Treaty Trader / Treaty Investor Visa

For more information regarding treaty trader / treaty investor visas please click here.

The 1955 U.S.-Iran Treaty of Amity, Economic Relations, and Consular Rights is now terminated. Consequently, the U.S. Department of State no longer has a basis under U.S. law to issue E-1 or E-2 visas to principal applicants who are nationals of Iran. Refunds are not permitted for Iranian E-1 or E-2 applicants with pending applications. Nationals of Iran that are qualified for an E visa under a different treaty or legislation, such as may be the case with Iranian dependents or dual nationals, may still be issued a visa if otherwise eligible under U.S. immigration law. Iranian applicants may apply under a different NIV classification for which they believe they are able to establish eligibility under U.S. immigration law. Iranian applicants that submit new applications and fall within the scope of Presidential Proclamation 9645 and are otherwise eligible for a visa will be duly considered for a waiver.

E visa applicants and their dependents will be able to self-schedule appointments through the visa appointment system. After the appointment has been scheduled, the E visa unit will then contact the applicant for further instructions and for the required documents that are listed below. The required documents must be emailed to EVisasIstanbul@state.gov.
Please do not send any documents until you are instructed to do so by the E visa unit .

Please assemble your package according to the following guidelines:

The maximum size of the package is 5MB (approximately 80 pages).  Oversized attachments most likely will be rejected by our server.  We do not accept zip files or online shared folders.  Please review your submission before sending it to ensure that all documents have been scanned with sufficient resolution and are readable.  Any documents not in English or Turkish must be submitted with certified translations.  Please note, if you submit a translation, you must also submit a copy of the original document.

Please note this important update to Treaty Trader / Treaty Investor Visa application instructions:

If your application is incomplete, you will receive a single email request to submit any missing documents. This will be the only request you receive for any required documents that have not been sent in the initial package.

It is solely the applicant’s responsibility to send any requested documents. The deadline for submission of any missing documents is 5 business days before the date of the visa interview. Any missing documents sent after the submission deadline will not be reviewed before the interview, and the applicant will be required to bring all requested documents to the interview session.

Please note that if missing documents are requested, and not provided before the interview, this may lead to refusal or significant delays in processing your visa.

Please submit all documents designated by category in the order prescribed below.  Submissions that do not meet the above requirements will be returned to the sender, and may result in a postponement of the interview.

 Tab A (Table of Contents)

 Tab B (Forms)

  1. Completed DS-160 confirmation page for all applicants (to include derivatives);
  2. DS-156E for primary applicant only;
  3. Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative (if applicable). Contact information must include an e-mail address and all questions must be answered fully;

Tab C (Applicant Information)

  1. Photocopy of passport biographical page with a minimum of 6 months validity;
  2. Evidence of legal status in Turkey (for non-Turkish applicants);
  3. Certificates that demonstrate proof of family relationships and the marital status for each applicant / vukuatlı nüfus kayıt örneği (marriage certificate for spouse and/or birth certificate(s) for minor child/children under age 21);
  4. A signed and dated statement of intent to depart the United States upon termination of status for the principal applicant;

Tab D (Cover Letter and Business Plan)

  1. A cover letter describing the company, position and beneficiary.  The letter must explain in detail how the enterprise qualifies for E-1 or E-2 status, and include a description of the beneficiary’s specific skills and qualifications;
  2. A business plan with profit/loss projections for the next 5 years. Evidence that the enterprise has the present or future capacity to generate more than enough income for a minimal living for the treaty investor and his or her family within five years;
  3. corporate federal tax returns showing IRS reported sales for the two years immediately preceding the application and the current year’s profit and loss statement (if applicable);
  4. W-2 and W-4 tax forms;
  5. Payroll register, records of salaries paid to employees (if any), employee data including names, rates of pay, copies of W-2s (for new business);

Tab E (Ownership)

  1. If the firm has several owners or subsidiaries or if the chain of ownership includes intermediary entities, please include the following (as applicable):
  2. Proof of ownership shares of the company.  At least 50% of the company must be owned by treaty country nationality for the principal investor/owner;
    1. An organization chart with names showing the full ownership structure of the entity;
    2. Legal proof of ownership (such as incorporation certificate, shares certificate, excerpt from the trade registration) within a respective chain;
    3. Photocopies of only the bio data page of the passports and the percentage of each unit holder of the definitive parent company;
  3. If the firm is publicly traded with many shareholders (none of which own more than 50%) include:
    1. A written declaration justly authorized by a corporate official stating all of the stock exchanges on which the firm is traded;
    2. A copy of recently issued trading information concerning the nationalities of the stock’s owners;
  4. For an E-1 visa, if the firm is an incorporated entity outside of the United States, include a chart of ownership of the enterprise and a certificate of existence/registration from the state/province in which the company is incorporated;

Tab F (Proof of Investment or Trade)

Investment (E-2):

Evidence the applicant has invested or is in the process of investing, such as: contracts; leases; purchase agreements; bank statements; invoices; wire transfers; escrow agreements and receipts (as applicable); and any other evidence showing an irrevocable investment in the U.S. enterprise. Please clearly match and notate corresponding financial documents and receipts for all transactions reflecting transfer of funds.  If the documented path of these transactions is not clearly marked and easily traceable, the package may be returned for additional clarification which could lead to a postponement in your visa interview.

Trade (E-1):

Evidence of the trade activities and that the trade is principally between the treaty country and the United States, if multinational.  Please include documentation of the following: sales invoices; purchase invoices; U.S. bills of lading issued by DHS/CBP; inventory data; insurance papers documenting commodities imported into the U.S.; and any other evidence of continuous trade;

Tab G (Applicant’s Professional Qualifications)

  1. The principal applicant’s résumé or curriculum vitae/CV
  2. Documentation that supports the applicant’s expertise and underlines his/her essential skills. This may include any relevant diplomas, job training certificates and/or letters from previous employers.

 

Treaty traders and investors who have changed status in the United States with USCIS must follow the steps for first-time investors.  Such a change of status remains valid only while the applicant remains in the United States.  Once the applicant has left the United States, he or she requires an E visa to return and resume the running of his or her business.  Change of status does not guarantee the issuance of a visa nor does it exempt the investor from the normal process of filing documents in advance with the U.S. Consulate General in Istanbul.

General Visa Information

 This visa classification applies to Australian nationals traveling to the United States to work temporarily in a specialty occupation.  As the E3 is specific to Australian nationals, more detailed information can be found at http://travel.state.gov/visa/temp/types/types_1286.html 

 Eligibility

  • The applicant is an Australian citizen.
  • The applicant’s stay will be temporary.
  • The applicant has a legitimate offer of employment in the United States for a position qualifies as specialty occupation employment.
  • The applicant has the necessary academic or other qualifying credentials as well as the necessary licenses or other official permissions to practice in the specialty occupation, if required, before beginning employment in the specialty occupation.

Application Procedures: 

E visa applicants and their dependents will be able to self-schedule appointments through the visa appointment system. After the appointment has been scheduled, the E visa unit will then contact the applicant for further instructions and for the required documents that are listed below. The required documents must be emailed to EVisasIstanbul@state.gov.
Please do not send any documents until you are instructed to do so by the E visa unit .

Visa Specific Documents:

  • Form ETA 9035, clearly annotated as “E3 – Australia – to be processed.” Note: This form is the notification of an approved Labor Condition Application (LCA) that the U.S. employer obtains from the Department of Labor (DOL).
  • A job offer letter with salary specifications from the U.S.-based employer, indicating that the applicant will be engaged in a specialty occupation.
  • A certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree or a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation.

A certified copy of any required license or other official permission to practice the occupation in the state of intended employment. If licensure is not immediately necessary upon admission, the applicant will need evidence that the required license will be obtained within a reasonable time after admission.