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E-2 Visa Instructions
13 MINUTE READ
June 9, 2021

E-2 visas are only processed in Mexico City and Ciudad Juarez.

Required Document List for E-2 Applications

Please follow these instructions exactly.  If the documents do not meet the format and order as described below, it will cause a delay in your application.

Tab A: Cover Letter

This attachment should include a cover letter describing the company and the nature of its business. This letter must address all requirements for E-2 visa eligibility as defined by the Foreign Affairs Manual (FAM) and U.S. law. The letter should also address the following points in detail:

  • That the investor has invested or is actively in the process of investing, per 9 FAM 402.9- 6(B);
  • That the enterprise is currently running or will be running in the immediate future, per 9 FAM402.9-6(C);
  • That the investment is substantial, per 9 FAM 402.9-6(D);
  • That the investment is more than a marginal one solely for earning a living, per 9 FAM 402.9-6(E);
  • That the applicant is in a position to develop and direct the enterprise as per 9 FAM 402.9-6(F); or, if an employee, will occupy an executive/supervisory position or possesses skills essential to the firm’s operations in the United States;
  • That the applicant intends to depart the United States when E-2 status terminates. Please include a statement or letter indicating such.

Tab B: Administrative Documents

This attachment should include:

  • A printed confirmation page from the nonimmigrant visa application DS-160, and one 5×5 cm photo taken within the last six months with a white background.  Please include the confirmation page and photo for each applicant and accompanying family member.
  • For first-time applicants, proof of the marital status of the principal applicant, if applicable, and proof of family relationships (i.e. marriage certificate and birth certificates for spouse and children, if accompanying).
  • One copy of form DS-156E. Contact information must include a valid email address.  Please ensure that the form is filled out in its entirety. ·
  • If the company has previously qualified for E visa status, include a copy of the previous E-2 visa.
  • Copies of any approved change of status notices (Form I-797) for all extensions obtained in the U.S.  Please bring your original passport and any prior passports containing U.S. visas with you at the time of the interview.
  • Form G-28I or G-28 “Notice of Entry of Appearance as Attorney or Representative” (only if applicable), including contact email address and phone number.  Please note applicants are not required to use the services of an attorney or professional representative, but this form is required to communicate directly with any such representatives.

Tab C: Company Structure/Ownership

This attachment should include proof of treaty country ownership (at least 50%) and controlling interest in the enterprise.  Examples for corporations include articles of incorporation, stock certificates and ledgers, Secretary of State Certificates, or related documents.  Examples for private companies include articles of organization/formation, state registration of ownership, or related documents.

If the firm has several owners or subsidiaries, or if the chain of ownership includes intermediary entities, please include the following:

  • An organization chart clearly indicating the full ownership structure of the entity
  • Legal proof of ownership within a respective chain
  • Photocopies of the biodata page of the Passports and the ownership percentage of each unit holder of the definitive parent company
  • If the firm is an incorporated entity outside of the United States, a chart of the ownership of the enterprise and a certificate of existence/registration from the jurisdiction where the company is incorporated

Tab D: Proof of Investment

This attachment should include proof that funds have been invested or that the investor is actively in the process of investing as defined by 9 FAM 402.9-6(B). It is important to provide proof of actual purchases and/or signed contracts and leases related to the enterprise, not just wire transfers to a U.S. account. The application should also clearly demonstrate the source of funds being expended.

Proof may be demonstrated by the following (non-comprehensive) list of documents:

  • Escrow documents
  • Wire transfers
  • Lease contracts (must include lease length and start/end dates, property address and size, rental amount, landlord and tenant names, and all required signatures)
  • Sales invoices
  • Purchasing agreements (must include buyer and seller names, date of agreement, purchase amount, special conditions)
  • Franchise agreement

Tab E: Proof that the Enterprise Operates

This attachment should include proof that the enterprise is currently running or will open its doors imminently as defined by 9 FAM 402.9-6(C). Applicants must also include financial projections for the next 5 years, which may be included within a business plan. Supporting proof may include, but is not limited to:

  • Business licenses
  • Special permits (food, alcohol, etc.)
  • Utility bills (electrical, water, etc.)
  • Bank statements, sales contracts/invoices

Tab F: Proof of Substantial Investment

This attachment should include evidence that the investment is substantial as defined by 9 FAM 402.9-6(D).

Tab G: Proof that the Investment is More than Marginal

This attachment should include evidence that the enterprise is more than marginal as defined by 9 FAM 402.9-6(E). All applicants should also include a business plan for the next five years prepared by a certified C.P.A., including projected expenses and profits.

For all new businesses, the plan must verify the capacity of the enterprise to realize a profit within five years. If the enterprise is already in existence, pages 1-2 of the appropriate federal tax forms for the most recent year may also be submitted.

Tab H: Applicant’s Qualifications

This attachment should include:

  • Applicant’s resume, including all relevant educational and work experience
  • A company organizational chart, that includes:
    • Applicant’s position in the company
    • Direct subordinates of principal applicant, if any
    • Clear identification of any person being replaced
  • If an applicant is applying as an employee with executive and supervisory responsibility, please provide evidence that he or she meets the criteria outlined in 9 FAM 402.9-7(B).
  • If an applicant is applying as an essential employee, please provide evidence that the employee has essential skills that the enterprise urgently needs.  You may also wish to explain why the enterprise was unable to find a qualified U.S. citizen or Legal Permanent Resident (LPR) to fill the position. You should address the criteria contained in 9 FAM 402.9-7(C).

To apply for an E-2 visa in Mexico City:

You must send the application package electronically to MexicoCityEvisa@state.gov before we can schedule your interview.  Be aware of the following criteria:

  • Files must be sent in “PDF” format.  You may send the documents in more than one email. If so, please indicate the total number of emails in the subject line, i.e. Surname, Given Name, Business Name, E2 visa application (1 of 2), etc.  Please do NOT send “linked” or “zipped” files as we cannot access or open these.
  • The entire E visa package, submitted electronically, must not exceed 100 single sided pages. The total size of an email cannot exceed 25 MB.  If your email does exceed 25 MB, please send more than one email.
  • If your E visa application is for a family group, please ensure payments have been made for all family members.
  • Under no circumstances should an applicant reschedule or cancel their E visa appointment in the visa appointment system.  If changes are required, you must contact the consular section through the email MexicoCityEvisa@state.gov.
  • If you are the spouse or child of an E-2 visa holder, please email proof of your relationship to the primary visa holder (i.e. marriage or birth certificate) and a copy of the principal visa holder’s E visa.
  • If the principal applicant converted to E-2 status while in the United States (for example, if he or she entered the United States on a B1/B2 visa and later received E status authorization), please also submit a photocopy of Form I-797 (Notice of Action) approving the change of status.

To apply for an E-2 visa in Ciudad Juarez:  

Your documents must be submitted in a three-ring binder of not more than 70 single sided pages.  Incomplete or incorrect submissions will be returned for correction.

  • Binders should be divided into tabs A through H.
  • If you use plastic sheaths to protect documents, do not put more than one piece of paper inside each one.
  • Do not include multiple copies of any document.
  • Your table of contents; cover letter; forms DS-160, DS-156E, G-28; appointment confirmation; civil documents; copy of previous visa; income tax returns; W-2s and/or 1099s and tabs/dividers are exempt from the page limit.
  • Binders are reviewed in the order in which they are received. Binders resubmitted after corrections are considered new submissions.
  • English translation of documents is also acceptable for items required to be submitted in English.
  • Recommended supporting documents template are available for download here.
  • The consular officer may request additional documentation at his/her discretion.
  • Submit supporting documents to either our address in the United States, or our address in Mexico:

United States:
U.S. Consulate General Ciudad Juarez
Nonimmigrant Visa Unit – E2 Visas
P.O. Box 17000
El Paso, TX 79917
*If sending documents from the United States, we strongly recommend using the P.O. Box address.

Mexico:
U.S. Consulate General Ciudad Juarez
Nonimmigrant Visa Unit – E2
Visas Paseo de la Victoria #3650
Ciudad Juarez, Chih. Mexico
C.P. 32543