E2 Instructions Buy Existing (Non-Franchise)

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Instructions and Required Documents for E-2 Investor Visa Please carefully follow these instructions regarding the purchase of an existing business in the United States in order to maximize your chances of E-2 visa approval:

Step 1: Find a business that you are interested in purchasing: You can search businesses for sale through a reliable business broker, the internet, or referrals from friends and relatives. Generally, a good business for the E-2 investor visa should generate at least $200,000 annual gross revenue; at least $50,000 annual profits before taxes; and employ at least 2 part-time or full-time U.S. workers (not including owner or owner’s family) as reflected in the company’s tax returns and payroll records. Part-time employees should work on average of at least 20 hours per week per person. Please note that unreported income and unreported cash workers do not count for E-2 visa purposes.

If the business does not earn sufficient profits, it is still possible to qualify for the E-2 visa. In this case, you would have to purchase the business first and employ at least 2 U.S. workers to help you operate the business (not counting your family members) before you may apply for the E-2 visa. If you use escrow, escrow needs to close and the business needs to become yours before we can apply for the visa.

You will also need to spend additional money to improve the business to convince the visa officer that the business will earn sufficient profits and employ sufficient U.S. workers under your ownership. You will also need to prepare a business plan to demonstrate improvements to your business and projected revenues and profits for the next 5 years.

Keep in mind that although you are the owner of the business, you cannot personally manage the business until you receive the E-2 visa. Your U.S. employees will have to manage the business for you before you receive the E-2 visa.

Step 2: Conduct Due Diligence: Upon finding a business that you are serious about purchasing, please ask the seller to provide copies of the following documents for review:

(a) Business federal income tax returns for the past 2 years; (b) Profit and loss statements for the past 2 years (prepared by CPA); (c) Monthly Profit and loss statements past year (prepared by CPA); (c) Payroll records for the past 12 months; and (d) Current year-to-date Profit and Loss Statement (prepared by CPA).

After examining these documents, you will be advised on whether this business is a good candidate for the E-2 visa.

IMPORTANT: Please note that legal advice and services to you only relate to your qualifications for the E-2 investor visa. For any business law, contract, tax, and/or financial advice, you need to hire an attorney specializing in business law and a Certified Public Accountant (CPA) to assist you with the purchase. Although not required, it is prudent to have a business law attorney review the purchase contract, franchise agreement, lease and other legal documents, as well as, a CPA review the business’ financial records to ensure your rights are protected.

Please note that if you do not have a Social Security Number (SSN), you should apply for an Individual Tax Payer Identification Number (ITIN) with the IRS by submitting the IRS Form W-7. Either an SSN or ITIN may be necessary when applying for business license(s). You should apply for the ITIN as soon as possible, because the process could take 45 to 60 days or longer.

Step 3: Sign Purchase Contract: After agreeing to all the contract terms with the seller and completing the due diligence, you may be ready to sign the purchase contract at this time. Please allow your attorney to review a copy of the contract before you sign to ensure the terms comply with the E-2 visa requirements. If the business already earns sufficient profits as shown on the tax returns and employs at least 2 employees, recommendation that the contract includes a term stating that the purchase is subject to you obtaining the E-2 investor visa. If you and the seller agree to condition the purchase on visa approval, then you must deposit the entire purchase money into an escrow account (see step 4) in order to satisfy the E-2 visa requirements.

If the business currently does not make sufficient profits and/or does not employ U.S. workers, then you cannot condition the purchase on E-2 visa approval. In this case, you have to purchase the business outright, and then spend additional money to improve the business, hire at least 2 employees not related to you, and prepare a business plan before submitting your E-2 visa application. You should spend at least $15,000 to improve your business.

Note regarding appropriate investment amount. If the purchase price is less than $100,000, then you need to deposit additional cash into your business account to make-up the difference. For example, if you purchased the business for $70,000, then you should deposit at least an additional $30,000 into your business account to cover business operation expenses such as rent, payroll, inventory, to improve the business, and to have working capital. The more money you invest, the stronger your E-2 application will be.

Note regarding required investment percentage. The E-2 visa requires the applicant to contribute sufficient percentage cash towards the business purchase based on a sliding scale. The lower the purchase price, the higher the percentage cash contribution required from the E-2 applicant and vice versa. If the business purchase price is between $150,000 and $500,000, then you need to pay at least 75 percentage cash and may finance up to 25 percent of the purchase price. For example, if the full purchase price of the business is $200,000, then you must contribute at least $150,000 cash towards the purchase and the remaining $50,000 may be financed by loan from bank or seller. If the purchase price is less than $150,000, then you need to buy the business with 100 percent cash. If the business costs more than $500,000, then you must contribute at least 50 percent cash and may finance the remaining 50 percent.

Step 4: Transfer Purchase Money: Option 1: Purchase is Not Contingent on Visa Approval - If you agree to buy the business outright without any conditions, then you need to transfer the full purchase money directly from your personal bank account to the seller’s bank account by wire-transfer or check deposit to prove that you acquired the business. Do not pay with cash.

If you open an escrow, then transfer the purchase money directly from your personal bank account to the escrow account by wire-transfer or check deposit. The full purchase amount must be deposited into escrow. All escrow conditions must be satisfied evidencing the transfer of business ownership to you.

Option 2: Purchase is Contingent on Visa Approval - If the purchase is subject to the issuance of your E-2 visa, then you must open an account with an escrow company and deposit the full purchase money into escrow. This option is not available if the business you are buying does not show sufficient profits or employees during the last tax year. The money must be transferred directly from your personal bank account to escrow account by wire-transfer or check deposit. Do not pay with cash. When you obtain the E-2 visa, the escrow company should release the money to the seller and complete your purchase transaction. Please note that the only condition you may place on escrow before transferring the money to the seller is your E-2 visa approval.

What is an Escrow? An escrow company is a neutral third party that holds your purchase money in trust until certain contract condition is satisfied. Once the condition is satisfied, the escrow company would then transfer the money to the seller. In your case, you and the seller may agree to make the purchase contingent on the approval of your E-2 visa. If the visa is not granted, then the escrow company is required to return the money to you for failure of contract condition.

IMPORTANT: Before you transfer any money to the escrow or seller’s account, first, you need to decide how to prove the source of your investment funds. Please see pages 11 to 14 of this instruction letter for the different options of proving qualifying fund source. Choose the option that you can clearly prove as the source of your investment funds. If you are not sure or have any questions, please contact me. Demonstrating that the investment money came from a qualifying source is very important for the E-2 visa application.

Step 5: Set-up Corporation or LLC: If you made an asset purchase rather than a stock purchase of the business, then you should register a Limited Liability Company (LLC) or a Corporation for your business to protect you against personal liability from business debts.

Please note that the principal E-2 applicant needs to have at least 51 percent or more shares of the company and contribute 100 percent of the investment funds.

Definitions:

Asset Purchase - An asset purchase involves the purchase of the selling company's assets, including facilities, vehicles, equipment, inventory, etc.

Stock Purchase - A stock purchase involves the purchase of the selling company's stock only.

To register a corporation or Limited Liability Company (LLC), you can either hire an attorney to assist you or use an online incorporation service depending on the level of service you need. An attorney can provide you with legal advice, but is generally more expensive than an online service. If you plan to set-up a simple corporation or LLC with one or two owners, then the online service is usually sufficient. Here is a sample list of online services for your reference:

(a) http://www.legalzoom.com (b) http://www.corporate.com (c) http://www.incorporatetime.com (d) http://www.mycorporation.com (e) http://www.smallbizincorporator.com

You should review their websites carefully and exercise due diligence before hiring them.

Step 6: Obtain Business License(s): Apply for all required licenses to operate your business such as the city business permit and any other licenses necessary to operate your type of business.

Please note that Step 7 is only necessary if you are buying a business that does not show enough profits in their tax returns or does not employing enough U.S. workers on payroll. If you are buying a qualifying existing business, then you can skip Step 7.

Step 7: Start spending money from your business account to change and/or improve the business in order to convince the visa officer that your business will become profitable right away and create jobs for at least 2 U.S. workers (not including your family members) under your ownership. You should spend at least $15,000 of your investment funds to improve the business. The more money you spend to develop your business, the stronger your E-2 application will be. You should reserve at least $15,000 cash in your business account for business working capital.

You need to: o Remodel your store or restaurant, whichever is appropriate for your business.

o Make changes and improvements to your menu, products, decorations, marketing, promotions, whichever is appropriate for your business.

o Buy inventory (if any), furniture, equipment, computer and technology equipment, and any other supplies necessary for your type of business. You need to take 10 to 15 pictures of the interior and exterior of your store or restaurant to show that this is a real and actively operating business.

o Prepare a detailed Business Plan with 5-year revenue and income projections. See attached sample business plans for your reference. You can write the business plan yourself or hire a professional writer. The following are professional business plan writers, if you wish to hire someone to prepare the business plan for you:

a) Miri Rossitto – at [email protected] or (503) 804-4939 b) Robert Reincke - http://www.immigrationbusinessplans.com Please let them know that you need a business plan for E-2 investor visa, you should review their websites carefully and exercise due diligence before hiring them.

o Conduct marketing activities such as creating a website, advertising in various medias such as newspaper, magazines, yellow pages, and other publications, joining trade associations, send introduction letters to potential customers, and/or any other activities you can think of to promote your business. o Hire U.S. workers. You need to employ at least 2 U.S. workers right away, not including your family members. We need to provide at least one month of payroll with the E-2 application. The more employees you hire and the more and longer payroll we can show, the stronger your E-2 application will be. U.S. workers including U.S. citizens, green card holders and other people with valid employment authorization in the U.S. o Make any other improvements to your business that you can think of which will help convince the visa officer that your business will be profitable and more successful than it was under the previous owner. o IMPORTANT: Please document all business expenditures, including cancelled checks, bank statements, credit card statements, invoices, purchase contracts, payment receipts, deposit receipts, etc. It is very important to prove all business expenditures with clear documentary evidence. Try not to buy anything with cash. If you must transact in cash, please make sure you obtain an invoice and/or receipt from the vendor. Step 8: Gather Documents: Prepare and gather the documents listed in the following pages to prove your purchase of a U.S. business and made improvements to the business, if necessary. Then, send me all the documents together at one time. I recommend that you use a reliable courier mail service such as FedEx, UPS, or DHL to send me the documents. 6 Please provide clear photocopies of the following documents to our office TOGETHER AT ONE TIME. Do not send us partial documents or piece-by-piece at a time. Thank you. A. General Documents and Visa Photos 1. Original signed Representation Agreement, if not already sent to us. If you sent us the signed agreement by e-mail or fax, then we also need you to mail us the signed agreement with your “original” signature. 2. Complete copy of your valid passport 3. Complete copies of your spouse’s and child’s valid passports NOTE: Passports for all visa applicants should be valid for at least 2 years at the time of applying for the E-2 visa. If any applicant’s passport will expire within 2 years, you should renew the passport as soon as possible. 4. Your Marriage Certificate and License with certified English translations, if in a foreign language 5. Your child’s Birth Certificate(s) with certified English translations, if in a foreign language. The birth certificate needs to specify both parents’ names. 6. Copies of all prior U.S. visa or immigration related documents for all applicants, such as visa approval notices, denials letters, I-20 form for F-1 student visa, DS-2019 form for J-1 visa, etc. 7. Two (2) color visa photos for you and for any spouse and child who will also apply for the E-2 visa. Two photos required for each person. The photos must be 2 inches by 2 inches (or 5 cm by 5 cm) square, front face with white background, similar to U.S. passport photo size. See attached visa photo instructions. Make sure the photos conform exactly to the instructions. These visa photos need to be original, not copies. 8. Digital visa photo for you and for any spouse and child who will also apply for the E-2 visa. See digital photo instructions at this link: http://travel.state.gov/visa/visaphotoreq/visaphotoreq_5334.html You should bring the photo instructions to a passport photo shop and ask them to take digital passport photo(s) of you. Ask them to save the photo(s) on a CD or memory stick and provide me with your digital visa photo(s) in JPEG file format. Before sending me the digital photos, please test the photos at the U.S. State Department website at the following link to determine if they are satisfactory: 7 https://ceac.state.gov/genniv/ To test the photo at the above website, on the "Location" drop down menu, please select, "City and Country" of the U.S. embassy location where you will be applying for the E-2 visa. Then, click on the "Start Application" button. On the next page, a "Test Photo" button should appear. Click on the test photo button. Then, upload your and any spouse or children’s photos separately and follow the instructions on the webpage to test the photos. Once you have confirmed that the photos satisfy the US State Department's requirements, please email me the digital photos. Thank you. B. Evidence of Residency in the United Kingdom 1. Proof of U.K. home such as copy of your property title deed (if you own the house) or property rental/leasing agreement (if you rent your home) 2. Proof of U.K. employment such as complete copy of your U.K. Personal Income Tax Returns for the past 3 years. 3. If you own business(es) in the U.K., provide copies of your U.K. Business Income Tax Returns for the past 3 years. 4. If you are registered to vote in the U.K., provide copies of your most recent voting registration document 5. If you have U.K. driver's license, provide copy of your U.K. driver's license 6. Any other documents that demonstrates your current residence in the U.K. C. Company Ownership If your U.S. Company is a Limited Liability Company (LLC), provide: 1. Articles of Organization for LLC 2. Statement of Information for LLC, if any 3. LLC Operating Agreement 4. Federal Tax Identification Number for the LLC, also known as, the Employer Identification Number (EIN) 5. Membership Certificates showing investor’s ownership of the company, if any 8 6. Fictitious Business Name Statement (FBN), if necessary. The FBN is required only if you will use a different business name than the formal business name listed in the LLC’s Articles of Organization. If your U.S. Company is a Corporation, provide: 1. Articles of Incorporation 2. Statement of Information for Corporation, if any 3. Federal Tax Identification Number for the LLC, also known as, the Employer Identification Number (EIN) 4. Minutes of Organizational Meeting of the Board of Directors, if any 5. Corporate Bylaws, if any 6. Stock Certificate(s) showing investor’s ownership of the company, if any 7. Fictitious Business Name Statement (FBN), if necessary. The FBN is required only if you will use a different business name than the formal business name listed in the corporation’s Articles of Incorporation. D. Proof that Investment Has Been Made and Amount of Investment 1. Purchase Contract for the U.S. business (must be signed by both Seller and Buyer) 2. Escrow Agreement, Escrow Account Statement, and Escrow Receipt, if using escrow. Must provide signed copies of any documents requiring signatures and/or initials of the Seller and Buyer. 3. Closing and Settlement Papers, if using escrow. Must provide signed copies of any documents requiring signatures and/or initials of the Seller and Buyer. 4. Assumption of Lease Agreement or Sub-Lease Agreement with Seller. The lease must be signed by both landlord and tenant. 5. Bank statements showing the electronic transfer of funds or check deposit from your personal account to the escrow company OR the seller’s account, if you paid the seller directly and did not use escrow. 6. Copies of the purchase check(s) that were deposited into the escrow account OR the seller’s account 9 7. Bank statements showing the electronic transfer of funds or check deposit from your personal account to the business account for any additional cash investment for business operation expenses 8. Copies of the checks that were deposited into your business account for your additional cash investment Items 9 to 14 below in Section C are only required, if you are buying a business that does not show enough profits in their tax returns, financial statements, and/or not employing enough U.S. workers on payroll. If you are buying a qualifying existing business, then you can disregard items 9 to 14 below for Section C. 9. Company’s bank statements showing deposit of investment funds and checks issued for business expenditures 10. Receipts and invoices demonstrating costs incurred in improving the business such as remodeling, buying furniture, equipment, computers and technology equipment, telephone system, initial rent payment, cost of registering corporation or LLC, cost of any required licenses, etc. 11. Receipts and invoices for expenses relating to your website, technology equipment, marketing, advertising, and any other business expenses 12. Receipts and invoices for any start-up inventory, costs of capital improvements (office or store remodeling), and/or purchases of equipment, real property, if any 13. Shipping and customs documents for inventory, if any 14. Receipts and invoices for professional services related to your business such as legal, accounting, tax, engineering, marketing, business plan writing, etc. Important Points to Remember: 1. Please document all business expenditures, including cancelled checks, bank statements, credit card statements, invoices, purchase contracts, payment receipts, deposit receipts, etc. It is very important to prove all business expenditures with clear documentary evidence. Try not to buy anything with cash. If you must transact in cash, please make sure you obtain an invoice and/or receipt from the seller. 2. Provide invoices and receipts for ALL start-up expenditures. 3. Provide bank account statements to prove payments for all expenditures. You should pay for business expenses from your business account and minimize paying business expenses from your personal account. If you need to pay from personal account for whatever reason, please also provide your personal 10 account statements to prove your payments. If you pay from personal or business credit card, provide your credit card statements to prove the payments. The debits on your bank or credit card statements need to match the invoices and/or receipts. Keep in mind that the statements must show the account holder's name (i.e., the investor’s name or the business name) and the account number. Online print-outs that do not show the account holder's name and at least 3 digits of the account number are not acceptable to the visa officer. 4. Please do not pay any personal expenses from your business account. E. Proof of Source of Investment Fund Belonged to Investor The E-2 applicant is required to prove the entire investment amount belongs to the applicant and that the money came from lawful source(s). Below are different ways to show your investment funds were acquired lawfully. You need to trace the entire investment money from its original source(s) to the seller’s account or escrow account. Tracing the money means you need to provide bank account statements and fund transfer receipts (if any) showing the withdrawal of funds and account statements showing deposit of funds documenting the entire trail of the money from its origin(s) to your U.S. business account, escrow account and/or seller’s account, whichever is appropriate. The investment funds must come from the applicant’s personal account or applicant’s and his or her spouse’s joint account. Please avoid transferring money through many layers of accounts. Keeping the money trail simple will make your E-2 application stronger and have better chance of approval. Options for proving the lawful source of the investor’s investment funds: a. Option 1 (Personal Income): If you earned the money from your job or business, provide your: Personal and Business Income Tax Returns for past 3 years to show source of investment funds. Also, provide your personal account statement showing the withdrawal of funds for transfer to your U.S. business account. b. Option 2 (Personal Secured Loan): If you received money through loan secured against your own home, provide: Loan Agreement and proof of home ownership such as Home Deed and property tax documents. Provide your personal account statement showing the receipt of funds from the lender and also showing withdrawal of loan proceeds for transfer to your U.S. business account. Note that loans generally do not qualify for E-2 investment fund, except where the loan is secured against the investor’s personal asset, such as the investor’s home or unsecured personal loan. 11 Important Note regarding Home Equity Loan or Credit Line: If you obtained the investment funds from a home equity loan or credit line, please schedule the re-payment to start well after your E-2 visa has been approved. Please do not make loan payments from the business account. The loan must be re-paid from your personal funds from your personal bank account. c. Option 3 (Receiving Gift): If you received money as gift from relative, provide: Affidavit from relative attesting to the gifting of money to the investor and investor’s spouse and proof that relative received or earned the money lawfully such as personal and business tax returns for last 3 years and/or proof of real estate sales, etc. In addition, if the person gifting you the money is your brother or sister, please provide both your and your sibling’s birth certificates to prove your family relationship. If the person gifting you the money is your parent, please provide your parents’ marriage certificate and your birth certificates to prove your relationship. Provide the gifting person’s account statement showing the withdrawal of funds for transfer to your account and your personal account statement showing the receipt of gifted funds. Also, provide your personal account statement showing withdrawal of funds for transfer to your U.S. business account. d. Option 4 (Personal Unsecured Loan): If you received money through unsecured loan from relative, provide: Loan Agreement executed by the investor demonstrating the investor’s and investor’s spouse’s personal liability and proof that relative received or earned the money lawfully such as personal and business tax returns for last 3 years and/or proof of real estate sales, etc. In addition, if the person loaning you the money is your brother or sister, please provide both your and your sibling’s birth certificates to prove your family relationship. If the person loaning you the money is your parent, please provide your parents’ marriage certificate and your birth certificates to prove your relationship. Provide the lender’s account statement showing the withdrawal of funds for transfer to your account and your personal account statement showing the receipt of loan proceeds. Also, provide your personal account statement showing withdrawal of the loan proceeds for transfer to your U.S. business account. Important development regarding Unsecured Loans: Recently, the USCIS has started denying E-2 applications where the investment funds were obtained from unsecured personal loans even though the law specifically allows unsecured personal loans to qualify as E-2 investment funds. The USCIS has taken an irrational interpretation of the law and until someone sues them in court, they are currently refusing to recognize unsecured loans as qualifying E-2 funds. Thus, if you are applying for a change of status to E-2 directly in the U.S., your personal loan must be secured against your personal property in order to have a good E-2 application. Examples of personal property include your house, land, savings account, an investment account, or 12 some other significant asset with equivalent or higher value than the loan amount. Your personal property may be located in the U.S. or abroad. You are not limited to using personal assets in the U.S. If you wish to apply for the E-2 visa at the U.S. Embassy in your home country, then you can obtain the investment funds from an unsecured personal loan. Important Note regarding Personal Loan: If you obtained the investment funds from a personal loan, please schedule the re-payment to start well after your E-2 visa has been approved. Please do not make loan payments from the business account. The loan must be re-paid from your personal funds from your personal bank account. e. Option 5 (Sale of Your Property): If investment fund is derived from sale of your house: (1) Provide sales documents, such as Sales Agreement and any settlement/closing papers, bank statement showing deposit of sales proceeds into your bank account to show source of investment funds. (2) Provide documents of ownership of your house before you sold it, such as property tax documents, homeowner’s insurance policy, and/or copy of property deed, etc. for the past 2 years. (3) Provide your personal account statement showing withdrawal of the property sale proceeds for transfer to your U.S. business account. f. Option 6 (Sale of Your Investments): If the investment fund is derived from sale of your stocks: 1. Provide evidence of your stock ownership, such as stock certificates, recent brokerage account statements, etc. If the stocks are owned by your company rather than yourself personally, then you also need to provide proof that you own the company, including board meeting minutes, corporate bylaws, share certificates, and any other corporate documents reflecting your ownership of the company. 2. Provide evidence of the stock sale, such as bill of sale, attorney letter confirming the sale, brokerage transaction statements, etc. The evidence should clearly indicate the number of shares sold, value per share, total sales price, name of the company, seller’s and buyer’s names, sale date, etc. 3. Provide evidence that you received the sales proceeds from the buyer, such as your personal bank statement reflecting a deposit of the proceeds from the stock sale. 13 4. Provide your personal account statement showing withdrawal of the stock sale proceeds for transfer to your U.S. business account. g. Option 7 (Received Inheritance): If investment fund is derived from inheritance, please provide will, estate, and/or court documents showing the amount of inheritance bequeathed to you and your bank statement showing the deposit of the inheritance into your personal bank account. Provide your personal account statement showing withdrawal of the inheritance money for transfer to your U.S. business account. h. Option 8 (Sale of Your Business): If investment fund is derived from sale of your business: 1. Provide sales documents, including Sales Agreement, Bill of Sales and escrow settlement/closing papers, bank statement showing deposit of sales proceeds into your personal bank account to show source of investment funds. 2. Provide documents of ownership of your business before you sold it, such as business registration documents, business license, tax returns for last 3 years or if you owned the business for less than 3 years, then tax returns since you owned the business to the sales date. 3. Provide your personal account statement showing withdrawal of the business sale proceeds for transfer to your U.S. business account, escrow account, and/or seller’s account, whichever is appropriate. F. U.S. Business is a Real and Operating Business 1. Business Plan: If you buy a business that does not show sufficient profits during the last 2 years, then you also need to prepare a detailed business plan with 5-year revenue and income projections and demonstrate how you will improve and grow the business in order to increase the revenue. See attached sample business plan for your reference. You can write the business plan yourself or hire a professional writer. The following are professional business plan writers, if you wish to hire someone to prepare the business plan for you: a) Miri Rossitto – at [email protected] or (503) 804-4939 b) Robert Reincke - http://www.immigrationbusinessplans.com Please let them know that you need a business plan for E-2 investor visa and that you were referred by attorney Bobby Chung. 14 Please e-mail us a copy of your business plan in Microsoft Word file format. 2. Office, Store, and/or Office/Warehouse lease agreement, whichever is appropriate 3. City business license and any other licenses required to operate your type of business 4. Business’ Federal Income Tax Returns for the last 2 years 5. Financial statements (e.g., profit & loss, income, balance sheet, etc.) for the current year-to-date and last year under the seller’s ownership prepared by a certified public accountant 6. Financial statements (e.g., profit & loss, income, balance sheet, etc.) under your ownership for at least one month 7. Your Business Bank Statements from account opening to present. I need account statements for every month. 8. Payroll records for the last 2 years under seller’s ownership, if any 9. Payroll records for at least 1 month under your ownership 10. IRS Form 941, Employer’s Quarterly Federal Tax Return for the last 8 quarters (i.e., 2 years) under seller’s ownership. 11. California Form DE-6 or DE-9, Quarterly Wage and Withholding Report for the last 8 quarters (i.e., 2 years), if business is located in California. If located in another State, then provide the State Quarterly Wage Report for the state where the business is located for the last 8 quarters (i.e., 2 years). 12. Organizational Chart, include names of each employee and the immigration status of each employee such as U.S. citizen, Permanent Resident (Green Card Holder), etc. 13. Company marketing brochures and/or copy of advertisements, if any 14. Photos of the U.S. business. Please take at least 10 to 15 photos, including photos from outside and inside the office, store, or office/warehouse. Please provide actual print-outs of photos, not digital photos.

          • Please document all business expenditures, including cancelled checks, bank statements, credit card statements, invoices, purchase contracts, payment receipts, deposit receipts, etc. It is very important

15 16 to prove all business expenditures with clear documentary evidence. Try not to buy anything with cash. If you must transact in cash, please make sure you obtain an invoice and/or receipt from the seller. G. Foreign Investor’s Qualifications to Fulfill the Job Duties 1. Investor’s resume with details of education and work experience. Please provide as much details as possible regarding your relevant work experience. 2. Copy of investor’s degrees, diplomas, and school transcripts with certified English translations, if in foreign language Translation Requirement: Any foreign language document(s) must include certified English translations. Any person who is fluent in both English and the foreign language and is not related to the visa applicant(s) may translate the document(s). The translator must fill-out, sign, and date the attached “Certificate of Translation”. If you need referral to a translator, I suggest contacting this translation firm: http://www.translatexpress.com. Tell them you were referred by attorney Bobby Chung. Note regarding the E-2 dependent spouse’s employment authorization in the U.S. The E-2 investor’s dependent spouse may apply for an Employment Authorization Card in order to work in the U.S. If you are applying for the E-2 visa at the U.S. Embassy abroad, then the employment card is a separate application process in the U.S. after the dependent spouse enters the U.S. with his or her E-2 visa. The processing time for an employment card is usually approximately 2 to 3 months. If the E-2 dependent spouse is applying for a change of visa status to E-2 directly in the U.S., then the dependent spouse may apply for the employment card together at the same time as the E-2 status change application. The processing time for an employment card application and E-2 status change application is usually approximately 2 to 3 months. If the dependent spouse does not have a Social Security Number (SSN), he or she may apply for an SSN after obtaining the employment card. The dependent spouse should be aware that during the 2 to 3 months waiting period for an employment card, the dependent spouse does not have authorization to work in the U.S. If the investor does not have a dependent spouse, then please disregard this statement.