Overview of the E-2 Visa
The E-2 visa is a nonimmigrant visa that allows nationals of treaty countries to enter the United States to invest in and manage a business. To qualify, applicants must demonstrate a substantial investment in a bona fide enterprise and show that they are in a position to develop and direct the business. In theory, the visa can be renewed indefinitely as long as the business remains operational and compliant with E-2 requirements.
Recent Changes in E-2 Visa Interviews at the U.S. Embassy London
Historically, the U.S. Embassy in London has been a reliable post for E-2 visa processing, with interviews typically being brief. However, recent reports indicate that interviews have become more extensive, lasting up to 30 minutes, with a focus on detailed questioning. This shift has led to unexpected refusals under INA 214(b), causing concern among applicants and their Attorneys.
- Interview Location: E-2 visa interviews are conducted on a separate floor from other nonimmigrant visas, alongside Visa Control Unit applicants (applicants with potential inadmissibility issues), which may compromise privacy.
- No dedicated E-2 unit – London does not have a dedicated E-2 unit and instead relies on a pool of 14 rotating consular officers, where two officers are assigned to review E-2 cases each day.
- Interview Duration and Content: Interviews now involve more in-depth questions about business operations, financials, and future plans. Applicants should be prepared to answer the following:
– What was your revenue in the U.K. and U.S. last year?
– What is your current revenue in the U.K. and U.S. this year?
– Can you provide details on your business plan?
– Could you explain your start-up expenses?
– What is the total cost of your start-up expenses?
– Why are you expanding or operating in the U.S.?
– When did your company begin operations in the U.K. and the U.S.?
– Are you aware of the profitability status of your U.S. company?
– Do you plan to seek a green card eventually?
– Are you aware that the E-2 visa does not provide a direct path to a green card?
Conclusion
Applicants should be thoroughly prepared to discuss their business operations and business plans in detail. In light of the “Buy American, Hire American” policy, which prioritizes the employment of U.S. workers, Applicants may need to explain why their job cannot be performed by a U.S. worker. Although the E-2 visa has no job creation requirement, having a plan to hire U.S. workers (even 1-2 people) could help get your case over the finish line.
Additionally, the absence of a dedicated e-visa officer and reliance on a rotating pool of consular officers may result in inconsistent adjudications, further emphasizing the importance of thorough preparation.
If you have questions regarding the E-2 visa process, please get in touch with PLG Partner Chris Prescott at cprescott@patellegal.com. You can also view our E-2 visa landing page by clicking here.