E1, E2 Visas

Special Treaty Trader/Investor (E) VISA NOTICE

Effective January 1, 2007, E visa processing in Italy has been consolidated at the Consulate General in Milan and the Consular Section of Embassy Rome. The Consulates General in Florence and Naples are not accepting Treaty visa applications since January 1, 2007. Applicants for E visas previously wishing to apply in Florence or Naples must forward their application packets to Embassy Rome for processing.

For applicants in the Florence, Naples and Rome Consular districts, E Visa application packets can be mailed or couriered to the Rome Consular Section at the following address:

E Visa Processing
c/o Non-Immigrant Visa Unit
Consular Section
U.S. Embassy Rome
via V. Veneto, 121
00187 Roma

Applicants in the Milan Consular district should direct application packets to:

E Visa Processing
c/o Non-Immigrant Visa Unit
U.S. Consulate General Milan
Via Principe Amedeo, 2/10
20121 Milano

All E visa applicants will be notified when the application packet is received.

Inquiries regarding pending E visa applications, or questions regarding E visa processing in Rome or Milan can be directed to RomeEvisas@state.gov or MilanEvisas@state.gov

Section 101(a)(15)(E) of the Immigration and Nationality Act provides nonimmigrant visa status for a national of any of the countries with which the United States maintains an appropriate treaty of commerce and navigation, who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is actively in the process of investing substantial amount of capital.

Requirements for a Treaty Trader (E-1) nonimmigrant visa

• The applicant must be a national of a treaty country.
• The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country.
  Note: At least 50% of the ownership of the company must have the nationality of the treaty country. Local permanent resident aliens do not qualify as majority holders of US companies for E visa purposes.
• The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade.
• The trade must be principally between the United States and the treaty country, which is defined to mean that more than 50% of international trade involved must be between the United States and the country of the applicant’s nationality.
• Trade means the international exchange of goods, services and technology. Title of the trade items must pass from one party to other.
• The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

Requirements for a Treaty Investor (E-2) nonimmigrant visa

• The Investor, either a real or corporate person, must be a national of a treaty country.
• The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in high-cost enterprise.
• The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
• The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States.
• The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with assets of the investment enterprise are not allowed.
• The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive or highly specialized skills capacity. Ordinary skilled and unskilled workers do not qualify.

To apply for a Treaty Trader (E-1) or a Treaty Investor (E-2) visa, an applicant must first establish that the trading enterprise or investment enterprise meets the requirements of the law. The consular officer will provide the applicant with special forms for this purpose. Each applicant must submit a nonimmigrant visa application form to establish his or her entitlement to the visa status.

Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise. Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative visas in order to accompany the principal alien. The spouse of an Evisa holder may apply to DHS for employment authorization. Dependent children of an E visa holder are not authorized to work in the United States.

TO PROCESS YOUR E1/E2 VISA YOU MUST PRESENT THE FOLLOWING DOCUMENTATION

• BNL receipt of payment of the non-refundable Machine Readable Visa application fee.
• The completed visa application form DS-156 and DS-157 (when applicable).
• The completed nonimmigrant treaty trader/investor visa application form DS156E, supplement to form DS-156.
• A passport valid for travel to the United States. If more than one person is included in the passport, each individual desiring a visa must make a separate application;
• One passport size photo for each visa applicant, including infants (see the "Photo Requirements" webpage).
•  * Recent bank statement of the U.S. company.
•  * Local business or Occupational Licenses of the U.S. company.
•  * Income or sales tax returns of the U.S. company.
•  * Share Certificates of the U.S. company establishing foreign ownership.
•  * Documentary evidence as to active business operations by the U.S. company; this may consist of company brochures, contracts, deeds, invoices etc.
•  * For E-1 visas six months of invoices showing trade between the U.S. and Italy.
•  * Copy of the W-2 form for each employee.
•  * If applicant is an employee (and not an owner) evidence that he/she is destined to fill an executive or supervisory position.

NOTE: All documents marked with an asterisk ( * ) must be in English or translated into English.

ATTENTION: The most common reason causing delays in processing Treaty Trader and Treaty Investor visa applications is the failure to submit a Banca Nazionale del Lavoro receipt for the Machine Readable Visa fee payment. Cases submitted without this receipt are not examined or processed until the Machine Readable Visa fee payment receipts are received.