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Date: October 10, 2007
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NONIMMIGRANT TREATY TRADER/INVESTOR VISA APPLICATION INSTRUCTIONS This form, together with Form DS-156, Nonimmigrant Visa Application, constitutes the application for an E-1 Treaty Trader or E-2 Treaty Investor Nonimmigrant Visa. See visa requirements below. Incomplete or undocumented applications will be returned. All first-time applicants seeking Treaty Trader or Treaty Investor status must complete Parts I and II. Parts I and II must be updated periodically. All individual applicants must complete Part III and Form DS-156. You must answer all relevant questions. Enter "Not applicable" where appropriate. If an enterprise is not yet fully operational, estimates and projections should be made concerning potential income, job creation, volume of sales, etc. Supporting documents should be submitted in a binder with a table of contents and tabs. The following are examples of supporting documentation which should be attached to first-time applications (not every type of document is applicable in each case; the consular officer may request additional information if required): Evidence of possession and control of investment funds (bank records, financial statements, loans, savings, promissory notes, etc.); evidence of remittance to the United States (bank drafts, transfers, exchange permits, receipts, etc.); evidence of establishment of business in the United States (articles of incorporation, partnership agreement, organization and staffing charts, shares, titles, contracts, receipts, licenses, leases, etc.); evidence of the nationality of the investors/traders (passports, articles of incorporation of parent company, stock exchange listings, etc.); evidence of trade between the United States and the treaty country (invoices, bills of lading, customs clearances, warehouse receipts, shipping receipts, sales receipts, contracts, etc.); evidence of investment in the United States (titles, receipts, contracts, loans, bank statements, etc.); evidence of substantiality (financial statements, audits, U.S. corporate or business tax returns, etc.); evidence that the enterprise is not marginal (payroll records, IRS Form 941, personal tax returns, evidence of other personal assets and income); evidence that the business is a real, operating enterprise (annual reports, catalogs, sales literature, news articles, and other evidence as appropriate); curriculum vitae of the proposed visa recipient (optional). Use additional sheets of paper, as necessary, to complete responses. TREATY TRADER AND TREATY INVESTOR VISA REQUIREMENTS 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, a substantial amount of capital. The requirements for Treaty Trader and Treaty Investor visas are further elaborated in 22 CFR Part 41.51. These requirements are summarized below: Requirements for a Treaty Trader (E-1) nonimmigrant visa are: 1. The applicant must be a national of a treaty country. 2. The trading firm for which the applicant is coming to the United States must have the nationality of the treaty country. 3. The international trade must be "substantial" in the sense that there is a sizable and continuous volume of trade. 4. The trade must be principally between the United States and the treaty country, which means that more than 50% of the international trade involved must be between the United States and the country of the applicant's nationality. 5. Trade means the international exchange of goods, services and technology. The item of trade, and title of that item, must pass from one party to the other in exchange for consideration. 6. The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the successful and efficient operation of the commerical enterprise. Ordinarily skilled or unskilled workers generally do not qualify. Requirements for a Treaty Investor (E-2) nonimmigrant visa are: 1. The investor, either a real or corporate person, must be a national of a treaty country. 2. The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage in investment required for a low-cost business enterprise is generally higher than the percentage of investment required for a high-cost enterprise. 3. The investment must be in a real operating commercial enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment. 4. The investment may not be marginal. It must have the capacity to 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 5. secured with the assets of the investment enterprise are not considered to be at risk. The investor must be coming to the United States solely to develop and direct the enterprise. If the applicant is not 6. the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skills capacity. Ordinarily skilled and unskilled workers do not qualify.
* Public reporting burden for this collection of information is estimated to average 4 hours per response, including time required for searching existing data sources, gathering the necessary data needed, providing the information required, and reviewing the final collection. In accordance with 5 CFR 1320 5(b), persons are not required to respond to the collection of this information unless this form displays a currently valid OMB control number. Send comments on the accuracy of this estimate of the burden and recommendations for reducing it to: U.S. Department of State (A/ISS/DIR) Washington, D.C. 20520.

DS-156E

Instruction Page 1 of 1

NONIMMIGRANT TREATY TRADER/INVESTOR APPLICATION USE WITH FORM DS-156/I-129
(USE ADDITIONAL SHEETS OF PAPER, AS NECESSARY, TO COMPLETE RESPONSES) PART I - BUSINESS PROFILE 1. Name of U.S. Enterprise, Business, or Company 2. Type of Business Enterprise: Corporation Privately owned Branch/Liaison Office Joint Venture Partnership Subsidiary Other

U.S. Department of State

OMB APPROVAL NO. 1405-0101 EXPIRES: 09/30/2010 ESTIMATED BURDEN: 4 HOURS* (See Instruction Page)

3. Address of Headquarters, Subsidiaries and Branch Offices of U.S. Enterprise (Specify type of office)

Telephone Number:
papers, partnership agreement, etc.)

FAX Number:

4. Date (mm-dd-yyyy) and Place Business Was Established or Incorporated in the United States (Attach appropriate documentation; e.g., corporate

5. What is the Nature of the Business? General Trade Imports to U.S. Exports from U.S. Manufacturing Retail Sales Services/Technology Other (Describe)

6. Describe fully the services, production, or other activity in No. 5 above.

7. Name and Address of Foreign Parent Business (If any)

Telephone Number:

FAX Number:
IF INDIVIDUAL INVESTOR, IMMIGRATION STATUS/

8. Nationality of Foreign Entity (Corporation, Partnership, etc.) or Foreign Individual Owner of U.S. Business (Attach documentation)
NAME NATIONALITY PERCENT OF OWNERSHIP

Total - 100%

9. Financial Statement for year Total Assets of U.S. Business: Total Liabilities: Owner's Equity:* Total Annual Operating Income:

.

Calendar Year

Fiscal Year (Attach most recent financial statement or auditor's report) Current Cash Historical Cost

Before Taxes

After Taxes

* Owner's equity of a corporation refers to paid-in capital plus retained earnings; partner's capital accounts in a partnership; and owner's capital account in a sole proprietorship. Page 1 of 3

DS-156E 10-2007

PREVIOUS EDITIONS OBSOLETE

10. To measure the amount of international trade with the United States, please complete the following. (For trade in merchandise, exports and imports, refer to shipment and sale of goods across international boundaries. For trade in services and technology, exports and imports, refer to the sale of services by treaty-country nationals to nationals of the United States and other countries.) Gross International Trade of the U.S. Enterprise in Imports from treaty country to U.S. business Exports from U.S. business to treaty country Imports from third countries to U.S. business Exports from United States to third countries Domestic U.S. production/manufacturing Total: 11. Type of Investment (Check one)
Creation of a new business Total Start-up Costs: Purchase of an existing business Purchase Price: Continuation of an existing business Fair Market Value of Business:

(year)
DOLLAR VALUE

Calendar Year

Fiscal Year

Ending
PERCENT OF TOTAL TRADE

NO. OF TRANSACTIONS (Optional)

100%

12. Total Investment from Abroad Made in the United States (Attach documentation)
FOR YEAR

Calendar

Fiscal
TOTAL CUMULATIVE INVESTMENT

INITIAL INVESTMENT

Cash: Inventory: Equipment: Premises: Other (describe): TOTAL: 13. Source of Investment Capital (personal funds, corporate funds, loans, stocks, debentures, bonds, etc.); Evidence of Possession and Control of Funds in the United States (Attach full documentation) PART II - STAFF 14. Type of Personnel in the United States (Attach staffing chart) Specify: Fiscal Year Calendar Year
MANAGERIAL EXECUTIVE This Year Next Year SPECIALIZED ESSENTIAL This Year Next Year ALL OTHER EMPLOYEES This Year Next Year

Nationals of Treaty Country on E, H, & L Visas: U.S. Citizens and Legal Permanent Residents: Other (Third-Country Nationals): TOTAL: 15. List all personnel of U.S. business holding executive, managerial and/or specialist positions by subsidiary/branch office. If aliens, indicate nonimmigrant visa status or lawful permanent resident (LPR) status. U.S. VISA
NAME AND POSITION/TITLE/DIVISION NATIONALITY TYPE DATE (mm-dd-yyyy) PLACE OF ISSUANCE

DS-156E

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PART III - APPLICANT 16. Name of Applicant (Family Name) 17. Type of Applicant: Principal owner/investor/trader Manager 18. Present Position and Duties (Describe in detail). (First Name) (Middle Name)

Supervisor Executive

Specialist Other

19. Name and Address of Employer

20. Years with Present Employer

21. Highest Level of Education School:

Major/Subject:

Degree:

Year:

22. Other Relevant Experience and Education (Attach Curriculum Vitae - Optional)

23. Position in the United States Title: Description of duties (include names and titles of all immediate subordinates):

24. Annual U.S. Salary and Benefit Package

25. Name of Person in the United States Being Replaced: Type of Visa Date issued (mm-dd-yyyy) Place issued If NOT a replacement, is this: a. An increase in staff? Yes

Salary Allowances/Benefits TOTAL

No

b. Continuation of existing employment in the United States? No Yes

26. I do solemnly swear or affirm that all statements which appear in this application are true and complete to the best of my knowledge and belief.

Signature of Responsible Officer

Printed Name and Position or Office

Date (mm-dd-yyyy)

27. Name and Address of Person Who May Be Contacted About This Application Telephone: FAX:

DS-156E

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