D.I.Y. E2 renewal.

[dip your toe]

We will be doing our own E2 renewal next time out, based on the application that was returned to us from our attorney after our last renewal. I was wondering if folks would be interested in the lay out of the cover letter and how the application was formatted. Would anyone be interested if I posted this on the forum?

[charliesmum]

I think anything that helps people to decide whether to do their next Renewal themselves, can only help.

Zoe

[byjove]

agreed Zoe

[peter gold]

Good idea with this warning
Please use a precedent for what it is simply the layout and what you have to fulfill for a renewal You should also strictly follow this
Treaty Trader Visa (E-1)
Applications should be submitted in a hard-back binder with tabs dividing sections clearly. If you use plastic sheathes to protect documents, please do not place more than one piece of paper inside each one; otherwise, you will significantly lengthen the time it takes us to examine your case. Do not include multiple copies of any document.



Tab A (Table of Contents)
Cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-1 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 41.51), require the applicant to show:

that the requisite treaty exists (see N4);
that the individual and/or business possesses the nationality of the treaty country (see N3);
that the activities constitute trade within the meaning of the Immigration and Nationality Act, section 101 (a) (15) (E) (see N4);
that the trade is substantial;
that the trade is principally between the United States and the treaty country (see N6);
that the applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operation in the United States;(see N13) and
that the applicant intends to depart the United States when the E-1 status terminates (see N14). Please cover requirements 3, 4 and 5 in some detail.
Tab B (Forms)

Completed, dated, and signed DS-156 (with photograph attached), DS-157 (for men between the ages of 16 and 45), and DS-156E (parts 1, 2, and 3). Contact information provided on the DS-156 must include an e-mail address. Note: From March 1, applicants are required to complete the DS-160 which replaces the forms DS-156 & DS-157)


Credit Card Payment Form for payment of application fee ($131).


If you will be represented in this matter by an attorney, you must submit form G-28 "Notice of Entry of Appearance of Attorney as Representative" and should include contact e-mail address and phone number for the attorney. If your representative is not an attorney, please submit a letter of agreement between the investor and the representative signed by both parties.


If the applicant is not an investor but an employee, please include here a job letter from the company. This letter should describe:
the business;
the job the applicant will do; and
his or her qualifications for that job.
Tab C (Applicant Information)
A color photocopy of the bio data page of the principal applicant's passport and similar copies of any US visas, US entry/exit stamps, and I-94's.


A copy of any changes or extensions of status granted by USCIS (Form I-797).


Evidence of the applicant's ongoing residency in the UK (including, as appropriate, a copy of the current lease or mortgage for the applicant's primary residence in the UK; the applicant's most recent UK pay stub; the most recent school transcript for each child between the ages of 5 and 18 inclusive).


A resume or curriculum vitae of the principal applicant.


Signed statement of intent to depart the US upon termination of status.
Tab D (Ownership)
Articles of Incorporation (for corporations) or Organization (for LLC's) for US business.


Share certificates and/or operating agreement (as applicable) to verify ownership.


If you have a large company with several owners or subsidiaries or if the chain of ownership includes intermediary entities, please also submit the following:
An organogram of the full ownership structure;
Legal evidence of instances of ownership within that chain;
Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company.


If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include:
A copy of the most recent Annual Report;
The Companies House Report;
An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the London Stock Exchange;
A copy of the most recent trading information on the stock.
Tab E (Trade)
Provide a spreadsheet listing every qualifying transaction of international trade between the treaty countries during the last calendar year. If there is a US entity with separate legal status (such as an incorporated company or a LLC), all figures should refer to its trade. Otherwise, consider the trade of the UK company. This table should include the date, the invoice number, and the dollar value of the transaction. Show in a prominent place the total number and value of these transactions.


Provide copies of all the invoices summarized in the table.


Provide copies of all air bills or shipping invoices proving that the goods or services moved from one country to the other.


Calculate the percentage of international trade represented by the US-UK trade documented above. This is not the percentage of total trade but the percentage of total international trade undertaken by the treaty investor business.


Provide the most recent US tax returns (for a US entity) or annual report (for a UK entity). US tax forms must be copies of the signed and dated forms actually submitted to the IRS.

[peter gold]

I am willing to assist or prepare E2 renewals (as I have for many people) but I have to charge for my time to prepare the whole package.

[dip your toe]

Please Note: The following was for a successful March 2008 application and pertained to our business and our personal details. It is offered as a guide only to those who may wish to make a self E2 visa renewal application. Your circumstances and any changes in the rules and regulations may differ from this application. Please take this into consideration should you decide to use any of the information. Where personal/busineess information is used I have substituted the details with generalizations and highlighted in red.

**********

The application was divided into 11 sections and tabbed for each section as such: EXHIBIT 1 - 11.

**********

EXHIBIT 1

APPLICATION FOR E2 TREATY INVESTOR REGISTRATION

TABLE OF APPLICATION CONTENTS.

Company: Your company’s name.

APPLICANT: Your name.


EXHIBIT 1: Table of application contents.

EXHIBIT 2: DS-156 Nonimmigrant treaty/trader/Investor application, Parts 1, 11, and 111

EXHIBIT 2A: G-28 “Notice of Entry of Appearance as Attorney or Representative.

EXHIBIT 3: Evidence regarding the nationality of applicant and evidence demonstrating applicant intends to depart the US.

Exhibit 3(a) Copy of the bio-data page from ( your name ) UK passport.

Exhibit 3(b) Copy of ( your name ) E-2 visa stamp and current I94 card.

Exhibit 3 (c ) Copy of 9 FAM 41.51. N15

Exhibit 3(d) Letter from ( your name ) regarding his/her intent to depart the US.

EXHIBIT 4: Cover letter from ( your attorney ) describing the US enterprise, applicant and addressing all requirements of E visa eligibility.

EXHIBIT 5: Evidence regarding nationality of enterprise.

Exhibit 5 (a) Copy of articles of incorporation.

Exhibit 5 (b) Copy of stock certificate.

Exhibit 5 ( c) Copy of bio-data page ( your name ) passport.

EXHIBIT 6: Evidence regarding the investment.

Exhibit 6 ( a ) Business plan.

Exhibit 6 ( b ) Copies of receipts for payment and bank statements for further investment.

Exhibit 6 ( c ) Evidence of sale, proceeds and deposit of funds on ( your name )private residence.

EXHIBIT 7: Evidence that the US enterprise is real and operating business.

Exhibit 7 (a) Copy of Company’s ( 20?? ) US corporate Income tax return.

Exhibit 7 ( b ) Copy of company’s ( 20?? ) US Corporate Income Tax Return Company Premises Lease.

Exhibit 7 ( c) Company’s financial statements for six months ended ( appropriate dates ). Company marketing materials.

Exhibit 7 ( d ) Company premises lease.

Exhibit 7 ( e ) : Mortgage completion documents.

Exhibit 7 (f): Company handbook.

Exhibit 7 (g): Marketing materials.

EXHIBIT 8: Intentionally omitted - Evidence of substantiality is included in exhibits 6, 7 and 9

EXHIBIT 9: Evidence Demonstrating Enterprise is not marginal.

Exhibit 9 (a) Company’s organizational Management chart & list of current employees.

Exhibit 9(b) Employers form 941 Quarterly report for ( 200?? )

Exhibit 9 ( c ) Company’s most recent payroll records

Exhibit 9 ( d ) ( 20?? ) W2 Forms for ( Company name ) employees.

Exhibit 9 ( e ) Awards given to ( company name )

EXHIBIT 10: Evidence regarding applicant.

Exhibit 10 ( a ) ( Your name ) Curriculum Vitae.

Exhibit 10 ( b ) ( Your name )Job Description

Exhibit 10 ( c ) ( Your name ) credentials.

EXHIBIT 11: Intentionally omitted.

[ollie]

If we are here land locked and are renewing through a US embassy would all the forms and procedures be the same ? Thanks

[byjove]

If we are here land locked and are renewing through a US embassy would all the forms and procedures be the same ? Thanks

???????????

[peter gold]

They are renewing their status not their visa and the forms required are different as you are renewing status not visa

[ollie]

And Can Anyone Help With The Web Link For Those Forms? Thanks

[corky201]

Hi

Can any body help us we are new to all this and it is becoming a nightmare.
We are currently on an E2 visa which runs out September 2010. We just can not afford the $5000 legal fees and air fare costs to go back to London to the embassy at the moment. We have been told that if we leave the country we could have our I94 card extended on return, How risky is this? We are in fear of loosing everything. does anyone know what we can do?

Corky 201

[JulieC]

Hi

Can any body help us we are new to all this and it is becoming a nightmare.
We are currently on an E2 visa which runs out September 2010. We just can not afford the $5000 legal fees and air fare costs to go back to London to the embassy at the moment. We have been told that if we leave the country we could have our I94 card extended on return, How risky is this? We are in fear of loosing everything. does anyone know what we can do?

Corky 201

If you have a valid visa in your passport, sure you can leave and come back and should get a two year 1-94 on reentry. Dont do a cruise as they often dont take your !-94. The Bahamas flying there not cruising seems to work ok, or you could go to somewhere further afield, Domenican Republic, Jamaica or we went to Costa Rica to renew ours. Have a few days holiday and back. Canada and Mexico are usually OK but can be a bit iffy as they are what is called contiguous. If you can go elsewhere it is safer. Or of course you could go back to the UK to visit relatives.

[rachelt211]

Corky201

It is a bit of a "nightmare" for us all right now. Our visa expires September also, we are doing the renewal ourselves and are going to Jamaica to do it, we are going at end of June as our I94's expire July. :)
You can PM me and I can let you know more info

Rachel

[charliesmum]

Hi Rachel

My friends just got their visa renewed in Jamaica today. Heard through a third party so not sure how long for, but it will take 3 to 5 days to get their passports back.

Great news

Zoe

[rachelt211]

Oh that is great news.. Jackie is going to call me when she gets back to let me know how it all went. I am more positive now that I know she got hers.

Thanks for letting me know

Rachel

[corky201]

Hi Guy's

Thanks for replying. So if we fly out of US maybe back to UK for a visit can we still operate our business on our return on a 1-94. As you are all aware with the economic down fall times are hard. But we are still keeping our heads above water JUST.... Someone mentioned extending our 194 from here anybody any ideas on how to do that.

Thanks

[charliesmum]

You have to apply internally and you need to give info about your business - some are being turned down and having better luck with the Embassy in London or Jamaica. If you don't want to renew your visa but have time left before it runs out, I would suggest an overnight visit to the Bahamas. Don't go on a cruise - fly out of an International airport.

Zoe

[davidmartin_uk]

Thanks for replying. So if we fly out of US maybe back to UK for a visit can we still operate our business on our return on a 1-94.

Yes you are legal to stay in the US until your new I94 expires and you can run your business. However as you would no longer have a visa if you have to leave, for say a family emergency back in the UK, you could not return as it is the the Visa that gives you the right to travel freely into the USA.

Dave

[byjove]

corky I am renewing the i-94 as I type, it is nail biting to say the least and if I could jump on a plane to somewhere and return I would far better do that then have this LONG wait. A few on here have already gone throught he process and "survived"

[corky201]

Spoke to a solicitor from California she said if the E2 holder applies for the I94 extension internally without leaving the US the dependents can travel back to the UK and go to the embassy to have there passport stamped before trying to re-enter as long as they have the relevant paperwork with them that the I94 extension has been approved for the spouse and dependents. Is anyone familiar with this???

[charliesmum]

If the solicitor is saying that they will get a new Visa in their passports, then she is wrong. The only way to get a renewed Visa is by putting paperwork into an American Embassy and having the application approved by them.

If she is saying that the I9as will be renewed on going out of the country and re-entering - as long as you still have a valid visa issued by an Embassy - then she is correct, but you would not need to go to an Embassy. The only time you would go to an Embassy is at their invitation after they have reviewed your paperwork.

If you have the I94 renewed - it would be for 2 years from when you arrive back in the US - then you are legally able to stay here and work in your business, but if you want to leave the US for any reason, you will not be able to gain entry again - as you will not have the proper papers to travel - eg the Visa.

Once the original Visa has been granted, it then becomes a travel document. The I94 is the important piece of paper that you must never let expire.

Hope this is a bit clearer.

Zoe

[davidmartin_uk]

Getting an I94 extension from USCIS is not the rubber stamp exercise it once was. If you are as marginal as you say then your not going to get it.

dave

[chris]

Corky,
Remember that when you apply to 'extend your E2 status' via USCIS OR renew your E2 Visa via the Embassy/Consulate both organizations adjudicate your application against the SAME Immigration laws. Both depts have latitude to give personal discretion or spin. That is where the problems usually occur. Historically USCIS have been more lean than the London Embassy which as a reputation all of its own.
Quick 101 for you:
E2 Visa is a travel document issued by the State Dept. All it allows you to do is travel to the USA and request permission from USCIS to enter the country. The Visa is typically issued for 2 years or 5 years. Whilst ever current, the Visa allows you to exit and apply to re-enter the USA as you wish, BUT permission to enter can only to be granted by USCIS.
I-94. This is issued by USCIS. It is issued when you are granted permission to enter the USA. The status on the card is based on your Visa Status. It can only be issued for a MAXIMUM of 2 years. It may be a flimsy looking white card BUT it is the MOST important document you have for staying in the US. DO NOT LOSE IT, DO NOT LET IT EXPIRE. If your Visa is current and your I-94 is about to expire you can renew it by either taking a trip outside the USA (you hand in the old I-94 and pick up a new one when you re-enter. Be careful with cruises to the Caribbean as often they do not take the old I-94 nor give you a fresh one. If you do not want to take a trip OR your Visa has expired then you can apply to 'extend your status (E2 status) by applying with USCIS directly. The forms you complete are I-129 for the Visa holder and I-539 for spouses and dependents. The filing fees are bout $600 - $700.00. You can also file using their express service for about $1000 and the clerks will work faster and process things quicker than standard (slow) service. If you elect not to renew your E2 Visa with the Embassy and choose to 'extend your status' with USCIS, the major downside is that you will become 'landlocked'. That simply means that if you leave the USA, you hand in your I-94 AND E2 status when you leave. The only way you can re-enter as an E2'r is to apply for a new Visa at the Embassy.
It sucks I know, but that is how they have us. Several E2'rs are facing being landlocked because they feel their business will not pass scrutiny by the London Embassy. You can use other Embassies/Consulates besides London and several have done so and been successful.
If you go the USCIS 'extension' route you will need to put forward as strong a case as you can. If your biz has struggled during the 'Great Recession' and whose hasn't, then show what you have done to minimize that loss and what you are doing to bring things back up to speed. Theoretically they are humans at the USCIS and should understand that WE ALL have gone through the mill for the past 1-2 years.
No-one know your business better than you, so no-one but you can push it well as you. You have to push the positives.
Good luck