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NON-IMMIGRANT VISAS
TREATY TRADERS AND TREATY INVESTORS
The Immigration and Nationality Act provides nonimmigrant visa status for a national of a country with which the United States maintains a 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 in the process of investing a substantial amount of capital.
REQUIREMENTS: TREATY TRADER (E-1 VISA)
Please schedule an interview appointment by calling our Visa Information Service or online. You should have your passport in front of you when you schedule your appointment.
REQUIRED DOCUMENTATION
In order to apply for a temporary work visa, please submit the following documents:
OPTIONAL DOCUMENTATION
TREATY TRADERS AND TREATY INVESTORS
The Immigration and Nationality Act provides nonimmigrant visa status for a national of a country with which the United States maintains a 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 in the process of investing a substantial amount of capital.
REQUIREMENTS: TREATY TRADER (E-1 VISA)
- The applicant must be a national of a treaty country
- The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country
- 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 U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. 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 the 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.
- 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 a 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 the 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 skill capacity. Ordinary skilled and unskilled workers do not qualify.
All Treaty Trader (E1) and Investor (E2) visa applicants must appear for a personal interview at the American Consulate General in Frankfurt.
Companies applying for E1 or E2 Treaty Trader or Investor status for the first time / or with less than 25 employees and renewing their registration, should initially mail in their application package to the Consulate. Consular staff will contact the company or applicant when the package has been reviewed and will arrange an interview appointment suitable to both parties.
Companies already registered with the Consulate in Frankfurt and with more than 25 employees may schedule an appointment through our Visa information Service without sending documents in advance.
HOW TO SCHEDULE AN INTERVIEW APPOINTMENTCompanies applying for E1 or E2 Treaty Trader or Investor status for the first time / or with less than 25 employees and renewing their registration, should initially mail in their application package to the Consulate. Consular staff will contact the company or applicant when the package has been reviewed and will arrange an interview appointment suitable to both parties.
Companies already registered with the Consulate in Frankfurt and with more than 25 employees may schedule an appointment through our Visa information Service without sending documents in advance.
Please schedule an interview appointment by calling our Visa Information Service or online. You should have your passport in front of you when you schedule your appointment.
- Online: www.usvisa-germany.com ($10, Credit Card necessary)
- Live Service: 0900 1-850055 (EUR 1.86/Min from a German landline - additional charges may apply from mobile phones). 7am to 8pm, Monday - Friday.
- Live Service outside of Germany and callers who cannot access 0900 numbers: +49 (0)9131- 772-2270 (EUR 15 per call, payment by credit card, MasterCard and Visa accepted) 7am to 8pm, Monday - Friday.
In order to apply for a temporary work visa, please submit the following documents:
- A passport valid for at least the applicant's intended period of stay in the United States (for German citizens; for certain other nationalities, the passport must be valid 6 months beyond the departure date)
- A DS-156 Electronic Visa Application Form (EVAF) for each applicant, regardless of age, completed online at http://evisaforms.state.gov, and signed by the applicant
- Male applicants between the ages of 16-45 must fully complete supplemental form DS- 157
- one recent photograph for each applicant, including children
- Form DS-156E - Nonimmigrant Treaty Trader/ Investor Application (pdf)
- Visa payment confirmation: evidence of having paid the non-refundable visa processing fee for each application
- A self-addressed, stamped (EURO stamps only!) envelope large enough for your passport (registered mail is not accepted)
An applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law. An applicant may also be asked to provide evidence, which illustrates that the stay in the U.S. will be temporary. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.
VISA INELIGIBILITY/WAIVER
The nonimmigrant visa application Form DS-156 lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a treaty trader or treaty investor, may apply for a waiver of ineligibility and be issued a visa if the waiver request is approved.
VISA PROCESSING TIME
After receipt of an E-visa application submitted by a company applying for E1 or E2 Treaty Trader or Investor status for the first time or renewing their E-visa registration, the E-Visa team will review the application and will arrange an interview appointment suitable to both parties. This review may take 2-4 weeks.
Applicants should expect to spend several hours at the Consulate in Frankfurt. If your application is approved, we will return your passport with the visa by regular mail. Therefore, you should bring a self-addressed, stamped return envelope to your interview. The processing time after the interview currently takes approximately 2 weeks.
FAMILY MEMBERS Applicants should expect to spend several hours at the Consulate in Frankfurt. If your application is approved, we will return your passport with the visa by regular mail. Therefore, you should bring a self-addressed, stamped return envelope to your interview. The processing time after the interview currently takes approximately 2 weeks.
Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Spouses of E visa holders are may apply for a work authorization in the United States.
TIME LIMITS
Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.
U.S. PORT OF ENTRY
Applicants should be aware that a visa does not guarantee entry into the United States. The Bureau of Customs and Border Protection has authority to deny admission. Also, the period for which the bearer of a bearer of a treaty trader or investor visa is authorized to remain in the United States is determined by the Bureau of Customs and Border Protection, not the consular officer. At the port of entry, a Bureau of Customs and Border Protection official must authorize the traveler's admission to the U.S. At that time the Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the U.S. Citizenship and Immigration Service (USCIS) to request Form I-539, Extension of Stay. The decision to grant or deny a request for extension of stay is made solely by the USCIS.
SECURITY NOTICE FOR VISA APPLICANTS
In order to ensure everyone's safety and to ensure that security screening does not delay visa interviews, electronic devices (cell phones, PDAs, Laptops, etc.), may not be brought into the consulate or embassy. Backpacks, suitcases, attaché cases, and strollers are also not permitted. However, you may bring in your wallet or purse. Security personnel cannot store items for visa applicants and will confiscate all weapons. We therefore suggest that all such items be left at home, in a locked car, or with a friend or relative who remains outside the premises. Documents relevant to the visa application are the only items that we encourage applicants to bring with them. Your cooperation will help to ensure everyone's safety and will help us to ensure that we are able to interview you as quickly as possible.
http://germany.usembassy.gov/germany/visa/treaty_traders.html
Wichtige Links:
DS-156 Electronic Visa Application Form (EVAF)
Form DS-156E - Nonimmigrant Treaty Trader/ Investor Application
SCHEDULE AN INTERVIEW APPOINTMENT
http://germany.usembassy.gov/germany/visa/treaty_traders.html
Wichtige Links:
DS-156 Electronic Visa Application Form (EVAF)
Form DS-156E - Nonimmigrant Treaty Trader/ Investor Application
SCHEDULE AN INTERVIEW APPOINTMENT
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