Applying for Re-Registration of Companies with more than 25 Direct Employees
Those companies renewing their E-visa registration AND which have 25 or more full time Employees at their U.S. Company may use the following streamlined process for renewing their visa registration. (Those companies renewing their E-visa registration AND which have fewer than 25 employees should use the procedures and guidelines in the registration links on the previous page.)
Please send the following documents to the E-Visa Unit (FrankfurtEVisa@state.gov):
- Cover letter describing company and addressing all requirements for E-1 or E-2 visa eligibility as defined by the Foreign Affairs Manual and U.S. law. It should address the following in detail:
– That the trade is substantial, as defined in 9 FAM 402.9-5(C); and
– That the trade is occurring principally between the United States and the treaty country, 9 FAM 402.9-5(D);
– That the investor has invested or is actively in the process of investing, as per 9 FAM 402.9-6(B);
– That the enterprise is currently running 9 FAM 402.9-6(C);
– That the investment is substantial, 9 FAM 402.9-6(D);
– That the investment is more than a marginal one solely for earning a living, 9 FAM 402.9-6(E);
- Up to date Consolidated DS-156E (Pdf) parts I and II
- Last 3 available U.S tax returns (First 10 pages of each are sufficient). for Treaty Trader companies, include schedules evidencing international trade.
- For holdings filing Consolidated tax returns: Include schedule showing subsidiaries e.g. form 851 Affiliations Schedule
- Last available W-3 report. If Company is a Holding, then submit W-3 forms for each entity
- Group chart
- Proof of treaty country ownership and controlling interest in the enterprise.
At least 50% of the ultimate owners must be citizens of the treaty nation as evidenced by: Certificates of Incorporation, Articles of Incorporation/Formation/Organization, Stock ledger, plus other documents to establish ownership including Commercial Register, list of shareholders, and copies of owners’ national IDs. If the foreign parent company is owned by other entities, please provide these documents for each company in the ownership chain.
- In the case of publicly-traded companies, the Consular Officer may presume that the nationality of the corporation is that of the location of the exchange where the company’s stock is exclusively traded. The applicant must provide evidence to support the presumption that citizens of the treaty nation most likely hold the ownership of the firm (e.g. Report of investors per region).
- Form G-28 (if represented by an attorney) signed by applicant/company representative.
Only after the E-Visa team confirms to the designated point of contact (Company/Lawyer) that the entity has been successfully updated in records, then employees with assignments in the U.S. will be able to schedule their appointments online as “Employees of Registered Companies“.