Embassy of the United States

Non-Immigrant Visas

Treaty Trader and Treaty Investor Visas (E-1/E-2 Visas)

Norwegian citizens may apply for treaty investor (E-1) or treaty trader (E-2) visas in order to do business in the U.S.  These visas are based on the treaties that exists between the U.S. and Norway.  A person may qualify for “E status” if he or she is coming to the U.S. to engage in significant trade in services or technology, principally between the U.S. and Norway, or to develop and direct the operations of a business into which he or she has invested or is in the process of investing a significant amount of capital.  Please see below for more information.  There is an additional application required for E visa applicants, the DS-156E supplementary application form, which is available here: http://www.state.gov/documents/organization/79963.pdf

Submitting an E Visa Renewal or Application for an Employee of a Company Already Approved by the American Embassy in Oslo

A person renewing an E visa or an employee of a trader or investor whose E visa approval is already on file at the Embassy may follow our basic directions for applying for his/her visa.  Applicants should include in their applications the DS-156E, which pertains to the individual applicant, as well as any necessary updates to the DS-156E to their interview; most parts of the application need to be updated on a yearly basis.  Annual updates should include US tax returns that match the financial year listed on the DS-156E. Please note that the company’s registration as a valid treaty investor or trader company is reviewed with each visa application.

Submitting a First-Time E Visa Application

A first-time E visa application must be submitted by mail to American Embassy; Henrik Ibsens gate 48; 0244 Oslo.  If and when the application is deemed approvable, the applicant will be called to schedule a personal interview. The following documents make up the application:

1. All required documents/items/payment as listed at our Visa checklist Page, except passport(s)
2. Copies of passports for all applicants (originals must be submitted at the interview)
3. DS-156E (see above): Page three of the DS-156E must be completed for each applicant employed in the business.
4. A cover letter summarizing the requirements for an E visa and how the applicant(s) fulfill(s) them.
5. All required supporting documentation as described in the directions for the DS-156E and below.

Processing Information

When we have received the completed submission and the processing fee has been paid, we will enter the case into our database.  Once this occurs, it will normally take approximately 4-6 weeks to adjudicate the case. At the end of this period, one of three things will occur:

1. We will refuse the visa per INA Section 214(b) if it is clear that the applicant does not meet all of the requirements for the visa.  The applicant is welcome to reapply if the facts of the case change, but he/she will be required to pay the $131 (U.S.) per person processing fee again.  If the applicant chooses to reapply within one year from the time of the original application, he/she need not re-submit the whole application, as we keep applications on file for one year from the receipt date.  However, the applicant must submit additional documentation addressing the reasons for the previous refusal.
2. We will refuse the visa per INA Section 221(g) if the information contained in the original application was insufficient to establish eligibility but we require more information to make a final determination. The applicant may submit -- within one year -- additional documentation addressing the reasons for the previous refusal without paying an additional $131 (U.S.) processing fee. The applicant need not re-submit the whole application as we keep applications for one year from the receipt date.  Please note: When the applicant re-submits the case it will be entered into the processing queue on the date the resubmission is received. Therefore, it could take an additional 4 to 6 weeks for the case to be reviewed again. It is obviously in the applicant's best interest to submit a complete application the first time.
3. We will contact the applicant to arrange for an interview.

What Makes Up an Approvable Application for an E Visa

A "good" application is one that concisely addresses and satisfies all requirements for an E visa. Critically important to a well-organized application is a detailed cover letter specifically addressing each of the requirements listed below and summarizing how the applicant fulfills each of them. If one or more criteria are not satisfied based on the documentation provided, then the application will be returned to the applicant requesting that additional information be provided. In addition to this requirement, it is up to the applicant to present a case in a manner that is clear and well-organized, where ownership and finances can be traced, and where the consular officer can easily check the basic requirements for E visa issuance. We will return poorly organized, incomplete, or inadequately documented submissions for clarification. Please note that the applicant bears the burden of proof to demonstrate his/her qualifications for the E visa.

Useful Documents to Submit

You should follow the regulations on E visa issuance in order to prepare your application; please find them here: http://www.state.gov/documents/organization/87219.pdf. Not all of the following documents will be applicable for your application; however, the list below should give you an idea of what you may need to provide. 

• Cover letter to summarize the documents in the application and explain their relevance;
• Corporate tax returns for the past two years;
• Income Statement and Asset/Liability Statement;
• Loan Documents, Promissory Notes, and mortgages;
• Proof of ownership such as Stock Certificates; and/or
• Evidence of employees (i.e., W-2s).   

Common Reasons Why a Case Might Initially Be Refused

1. The application is unclear.
   Providing reams of paper is not the same as clearly showing why the business qualifies for this visa. For any document you submit, please make it clear why you have done so by highlighting or otherwise noting the important information in the document.
2. The application does not show that the business is currently, or is expecting to, earn money or create a significant economic impact.
   To do this, please indicate clearly the number of employees the business has hired or intends to hire and how much money the business is earning. The best way to do this is usually by furnishing corporate income tax returns and income statements for the business as well as evidence of payroll taxes.
3. The investment is not clearly shown.
   We need to see all mortgage and loan documents, promissory notes, and cancelled checks pertaining to the investment to determine its existence and whether it is substantial enough to satisfy the requirements for the visa.