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For many years, the U.S. Embassy in London has been a predictable and structured location for E-2 visa interviews and corporate registrations. However, recent reports indicate significant changes in the interview process, leading to longer interview times and an increased level of scrutiny for applicants. This shift has raised concerns, especially regarding unexpected refusals under INA 214(b).

Key Changes in the E-2 Visa Interview Process

Historically, E-2 corporate registration interviews and E-2 employee visa interviews were brief, often lasting only a few minutes for a cursory review. However, recent reports suggest that interviews can now last up to 30 minutes, with consular officers asking more detailed and probing questions. Applicants must be prepared to discuss their business operations, financial details, and long-term plans in much greater depth.

A significant structural change is that E-2 visa interviews now take place on a separate floor from other nonimmigrant visa classifications. These interviews are conducted alongside visa control unit applicants—individuals with potential criminal or inadmissibility issues—raising concerns about privacy and the overall interview atmosphere. Additionally, there is no dedicated E visa officer. Instead, a rotating pool of 14 consular officers handles these cases, with two officers assigned to review E visa applications each day. This may lead to inconsistent adjudications and unpredictability in outcomes.

What to Expect in an E-2 Visa Interview

Given the evolving interview format, applicants should prepare for more detailed questioning. Those applying for corporate registration may be asked:

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

Individual applicants should also anticipate more in-depth inquiries, including:

  • Why is your company expanding or operating in the U.S.?
  • When did the company begin operations in both the U.K. and the U.S.?
  • Why are you being sent instead of a U.S.-based colleague?
  • Is your U.S. company profitable?
  • Are you aware that the E-2 visa does not provide a direct path to a green card?

Potential Risks and Implications

With the administration’s emphasis on policies such as the “America First Policy Directive” and “Buy American, Hire American,” applicants may face additional hurdles in proving why an American worker cannot perform their proposed role. Moreover, applicants who are refused an E-2 visa may also become ineligible to enter the U.S. under the ESTA program.

How to Prepare

Given these new developments, it is crucial for E-2 applicants to be thoroughly prepared for an extensive Q&A session. Those with limited business experience should be especially diligent in reviewing their financials, business plan, and justification for their role in the U.S. operations. Seeking professional guidance can help mitigate risks and ensure the strongest possible application.

As these changes continue to unfold, staying informed and adequately preparing for a more in-depth interview process will be essential for a successful E-2 visa application. Our team of experts at Berardi Immigration Law is here to help guide you through the immigration process.

Please note that this is very timely advice and is subject to change without notice. Be sure to stay updated for any future changes.