Instructions For Form I-129 - Petition For A Nonimmigrant Worker Page 16
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23Extension of Stay: A petition for an extension of stay must
1. Ownership and Nationality, including but not limited to
be filed with the initial evidence listed below and with the
lists of investors with current status and nationality, stock
initial evidence required by the separate instructions for all
certificates, certificate of ownership issued by the
petitions for extension. However, a petition for an extension
commercial section of a foreign embassy, and reports
based on unchanged, previously approved employment need
from a certified personal accountant;
only be filed with the initial evidence required by the separate
extension of stay instructions.
2. Substantial Trade (E-1), including but not limited to copies
of three or more of the following: bills of lading, customs
E-1
receipts, letter of credit, trade brochures, purchase orders,
insurance papers, documenting commodities imported,
An E-1 is a national of a country with which the United
carrier inventories, and/or sales contracts;
States maintains a qualifying treaty, who is coming to the
United States to carry on substantial trade principally
3. Substantial Investment (E-2), including but not limited to
between the United States and the alien's country of
copies of partnership agreements (with a statement on
nationality.
proportionate ownership), articles of incorporation,
payments for the rental of business premises or office
Qualifying trade involves the commercial exchange of goods
equipment, business licenses, stock certificates, office
or services in the international market place. Substantial trade
inventories (goods and equipment purchased for the
is an amount of trade sufficient to ensure continuous flow of
business), insurance appraisals, annual reports, net worth
international trade items between the United States and the
statements from certified professional accountants,
treaty country. Principal trade exists when than 50 percent of
advertising invoices, business bank accounts containing
the E-1's total volume of international trade is conducted
funds for routine operations, funds held in escrow; or
between United States and the treaty country.
4. Executive or Supervisory Duties, or Special
E-2
Qualifications Essential to the Enterprise (E-1 Employee
or E-2 Employee), including but not limited to certificates,
An E-2 is a national of a country with which the United
diplomas or transcripts, letters from employers describing
States maintains a qualifying treaty, who is coming to the
job titles, duties, operators' manuals, and the required level
United States to develop and direct the operations of an
of education and knowledge.
enterprise in which he or she has invested or is actively in
the process of investing a substantial amount of capital.
Change of Status
An E-2 must demonstrate possession and control of funds and
In addition to the initial evidence for the classification you are
the ability to develop and direct the investment enterprise.
requesting, a petition requesting a change of status for an alien
Capital in the process of being invested or that has been
in the United States must be submitted with a copy of the
invested must be placed at risk and irrevocably committed to
employee's(s) Form I-94, Nonimmigrant Arrival/Departure
the enterprise. The enterprise must be a real, active, and
Record.
operating commercial or entrepreneurial undertaking, that
produces services or goods for profit. The investment must be
NOTE: Family members should use Form I-539, Application
substantial, and the enterprise must be more than marginal.
to Change/Extend Nonimmigrant Status, to apply for a change
of status.
E-1 or E-2
A nonimmigrant, who must have a passport to be admitted,
An employee of an E-1 or an E-2 who possesses the same
must keep that passport valid during his or her entire stay. If a
nationality may respectively be classified as E-1 or E-2. The
required passport is not valid, include a full explanation with
employee must principally and primarily perform executive or
your petition.
supervisory duties or possess special qualifications that are
essential to the successful or efficient operation of the
The following nonimmigrants are not eligible to change
enterprise.
status:
E Petition Requirements
1. An alien admitted under a visa waiver program;
The petition must be filed with evidence of:
2. An alien in transit (C) or in transit without a visa
(TWOV);
Form I-129 Instructions (Rev. 12/04/09)Y Page 16
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