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ILT MAGAZINE
E-2 Investor Visas in 2021 By Sarah Brunet
I
Sarah Brunet, Esq.
sarah@brunet-immigration.com
practice business immigration with an emphasis on E-2 investor visas. As an immigrant from France, I have found that many of my fellow French compatriots love the prospect of applying for an E-2. In fact, an E-2 investor visa is often the go-to visa for many business immigration practitioners as it only requires a small amount of investment, no education requirements, and allows for spousal work permits. These are just a few of the benefits of an E-2. In 2021, the E-2 will continue to be my go-to visa. While no one can predict the future, E-2s have been surprisingly favored by consulates in terms of issuance priority. Indeed, when applying for an E-2 appointment in Paris, France, clients were consistently scheduled in a matter of weeks during the Fall of 2020 while the Covid-19 Consular slowdown was happening. However, O-1 appointments were almost impossible to secure. The data doesn’t lie, and it’s easy to see that E’s were likely prioritized over most other NIVs. In addition, it appears that most top E-Visa issuing posts have, for the
E-2 Investor Visas Issued Fiscal Year 2016-2020
most part, resumed their pace of case processing. The exceptions lie with Ciudad Juarez, Mexico and London, England that have yet to catch up on their backlog of cases.
It is also important to note that consular posts seem to approve National Interest Exceptions (NIE) much more generously for the E-2 investor visa than they would have others. Indeed, most clients applying for an E-2 investor visa have not reported any specific question pertaining to NIE during their visa interview, while being granted NIE with no additional evidence other than the promise of hiring U.S. workers. Although these reports and data are encouraging, it would be foolish to not take into consideration the current political climate. I advise practitioners to:
ILT MAGAZINE
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ISSUE NO.
01
1. Evaluate the Option of Filing For A Change of Status (COS or C/S)
Paris, France Consular Post Visa Issuance Comparison October 2019 v. October 2020
If my client has already secured a B-1 or B-1/B-2 and is in the United States, it may be better to file for a Change Of Status to E-2 if their intent to remain changed after admission. While I have heard of USCIS finding major issues with E-2 C/S
