Treaty Trader (E-1) Company Registration

Companies seeking Treaty Trader status pursuant to the U.S.-Japan Treaty of Friendship, Commerce, and Navigation must be majority-owned by Japanese citizens and individual employees must be Japanese citizens to qualify for this visa. Approval and registration of the company with the Nonimmigrant Visa Unit at the U.S. Embassy in Tokyo or the U.S. Consulate General in Osaka is required prior to issuance of an E visa. Even if an applicant has received a change of status to E-1 from the Department of Homeland Security (United States Citizenship and Immigration Services (USCIS) in the United States, he/she is required to register the company in Japan before an E visa can be issued. Companies that have not been registered for Treaty Trader (E-1) status should follow the steps below, submitting sufficient documentation to prove that your company meets each criteria.

If your company is registered, see here.

Step-by-Step Application Procedure Guide:

Step 1:  Review the E Visa General Information for Treaty Traders & Treaty Investors to determine whether the company and trade meet the requirements for Treaty Trader (E-1) status.

Step 2:  Log-in to our online applicant system and create a profile.  After you have paid the visa application fee, save your 12 digit receipt number for your records.

* Please DO NOT MAKE AN APPOINTMENT at this point, the Embassy/Consulate will inform the E visa applicant or the company representative when the review is complete and the appointment can be scheduled.

Step 3:  Applications must be submitted in a binder divided into sections clearly separated by lettered or numbered tabs. Only submit additional documents if they are essential to the application. English translations must be attached to all documents in a foreign language.  Applications not complying with the format will experience a delay in processing.

Note: The company name on the Form DS-156E must be exactly the same name which has been registered at the state government. The company name (including space and comma) should not be omitted.

Step 4:  You will be notified of your interview appointment by us via e-mail or fax.  Please wait until you hear from us.

Table of Contents

This table must identify the documents provided and their respective location within the application as provided in the tab sequence set out here below.

Example:
Table of Contents
Tab 1:  Cover letter
Tab 2:  Forms
Tab 3:  Applicant Information
Tab 4:  Nationality of the Enterprise
Tab 5:  Trade

Tab 1

Company letter describing the enterprise in the U.S. and the beneficiary (position and qualifications).

This letter must address all requirements for E visa eligibility as defined by the Foreign Affairs Manual 9 FAM 402.9. Specifically, the letter must address how the applicant will demonstrate that he/she meets all requirements under 9 FAM 402.9 including:

  • The requisite treaty exists(9 FAM 402.9-4(A))
  • The individual and/or business possesses the nationality of the treaty country (9 FAM 402.9-4(B))
  • The activities constitute trade within the meaning of INA101(a)(15)(E) and (9 FAM 402.9-5(B))
  • Such trade is substantial (9 FAM 402.9-5(C))
  • Such trade is principally between the United States and the treaty country (9 FAM 402.9-5(D))
  • The applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operations in the United States (9 FAM 402.9-7(B)(C))
  • The applicant intends to depart the United States when the E-1 status terminates (9 FAM 402.9-4(C))
Tab 2 Forms

  • DS-160 Confirmation page
  • Copy of visa application fee receipt (If you pay your visa application fee by Pay-easy ATM, please submit a copy of the payment receipt.  If you pay the fee  by a credit card, please print out the page showing a 12 digit receipt number. )

*Create a profile and pay the visa application fee. Please do not schedule an interview appointment. Close the calendar screen after completing the payment. Applicants will not be interviewed until the company registration review is completed. The Embassy/Consulate will instruct the applicant to schedule an interview appointment after finishing review of the registration documents.

  • Color photo:  5cm x 5cm photo with a white background, taken within the last six months.
  • Form DS-156E Part I, II & III (Type “156” in the Keyword field to search the form):  Contact information must include an e-mail address.
  • G-28 (PDF 350KB):  “Notice of Entry of Appearance as Attorney or Accredited Representative”, including contact e-mail address, fax number, and phone number should also be submitted if applicable.
Tab 3

Applicant Information

For all applicants, the following should be included:

  • A color photocopy of data (photo) page of passport
  • Corporate organizational chart of your U.S. company showing how the applicant’s position fits into the organization
  • Detailed resume including references with contact information
  • Relevant diplomas, job training certificates, and/or letters from previous employers
  • Signed statement of intent to depart the US upon termination of status
  • A copy of I-797 (any changes or extensions of status granted by USCIS)
  • Marriage certificate//family registry (as applicable)
Tab 4

Nationality of the Enterprise (9 FAM 402.9-4(B))

Examples include:

  • Articles of Incorporation or Organization
  • By-Laws
  • Minutes of the meeting
  • Stock certificates and stock ledger
  • Detailed list of owners of the enterprise and what percentage each owns
  • A copy of the most recent trading information on the stock for the Japanese parent company showing the percentage of stocks held by Japanese Owners (e.g. Tokyo Stock Exchange). If not listed, please submit a detailed statement about the nationality of affiliated companies, passport copies of majority shareholders, etc

Tab 5

 

 

 

 

Trade (9 FAM 402.9-5)

Evidence of “substantial” and “continuous flow” trade principally between the U.S. and Japan.

  • Provide a spreadsheet listing the date, invoice number, and dollar value of recent transactions
  • Provide bills of lading, air waybills, invoices and evidence of payments made from/to the U.S. for the last 6 months
  • Most recent U.S. Internal Revenue Service (IRS) tax returns (U.S. tax forms must be copies of the signed and dated forms actually submitted to the IRS)
  • Most recent financial statements
  • Circular chart: From your U.S. company’s point of view, circular chart of total trade volumes at cost (exporting and importing) by countries showing percentage of international trade
  • Business plan

 

For a list of other suggested documentation, please also see 9 FAM 402.9-11

 Please note the following when submitting your registration documents:

  • New company registrations are processed at the Embassy in Tokyo or at the Consulate in Osaka using the same procedures and criteria.  You should submit your application packet to the nearest convenient location to minimize your travel time and expense on the date of your visa interview. Your visa interview will be conducted at the location where you submitted your application packet.

Applications for the U.S. Embassy in Tokyo should be sent to:  U.S. Embassy Tokyo, Non-immigrant Visa Branch, E visa section, 1-10-5, Akasaka, Minato-ku, Tokyo 107-8420

Applications for the U.S. Consulate General in Osaka should be sent to:  U.S. Consulate General Osaka-Kobe, Visa Branch, 2-11-5, Nishitenma, Kita-ku, Osaka 530-8543

  • Please send your documents using a LetterPack Plus, or via registered mail so that you may track the delivery of the documents.
  • In cases where it is necessary to protect the confidentiality of documentation, please provide a self-addressed, stamped envelope together with the new application package should you wish it to be returned directly to the company/corporate lawyer. Unless this is otherwise provided, we will return the registration package to the applicant at the time of his/her interview.
  • The Embassy/Consulate will inform the E visa applicant or the company representative when the review is complete and the appointment can be scheduled. Processing time for the review of properly filed treaty trader registration applications takes several weeks. Incomplete applications may be subject to processing delays, so please review the above listed requirements carefully before submitting your application.

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