Non-Immigrant Visas

Treaty Trader/Investor Visa

Before you begin you should first visit the Department of State’s website by clicking here to learn more about qualifying for this type of visa.   Thailand is a “treaty nation” for purposes of applying for E Treaty Trader or Investor Visas, but nationals of some other countries may not qualify for this visa (click here for a list of eligible nations.)  You may also wish to consult with your attorney or accountant concerning the feasibility of pursuing this option.

Companies or individuals that are applying for E visas at U.S. Embassy Bangkok should set up a web pin and follow all procedures outlined on the Visa Information Service website, but should not make a specific appointment.  Instead, they should contact the non-immigrant visa unit (NIV) by email (bangkokbusinesstravel@state.gov) to register their company and schedule an interview.  This rule applies even if the applicant has already received a change of status notification to E-1 or E-2 from the USCIS while in the United States on another visa classification.

Applications should be sent to:

U.S. Embassy – Consular Section
Attention Business Visa Officer
95 Wireless Road
Bangkok 10330, Thailand

Required Documents and Presentation Order:

Applications should be submitted in a binder divided into sections clearly separated by lettered or numbered tabs.  Please do not submit additional documents if they are not integral to the application.  Upon review of the application, the U.S. Embassy will contact the applicant to schedule an interview appointment.  Please note that processing time for review of treaty trader / treaty investor visa registration applications, and scheduling of an interview, may take three weeks or more.

TAB 1.
Receipt for Visa Application Fee from Thai Post and receipt for Web Pin from Visa Information Service from website or Thai Post.

TAB 2.
Non-immigrant visa application forms DS-156 and DS-157 and one 5x5 cm photograph.  Please glue photo in designated area on first page of DS-156 form. 

The original receipt for the $100 MRV fee, glued or taped – NOT STAPLED – to a blank white sheet of paper. Effective January 1, 2008, the MRV fee will increase to $131.  At the same time, the exchange rate will decrease to 34 baht per dollar, making the new MRV fee to be 4454 baht.  Any visa applicants who have paid the prior $100 application fee before January 1, 2008 will be processed only if they are scheduled and appear for a visa interview before January 31.  Applicants who paid the prior $100 application fee and appear for a visa interview after January 31, 2008 must pay the difference $31 before they will be interviewed. The fee can be paid at any Thailand Post office in the Bangkok Metropolitan area and at any of the 246 "Pay at Post" counters found in Thailand Post offices nationwide.

TAB 3.
Photocopy of data (photo) page of passport. This tab should also include photocopies of applicant’s prior U.S. visas, as applicable.

TAB 4.
Form DS-156E. All four pages of the DS0156E must be included for any E1 or E2 visa application, including family members.  Be sure to include a contact email address.

TAB 5.
Cover letter describing the company in U.S. and/or in Thailand, the nature of the company’s trade or investment, the company’s plans for the development of the U.S. business over the next five years, a description of the position, and the background of the applicant.

TAB 6.
For E-1 Treaty Traders - Evidence of substantial trade. More than 50 percent of the company’s trade must be between the U.S. and Thailand. U.S. Customs invoices and/or purchase receipts may be submitted here. 
 
For First-Time E-2 Treaty Investors 

1) Evidence that more than 50 percent of the business will be owned by nationals of Thailand.

2) Evidence that funds have been invested or the investor is in the process of investing, and that the enterprise is currently running or will open its doors imminently.  It is important to provide proof of actual purchases and/or signed contracts and leases related to the enterprise, not just wire transfers to a U.S. account.

3) Evidence that investment is substantial, and that the enterprise is more than marginal.  If applicant is investing in a pre-existing company, certified copies of the company’s annual federal tax returns for the last three years must be included in this section.  An applicant is ineligible for E-2 status if the investment will only return enough income to provide a living for the applicant and his or her family.

For Returning Treaty Traders (E-1) and Investors (E-2)

1) Evidence that more than 50 percent of the business is owned by nationals of Thailand.

2) Certified copies of the company’s annual federal tax returns and Balance Sheets for last three years of business in the U.S.  If in U.S. for less than three years, then include this information dating back to company’s inception.

3) Copies of applicant’s individual tax returns for up to prior three years of work in the U.S.

For Returning E-2 employees of a Treaty Investor company
1) Copies of individual tax returns filed for at least the last year, up to three years prior.  W-2 forms filed by the company on behalf of the employee should be included as well.

TAB 7.
Applicant’s résumé and, if an essential employee, evidence that the employee has the essential skills needed by the enterprise, as well as the projected duration of this need.  You should include relevant diplomas, job training certificates, or letters from previous employers in this section.  Please also include an organizational chart of the company.

TAB 8.
If an attorney or representative has been designated to represent the applicant or company, please included form G-28 “Notice of Entry of Appearance as Attorney or Representative” (as appropriate), including contact email address and phone number.

Family:
Your spouse and unmarried children under 21 years of age may also apply for an E-1 or E-2 visa to accompany or follow you to the U.S. If eligible they will be issued a visa of their own based on your original visa. Your spouse and/or children may apply for a work permit with the USCIS in the United States. Children with a derivative visa may attend either a public or private school, and children under 21 may attend a college or university in the U.S. without obtaining a student visa.

Regardless of whether the principal E-1 or E-2 visa holder received their visa at U.S. Embassy Bangkok or elsewhere, if a family member is applying by themselves without the principal applicant present, the family member or resignated representative must provide, to the satisfaction of the Consular Officer:

• Full documentary evidence of the nature of the qualifying relationship to the principal visa holder; and

• Full documentary evidence of the current and ongoing validity of the principal E-1 or E-2 visa holder’s legal status in the U.S. within the visa category.

Duration of stay:
A visa is not a guarantee of entry into the U.S.  USCIS determines at the port of entry whether or not you may enter and the authorized duration of stay.

PLEASE CHECK THE AUTHORIZED DURATION OF STAY ENTERED BY THE USCIS OFFICER ON FORM I-94 IN YOUR PASSPORT!

For Further Information:
Contact us by mail:
U.S. Embassy – Consular Section
Attention Business Visa Officer
95 Wireless Road
Bangkok 10330, Thailand

Or Email: BangkokBusinessTravel@state.gov