Treaty Trader Visa E-1

As of October 23, 2017, E-1 visas are processed electronically. We no longer accept applications in binders or hard copies.

Please follow the steps below to submit an application electronically:

Step 1:  Complete the DS-160 Nonimmigrant Visa Application form.

Step 2:  Go to the https://ais.usvisa-info.com/en-mx/niv  website and complete the following application steps to schedule an appointment:

  1. Create a user account
  2. Enter the DS-160 confirmation number for each applicant applying for a visa
  3. Complete the courier document return process
  4. Pay the non-refundable nonimmigrant visa (MRV) application fee(s)
  5. Schedule an appointment for your biometric information to be taken at the Applicant Service Center (CAS)

Step 3: Choose where to apply.  E-1 visas are only processed at Consulates Monterrey and Tijuana.

Step 4: Attend Applicant Service Center (Centro de Atención al Solicitante, or CAS) appointment.

Step 5: Email your complete E visa application package to EVisaDocsMonterrey@state.gov (if you are applying in Monterrey) or TijuanaTreatyTrader@state.gov (if you are applying in Tijuana) AFTER your CAS appointment.  Once your complete package has been received, you will receive an automatic email response from the respective consulate confirming the receipt of your documents.

If you are applying in Tijuana, the Consulate E visa team will contact you after all of your documents have been reviewed to schedule your interview appointment at the Consulate.

If you are applying in Monterrey, your interview date will be scheduled by the Consulate E Visa team. Please note that your interview may be scheduled up to 10 business days after your CAS appointment and only if the e-mail with your application package has been received and is complete.

If you are eligible to receive a visa without an interview, you will receive your visa decision or a request for additional evidence within 5 business days of your CAS appointment.  If the adjudicating officer determines that an interview is required, the consulate adjudicating your application will contact you directly in order to schedule your appointment.

Required Document List for E-1 Application Package – These documents are required of all E-1 principal applicants. 

Please carefully note the following:

  • The documents required for E-1 visa applications, and the order in which they should be organized, are specified below. Please follow these instructions exactly, or we may be unable to process your application.
  • Please use the following email subject line:  Surname, Given Name, Business Name, E-1 Visa Application.
  • You may send multiple attachments or multiple messages as required. We only accept .PDF files. Please do NOT send “linked” or “zipped” files, as we cannot access or open these.
  • If necessary, 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, E-1 Visa Application (1 of 2), etc.
  • Please organize the documents as indicated below. Each tab should be a separate attachment, and should be labeled accordingly. Tabs A through E, submitted electronically, should not exceed 50 pages.

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 visa eligibility as defined by the Foreign Affairs Manual (FAM) and U.S. law. The letter should also address the following points in detail:

  1. That the enterprise is currently operational;
  2. That the trade in question is substantial and ongoing, as defined in 9 FAM 402.9-5(C);
  3. That the trade is occurring principally between the United States and the treaty country as required by 9 FAM 402.9-5(D)
  4. That the applicant, if an employee, will fill an executive/supervisory role or possesses skills essential to the firm’s operations as required by 9 FAM 402.9-7(B) y (C).  If the company has previously qualified for E visa status, please also include the date of the initial visa issuance, and
  5. That the applicant intends to depart the U.S. when his or her E1 status ends.  Please include a letter indicating such.

Tab B: Administrative Documents

This attachment should include:

  1. 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 only include the confirmation page and photo for each applicant or accompanying family member;
  2. 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);
  3. 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;
  4. 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; and
  5. 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 in order 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:

  1. An organization chart clearly indicating the full ownership structure of the entity;
  2. Legal proof of ownership within a respective chain;
  3. Photocopies of the biodata page of the Passports and the ownership percentage of each unit holder of the definitive parent company; and
  4. 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: Evidence of Substantial Trade with the U.S

This attachment should include evidence of substantial trade as defined by 9 FAM 402.9-5(C), as well as evidence that at least fifty (50) percent of the trade is between the U.S. and the treaty country as defined by 9 FAM 402.9-5(D).  To satisfy these requirements, the applicant should submit a Volume of Trade Report covering the last twelve months and/or the last calendar year, as well as the number and date of transactions over the last twelve months.

Applicants should also submit evidence supporting the data on the Volume of Trade Report, which may include pedimentos, CBP forms, bills of lading and invoices, as well as a letter from a company officer certifying the percentage breakdown of company trade between México and the United States, both imports and exports. Sample pedimentos, CBP forms, bills of lading, and invoices submitted should not exceed two per calendar month.

Tab E: Applicant’s Qualifications.

This attachment should include:

  1. Applicant’s résumé, including all relevant educational and work experience; and
  2. A Company organizational chart, including:
  • Applicant’s position in Company;
  • Direct subordinates of principal applicant, if any; and
  • 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).

Tab F:  Financial Documents

This attachment has no page limit and should include:

  1. Last 12 months of banking records;
  2. Last 3 years of financial statements;
  3. The most recent U.S. federal taxes for both the U.S. Company and for applicants who have previously worked in the U.S.

E-1 Dependent Applications – When applying separately from the Principal Applicant:

If you are the spouse or child of an E-1 visa holder who received his or her first E-1 visa in the past six months, please email only 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 to EVisaDocsMonterrey@state.gov (if applying in Monterrey) or TijuanaTreatyTrader@state.gov (if applying in Tijuana).  If the principal trader converted to E-1 status while in the U.S. (for example, if he or she entered the U.S. on a B1/B2 visa and later received E status authorization), please also submit a photocopy ofForm I-797 (Notice of Action) approving the change of status.