U.S. Embassy & Consulate
in Spain and Andorra

Two types of visas are available for those who want to trade, or to invest in a company in the U.S.: a Treaty Trader visa (E-1) or a Treaty Investor visa (E-2).  These visas are intended for citizens of a country with which the United States maintains a treaty of commerce and navigation who wish to go to the United States to engage in 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 in the process of investing, a substantial amount of capital.

Please note that neither of these visas is a substitute for an immigrant visa. Persons wishing to remain indefinitely in the U.S. should apply for the appropriate immigrant visa.

In Spain, E-1 Treaty Trader and E-2 Treaty Investor visa applications from Spain are processed at the U.S. Embassy in Madrid.

Basic information about E-1 and E-2 visas is available at the State Department Website.

 

Applying for E-1 and E-2 visas

To apply for an E visa, please, complete the DS-160 application form), DS-156E form.), create an user account online), and pay the MRV fee. Once you have your appointment date confirmed,  the Consulate will contact you, via email,  30 to 45 days prior to your visa interview date to request advanced supporting documents and information to be submitted ELECTRONICALLY ONLY.  In addition, each applicant will have to submit a hard copy of the E visa package at the day of the interview. Please, DO NOT send any E visa package to the Consulate.

Electronic submission requirements:

• Email submission: The Consulate will contact you, 30 to 45 days previous to your interview date, to request submission of the E visa documents, electronically only. The two PDF files must be submitted in one single email to evisasmadrid@state.gov.
  If your appointment is scheduled longer than 45 days and the documents have been submitted, they will be ignored, and you will have to re-submit them again within the proper time frame.
• Subject line:  Please enter in the e-mail subject line: “E11 Appointment date/time – NAME OF THE COMPANY/SURNAME, Name (of principal applicant- in English as listed on passport)/ Visa category”. For example: “E11 10 FEB 2024/13:00 – Company name/SMITH, Alexander/E-2”.
• Attachment limit: Your submission may not exceed 20 pages in total (including appendices, diagrams, company financial documents and marketing materials). Limit 20MB per attachment. Must have tabs dividing the sections clearly. The following documents do not count towards the 20-page limit: Forms DS-160, DS-156E, G-28, appointment confirmation page, U.S. corporate tax return, individual invoices for trade or investment and tab/dividers. Please, note that a single sheet of paper printed on both sides will be counted as two pages towards the 20-page overall limit. Please, do not include several miniature pages pasted on one page.  
• Attachment format – Two PDF files: Please, attach two PDF files: One with DS-156E form with a short code (DS-156E_Surname, Name_ Company name) and another single attachment with no more than 20 pages, with the rest of documents with a short code (Appointment date/time/ Surname, Name/Company Name/Visa category).

Do NOT send zip, online shared folders, or links as we cannot access or open these. Please, scan documents with a maximum of 300 DPI to keep file size small.

Applications that do not follow the required format or that exceed the maximum page requirement will be delayed.

E-1 Visa Applications Required Format
Documents must be submitted with tabs dividing the sections clearly.
TAB A Forms	1. Form DS-160 confirmation page. 2. Form DS-156E (not required for dependent spouse or child) 3. Form G-28 – Notice of Entry of Appearance of Attorney as Representative (If you will be represented in this matter by an attorney
TAB B Introduction letter	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 the U.S. Department of State Foreign Affairs Manual (9 FAM 41.51), require the applicant to show that: 1. The requisite treaty exists; 2. The individual and/or business possesses the nationality of the treaty country; 3. The activities constitute trade within the meaning of the Immigration and Nationality Act, section 101 (a) (15) (E); 4. The trade is substantial; 5. The trade is principally between the United States and the treaty country; 6. 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; and 7. The applicant intends to depart the United States when the E- 1 status terminates.
TAB C Ownership Documents	• Articles of Incorporation (for corporations), Articles of Organization (for LLC’s) or other similar documents for US business; • Share certificates, Operating Agreement, Share Ledgers or other applications documents to confirm ownership; • Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company; • If the U.S. based business is a subsidiary or affiliate of a foreign corporation, provide their relevant incorporation and ownership documents for the business. • 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; and • Legal evidence of instances of ownership within that chain; • If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include: • An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the principal stock exchange of a treaty country; and • A sample of recently published stock quotations.
TAB D Applicant Information	1. A resume or curriculum vitae of the principal applicant. 2. If the applicant is not the owner but an employee, a job letter must be provided by the company. This letter should describe: a. the business. b. the job the applicant will do; and c. his or her qualifications for that job. 3. Organizational chart showing current staffing pattern at U.S. company. Statement of intent to depart the US upon termination of status, signed by the applicant.
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 an LLC), all figures should refer to its trade. Include the date, invoice number, and dollar value of each transaction. Show the total number and value of these transactions prominently.
	 Provide copies of all the invoices/purchase orders/bills of lading/carrier inventories summarized in the table (does not count towards page limit)  Sales contracts/contracts for services  Trade brochures  Insurance papers documenting commodities imported into the United States  Accounts receivable and accounts payable ledgers  Client lists  Other documents showing international trade is substantial and that at least 51% of the trade is between U.S. and the treaty country. Documents should also show that trade supports an ongoing business entity in the treaty country.

E-2 Visa Applications Required Format
Documents must be submitted with tabs dividing the sections clearly.
Tab A Forms	1. Form DS-160 confirmation page. 2. Form DS-156E (not required for dependent spouse or child) 3. Form G-28 – Notice of Entry of Appearance of Attorney as Representative (If you will be represented in this matter by an attorney
TAB B Introduction Letter	Cover letter describing the enterprise and the beneficiary. This letter should address all the requirements for E-2 visa eligibility. These, which are described in depth in U.S. Department of State Foreign Affairs Manual (9 FAM 402.9-6), require the applicant to show that: 1. The requisite treaty exists; 2. The individual and/or business possess the nationality of the treaty country; 3. The applicant has invested or is actively in the process of investing; 4. The Enterprise is a real and operating commercial enterprise; 5. The applicant’s investment is substantial; 6. Investment is more than a marginal one solely for earning a living; 7. The applicant is in a position to “develop and direct” the enterprise; 8. The applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operations in the United States; and 9. The applicant intends to depart the United States when the E- 2 status terminates.
TAB C Ownership Documents	• Articles of Incorporation (for corporations), Articles of Organization (for LLC’s) or other similar documents for US business; • Share certificates, Operating Agreement, Share Ledgers or other applications documents to confirm ownership; • Color photocopies of the bio data pages of the passports of the owners of the ultimate parent company; • If the U.S. based business is a subsidiary or affiliate of a foreign corporation, provide their relevant incorporation and ownership documents for the business. • 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; and • Legal evidence of instances of ownership within that chain; • If the investor is a public company with many shareholders, none of whom owns more than 50%, please also include: • An affidavit signed by the appropriate corporate official asserting that the company is traded exclusively on the principal stock exchange of a treaty country; and • A sample of recently published stock quotations.
TAB D Applicant Information	1. A resume or curriculum vitae of the principal applicant. 2. If the applicant is not the owner but an employee, a job letter must be provided by the company. This letter should describe: 1. the business. 2. the job the applicant will do; and 3. his or her qualifications for that job. 3. Organizational chart showing current staffing pattern at U.S. company. 4. Statement of intent to depart the US upon termination of status, signed by the applicant.
TAB E Source of Funds	 Personal statement of net worth prepared by a certified accountant  Transactions showing payment of sold property or business (proof of property ownership and promissory notes) and rental income (lease agreements)  Voided investment certificates or internal bank vouchers and appropriate bank statement crediting proceeds  Debit and credit advices for personal and/or business account withdrawals  Audited financial statement  Annual report of parent company  Net worth statements from certified professional accountant  Wire transfer receipts
TAB F	 Provide a spreadsheet listing every irrevocable investment expenditure during the last calendar year. Include the date, item(s)/service(s) purchased, invoice number, and dollar value of each transaction. Show the total value of these expenditures prominently.  Invoices, contracts, and receipts for all purchases summarized in the table, including all inventory purchases and shipment invoices of inventory, equipment, or business-related property (does not count towards page limit)  Improvement expenses  Financial reports
Irrevocable Investment	 Tax returns (does not count towards page limit) (tax transcripts)  Lease agreement and/or assumption of lease agreement  Initial business accounts statements  Business account statement for routine operations  Escrow documents and/or closing and settlement papers  Loan or mortgage documents and/or promissory notes  Tax valuation if available  Market appraisal if available
TAB G Real and operating	 Occupational license  Business license/business permits  Sales tax receipt  Utility/telephone bills  Business transaction records  Current/commercial account statements  Letters of credit  Invoices from suppliers  Advertising leaflets  Business brochures/promotional literature  Newspaper clippings
TAG H Marginality	 Payroll register, records of salaries paid to employees (if any), employee data including names, rates of pay, copies of W-2s.  Financial projections for next 5 years, supported by a complete and thorough business plan  Business income and current corporate tax returns  Proof of registration, ownership, audited financial and review engagements.  Latest audited financial statement or non-review statements  Annual reports

 

DEPENDENTS

For derivative applicants, please, bring the marriage certificate for spouses, and the birth certificate for the unmarried children under 21 years old with the rest of documents (form DS-160 confirmation page, photo 5×5 with white background and no glasses and the original valid passport) at the day of your interview.

Please, be aware that we do not accept the Libro de Familia as proof of family ties.