QUESTIONNAIRE FOR PROSPECTIVE TREATY TRADER/INVESTOR E-2

I. NATURE OF THE ENTERPRISE

  1. Name of the corporation, partnership, limited partnership, proprietorship, or other form of business organization in the United States (the "enterprise"):
  2. Address of the Enterprise:
  3. Date and place of incorporation, registration, licensing, or other establishment of the enterprise in the United States:
    (Please attach a list of all States of the United States in which the Enterprise is registered to do business.)
  4. Describe the trade or business to be conducted by the Enterprise:

II. NATIONALITY OF THE ENTERPRISE

  1. Please indicate the following percentages of ownership of the Enterprise and provide supporting documentary evidence:
    • Owned by a firm or firms which have the nationality of a treaty country:       %
    • Owned by an individual or individuals who have the nationality of a treaty country ("Treaty Country National") and who meet all other requirements of such treaties:       %
    • Owned by an individual or individuals who are Treaty Country Nationals, meet all other requirements of such treaties, and are legal permanent residents of the United States:      %
    • Owned by other individuals or organizations:       %
  2. If the enterprise was established by a company rather than a treaty country national, the following additional information is required:
    • Name and address of the firm:
      Total assets:
    • Date and place of incorporation, registration, licensing, or other establishment of the treaty country firm:
    • Percent of enterprise owned by Treaty Country National or Treaty Country Firm. (Please attach a list of all such individuals or firms setting out their respective percent ages of ownership and their respective nationalities):
    • General nature of business of treaty county company:
  3. If the Enterprise was established by a treaty country National rather than a Treaty country Firm, the following additional information is required:
    • Name and address of the treaty country national:
    • The usual source and amount of annual income of the treaty country national:
    • Percentage of the Enterprise now owned by the treaty country national:
  4. If no one Firm or National owns more than 50% of the Enterprise, please describe and document how individuals or firms or a combination of individuals and organizations who have the nationality of a treaty country or a treaty country have operational control of the U.S. investment:

III. U.S./Treaty TRADE (E 1)

For treaty purposes, trade connotes the existence of a "transaction" or exchange of goods, monies, or services in the flow of international commerce which supposedly benefits both parties to that transaction. U.S. law requires that, to qualify for E 1 status, the U.S. enterprise conducts substantial trade, principally between the U.S. and a Treaty Country. In this connection, please supply the following information with appropriate documentation, i.e. sales records, orders, shipping bills, etc.
  1. What is the amount of total annual sales of the U.S. enterprise (should include both domestic and foreign sales)?
  2. What is the total annual trade between treaty country and the U.S. enterprise (excluding sales to domestic U.S. and other foreign buyers)?
  3. What is the number of commercial transactions involved in generating the U.S./treaty country company sales amount given above?

IV. INVESTMENT STATUS (E 2)

For treaty purposes, investment connotes the placing of funds or other capital assets "at risk" in the commercial sense, in the hope of generating a return on the funds thus risked. Please supply the following information with appropriate supporting documentation:
  1. The usual sources and amount of annual income of the treaty country national or treaty country firm:
  2. The amount of the U.S. investment (evidence is required that you have control of the funds and are close to the start of actual business operations):
  3. The nature of the U.S. investment (cash, inventory, equipment or other capital assets):
  4. If any of the U.S. investment is in the form of a mortgage debt or loan secured by commercial assets (of the U.S. enterprise) to the enterprise, state the amount:
  5. If any of the U.S. investment is in the form of a mortgage debt or loan secured by personal assets in U.S. or signature, state the amount:
  6. If your investment is in an existing enterprise, please indicate the total value of the enterprise (with supporting documents such as tax valuation or evidence of purchase price):
  7. If your investment is in a new enterprise, please indicate how you have determined that the amount of your investment is adequate to establish an enterprise of this type (from a local Chamber of Commerce, from previous experience in the U.S., or from other businesses in the area):
  8. What is the anticipated amount of net income to be generated by the U.S. investment during the next year? Please describe how this was calculated:

V. PERSONNEL FOR U.S. ENTERPRISE

  1. How many employees does the U.S. enterprise currently have:
  2. How many employees does the U.S. enterprise currently have:
    • U.S. citizens
    • Legal permanent residents of the U.S
    • Nationals of a Treaty Country
    • E visa holders in executive, managerial or specialist positions
    • L visa holders in executive, managerial or specialist positions
    • Neither a, b, c, d or e
  3. At the end of the next year of operation, how many employees are projected who will be:
    • U.S. citizens
    • Legal permanent residents of the U.S.
    • Nationals of a Treaty Country
    • E visa holders in executive, managerial or specialist positions
    • L visa holders in executive, managerial or specialist positions

VI. LIST OF EXECUTIVE, MANAGERIAL AND SPECIALIST PERSONNEL

Please provide the numbers of Treaty country s and Americans who occupy positions in the U.S. which are Executive, Managerial and/or Specialist in nature:
If you would like further information about specific case scenarios or situations, please call our office or email us at ckuck@immigration.net to speak to one of experienced immigration attorneys. 

Disclaimer/Reminder


This e-mail does not constitute direct legal advice and is for informational purposes only. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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