Embassy of the United States

E-2 Treaty Trader/Investor Visas

Below are the formatting instructions for the submission of the E-2 application package.  All E-2 applications must be mailed to the following address:

U.S. Embassy Tbilisi
Consular Section-Non-Immigrant Visa Unit
11 George Balanchine Street
Tbilisi 0131
Georgia

Once the application is received, it will be reviewed by a consular officer.  The non-immigrant visa unit will then contact the applicant(s) to schedule an interview. 

Please be advised that beginning September 4, 2009 all non-immigrant visa applicants are required to pay the non-refundable application fee $131 at any branch of TBC Bank. 

Please bring the following to any branch of TBC-Bank in Georgia during regular business hours:
• passport (must be valid at least another 6 months)
• non-refundable application fee $131 (equivalent to be paid in Georgian Lari (GeL))

Note: If you need a copy of your MRV receipt, please make a photocopy of it prior to coming to the Consular Section. We are not able to make copies of the receipts for visa applicants.

Please note that due to the complex nature of E-2 cases, they can take time to review and process, and the applicant(s) should not expect a final adjudication on the day of the interview.    

Required format and contents

The cover page and visa applications (DS-156, DS-156E, DS-157) must be loose (unbound to the rest of the package) and placed on top of the submission package.  

Visa applications:

DS-156, DS-156E, and DS-157 must filled out using the electronic visa application form directory at: http://travel.state.gov/visa/frvi/forms/forms_1342.html. Tbilisi requires the DS-157 from all visa applicants, regardless of age, gender or other instructions. Enter contact email address in block 23 of the DS-156. Complete EVERY block on the each form, sign and date each form as applicable, and submit only originals. Complete a separate page 3 of the DS-156E for each applicant who is a principal owner/investor or employee of the U.S. enterprise.

5x5cm passport-style photograph on plain white background taken within the last six months, one for each applicant regardless of age or gender, see: http://travel.state.gov/visa/immigrants/types/types_1320.html.

1. Application fee receipt paid in Georgian Lari at TBC-Bank
2. Accompanying family members, only a spouse and unmarried children under 21, photocopy of marriage certificate for spouse and birth/adoption certificates for children. Staple relevant copy to the DS-156 of each family member.
3. A signed statement regarding the temporary or nature of the principal applicant's intended stay in the U.S., stapled to the principal applicant's DS-156E.

Please organize the tabbed exhibits following the number/letter outline below. You must submit all of the documents noted here, unless otherwise indicated.

E-2 Requirements

1. Summary: Concise comprehensive brief of relevant facts. Be brief, state exactly and precisely how the enterprise qualifies. Do not waste space with lengthy citation of CFR or FAM texts. Make specific reference to supporting documentation, for example: "The Georgian parent firm is 100% owned by the applicant… The firm is authorized to issue 250 shares (tab 3C(i), relevant portion highlighted)… The applicant's stock subscription agreement and share certificate for 250 shares (tab 3C(ii))…"

2. Comprehensive Index/Table of Contents

3. Nationality of the Principal Applicant: Photocopy of the passport biographic page or landed immigrant card of principal applicant.

4. Nationality of the Firm/Evidence of Controlling Interest:

If the firm is an incorporated entity:

• Chart of ownership of the enterprise;
• Articles of incorporation and certificate of existence/registration from the state/province in which the company is incorporated.

If the firm is privately held by a small group of shareholders:

• Evidence of the total number of shares outstanding, and name/nationality/percentage of each shareholder.

If the firm is publicly traded:

• Notarized statement from a duly authorized corporate officer stating all of the stock exchanges on which the firm is traded;
• Volume of stock traded on each exchange (see 9 FAM 41.51 N3.2);
• Recently published stock quotations.

If the firm is a partnership, joint venture or LLC:

• Partnership or Joint Venture Agreement;
• Shares/stock certificates indicating total partnership units issued and outstanding, and name/nationality/percentage of each unitholder.

If the firm is a sole proprietorship:

• Business Registration;
• Proof of ownership of business assets (real property, etc.)

.
If the ownership is traced to another corporate entity (such as a holding or parent company rather than an individual), also trace the ownership of the holding company(ies) all the way back to the individual owners.

5. Source of Investment Funds:

• Detailed statement by applicant explaining how funds used in the investment were acquired or accumulated;
• Debit and credit invoices for personal and/or business account withdrawals;
• Evidence demonstrating how funds were acquired or accumulated e.g.:
• Transactions showing payment for sold property or business (proof of property ownership and promissory notes);
• Rental income (lease agreements);
• Last three years of personal tax returns.

6. Evidence of Investment:

For an existing enterprise:

• Purchase agreement;
• Proof of financing and funds transfer, e.g.:
• Copies of canceled checks or wire transfers from investor for all deposits, partial-payments or transactions paid in full;
• All loan, promissory or mortgage documents AND security agreement; AND
• Copies of canceled checks or wire transfer receipts from investor demonstrating consistent payment of financial obligations. A letter from the financer stating all payments are current may also be accepted
• Escrow agreement, escrow account statement in the U.S., escrow receipt, if applicable

For a new enterprise:

• Inventory listing;
• Shipment invoices of inventory, equipment or business related property;
• Receipts for inventory purchases;
• Canceled checks or official payment receipts for expenditures;
• Canceled check for first month's rent or full annual advance rent payment;
• Lease agreement;
• Purchase orders;
• Improvement expenses;
• Initial business account statements.

7. Marginality:

• U.S. corporate tax returns;
• Latest audited financial statement or non-review statement;
• Payroll register;
• W2 and W4 tax forms;
• Business plan (including pro forma financials for the first five years of operations).

8. Real and Operating Commercial Enterprise:

• Occupational or business license or permits;
• Business transaction records, current/commercial account statements or invoices from suppliers;
• Advertising leaflets, business brochures or promotional literature
• Photocopy of website pages.

9. If the principal applicant is an employee of the U.S. firm, either executive/managerial or supervisory/essential skills:

• Letter from Canadian parent firm explaining the employee's role in the U.S. firm (job title and duties);
• Executive or supervisory responsibilities or, if a specialist role, level of education and knowledge required by the position;
• Employment experience, progression of promotion or high level training or special qualifications; Employee's complete resumé;
• Reasons why a U.S. citizen or legal permanent resident cannot fill the position, if the position is supervisory/essential skills related;
• Evidence of E-2 owners' nationality and immigration status in the U.S.