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What is a treaty trader (E1) / treaty investor (E2) visa?
Section 101(a)(15)(E) of the Immigration and Nationality Act (INA), as
amended, provides treaty trader/investor nonimmigrant status for a national
of any of the countries with which an appropriate treaty of commerce and
navigation exists. Such a treaty exists between the Republic of Korea
and the United States.
An individual who wishes to go to the U.S. to carry on substantial trade,
principally between the U.S. and his/her own country, may apply for a
treaty trader visa (E1). Someone who is going to the United States to
develop and direct the operations of an enterprise in which he/she has
invested, or is actively in the process of investing, a substantial amount
of capital is welcome to apply for a treaty investor visa (E2).
What do I need to apply? (Both E1/E2)
Please submit the following documents through DHL Ilyang (1588-0002) or Hanjin (1588-0011):
 A signed
passport valid for at least six months.
A completed
and signed Nonimmigrant Visa Application (DS-156/DS-157) with
photo (See "photo requirements"
for the DS-156). Please be certain to include all contact information
including an e-mail address on your application.
Two completed DS-156E applications.
A receipt
from the HanMi (KorAm) Bank for the US$100 visa processing fee. The
fee may be paid at any of the bank's branches in Korea. There is a branch
only a short walk from the Embassy; here is a map.
Description
of the company in Korea and the branch or subsidiary in the U.S. including
the product line, number of employees, length of time in business, a
brochure (if available) and any other relevant information.
Proof
of incorporation in the U.S., if any.
Staffing
pattern for the U.S. office to which you are assigned showing your position
and the levels of employees you will be supervising. Include information
on the number of employees already in the U.S. on visas and their visa
categories. If you are replacing a position, indicate the name of the
individual you will be replacing.
Entry/exit
record from Korean Immigration. (See "How
to Obtain a Certificate of Entry/Exit Record")
Notice
of Appearance (G-28) if represented by a lawyer.
For
Treaty Trader (E1) :
- Individual and/or business must possess the nationality of the
treaty country.
- Proof of substantial trade principally between U.S. and treaty
country, e.g. bills of lading, tax assessments, Korean goverment
records of trade (Korea Int'l Trade Association Record).
- Description of the parent firm in Korea and the branch or subsidiary
in the U.S. including the product line, number of employees, length
of time in business, a brochure (if available), etc.
- Proof that applicant, if an employee, will be an executive/supervisor
and/or possesses essential skills, including a staffing chart identifying
the U.S. position filled by the applicant, U.S. position description
and the applicant's qualifications for the job.
For
Treaty Investor (E2) :
- Individual and/or business must possess the nationality of the
treaty country.
- Proof of legal creation/incorporation in the U.S. and value of
business.
- Proof that applicant has invested or is actively engaged in investing,
e.g. escrow contracts, cancelled checks, wire transfers, etc.
- Proof that enterprise is a real and operating commercial enterprise,
e. g. photos of the enterprise during working hours, business licenses,
etc.
- Proof that investment is substantial.
- Proof that investment is more than marginal and solely for earning
a living. Please include federal tax returns for the past three
years.
- Independently prepared five-year business plan.
- Proof that applicant is in a position to "develop and direct"
the enterprise.
- Proof that applicant, if an employee, will be an executive/supervisor
and/or possesses essential skills.
- Proof that applicant intends to depart the U.S. when E2 status
terminates.
Contact
information, including e-mail address, telephone/cell phone number and
fax number. You must provide an e-mail address.
We will contact you via telephone or e-mail regarding your appointment
date. Please check your e-mail on a daily basis. The Embassy will not
be held responsible for missed appointments. If you miss your scheduled
appointment, your documents will be sent back to you and you will have
to reapply.
A courier
receipt from an Embassy-approved courier company within Korea (DHL Ilyang:
1588-0002; Hanjin:1588-0011)
You can now track your passport's delivery on-line!
Click on a logo for more information, or follow this link.
For dependents :
- A Family Census Register (FCR) as proof of the family relationships.
- A clear photocopy of the principal applicant's passport and E
visa, if your family members apply separately.
- Follow this link for
information on applying for dependent of E visas.
All non-English language documents must be translated into English.
How do I apply for an E Visa?
Applicants for E visas and their family members must submit their applications
by DHL Ilyang or Hanjin courier within Korea,
upon review of their documents the interview will then be scheduled. We
will contact you via telephone or e-mail regarding your appointment date.
Please be certain to complete all contact information including an e-mail
address, telephone/cell phone number and fax number on the Nonimmigrant
Visa Application form.
E visa applicants are required to be finger scanned at the time of their interview. If your left or right index finger is injured (i.e. cut, stitched, bandaged, etc.), we highly recommend that you schedule your interview for a day after your finger has healed. If we are unable to digitally scan your index fingerprint, we will not be able to process your application and you may be required to return to the Embassy.
Please understand that we try to process visa applications as quickly
as possible. Please help us by ensuring that all your documents are complete
and correct. Please apply early for your visa, as we can never guarantee
visa processing in time to suit your travel plans. Please understand that
U.S. law requires us to process each application separately on its own
merits. We can never give assurance of visa issuance.
We will contact you via telephone or e-mail regarding your appointment
date. Please check your e-mail on a daily basis. The Embassy will not
be held responsible for missed appointments. If you miss your scheduled
appointment, your documents will be sent back to you and you will have
to reapply.
An applicant must be physically present in Korea while his/her
visa application is pending at the U.S. Embassy Seoul.
How long is visa processing?
Processing time will vary with the complexity of the case and our overall
workload. Generally, it takes three week for reviewing by officer. Please
check your e-mail. Applicants should not make unchangeable travel or business
plans until their visas have been issued. Please do not inquire as to
the status of a case within three weeks of our receipt of the case.
How can I contact the Embassy about my E visa?
Due to our volume of casework, we are unable to accept telephone calls
concerning individual visa cases. Attorneys of Record, applicants and
other interested parties are welcome to contact us by e-mail. Please include
return contact information so that we may respond to your inquiry.
Our e-mail address for E, H, L, O, P or Q visa inquiries is seoulgoldteam@state.gov.
Our FAX number for E, H, L, O, P or Q visa inquiries is 82-2-736-6839.
Our Address in Korea (international postage needed from outside Korea):
U.S. Embassy/CONS/NIV
ATTN: Gold Team
32 Sejongno, Jongno-gu
Seoul 110-710, Rep. of Korea
Our APO/MPS Address (only U.S. domestic postage needed, even from outside
of Korea):
U.S. Embassy Seoul/CONS/NIV
ATTN: Gold Team
APO AP 96205-5550
 Please click
here for FAQ's on nonimmigrant work visas.
Additional information
on E1/E2 Visas is also available from the Department of State's Visa
Office.
Click here to
learn more about your visa.
Updated September 7, 2004
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