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My "wish list" is not intended to be all inclusive. Most E-2 visa applications don't have all of the below listed documents. By the way, the information contained in this web site is general and is not intended to substitute for professional advice in specific situations.
The applicant's passport demonstrating that he or she is a citizen of a qualifying country. The passport should be valid for at least six months.
The Form I-94 (Arrival/Departure Record) of the principal applicant verifying current valid nonimmigrant status in the U.S.
Evidence of the existence of the investment enterprise, such as Articles of Incorporation and Bylaws, or Partnership Agreement, Joint Venture agreement, business trust documents, or other documents showing the existence and proper registration of the business.
Evidence that the enterprise is licensed to do business in the locality where it will conduct business; for example, local, municipal, and/or state business licenses. Mere incorporation or formal agreement to do business does not indicate authority to do business in the U.S. Certificates of occupancy or similar registrations are required for most retail establishments; health department approvals are required for restaurants or other establishments where food is handled. If the enterprise premises are not yet constructed, building permits would be appropriate.
Documentation verifying that the applicant has the capability to develop and direct the enterprise.
Market surveys and/or Trade Association surveys establishing the dollar value of similar businesses.
For corporations, include stock certificates issued to the investor and the stock certificate ledger book verifying the number of shares authorized and issued. Note that stock certificates by themselves do not prove control without the complete ledger to show the total shares issued, and the number of those issued to the investor.
If a partnership, the partnership agreement should clearly demonstrate the ownership share of the investor, and the authority to control the enterprise.
If a sole proprietorship, provide evidence of the ownership and control of the business and its assets.
Include the investor's contracts for purchase or lease of premises and/or equipment or other tangible or intangible assets such as a trade name.
Documents demonstrating the nature of the business and its financial condition.
If a new enterprise, a comprehensive business plan (3 to 5 years) including market surveys and/or trade association surveys establishing the dollar value of similar businesses. Photographs of the premises or drawings of the planned facility, leases or real estate purchase agreements for the business premises, escrow agreements , and bank statements.
If a purchase of an existing business, a buy-sell agreement and comprehensive financial statement, business tax returns for the past few years, a lease or lease assumption agreement for the business premises, inventory records, employment records such as Forms 941 or W-3 reports (the employer's consolidated report of employee earnings), bank statements; and escrow agreements (escrow language should relate to E "status," rather than to issuance of an E visa. Acquiring a visa at a U.S. consulate may only be half the battle, one must also be admitted into the U.S. by an INS examiner.)
The documents should clearly show the actual cost of the enterprise, and the percentage of that cost invested by the applicant. The instructions to Form I-129 specify that reports should be from a "certified professional accountant" although there is no basis for this requirement in the law. The documents may show that the investment capital will be held in escrow until the investor secures admission to the U.S. in E status, or a change of status to E, provided that the contracts are irrevocable once that status is achieved.
Evidence of personal assets of the investor. Deeds to property (anywhere in the world); proof of ownership of other businesses or investments such as shares of stock; statements of bank or other depository accounts; or a personal financial statement prepared by a qualified accountant.
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