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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.

The U.S. Embassy in Cairo has cancelled most visa appointments scheduled for Oct. 22, 23, 24, and 25. Appointments on these days for student visas as well as emergency and priority appointments will proceed as scheduled.

The embassy has emailed visa applicants that their appointments have been cancelled “due to unforeseen circumstances” and directs affected applicants to log in to their profile and reschedule their appointments. The embassy’s website says that it is currently offering limited visa services due to the war in Gaza.

The U.S. Mission in China is temporarily suspending all visa services due to China’s recent spike in COVID-19 cases. Only emergency consular services are available at the U.S. Consulates in Wuhan, Shenyang, and Guangzhou. Passport and emergency citizen services will continue at the U.S. Embassy in Beijing and the U.S. Consulate General in Shanghai.

While some previously scheduled appointments at the Consulate General in Shanghai will proceed, visa appointments at all other locations are canceled. Nonimmigrant Visa applicants are advised to reschedule their appointments for a later date and Immigrant Visa applicants are advised to contact the Immigrant Visa Unit (Immigrant Visa Unit – Question – U.S. Embassy & Consulates in China (usembassy-china.org.cn). The U.S. Mission in China did not indicate when normal services will resume.

For more information on rescheduling a visa appointment and contacting a consulate or the embassy, please see the U.S. Mission China Alert at Alert: Update from U.S. Mission China Consular Services for December 15, 2022 – U.S. Embassy & Consulates in China (usembassy-china.org.cn).

Greenberg Traurig Immigration & Compliance Practice Shareholders Kate Kalmykov and Nataliya Rymer were grateful for the opportunity to meet with Consular Officials at the U.S. Embassy in Paris and tour their American Citizen Services and Consular Visa Services sections as part of the American Immigration Lawyers Association (AILA) RDC Conference. Below are some key updates addressed during these meetings:

  1. Confirmation that third country nationals will be accepted for nonimmigrant and immigrant visa processing at the U.S. Embassy in Paris, including Russian, Iranian, and Ukrainian nationals. As a reminder, acceptance of a visa application and scheduling of a visa appointment do not guarantee visa application approval, visa issuance, or negate any grounds for refusal.
  2. The Consular Section at the Embassy reports having decreased their visa appointment wait times along with interview-waiver visa processing times significantly.
  3. E-2 treaty investor visas constitute a high portion of the applications at the Consulate, with interviews conducted on the Monday of each week. Consular officials confirmed they will adjudicate third country E-2 visa applications, but cautioned that when the business relates to specific country conditions, applicants may find it easier and more beneficial to apply at the U.S. Consular Post in their home country, even if the wait time is longer. Nonimmigrant Visa Section officials confirmed that there have been some denials related to E-2 treaty investor applicants seeking extensions of status whose businesses applied for, and received, Paycheck Protection Program (PPP) loans. Consular Officials stated that, rather than the receipt of the PPP loan itself having caused the denial, the adjudicating officers want to see extensive proof that the PPP loan was used for its stated purpose, in order to address wide concerns regarding fraud. Furthermore, applicants must be able to demonstrate that, since taking out the PPP loan, the companies have continued operations, generated revenues, and created or maintained jobs. Separately, rather than demonstrating that financial and employment projections outlined in the business plan were met with exact precision, businesses should document operations, growth, and efforts to meet these projections. 
  4. The Consular officials stressed that the Consular Section is unable to expedite any cases undergoing administrative processing, as this processing is undertaken at the State Department headquarters in Washington, D.C., rather than at the Post.
  5. F-1 Foreign Visas are processed at high volumes, with scheduling of interviews and visa issuance continuously prioritized.
  6. Requests for expedited visa appointments can be made where circumstances warrant, and such circumstances will have to be explained to the Post in an expedited appointment request.
  7. The Embassy does offer Privacy rooms for sensitive situations and applicants.
  8. Supervisor’s desks are located behind the interviewing Consular Officers, and therefore, Supervisors are able to hear, and address, any more complex issues arising during interviews.
  9. Consular officials stressed that, because supervisors are close in proximity during interview processes, any denials resulting during interviews are vetted and approved by them. Therefore, applicants are encouraged to reapply after denials, rather than asking for reconsideration of the previously submitted application. Furthermore, to the extent possible based on staffing levels, the Consular Section attempts to assign different officers for reapplications, to ensure that each application is reviewed fully. 
  10. Consular Officers at the U.S. Embassy in Paris speak many different languages and are therefore able to offer translation as needed. If a visa applicant appears with a translator, the translator may be asked to leave if the Consular staff have someone fluent in the applicant’s native language.
  11. U.S. Citizen Services at the Embassy in Paris will accept third country applicants seeking renunciation of citizenship.
  12. Lost or stolen U.S. passports can be issued quickly by the American Citizen Services. As a note, U.S. citizens traveling in France are advised to keep their passports in a hotel safe, due to high levels of pick-pocketing. 

With the beginning of autumn, individuals who may wish to travel internationally for the holidays should start planning accordingly. With movement restrictions still in place and U.S. embassies and consulates operating at limited capacities, travelers need to be prepared for long processing and wait times. Also, as the Coronavirus Disease 2019 (COVID-19) situation remains fluid worldwide, travelers need to be prepared to remain flexible. This updated GT Alert provides considerations with respect to international travel amid the COVID-19 pandemic.

Read the full GT Alert, “Fall Travel Advisory: U.S. Embassy/Consular Services and COVID-19 Movement Restrictions.”

As economies worldwide begin to re-open, some companies and individuals are thinking about resuming international travel. If international travel is required for your work or other reasons, be prepared for strict restrictions and potential last-minute cancellations. This updated GT Alert provides considerations with respect to international travel amid the Coronavirus Disease 2019 (COVID-19) pandemic.

Read the full GT Alert, “July 2020 Travel Advisory, U.S. Embassy/ Consular Services, and COVID-19 Movement Restrictions.”

As summer approaches and countries begin to re-open, some companies and individuals are thinking about resuming international travel. If international travel is required for your work or other reasons, be prepared for strict restrictions and potential last-minute cancellations. This GT Alert provides considerations with respect to international travel amid the Coronavirus Disease 2019 (COVID-19) pandemic.

Read the full GT Alert, “Summer 2020 Travel Advisory, U.S. Embassy/Consular Services, and COVID-19 Restrictions.”

As an update to our Feb. 26 post regarding the U.S. Consulate General in Milan temporarily suspending its routine visa services, on March 9, 2020, the Italian government issued a decree which restricts the movement of the country’s entire population effective immediately. This decree is valid until April 3, 2020, but is subject to change. Employers and foreign national employees needing services at the U.S. Embassy and Consulates in Italy should note the following:

  • As of March 9, 2020, only emergency visa services are available at the U.S. Embassy in Rome and at U.S. Consulates in Florence, Milan, and Naples

— Visa applicants should be prepared for lengthy processing times due to limited staffing at consular posts;

— Visa applicants should be flexible and prepared to work with their employers and airlines to adjust travel plans as needed.

  • American Citizen Services continue to be available at the U.S. Embassy and Consulates in Italy, but be prepared for delays;
  • If in Italy, follow the instructions of local authorities and monitor the U.S. Embassy’s website: https://it.usembassy.gov/news-events/
  • If possible, restrict non-essential travel and be flexible, as the situation remains fluid worldwide.

We will continue to monitor this rapidly changing situation. If any urgent travel plans arise, contact your GT professional.

Restrizioni rilevanti presso l’Ambasciata e i Consolati degli Stati Uniti d’America in Italia dovuti al COVID-19

Come aggiornamento al nostro recente blog sulla sospensione temporanea delle attività di routine connesse al rilascio dei visti presso il Consolato Generale degli Stati Uniti d’America a Milano, Vi informiamo che l’9 marzo 2020 il governo italiano ha emesso un decreto che limita immediatamente la circolazione dell’intera popolazione del paese. Il decreto del governo italiano contiene delle misure che avranno validità fino al 3 aprile 2020, seppur soggette a modifiche.  I datori di lavoro e i dipendenti stranieri che necessitano di servizi presso l’Ambasciata e i Consolati degli Stati Uniti d’America in Italia devono tenere presente quanto segue:

  • Dal 9 marzo 2020, solo i servizi di visto d’emergenza sono disponibili presso l’Ambasciata degli Stati Uniti a Roma e presso i Consolati degli Stati Uniti a Firenze, Milano e Napoli:

— I richiedenti il visto devono essere preparati a tempi di elaborazione lunghi a causa del personale limitato delle sedi consolari;

— I richiedenti il visto devono essere flessibili e preparati a pianificare con i loro datori di lavoro e le compagnie aeree, in base alle necessità, eventuali modifiche dei viaggi pianificati.

  • I servizi per i cittadini americani continuano ad essere disponibili presso l’Ambasciata e i Consolati degli Stati Uniti d’America in Italia, ma bisogna essere preparati a eventuali ritardi
  • Se siete in Italia, seguite le istruzioni delle autorità locali e monitorate il sito web dell’Ambasciata degli Stati Uniti: https://it.usembassy.gov/news-events/
  • Se possibile, limitate gli spostamenti non essenziali e siate flessibili, poiché la situazione rimane in divenire in tutto il mondo

Continueremo a monitorare questa situazione in rapida evoluzione. In caso di piani di viaggi urgenti, contattate immediatamente il vostro professionista GT di riferimento.

On Feb. 7, 2020, the official visa information website of the U.S. mission in China (http://cdn.ustraveldocs.com/cn/index.html?firstTime=No) announced that as of Feb. 3, 2020, regular visa services at the U.S. Embassy in Beijing and Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang are all suspended. The notice further states that the U.S. Embassy and Consulates in China have very limited staffing and may be unable to respond to requests regarding regular visa services. Limited emergency appointments may be available to individuals who have urgent travel needs, and qualify for an exemption under the February 2 Presidential Proclamation on Coronavirus (i.e., lawful permanent residents; spouses and children (unmarried and under age of 21) of U.S. citizens or permanent residents; parents or legal guardians of U.S. citizens or permanent residents, provided the U.S. citizens or lawful permanent residents are unmarried and under 21; siblings of U.S. citizens or lawful permanent residents, provided the U.S. citizens or lawful permanent residents are unmarried and under 21). Individuals who have urgent travel needs and qualify under the exemption of the Presidential Proclamation may go to https://ustraveldocs/com/cn/index/html to submit an emergency appointment request or contact your GT attorneys for assistance.

Pursuant to this announcement, unless indicated otherwise in further notifications, all immigrant and nonimmigrant visa appointments scheduled in the coming weeks will be cancelled. Immigrant and non-immigrant visa applicants, including EB-5 immigrant visa applicants, with scheduled interview appointments in the coming weeks should expect to receive cancellation notices shortly. Please contact your GT attorneys for questions regarding the appointment cancellation and rescheduling. Please note that given the limited staffing the U.S. Embassy and Consulates operate with, we do not expect timely responses for rescheduling requests at this time. We will monitor the situation and provide updates as they become available.

As a follow-up to our Jan. 31 blog post, we have yet to see an official announcement from the U.S. Embassy & Consulates in China regarding visa appointment cancellations for the week of Feb. 10 or later. However, this week, we began receiving non-immigrant and immigrant visa appointment cancellations for the week of Feb. 10. Likewise, the U.S. Consulate General in Guangzhou informed some EB-5 investors that “Due to the evolving situation with the novel corona virus, and the Chinese government response, the USCIS Consulate Guangzhou is cancelling immigrant visa appointments the week of February 10.”  Continue Reading Update on Cancellation of Visa Appointments at U.S. Embassy and Consulates in China, and USCIS Response to the Coronavirus