1. Application can be made in the U.S. or at a U.S. consulate outside the U.S.
2. The following items are necessary for filing from within the U.S.:
   (a) Requisite Government forms for alien and any family members;
   (b) Supporting documentation1,2,3;
   (c) Copy of passport, including visa pages and I-94 for alien and each family member; and
   (d) Filing fee.

1Note: For E-1, the supporting documentation includes (1) the company support letter and (2) other, specific documentation demonstrating (a) the majority ownership of the company seeking treaty status; (b) the kind of trade conducted by the company; (c) the volume of trade, including the percentage, between the U.S. and the treaty country; (d) the prospective duties of the E visa applicant (or E status beneficiary); and (e) the qualifications of the alien for those duties.

2Note: For E-2, the supporting documentation includes (1) the company support letter and (2) other, specific documentation demonstrating (a) the majority ownership of the company seeking treaty status; (b) the kind of business in which the company is or will be engaged; (c) the kind of financial transactions that make up the investment; (d) the prospects for the investment, including any business alrady consumated, and the number of U.S. workers to be employed; and (e) the duties to be filled by the alien.

3Note: The business enterprise must also provide documentation establishing the fact that it meets the E-1/E-2 requirements set out in the E-1/E-2 Requirements section (see E-1/E-2 Requirements). Examples of such documentation would include (1) The company's annual report; (2) the company's Articles of Incorporation, Articles of Organization, etc.; (3) an independent report from a reputable accounting firm regarding the dollar volume of trade over the last five years; (4) an accountant's statement for the parent company; (5) an accountant's statement for the U.S. based company; (6) a certified statement from the compay's accountant or corporate secretary on stock ownership; (7) contracts showing an ongoing need and existing market for merchandise sold or services provided; (8) IRS Form 941 showing the number of employees on the payroll (for an existing U.S. enterprise); (9) bills of lading, customs receipts, letters of credit, insurance papers documenting commodities imported, purchase orders, carrier inventories, etc., in lieu of an annual report, should the company be too small to produce an annual report.

For more information on the E-1, E-2 categrary, please click one of the following links:
What are E-1 and E-2?
What are the detailed requirements?
What are the application procedures?
What kind of information is needed for E-1 and E-2 applications?