valid for at least six months beyond the holder’s stay in the United States and contain at least one blank page.  If your passport is damaged, we recommend that you obtain a new passport before applying for the visa to avoid any delay in the processing of your application;
• One 5 x 5 cm (2” by 2”) color photograph taken within the last six months: If a photograph has been successfully uploaded to the DS-160, an additional photograph is not required.  If there are any issues with the uploaded photograph, however, a new photograph will be required which may delay visa processing;
• Evidence of their status in Jordan;
• Evidence of previously issued U.S. visas: If you are no longer in possession of the passport(s) containing the visas, you may advise the consular officer at the time of your interview;
• Photocopy of the valid visaissued to the principal E visa holder;
• A signed and dated statement of intent to depart the United Statesupon termination of nonimmigrant E treaty legal status
• Marriage certificate; if applicable;
• Copy of deed poll,if applicable;
• Birth certificates for the child(ren)listing both parents’ names; if applicable;
• Adoption certificatefor the child(ren), if applicable; and 
• If they have ever been arrested, cautioned, convicted, a police certificate from the Jordanian Court;
• If they have a medical condition that could have a bearing on their eligibility for a visa, a letter from their physician which discusses their current state of health;
• If they have been denied entry into or deported or removed from the United Statesdocuments relating to this. 

Spouses and children under the age of 21 who wish to accompany, or follow to join, an E-2 visa holder may apply for derivative E-2 visas.  They need not hold the same nationality as the E-2 visa holder.  Please see 9 FAM 402.9-9.  Children under the age of 14 are required to attend the Embassy in person.