These checklists do not address the question of whether or not it is advisable to file a petition in any category.
They are intended for current clients of Curran & Berger LLP who have been referred to this list by staff.



E-2 Visa Investor Checklist

If you have already sent any of the documents to the person preparing your business plan, you do not need to resend them to our office. Please just let us know to contact them for the documents.

 

In order to prepare your E-2 petition, we will need the following:

 

  • Required Information    
  • Biographic documents
  • Business related documents
  • Source of funds documents
  • Investment documents

 

REQUIRED INFORMATION

1. Full legal name and full contact information of U.S. company
2. Main address of business/place of work, and address where you will work
3. Federal tax ID number for U.S. company
4. Year U.S. company was founded
5. Gross and net annual income for U.S. company
6. Total number of employees. Please specify:
Nationals of the treaty country on E, H, and L visas
 U.S. citizens and legal permanent residents and
Other third-country nationals categorized by managerial/executive positions, specialized/essential positions, and all other employees
7. Full legal name and contact information of foreign parent, if any
8. Job title and description of proposed duties for U.S. company
9. Proposed annual salary
10. Complete names, address, date of birth and country of birth of spouse and any dependent children. Please note if your spouse and/or children will be traveling with you.
11. Name, address, telephone and fax number of current employer
12. Job title, brief job description, salary and original start date of current position
13. Name, address, telephone and fax number of current residence
14. List all instances in which you were refused a U.S. visa, including the date and location of referral and type of visa
15. List of all other names used, including maiden, religious, professional and aliases
16. National identification number, if applicable
17. Address where you intend to stay in the U.S.
18. Name, phone number, email, and current address for contact person in the U.S.
19. Current address abroad.

 

BIOGRAPHIC DOCUMENTS

1. Complete copy of current and expired passports
2. Copies of all US visa documents, including I-797 approval notices, I-20s, and DS-2019s
3. Curriculum vitae (CV)
4. Copies of diplomas for college or university education

 

BUSINESS RELATED DOCUMENTS

We will need to provide documentary evidence that you have established your business in the US, that it is a real and operating enterprise, and that it is more than marginal.

1. Valid signed and dated purchase agreement, if applicable
2. Binding escrow agreement, if applicable
3. FEIN registration confirmation
4. Articles of incorporation, partnership agreement, and relevant local, state, and federal licenses as applicable to your business.
5. Brochures, annual reports, websites, catalogs, sales literature etc., as applicable to your business.
6. Latest federal tax return, if available
7. Payroll records, IRS form 941, and/or evidence of other personal assets and income, as applicable.
8. Copies of business bank statements for the previous calendar year

 

SOURCE OF FUNDS DOCUMENTS

We will need to provide documentary evidence of the original source(s) of the invested funds. Below is a list of the documents required for the most common sources.  If your investment is derived from a multiple sources, we will need to document each.

Personal Savings
1. Selection of bank account statements showing the deposit and accumulation of funds over time
2. Pay statements and/or employer letter demonstrating that the funds were derived from lawful employment
3. If the funds were ever transferred between accounts, please provide all statements documenting these transactions
4. Bank transfers and statements showing the path of funds to the US

Sale of Real Estate
1. Title or mortgage paperwork demonstrating ownership
2. Closing documents specifying the net income from the sale
3. Bank statements demonstrating the net income being deposited into the investor's account
4. Bank transfers and statements showing the path of funds to the US

Gift
1. Affidavit or other written evidence describing the nature of the gift. Please consult with your paralegal for an affidavit template.
2. Bank statement demonstrating the gift's arrival in the investor's bank account
3. Bank transfers and statements showing the path of funds to the US

Personal Loan
1. Personal loan agreement, guaranteed by the investor's signature
2. Bank statement evidencing the deposit of the loan amount into the investor's account
3. Bank transfers and statements showing the path of funds to the US

Investment Income
1. Initial account statement for brokerage or other investment account, demonstrating principal investment.
2. Selection of statements demonstrating the appreciation of investments over time
3. Pay statements, employer letter or other evidence documenting the lawful source of the principal investment
4. If the funds were ever traded or transferred, please provide all statements demonstrating this path
5. Statements demonstrating the withdrawal from the brokerage account and subsequent deposit in the investor's account
6. Bank transfers or receipts showing the path of funds to the US

 

INVESTMENT DOCUMENTS

We will need to document that the total invested amount has been or is actively being invested by the US business.

1. Bank account statements, credit card statements, and/or receipts showing the funds being used for business related expenses such as: office supplies, equipment, utilities, rent, insurance, travel, attorneys, accountants, etc.
2. If a portion of the investment is to remain as “working capital” to fund future expenditures, please provide a currently dated bank statement showing those funds in the business bank account.

 

 

Do not send us original documents. You should send us copies or scans of your items and keep the originals in a safe place. If you have sent us an item already, you do not need to send it again. Just let us know if you've already sent it.
You can either e-mail us scanned copies or mail us paper copies. However, we can only accept e-mails up to 25 MB in size. If you need to send us large amounts of information, please create a .zip file.
Feel free to send us your documents as they become available. There is no need to wait until you have everything. We usually can get started with just a few items. If you have any questions, or think that obtaining a necessary document will be difficult, don't hesitate to contact us so we can discuss a plan to move forward.
If a document is not in English, then a certified translation is required. Our firm can order a translation for you at an additional cost, or you can have your document translated and certified using a translation certification statement, signed and notarized.  You may not certify translations of your own documents, nor those of any family member. For a translation certification statement, click here.

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