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The E-2 visa has long been a popular option for entrepreneurs, investors, and employees seeking to live and work in the United States by investing in or working for a qualifying U.S. business. Historically, the U.S. Embassy in London has been a predictable and efficient post for processing E-2 visas, with interviews typically lasting only a few minutes and focusing on a cursory review of the application. However, recent developments have introduced significant changes to the process, requiring applicants to approach their interviews with greater preparation and awareness.

Key Changes in E-2 Visa Processing at the U.S. Embassy London

Over the past year, applicants and immigration practitioners have reported notable shifts in the E-2 visa interview process at the U.S. Embassy in London. These changes include longer interviews, more in-depth questioning, and an increase in unexpected refusals under INA 214(b). To address these concerns, representatives from the American Immigration Lawyers Association (AILA) engaged in discussions with consular leadership at the embassy. While consular officials confirmed that no changes have been made to the laws, regulations, or policy guidance governing E-2 visas, they did provide insights into procedural adjustments that may impact applicants.

1. Interview Environment

E-2 visa interviews are now conducted on a separate floor from other nonimmigrant visa classifications. Applicants are grouped with individuals undergoing Visa Control Unit interviews, which typically involve cases with potential criminal or inadmissibility issues. This setup offers limited privacy, which may add to the stress of the interview process.

2. Rotating Pool of Consular Officers

Unlike in the past, there is no dedicated E visa officer at the U.S. Embassy in London. Instead, interviews are conducted by a rotating pool of 14 consular officers, with two officers assigned to review E visa applications each day. This lack of specialization may lead to inconsistent adjudications, as officers may vary in their familiarity with E-2 visa requirements and nuances.

3. Longer and More Detailed Interviews

Interviews for E-2 corporate registrations and individual applicants are now lasting up to 30 minutes, compared to the brief interviews of the past. Applicants should be prepared to answer detailed questions about their business operations, financials, and role within the company. Examples of questions for corporate registrations include:

  • What is your U.K./U.S. revenue this year and last year?
  • Can you explain your business plan?
  • What were your start-up expenses, and what is their price/value?

For individual applicants, questions may focus on:

  • Why is your company expanding or operating in the United States?
  • Why are you being sent to the United States, and why can’t your U.S. colleagues cover your role?
  • Is your U.S. company profitable?
  • Will you be seeking a green card eventually?
  • Are you aware that an E-2 visa does not provide a pathway to a green card?

4. Increased Scrutiny

Applicants with limited business experience or those unable to provide detailed answers may face heightened scrutiny. Additionally, the embassy appears to be applying the “Buy American Hire American” (BAHA) lens, which asks applicants to justify why an American worker cannot perform their proposed U.S. job duties. This aligns with the broader “America First Policy Directive” that prioritizes U.S. workers and businesses.

Implications for Applicants

The procedural changes at the U.S. Embassy in London have implications for E-2 visa applicants:

  • Thorough Preparation is Essential: Applicants must be ready to discuss their business operations, financials, and role in detail. This includes having a clear understanding of their business plan, start-up expenses, and the rationale for their presence in the United States.
  • Risk of Refusal: Unexpected refusals under INA 214(b) have become more common. A refusal may also impact an applicant’s eligibility to visit the United States under the Visa Waiver Program (ESTA), further complicating future travel plans.
  • Inconsistent Adjudications: The rotating pool of consular officers may lead to variability in interview experiences and outcomes. Applicants should be prepared for a range of questions and approaches.

Key Considerations

Given the evolving landscape of E-2 visa processing in London, applicants should consider taking the following steps to maximize their chances of approval:

  1. Work with Experienced Counsel: Consulting with an experienced immigration attorney can help ensure applications are complete, accurate, and tailored to address potential concerns.
  2. Prepare for In-Depth Questions: Practice answering detailed questions about business operations, financials, and role within the company. Applicants should be ready to articulate why their presence in the United States is essential.
  3. Document Everything: Provide clear and organized documentation to support an application, including financial statements, business plans, and evidence of the applicant’s qualifications.
  4. Understand the Limitations of the E-2 Visa: Be aware that the E-2 visa does not provide a direct pathway to permanent residency (a green card). Applicants should be prepared to address this if asked during their interview.

Conclusion

The U.S. Embassy in London has introduced changes to its E-2 visa interview process, making it more rigorous and unpredictable than in the past. Applicants should consider approaching their interviews with thorough preparation, a clear understanding of their business and role, and a willingness to address detailed questions. By staying informed and working with experienced professionals, applicants can navigate these challenges and increase their chances of a successful outcome.

Due to recent increases in overall visa applications, the State Department has announced changes to the nonimmigrant E visa application process in Mexico. The U.S. Embassy in Mexico City will not process nonimmigrant E visa applications received on or after July 7, 2015. All E-1 treaty trader visa applications received in Applicant Service Centers on or after July 7, 2015, will be handled by the U.S. Consulates in Monterrey and Tijuana. All E-2 treaty investor visa applications received on or after July 7, 2015, will be handled by the U.S. Consulate in Ciudad Juarez.

Continue Reading State Department Shifting E-1 and E-2 Visa Processing Locations in Mexico to Provide Applicants with Higher Levels of Service

As previously announced on our blog, the E-2 Treaty Investor Visa will soon be available to Israeli nationals wishing to make a substantial investment in or set up a business in the United States. USCIS announced on April 22 that eligible Israeli nationals already in the United States in a lawful nonimmigrant status, as well as their dependents who are also already in the United States, can request a change of status to E-2 classification starting May 1, 2019.

The U.S. Embassy in Israel announced on April 11, 2019, that it will implement the U.S. E-2 Investor Visa for Israeli nationals beginning May 1, 2019.

For more on E-2 visas, click here.

 

On May 1, 2019, the E-2 Treaty Investor Visa may be available to Israeli citizens wishing to make a substantial investment in or set up a business in the United States. After several rounds of negotiations between the two countries and U.S. citizens already able to obtain a B-5 Israeli Investor visa, the United States is expected to approve the proposed May 1 launch date in early April.

The E-2 Visa grants qualified treaty investors and employees, as well as their dependent family members, a maximum initial stay of two years. Extensions may be granted in increments of up to two years, with no maximum limit so long as the E-2 nonimmigrant maintains an intention to depart the United States when their status expires or is terminated.

To qualify, the United States Citizenship and Immigration Services (USCIS) indicates a treaty investor must show at least 50 percent ownership of the enterprise or possession of operational control through a managerial position or other corporate device. The enterprise must have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. In addition, the treaty investor must risk a substantial amount of capital with the objective of generating a profit.

Given the flexibility of the E-2 Visa and Israel’s prominent position in the hi-tech sector, this new development has great potential to advance Israeli business interests and streamline entrepreneurial ventures.

For more on E-2 visas, click here.

Israeli business owners and investors may soon be eligible to apply for E-2 visas in the United States. E-2 visas are non-immigrant visas available to citizens of countries that have entered into a bi-lateral agreement with the United States. E-2 visas will be available to an individual Israeli citizen who is the primary investor, executive, manager or individual with specialized knowledge for a U.S. company that is majority owned by Israeli nationals. The E-2 visa is different from existing visa categories, in part because it is renewable for an indefinite period of time. In September 2014, the Israeli Parliament granted U.S. citizens the ability to obtain investor visas in Israel. As a result of this substantial step by the Israeli government, the U.S. government will likely take steps to offer similar visas to Israeli nationals who wish to invest in a U.S. business.

The U.S. State Department has announced a temporary halt on immigrant visa processing for applicants from 75 countries, effective Jan. 21, 2026. This pause comes as the department reassesses its vetting procedures under existing immigration law, specifically focusing on the public charge rule — a determination of whether an applicant is likely to require long-term financial or healthcare support from the U.S. government.

Who Does This Impact?

The full list of 75 countries comprises Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Why the Pause?

The directive aims to prevent the entry of foreign nationals deemed likely to rely on U.S. welfare or public benefits. This move follows increased scrutiny of public charge rules and broader immigration policy changes under the current administration.

Key Points for Applicants and Employers

  • The government will pause visa decisions starting Jan. 21, 2026.
  • Applicants from affected countries may be able to expect delays and should consider alternative strategies.
  • Employers relying on foreign talent may need to adjust timelines and explore contingency plans.

What Happens Next?

The State Department may release more details soon. For now, applicants and businesses should stay informed and may wish to consult with immigration counsel to navigate this evolving situation.

The line between permissible business visitor activities and unauthorized employment has come under heightened scrutiny. A recent large-scale raid – where foreign nationals were found working on B-1/ESTA entries – demonstrates how costly missteps can be.

When a B-1 Visitor or ESTA Is Appropriate

The B-1 business visitor visa (and ESTA under the Visa Waiver Program) authorizes foreign nationals to enter the United States for limited business purposes. The Department of State defines permissible activities in the 9 FAM 402.2-5. Key examples include:

  • After-Sales Service: Installing, servicing, or training U.S. workers on machinery or equipment purchased from a company outside the United States, when required by contract of sale (see 9 FAM 402.2-5(E)(3)). Ensuring that any outside companies at your worksite are following federal immigration laws.
  • Training: Receiving training in the United States from a parent, affiliate, or related company, provided the training is not available in the home country and does not involve productive employment (9 FAM 402.2-5(F)).
  • Proprietary Knowledge: Employees of a foreign company may enter to share specialized or proprietary knowledge with a U.S. affiliate, so long as the activities are consultative and not hands-on productive work (9 FAM 402.2-5(E)).
  • Business Development: Attending meetings, conferences, trade shows, or negotiating contracts (9 FAM 402.2-5(B)).

What Is Not Permitted

  • Engaging in day-to-day activities for a U.S. business
  • Performing hands-on labor that directly contributes to U.S. operations
  • Receiving compensation from a U.S. source for work performed in the United States

Eligibility Under the B-1/ESTA Depends on:

  • Nature of the activity (business vs. productive work)
  • Source of remuneration (foreign vs. U.S. payroll)
  • Duration and frequency of stays (short-term, defined visits vs. ongoing assignments)

Employers should review activities against the FAM guidance and ensure travel is narrowly tailored.

Visa Alternatives to Consider

When business visitor status is not appropriate, companies should explore work-authorized visas. Many allow short-term, intermittent, or part-time structures:

  • H-1B: Specialty occupation roles, can be part-time or project-based.
  • L-1: Intra-company transferees, including executives, managers, and specialized knowledge staff.
  • O-1: Extraordinary ability visa, structured around engagements or projects.
  • E-2: Treaty investor visas which allow for the transfer of non-owner employees who have specialized skills that are essential to the operation of a US enterprise.

Training Visa Options: H-3 and J-1

For situations where training, not employment, is the goal:

  • H-3 Trainee Visa (9 FAM 402.10): For structured training programs unavailable abroad, provided the training benefits the employee’s career outside the United States.
  • J-1 Trainee or Intern: Allows structured programs sponsored by designated organizations, often more flexible but with programmatic requirements.

Companies may also consider developing their own training programs to lawfully host trainees in the United States with proper visa sponsorship.

Why Compliance Matters

The recent enforcement action underscores that the government is closely scrutinizing use of visitor visas. Companies should:

  • Audit all B-1/ESTA travel against 9 FAM provisions
  • Train business units on permissible vs. impermissible activities

Bottom line: Visitor visas are a powerful tool for global commerce, but they cannot substitute for proper work authorization. Reviewing travel under the 9 FAM 402.2 framework is essential to compliance, business continuity, and protecting your workforce.

The U.S. Department of State (DOS) announced July 25, 2025, a significant change to its interview waiver policy effective Sept. 2, 2025. This policy revision will require most nonimmigrant visa applicants to attend in-person consular interviews, altering the visa processing landscape for HR departments and legal teams. This change arrives following a rollback that began in February 2025, when DOS reduced the interview waiver window from 48 months to 12 months, and reflects a broader policy shift toward more rigorous screening and vetting of visa applicants at U.S. consulates abroad.

Interview Waivers Eliminated for Most Business Visa Categories

Under the new policy, interview waivers will be eliminated for virtually all business/employment visa categories, including:

  • H-1B specialty occupation workers
  • L-1 intracompany transferees
  • E-1/E-2 treaty traders and investors
  • O-1 individuals with extraordinary ability
  • F-1 students
  • J-1 exchange visitors
  • All other nonimmigrant visa categories not specifically exempted

The policy eliminates the age-based exemptions that previously allowed applicants under 14 and over 79 to skip interviews. These populations will now face mandatory in-person interview requirements.

The policy also eliminates interview waivers for renewal applicants, meaning that foreign nationals with previously successful visa applications will need to appear for interviews when seeking renewals.

Remaining Interview Waiver Eligibility

The revised policy preserves interview waivers for a limited set of circumstances:

Diplomatic and Official Categories: Applicants for A-1, A-2, certain C-3, G-1 through G-4, NATO-1 through NATO-6, and TECRO E-1 visas, as well as other diplomatic or official-type visas.

B-1/B-2 Renewals with Strict Conditions: Tourist and business visitor visa renewals remain eligible for interview waivers, but only if the applicant meets all the following criteria:

  • Renewing within 12 months of the prior visa’s expiration
  • Applicant was at least 18 years old when the prior visa was issued
  • Applying in their country of nationality or residence
  • Has never been refused a visa (unless the refusal was overcome or waived)
  • Has no apparent or potential ineligibility

Applicants who meet all waiver criteria remain subject to consular discretion, meaning officers may still require an in-person interview if they feel one is necessary. This discretionary authority means that no waiver is guaranteed.

Additional Procedural Changes

The interview waiver rollback is occurring alongside other significant procedural changes that may further complicate visa processing:

Enhanced Vetting Requirements: As of June 2025, F, M, and J visa applicants must set their social media accounts to “public” to facilitate government vetting processes, adding a layer of complexity to student and exchange visitor applications.

DS-160 Timing Requirements: New rules require that DS-160 forms be submitted at least two business days before scheduled visa interviews, with exact barcode-matching requirements that could lead to appointment cancellations for noncompliance.

No Transition Period: Unlike many policy changes that include grace periods, these restrictions are being implemented with little to no advance warning, so foreign national employees and employers should keep abreast of visa processing changes.

Operational Impact for U.S. Employers: Planning Considerations

These policy changes will create operational considerations for U.S. employers who rely on foreign talent.

Extended Processing Times: Employers may expect longer visa processing times as consulates worldwide prepare for increased interview volumes. Popular business immigration posts, such as those in India, China, Mexico, and Canada, that previously processed many applications without interviews, may face backlogs. Some consulates are already experiencing lengthy wait times, which may worsen.

Immediate Disruption for Pending Applications: Reports indicate that some applicants who were previously approved for interview waivers but haven’t yet received their visas are being turned away and required to reapply for in-person appointments. DOS has not clarified whether visa application fees will be reimbursed in such cases, creating additional uncertainty and potential costs.

Recruitment and Project Timeline Adjustments: Companies may need to incorporate additional time into their hiring and project timelines to account for extended visa processing. Processing times that previously took weeks may now require months, particularly during peak application periods.

Cost and Complexity Considerations: The mandatory interview requirement will increase costs for both employers and employees, as foreign nationals may need to travel to reach the nearest U.S. consulate. For companies with employees in remote locations or countries with limited consular services, this may require additional budget planning.

Strategic Planning: Employers may need to be more strategic about visa application timing, particularly for time-sensitive business needs.

Consular Capacity Considerations: Many U.S. consulates are currently operating with staffing constraints that impact processing capacity. The increase in required interviews will affect resources that are already managing high application volumes, potentially creating extended processing timelines.

Impact on Foreign National Employees

Foreign national employees will face new requirements under this policy:

Scheduling and Travel Requirements: Employees will need to schedule and attend in-person interviews, which may require travel time and expense, particularly for those in countries with few U.S. consulates or limited appointment availability.

Family Considerations: The elimination of age-based waivers means that the elderly and children will need to attend interviews, adding complexity to family-based applications and potentially affecting families with members who have difficulty traveling.

Process Predictability: The interview requirement reintroduces variability in routine renewals, as each application will undergo individual consular officer review. This may affect employees with established work authorization who previously experienced predictable renewal processes.

Geographic Limitations: The requirement that B-1/B-2 waiver-eligible applicants apply in their country of nationality or residence may reduce flexibility for business travelers and limit “consular shopping” opportunities.

Critical Travel Risks: Foreign nationals currently in the United States on valid status but holding expired visas, or whose most recent visa was in a different classification than their current status, may face risks. These individuals will no longer be eligible for interview waivers and must attend in-person interviews abroad before re-entering the United States. Given appointment backlogs and processing uncertainties, these individuals may wish to avoid non-essential international travel until more predictable timelines resume.

Considerations for HR and Legal Teams

Companies should consider:

  • Workforce Analysis: Reviewing their foreign national workforce, identifying employees with upcoming visa renewals, and beginning to incorporate extended processing times into workforce planning.
  • Policy Updates: Updating internal policies and employee communications to reflect the coming changes and encouraging early visa renewal applications before the Sept. 2 effective date.
  • Budget Planning: Factoring additional costs and time delays into project planning and budgets for international assignments and hiring.
  • Legal Coordination: Working with immigration counsel to develop strategies for managing the transition and minimizing operational disruptions.
  • Global Conditions: Monitoring wait times at consulates.

Understanding the Broader Policy Context

This policy represents a departure from visa-processing flexibilities during the COVID-19-era . The DOS is prioritizing security concerns and returning to a traditional model where most visa applicants are required to appear in person before a consular officer, reflecting a broader policy shift toward heightened scrutiny of visa applicants.

For guidance on how these changes may affect your organization or immigration status, consult with experienced immigration counsel.

Reports indicate that some H-1B visa holders who are within their 60-day grace period have received Notices to Appear (NTAs) in immigration court. Previously, when a nonimmigrant worker, such as an H-1B visa holder, ended employment—either voluntarily or nonvoluntarily—a 60-day grace period was available for remaining in the United States and taking steps to change or extend their status. Such actions could include filing for a change of nonimmigrant status, filing an application for adjustment of status, applying for a compelling circumstances employment authorization document, or submitting a nonfrivolous petition to change employers. Prior USCIS guidance, now archived, outlined these options and provided a question-and-answer section.

The 60-day grace period is established under regulations at 8 CFR 214.1(l)(2), which allow a discretionary grace period for workers in certain classifications, including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN (and their dependents). These regulations permit individuals to be considered as maintaining status in the same classification after employment ends, for up to 60 consecutive calendar days or until the end of the authorized nonimmigrant validity period, whichever is shorter. The intent of the grace period is to allow nonimmigrant workers to preserve their period of authorized stay in the United States if they take certain qualifying actions as discussed above. The regulation states:

An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien’s classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period.

Notably, the full text of the regulation states, “DHS may eliminate or shorten this 60-day period as a matter of discretion.” Thus, it appears that USCIS may be exercising discretion to eliminate the 60-day grace period in some cases. Since the regulation was published in 2016, there have not been prior widespread changes to the duration of the grace period. As of the date of this post, there has been no announcement from USCIS or DHS regarding changes to the implementation of the 60-day grace period.

An NTA is a charging document DHS issues to individuals believed to be present in the United States in violation of immigration laws and who may be subject to removal. View a sample NTA. For example, individuals who remain in the U.S. beyond their period of authorized stay may be issued an NTA. The NTA initiates removal proceedings by notifying the individual and, once filed with an immigration court, begins the formal process. Additional information about NTAs can be found on the Immigration and Customs Enforcement website. Greenberg Traurig’s Immigration Practice will continue to monitor and report to our readers.

On May 8, 2024, the U.S. State Department posted the June 2024 visa bulletin. The Dates for Filing Chart for June 2024, as shown below, is more favorable than the Final Action Dates Chart. The Dates for Filing chart for June 2024 only applies to those who are consular processing outside the United States.

Dates for Filing

U.S. Citizenship and Immigration Services (USCIS) announced that it would continue to use the Final Action Dates chart again for June 2024, which saw no movement in most of the EB-1, EB-2, and EB-3 categories. The only category with slight movement is EB-3 India which advanced from Aug. 15, 2022, to Aug. 22, 2022. Accordingly, an employment-based foreign national must have a priority date that is earlier than the date listed in the Final Action Dates chart for their preference category and country of chargeability in order to be eligible to file an Adjustment of Status application or to have their permanent residence application granted. Below is the June 2024 Final Action Dates chart:

Final Action Dates for Employment-Based Adjustment of Status Applications