Form I-129E&TN Application for Nonimmigrant Worker: E and TN Classifica

Application for Nonimmigrant Worker:
E or TN Classifications

USCIS
Form
I-129E&TN

Department of Homeland Security
U.S. Citizenship and Immigration Services

OMB No. 1615-0009
Expires 01/31/2022

► START HERE - Type or print in black ink.

Part 1. Applicant Information
If you are an individual employer or sole proprietor filing this application, or are filing for yourself as the applicant, complete Item
Numbers 1. - 2. If you are a company or an organization filing this application, complete Item Number 3. All filers should fill out
Item Numbers 4. - 11., as applicable.
1.

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Legal Name of Individual Employer, Sole Proprietor, or Applicant
Family Name (Last Name)

Given Name (First Name)

2.

Date of Birth (dd/mm/yyyy)

4.

Trade Name or “Doing Business As” Name (if applicable)

6.

Primary U.S. Office Address of the Company or Organization

7.

3.

Middle Name

Name of Company or Organization

5.

USCIS Online Account Number (if any)
►

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

ZIP Code
(USPS ZIP Code Lookup)

Is your mailing address different from your Primary U.S. Office Address?

Yes

No

If you answered “Yes” to Item Number 7., provide your mailing address below.
8.

Mailing Address

In Care Of Name (if any)

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province or Region

9.

Postal Code

Country

ZIP Code
(USPS ZIP Code Lookup)

Applicant's Contact Information
U.S. Daytime Telephone Number

U.S. Mobile Telephone Number (if any)

Email Address (if any)

Form I-129E&TN 01/31/19

Page 1 of 19

Part 1. Applicant Information (continued)
10.

Tax Payer Identification Numbers
Provide the following information, as applicable:
A.

Employer Identification Number (EIN)

B.

►
C.

►

U.S. Social Security Number (if applicable)
►

11.

Individual Taxpayer Identification Number (ITIN)

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E-Verify Information
A.

Are you an employer who, or will you work for a principal employer who, participates in the
E-Verify program?

Yes

No

If you answered “Yes” to Item A. in Number 11., provide the information requested in Items B. - C.
B.

C.

Employer's Name
as Listed in E-Verify

Employer's E-Verify Company Identification Number or
an E-Verify Client Company Identification Number

Part 2. Information About This Application
1.

Requested Nonimmigrant Classification (Select only one box)
A. E-1

2.

B. E-2

C. E-2 CNMI Investor (extensions only)

D. E-3

E. NAFTA (TN)

Basis for Classification (Select only one box)
A. New employment/investment/trade.

B. Continuation of previously approved employment/investment/trade without change with the same employer.
C. Change in previously approved employment but continuation of employment with the same employer
(provide an explanation in Part 9. Additional Information.)
D. New concurrent employment.

E. Change of employer or change of investment for an applicant already in the requested classification.
F. Amended application (provide an explanation in Part 9. Additional Information.)
3.

Provide the most recent petition/application receipt number for the applicant. If none exists, indicate "None."

4.

Requested Action (Select only one box)
A. Notify the office in Part 4. so that the applicant can apply for and obtain a visa or be admitted, if eligible.
B. Change the status and extend the stay of the applicant because the applicant is now in the United States in another
status (see the Instructions for limitations). This is available only when you select Item A. New Employment/
investment/trade in Item Number 2. above.
C. Extend the stay of the applicant because the applicant now holds this status.
D. Amend the terms of stay of the applicant because the applicant now holds this status.
E. Request for advice as to whether a change in the terms or conditions that relates to E eligibility is substantive.

Form I-129E&TN 01/31/19

Page 2 of 19

Part 3. Applicant or Employee Information
Provide the information requested about the applicant or employee for whom you are filing.
1.

Applicant's or Employee's Full Name (If you are applying for yourself and you provided this information in Part 1. Item
Number 1., leave these fields blank.)
Family Name (Last Name)

2.

Middle Name

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Provide all other names the applicant or employee has ever used, ever used, including aliases, maiden name, and nicknames.
If you need extra space to complete this section, use the space provided in Part 9. Additional Information.
Family Name (Last Name)

Other Inforamtion
3.

Given Name (First Name)

Given Name (First Name)

4.

Date of Birth (mm/dd/yyyy)

Gender
Male

Middle Name

Female

(If you provided this information in Part 1. Item Number 2.,
leave this field blank.)
5.

6.

U.S. Social Security Number (if any)
►

Alien Registration Number (A-Number)

► A-

(If you provided this information in Part 1. Item Number 10.,
leave this field blank.)
7.

Place of Birth

City or Town/Providence/Country

8.

Country of Citizenship or Nationality

9.

If the applicant or employee is in the United States, complete the following:
Date of Last Arrival (mm/dd/yyyy) Form I-94 Arrival-Departure Record Number (if any)
►
Passport or Travel Document Number

Date Passport or Travel Document Issued (mm/dd/yyyy)

Date Passport or Travel Document Expires (mm/dd/yyyy)

Passport or Travel Document Country of Issuance

Current Nonimmigrant
Status

Date Status Expires (mm/dd/yyyy) or Duration of Status (D/S)
(see Form I-94 Arrival/Departure Document)

Student and Exchange Visitor Information System (SEVIS)
Number (if any)

Employment Authorization Document (EAD) Number
(if any)

Form I-129E&TN 01/31/19

Page 3 of 19

Part 3. Applicant or Employee Information (continued)
10.

Does the applicant or employee have a U.S. residential address?

Yes

No

If you answered “Yes” to Item Number 10., you must provide the applicant or employee's U.S. residential address information
in Item Number 11.
11.

Applicant or Employee's Current U.S. Residential Address (Do not list a P.O. Box unless you are requesting E-2
Commonwealth of the Northern Mariana Islands (CNMI) classification.)
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

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ZIP Code

Part 4. Processing Information

To be completed if the applicant or employee will be seeking a new visa or admission upon approval of this application.
1.

If the applicant or employee named in Part 3. is requesting new employment, a continuation of previously approved
employment/investment/trade without change with the same employer, a change in previously approved employment with the
same employer, a change of employer for an applicant already in the requested classification, or is submitting an amended
I-129E&TN application, indicate the U.S. Consulate or U.S. Customs and Border Protection (CBP) inspection facility you want
notified if this application is approved.
A. Type of Office (Select only one box)
U.S. Consulate

CBP Pre-flight Inspection Facility

B. City Where Office is Located

2.

C. U.S. State or Foreign Country

Applicant or Employee's Foreign Address
Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province

3.

Postal Code

Country

Form I-129E&TN 01/31/19

No

Yes

No

Yes

No

►

Are you filing any applications for dependents with this application?
If you answered "Yes" to Item Number 5., how many?

Yes
►

Are you filing any applications for replacement/initial Form I-94, Arrival-Departure Records, with this
application? (If the applicant was issued an electronic Form I-94 by CBP when he/she was admitted to the
United States at an airport or seaport, he/she may be able to obtain the Form I-94 from the CBP website at
www.cbp.gov/i94 instead of filing an application for a replacement/initial Form I-94.)
If you answered "Yes" to Item Number 4., how many?

5.

ZIP Code

Are you filing any other applications with this one?
If you answered "Yes" to Item Number 3., how many?

4.

U.S. Port of Entry

►

Page 4 of 19

Part 4. Processing Information (continued)
6.

Is the applicant or employee in removal proceedings?

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

If you are applying on behalf of someone else, answer Item Numbers 7. - 12.
7.

Have you ever filed an immigrant petition on behalf of this applicant or employee?
If you answered “Yes” to Item Number 7., identify the receipt number of each petition, if applicable,
in Part 9. Additional Information.

8.

Have you ever filed a nonimmigrant petition or application on behalf of this applicant or employee?

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If you answered “Yes” to Item Number 8., identify the receipt number for each petition and/or
application in Part 9. Additional Information.
9.

Has the applicant or employee in this application ever been granted the classification you are now
requesting?

If you answered “Yes” to Item Number 9., provide an explanation in Part 9. Additional Information.
10.

Has the applicant or employee in this application ever been denied the classification you are now
requesting?

If you answered “Yes” to Item Number 10., provide an explanation in Part 9. Additional Information.
11.

Has the applicant or employee ever been a J-1 exchange visitor or J-2 dependent of a J-1 exchange
visitor?
If you answered “Yes” to Item Number 11., provide a response to Item Number 12.

12.

If you answered "Yes" to Item Number 11., provide the dates the applicant or employee maintained status as a J-1 exchange
visitor or J-2 dependent. Also, provide evidence of this status by attaching a copy of either a DS-2019, Certificate of Eligibility
for Exchange Visitor (J-1) Status, a Form IAP-66, or a copy of the passport that includes the J visa stamp. Additionally, if
applicable, provide evidence that the applicant or employee fulfilled the two-year foreign residence requirement or had such
residence requirement waived.

If you are applying for yourself, answer Item Numbers 13. - 18.
13.

Has anyone ever filed an immigrant petition on your behalf?

Yes

No

Yes

No

Yes

No

If you answered “Yes” to Item Number 13., identify the receipt number of each petition,
if applicable, in Part 9. Additional Information.
14.

Has anyone ever filed a nonimmigrant petition or application on your behalf?
If you answered “Yes” to Item Number 14., identify the receipt number of each petition and/or
application in Part 9. Additional Information.

15.

Have you ever been granted the classification you are now requesting?
If you answered “Yes” to Item Number 15., provide an explanation in Part 9. Additional Information.

16.

Have you ever been denied the classification you are now requesting?

Yes

No

17.

Have you ever been a J-1 exchange visitor or J-2 dependent of a J-1 exchange visitor?

Yes

No

18.

If you answered "Yes" to Item Number 17., provide the dates you maintained status as a J-1 exchange visitor or J-2 dependent.
Also, provide evidence of this status by attaching a copy of either a DS-2019, Certificate of Eligibility for Exchange Visitor
(J-1) Status, a Form IAP-66, or a copy of the passport that includes the J visa stamp. Additionally, if applicable, provide
evidence that the principal J-1 applicant or employee fulfilled the two-year foreign residence requirement or had such residence
requirement waived.

Form I-129E&TN 01/31/19

Page 5 of 19

Part 5. Basic Information About the Proposed Employment and Employer
Attach the Form I-129E&TN Supplement relevant to the classification you are requesting.
1.

Job Title

2.

Addresses where the applicant or employee will work if different from the address in Part 1. If you need to provide more than
two additional addresses, use Part 9. Additional Information.
Address 1

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Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Address 2

ZIP Code

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

ZIP Code

3.

Will the applicant work for you off-site at another company or organization's location?

Yes

No

4.

Will the applicant work exclusively in the CNMI?

Yes

No

5.

Is this a full-time position?

Yes

No

6.

If the answered "No" to Item Number 5., how many hours per week for the position?

►

7.

Wages (in U.S. dollars): $

►

8.

Other Compensation (Explain)

9.

Dates of intended employment
From (mm/dd/yyyy)

per (Specify hour, week, month, or year)

To (mm/dd/yyyy)

10.

Type of Business

12.

Current Number of Employees in the United States ►

13.

Gross Annual Income
$

Form I-129E&TN 01/31/19

11.

14.

Year Established

Net Annual Income
$

Page 6 of 19

Part 6. Statement, Contact Information, Certification, and Signature of the Employer, Applicant, or
Authorized Signatory
NOTE: Read the Penalties section of the Form I-129E&TN Instructions before completing this section.

Employer's, Applicant's, or Authorized Signatory's Statement
NOTE: Select the box for either Item A. or B. in Item Number 1. If applicable, select the box for Item Number 2.
1.

2.

Employer, Applicant, or Authorized Signatory's Statement Regarding the Interpreter

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A.

I can read and understand English, and I have read and understand every question and instruction on this application
and my answer to every question.

B.

The interpreter named in Part 7. read to me every question and instruction on this application and my answer to every
question in
, a language in which I am fluent, and I understood all of this
information as interpreted.

Employer, Applicant, or Authorized Signatory's Statement Regarding the Preparer

At my request, the preparer named in Part 8.,
prepared this application for me based only upon information I provided or authorized.

,

Employer's Applicant's, or Authorized Signatory's Certification

Copies of any documents submitted are exact photocopies of unaltered, original documents, and I understand that, as the employer, applicant, or
authorized signatory, I may be required to submit original documents to U.S. Citizenship and Immigration Services (USCIS) at a later date..
I authorize the release of any information contained in this application, in supporting documents, in my USCIS records, and in the
organization's USCIS records, to USCIS or other entities and persons where necessary to determine eligibility for the immigration
benefit sought or where authorized by law. I recognize the authority of USCIS to conduct audits of this application using publicly
available open source information. I also recognize that any supporting evidence submitted in support of this application may be
verified by USCIS through any means determined appropriate by USCIS, including but not limited to, on-site compliance reviews.
If filing this application on behalf of an organization, I certify that I am authorized to do so by the organization
I certify, under penalty of perjury, that I provided or authorized all of the information in my application, I understand all of the
information contained in, and submitted with, my application, and that all of this information is complete, true, and correct.

Employer's, Applicant's, or Authorized Signatory's Signature
3.

Employer, Applicant, or Authorized Signatory's Signature

Date of Signature (mm/dd/yyyy)

If Part6. is being completed by an Authorized Signatory, provide the following information:
Name and Title of Authorized Signatory
4.

Family Name (Last Name)

5.

Title

Given Name (First Name)

Authorized Signatory's Contact Information
6.

Daytime Telephone Number

8.

Email Address (if any)

7.

Mobile Telephone Number (if any)

NOTE TO ALL EMPLOYERS, APPLICANTS, AND AUTHORIZED SIGNATORIES: If you do not completely fill out this
application or fail to submit required documents listed in the Instructions, USCIS may deny your application
Form I-129E&TN 01/31/19

Page 7 of 19

Part 7. Interpreter's Contact Information, Certification, and Signature
Provide the following information about the interpreter.

Interpreter's Full Name
1.

Interpreter's Family Name (Last Name)

2.

Interpreter's Business or Organization Name (if any)

Interpreter's Given Name (First Name)

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Interpreter's Mailing Address
3.

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province

Postal Code

ZIP Code

Country

Interpreter's Contact Information
4.

Interpreter's Daytime Telephone Number

6.

Interpreter's Email Address (if any)

5.

Interpreter's Mobile Telephone Number (if any)

Interpreter's Certification

I certify, under penalty of perjury, that:
I am fluent in English and

, which is the same language specified in Part 6.,

Item B. in Item Number 1., and I have read to this employer, applicant, or the authorized signatory in the identified language every
question and instruction on this application and his or her answer to every question. The employer, applicant, or authorized signatory
informed me that he or she understands every instruction, question, and answer on the application, including the Employer's,
Applicant's, or Authorized Signatory's Certification, and has verified the accuracy of every answer.

Interpreter's Signature
7.

Interpreter's Signature

Form I-129E&TN 01/31/19

Date of Signature (mm/dd/yyyy)

Page 8 of 19

Part 8. Contact Information, Declaration, and Signature of the Person Preparing this Application, if
Other Than the Employer, Applicant, or Authorized Signatory
Provide the following information about the preparer.

Preparer's Full Name
1.

Preparer's Family Name (Last Name)

Preparer's Given Name (First Name)

2.

Preparer's Business or Organization Name (if any)

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Preparer's Mailing Address
3.

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province

Postal Code

ZIP Code

Country

Preparer's Contact Information
4.

Preparer's Daytime Telephone Number

6.

Preparer's Email Address (if any)

5.

Preparer's Mobile Telephone Number (if any)

Preparer's Statement
7.

A.

I am not an attorney or accredited representative but have prepared this application on behalf of the applicant and with
the employer's, applicant's, or authorized signatory's consent.

B.

I am an attorney or accredited representative and my representation of the employer, applicant, or authorized signatory
in this case

extends

does not extend beyond the preparation of this application.

NOTE: If you are an attorney or accredited representative, you may need to submit a completed Form G-28, Notice of Entry of
Appearance as Attorney or Accredited Representative, with this application.

Preparer's Certification
By my signature, I certify, under penalty of perjury, that I prepared this application at the request of the employer, applicant, or
authorized signatory. The employer, applicant, or authorized signatory has reviewed this completed application, including the
Employer's, Applicant's, or Authorized Signatory's Certification, and informed me that all of the information in the application
and in the supporting documents is complete, true, and correct.

Preparer's Signature
8.

Preparer's Signature

Date of Signature (mm/dd/yyyy)

Form I-129E&TN 01/31/19

Page 9 of 19

Part 9. Additional Information About Your I-129E&TN Application for Nonimmigrant Workers
If you need extra space to provide any additional information within this application, use the space below. If you require more space
than what is provided, you may make copies of this page to complete and file with this application or attach a separate sheet of paper.
Type or print the employer, sole proprietor, or applicant name at the top of each sheet; indicate the Page Number, Part Number, and
Item Number to which your answer refers; and sign and date each sheet.
1.

Individual Employer, Sole Proprietor, or Applicant Name (same as in Part 1.)
Family Name (Last Name)

2.

A.

D.

3.

A.

D.

4.

A.

D.

5.

A.

Given Name (First Name)

Middle Name

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Page Number

B.

Part Number C.

Item Number

Page Number

B.

Part Number C.

Item Number

Page Number

B.

Part Number C.

Item Number

Page Number

B.

Part Number C.

Item Number

Page Number

B.

Part Number C.

Item Number

D.

6.

A.

D.

Form I-129E&TN 01/31/19

Page 10 of 19

E-1 or E-2 Classification Supplement to
Form I-129E&TN

USCIS
Form
I-129E&TN

Department of Homeland Security
U.S. Citizenship and Immigration Services

OMB No. 1615-0009
Expires 01/31/2022

Part 1. Information About the U.S. Employer
1.

Legal Name of Individual Employer, Sole Proprietor, or Applicant
Family Name (Last Name)

Given Name (First Name)

Middle Name

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2.

Name of Company or Organization

3.

Classification or Action Sought (Select only one box)
E-1 Treaty Trader

E-1 Employee - Executive or Supervisory
E-1 Employee - Special Qualifications
E-2 Treaty Investor

E-2 CNMI Investor (extensions only)

E-2 Employee - Executive or Supervisory
E-2 Employee - Special Qualifications

Advice on Whether a Change in the Terms or Conditions of E Status is Substantive
4.

Name of country signatory to the applicable treaty with the United States upon which you are basing your E application
(if applicable).

5.

How is the U.S. commercial enterprise related to the company or organization abroad, if applicable? (Select only one box)
Parent

6.

Branch

Subsidiary

Affiliate

Joint Venture

Other

Provide the following information for each individual who has a percentage of ownership in the U.S. commercial enterprise.
Name (First/MI/Last)

Nationality

Immigration Status

Percent of
Ownership

NOTE: Ownership of the commercial enterprise must be traced as best as is practicable to the individuals who are ultimately its
owners. If the commercial enterprise is owned solely or partly by other organizations, you must establish the nationality of the
individual owners of the other organizations (attach documentation).

Form I-129E&TN 01/31/19

Page 11 of 19

Part 1. Information About the U.S. Employer (continued)
7.

Commercial Enterprise's Assets
$

8.

Commercial Enterprise's Net Worth
$

9.

Commercial Enterprise's Liabilities
$

10.

Commercial Enterprise's Net Annual Income
$

Information About Staff in the United States

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11.

How many executive and supervisory employees does the U.S. commercial enterprise have who are
nationals of the treaty country in E nonimmigrant status?

12.

How many persons with special qualifications that are essential to the successful or efficient operation of the
U.S. commercial enterprise does the U.S. commercial enterprise employ who are in E nonimmigrant status?

13.

Provide the total number of employees (U.S. and foreign) in executive and supervisory positions in the
United States.

14.

Provide the total number of positions in the United States that require persons with special qualifications
that are essential to the successful or efficient operation of the U.S. commercial enterprise.

15.

If the U.S. commercial enterprise is attempting to qualify the applicant as an executive or supervisor, provide the total number
of employees he or she will supervise, if applicable. Alternatively, if the commercial enterprise is attempting to qualify the
employee based on special qualifications, explain why the special qualifications are essential to the successful or efficient
operation of the treaty enterprise, and what efforts, if any, you are taking to replace such persons with other U.S. workers.

16.

Has the U.S. company or organization met all legal requirements, including licensing, if applicable,
for doing business in the jurisdiction where it is located?

Yes

No

17.

Is the U.S. company or organization a real, active, and operating commercial undertaking which
produces services or goods for profit?

Yes

No

If you answered “Yes” to Item Number 17., provide an explanation. If you need extra space to provide your explanation,
use the space provided in Part 9. Additional Information.

Information About the Employer Outside the United States (if any)
18.

Employer's Name

20.

Employer's Address

Total Number of Employees

Street Number and Name

Apt. Ste. Flr. Number

City or Town

State

Province

21.

19.

Postal Code

ZIP Code

Country

Principal Product, Merchandise or Service

Form I-129E&TN 01/31/19

Page 12 of 19

Part 2. Information About E-1 Treaty Trader or Employee of an E-1 Treaty Trader
Provide the information requested in Item Numbers 1. - 3. if you are filing for or as an E-1 Treaty Trader. If you are filing for an
employee of an E-1 Treaty Trader, complete Item Numbers 4. - 20.
Complete Item Numbers 1. - 3. if filing for an E-1 Treaty Trader.
1.

Total Annual Gross International Trade/Business of the U.S. commercial enterprise

2.

Select only one box for

3.

Percent of total gross trade between the United States and the treaty trader country for each of the following categories
(provide the dollar value and number of transactions, if applicable, for each):
A.

Number of Transactions

Number of Transactions

Domestic U.S. production manufacturing
$

F.

Number of Transactions

Exports from U.S. business to third countries
$

E.

Number of Transactions

Imports from third countries to U.S. business
$

D.

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Exports from U.S. business to treaty country
$

C.

Fiscal Year Ending (yyyy)

Imports from treaty country to U.S. business
$

B.

Calender or

Number of Transactions

Total amount (Sum of Items A. - E.)
$

Number of Transactions

Complete Item Numbers 4. - 20. if filing for an employee of an E-1 Treaty Trader.
4.

Employee's Position Title

5.

Description of Duties (include names and title of all immediate subordinates, if applicable)

6.

Number of Years Employee has been employed by Present Employer

7.

Employee's Highest Level of Education
Major/Subject

Degree

8.

Employee's Other Relevant Experience and Education

9.

Provide the following information about the U.S. company or organization.
Number of Executive Employees

Form I-129E&TN 01/31/19

Number of Supervisory Employees

Year

Number of Employees having Special Qualifications

Page 13 of 19

Part 2. Information About E-1 Treaty Trader or Employee of an E-1 Treaty Trader (continued)
10.

Is the principal employer an individual person?

Yes

No

If you answered “Yes” to Item Number 10., complete Item Numbers 11. and 12. If you answered
“No” to Item Number 10., skip to Item Number 15.
11.

Does the principal employer have the nationality of the treaty country?

Yes

No

12.

Is the principal employer in the United States?

Yes

No

If you answered “Yes” to Item Number 12., then complete Item Number 13. If you answered “No”
to Item Number 12., then skip to Item Number 14.

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13.

Is the principal employer maintaining nonimmigrant treaty trader status?

Yes

No

14.

Would the principal employer be classifiable as a treaty trader?

Yes

No

15.

Is the principal employer an enterprise or organization?

Yes

No

16.

Indicate the percentage of ownership by persons having the nationality of the treaty country who are
in the United States and are maintaining treaty investor status.

17.

Indicate the percentage of ownership by persons having the nationality of the treaty country who are
not in the United States and who would be classifiable as treaty investors.

18.

Is this a replacement or an increase in staff? (Select only one box)
Replacement

Increase in Staff

19.

If you indicated that this is a replacement in Item Number 18., provide details regarding the position for which the replacement
is being sought, including, in the case of a worker with special qualifications, any efforts the commercial enterprise has made to
train locally available U.S. workers.

20.

If you indicated that this is a replacement in Item Number 18., indicate the length of time that this
position has existed.

Part 3. Information About E-2 Treaty Investor or Employee of an E-2 Treaty Investor
Provide the information requested in Item Numbers 1. - 7. if you are filing for or as an E-2 Treaty Trader. If you are filing for an
employee of an E-2 Treaty Trader, complete Item Numbers 8. - 22.
Complete Item Numbers 1. - 7. if filing for an E-2 Treaty Investor.
1.

Type of Investment (Select only one box)
Creation of a New Business
Provide Total Start-Up Costs $
Purchase of an Existing Business
Provide Total Purchase Price $
Continuation of an Existing Business
Provide Fair Market Value of Business $

2.

Total Investment Made in the United States (attach documentation):
Cash

$

Inventory $

Form I-129E&TN 01/31/19

Equipment $

Other $

Premises

Total $

$

Page 14 of 19

Part 3. Information About E-2 Treaty Investor or Employee of an E-2 Treaty Investor (continued)
3.

Source of Investment Capital (for example, personal funds, loans, stocks, bonds, etc.)

4.

Do you develop and direct the investment enterprise?

5.

If you answered “Yes” to Item Number 4., indicate which of the following apply to you (select all that apply):

Yes

No

Yes

No

I control the enterprise through ownership of at least 50% of the enterprise.

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I possess operational control through a managerial position or other corporate device.
I control the enterprise by other means.
6.

Provide an explanation and supporting documentation for the items you selected in Item Number 5.

7.

Provide the number of U.S. company or organization employees in E status.

Complete Item Numbers 8. - 22. if filing for an employee of an E-2 Treaty Investor.
8.

Does the Treaty Investor develop and direct the investment enterprise?

9.

If you answered “Yes” to Item Number 8., indicate which of the following apply to the Treaty Investor (select all that apply):
The Treaty Investor controls the enterprise through ownership of at least 50% of the enterprise.

The Treaty Investor possesses operational control through a managerial position or other corporate device.
The Treaty Investor controls the enterprise by other means.
10.

Provide an explanation and supporting documentation for the items you selected in Item Number 9. If you need extra space to
complete this section, use the space provided in Part 9. Additional Information.

11.

Provide the following information about the U.S. company or organization:
Number of Executive Employees

12.

Number of Supervisory Employees

Number of Employees having Special Qualifications

Is the principal employer an individual person?

Yes

No

If you answered “Yes” to Item Number 12., then complete Item Numbers 13. and 14. If you answered “No” to Item Number
12., then skip to Item Number 17.
13.

Does the principal employer have the nationality of the treaty country?

Yes

No

14.

Is the principal employer in the United States?

Yes

No

If you answered “Yes” to Item Number 14., then complete Item Number 15. If you answered “No” to Item Number 14., then
skip to Item Number 16.
15.

Is the principal employer maintaining nonimmigrant treaty investor status?

Yes

No

16.

Would the principal employer be classifiable as a treaty investor?

Yes

No

17.

Is the principal employer an enterprise or organization?

Yes

No

18.

Indicate the percentage of ownership by persons having the nationality of the treaty country who are
in the United States and are maintaining treaty investor status.

Form I-129E&TN 01/31/19

Page 15 of 19

Part 3. Information About E-2 Treaty Investor or Employee of an E-2 Treaty Investor (continued)
19.

Indicate the percentage of ownership by persons having the nationality of the treaty country who are
not in the United States and who would be classifiable as treaty investors.

20.

Is this a replacement or an increase in staff? (Select only one box)
Replacement

Increase in Staff

21.

If you indicated that this is a replacement in Item Number 20., provide details regarding the position for which the replacement
is being sought, including, in the case of a worker with special qualifications, any efforts the commercial enterprise has made to
train locally available U.S. workers.

22.

If you indicated that this is a replacement in Item Number 20., indicate the length of time that this
position has existed.

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Part 4. E-2 CNMI (E-2C) Investor

Provide the information requested in Item Numbers 1. - 5. if you are filing as an E-2 CNMI Investor.
1.

If you are applying for an extension as an E-2 CNMI Investor, indicate which of the following applies to you:
I am a long-term business investor who was issued a long-term business certificate by the CNMI based upon an investment
of at least $50,000.
I am a foreign investor with a foreign investment certificate issued by the CNMI based upon an investment of at least
$100,000 in an aggregate approved investment in excess of $2 million or at least $250,000 in a single approved investment.
I am a retiree investor over 55 years of age who was issued a foreign retiree investment certificate based upon a qualifying
investment in an approved residence in the CNMI.

2.

Provide an explanation for the item you selected in Item Number 1.

3.

Have there been any substantive changes to your investments, residence, or employment?

Yes

No

Yes

No

If you answered “Yes” to Item Number 3., provide details including dates the change occurred.

4.

For retiree investors only:
Have you had any employment?

If you answered “Yes” to Item Number 4., provide an explanation including the name of employer, address, contact
information, position, and dates of employment.

5.

Have you departed the CNMI during your current E-2C status?

6.

If you answered “Yes” to Item Number 5., provide a detailed list of all of your trips outside of the CNMI.

7.

Were you in the CNMI on the date you filed this application?

Form I-129E&TN 01/31/19

Yes

No

Yes

No

Page 16 of 19

E-3 Classification Supplement to
Form I-129E&TN

USCIS
Form
I-129E&TN

Department of Homeland Security
U.S. Citizenship and Immigration Services

OMB No. 1615-0009
Expires 01/31/2022

Only Australian nationals are eligible as principal applicants for E-3.
1.

Legal Name of Individual Employer, Sole Proprietor, or Applicant
Family Name (Last Name)

Given Name (First Name)

Middle Name

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2.

Name of Company or Organization

3.

Labor Condition Application (LCA) or Employment and Training Administration (ETA) or ETA Case Number

Requirements for the Offered Position
4.

What level of education is required for the position?

5.

What fields of study would qualify someone for this position?

6.

How many years of experience, if any, are required in order to qualify for this position?

7.

What special skills, if any, are required in order to qualify for the position?

8.

Describe the proposed duties for the applicant's proffered position. If you need extra space to complete this section, use the
space provided in Part 9. Additional Information or attach an additional sheet of paper.

9.

Describe the applicant's present occupation and summary of prior work experience. If you need extra space to complete this
section, use the space provided in Part 9. Additional Information or attach an additional sheet of paper.

10.

Applicant's Highest Level of Education (Select only one box)
No diploma

Bachelor's degree (for example, BA, AB, BS)

High School Graduate Diploma or the equivalent
(for example, GED)

Master's degree (for example, MA, MS, MEng, MEd, MSW,
MBA)

Some college credit, but less than one year

Professional degree (for example, MD, DDS, DVM, LLB, JD)

One or more years of college, no degree

Doctorate degree (for example, PhD, EdD)

Associate's degree (for example, AA, AS)
11.

Major/Primary Field of Study

Form I-129E&TN 01/31/19

Page 17 of 19

12.

SOC Code

13.

NAICS Code

14.

The applicant will be assigned to work at an off-site location for all or part of the period for which
E-3 classification sought.

Yes

No

Yes

No

If you answered “No” to Item Number 14., you may leave Item Number 15. blank.
15.

The applicant will be paid the higher of the prevailing or actual wage at any and all off-site locations.

Statement for E-3 Specialty Occupations

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By filing this application, I agree to, and will abide by, the terms of the LCA (or ETA) for the duration of the applicant's authorized
period of stay for E-3 employment. If the applicant is assigned to a position in a new location, I will obtain and post an LCA for that
site prior to reassignment.
I further understand that any required reimbursement will be considered an offset against wages and benefits paid relative to the LCA.
Signature of Employer

Form I-129E&TN 01/31/19

Name of Employer

Date (mm/dd/yyyy)

Page 18 of 19

North American Free Trade Agreement (NAFTA)
Supplement to Form I-129E&TN
Department of Homeland Security
U.S. Citizenship and Immigration Services
1.

OMB No. 1615-0009
Expires 01/31/2022

Legal Name of Individual Employer, Sole Proprietor, or Applicant
Family Name (Last Name)

Given Name (First Name)

Middle Name

DRAFT
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Production
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2.

Name of Company or Organization

3.

This is a request for status based on (select only one box):
NAFTA, Canada (TN1)

4.

USCIS
Form
I-129E&TN

NAFTA, Mexico (TN2)

Employer is a (select only one box):
U.S. Employer

Foreign Employer

5.

If Foreign Employer, Name the Foreign Country

6.

Does the applicant intend to establish a business or practice in the U.S. in which he or she will be in
substance self-employed?

Yes

No

7.

Is the applicant the sole or controlling shareholder or owner of the U.S. corporation or entity where
he/she will be employed?

Yes

No

8.

Will the applicant perform business activities for a U.S. corporation or entity (including an individual)
that were not arranged from outside the United States?

Yes

No

9.

If you answered “Yes” to Item Numbers 6., 7., or 8., provide an explanation, including but not limited to the percentage of
ownership.

10.

Will the applicant depart upon completion of the assignment?

Form I-129E&TN 01/31/19

Yes

No

Page 19 of 19