New E-1 cases

Supporting documentation for new E-1 cases

If you are the first E-1 visa applicant from the treaty enterprise after June 20, 2016, please mail hard copies of the supporting documentation to our office at U.S. Embassy Madrid, Consular Section, E-visas Unit, Calle de Serrano, 75, Madrid 28006, via postal or courier service before booking the online appointment. The submission should be received at least two weeks prior to the interview date to ensure that the case can be interviewed on the date requested by the applicant. Only applications in the queue for New Cases will be considered for company enrollment. Please note: maximum e visa packet size is 50 pages. The following documents do not count towards the 50-page limit: forms DS-160, DS-156E, G-28, appointment confirmation, civil documents, copy of passport bio-page, tabs/dividers.

Please review your submission before sending it to ensure that all required and supporting documents have been submitted. Submissions that do not meet the above requirements will be returned to the sender, and may result in a postponement of the applicant’s interview.

In addition to mailing the application packet, the applicant should bring a physical copy of the entire package and any additional relevant documents that did not fit into the 50-page packet to the interview. The E-visa unit may contact the applicant and his/her legal representative prior to the interview date for additional information, if needed.

Please note: Should vital information required for the interview be missing from the application on the date of the appointment, the consular officer may decide to postpone the appointment to a later date without interviewing the applicant. In addition, if the consular officer determines that supporting documents are missing from the application, the case will be refused under section 221(g) of the Immigration and Nationality Act until such documentation is provided.

All submissions for new E-1 cases should be organized into tabbed sections comprised of the following documentation:

  1. Confirmation of appointment.
  2. DS-160 Form confirmation page for all applicants and dependents. (Note: All visa applicants, including dependents, must pay a non-refundable application fee of $ 205.)
  3. Form DS-156 E (PDF 587 KB) signed by an officer legally empowered to act in the company’s name.
  4. If your photograph could not be uploaded to your online DS-160, one 2×2 passport-style photograph for each applicant, taken on plain white background within the last six months.
  5. A cover letter summarizing the requirements for an E-1 visa and how the applicant(s) fulfill(s) them. State exactly and precisely how the enterprise and applicant qualify. Please do not include lengthy citations from the Foreign Affairs Manual (FAM) or the Code of Federal Regulations (CFR).
  6. Comprehensive Index/Table of Contents
  7. For each dependent: A copy of civil documents establishing the relationship between the principal applicant and any dependents (spouse or child under age 21), e.g. government issued birth and/or marriage certificates, adoption papers, etc. At the interview, we will require the original civil documents. Notarized copies, religious documents, hospital records, and short form birth certificates that do not show parentage do not satisfy this requirement.
  8. Supporting documentation as outlined in the Document Checklist below.

Document Checklist

Supporting documentation must be bound with sections clearly delineated by dividers with tabs. Please do not mail a binder. If there are more than two documents under one of the numbered tabs, please subdivide the numbered sections into lettered subsections with tabs. Organized submissions ensure an efficient review of an applicant’s case and reduce the need for clarification that may delay processing.

Reminder: Maximum e visa packet size is 50 pages. The following documents do not count towards the 50-page limit: forms DS-160, DS-156E, G-28, appointment confirmation, civil documents, copy of passport bio-page, tabs/dividers.

The following is a list of suggested documentation in the order in which it should be indexed. Additional documents may be requested depending on the circumstances of the case.

I. E-1 Proof of Nationality of Trader or Applicant

  • Photocopy of passport biographical page (Please Note: Do not mail actual passport)
  • Evidence of legal status in Spain

II. E-1 Ownership Documents (either A, B or C)

  • A. Sole Proprietorship:
    • Business registration documents
  • B. Partnership:
    • Partnership or joint venture agreement
    • Shares/stock certificates indicating total shares issued and outstanding shares
  •  C. Corporation:
    • Shares/stock certificates indicating distribution of ownership, i.e. shares held by each firm and shares held by individual owners
    • Corporate matrix
    • If publicly traded on the principal stock exchange of a treaty country, enclose a sample of recently published stock quotations

III. E-1 Trade

  • Purchase orders
  • Bills of lading
  • Sales contracts/contracts for services
  • Letters of credit
  • Carrier inventories
  • Trade brochures
  • Insurance papers documenting commodities imported into the U.S.
  • 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.

IV. E-1 Executive/Managerial/Supervisory/Essential Skills

  • Letter from the E-1 visa enterprise providing specific information on the applicant and the reasons for his/her assignment to the U.S.
  • For Executive/Managerial/Supervisory: The letter should explain the employee’s role in the E-1 visa company (job title and duties), the applicant’s executive or supervisory responsibilities, his/her employment experience, progression of promotion or high level training or special qualifications.
  • For Essential Skills: Applicant’s specialist role, the level of education and knowledge required by the employee’s position, the salary the special qualifications can command, and the reasons why a U.S. citizen or legal permanent resident cannot fill the position.
  • Letter from responsible official at U.S. company or office identifying the need for assigned employee.
  • Organizational chart showing current staffing pattern at U.S. company.
  • Evidence of executive, supervisory or specialized knowledge, education, experience, skills or training, such as certificates, diplomas or transcripts.