U.S.  Embassy London Updates E Treaty Trader/Investor Visa Procedures

The U.S. Embassy in London has revised and updated its E treaty trader/investor visa procedures. E Visas are available for persons seeking to invest or carry out trade in the United States who have the nationality of a country with which the United States has a bilateral treaty of commerce and investment (such as the United Kingdom). In the past, lengthy delays in E visa processing by the Embassy's E visa team caused considerable inconvenience to businesses and individuals seeking to obtain E visa status for themselves and their essential employees being sent to the United States to manage their investments and trade there.  The new guidelines are intended to streamline the process of obtaining E visas, clarify the documentary requirements, and lay out markers for the kind of activities that are incompatible with E visa issuance.

According to the Embassy's new procedures, which are to be found on their website (http://london.usembassy.gov/cons_new/visa/index.html), requests for E visa will follow a three-step process:  submission of initial documentation, review of those documents, and final adjudication.  Upon receipt by the Embassy's E Visa Team of a request for E visa status, cases will be reviewed and the applicant or legal representative advised of additional documents required, if any, and given a choice of open dates for the visa interview. The Embassy advises that the review process currently takes 60 days.   Applicants must attend a visa interview within 90 days of the initial notification, and the Embassy will not keep a case open for more than 90 days.  

The Embassy also advises persons interested in applying for E visa status that this category does not allow for permanent residence in the United States, nor are E visa applicants absolved from having to demonstrate ties to a permanent residence abroad in order to qualify for E visa issuance.  Applicants who have submitted E visa applications are also cautioned not to engage in activities in the United States following the submission of their application and before their visa appointment that could qualify as work or "active management" of any U.S. business that they are establishing or taking over.  Doing so prior to obtaining valid E visa status is not permissible by persons admitted to the United States under the Visa Waiver Program or as non-immigrant business visitors, and can result in denial of the E visa application.

The documentation required for a successful E visa application is substantial and must be submitted in the proper format in order to be accepted for consideration by the Embassy.  Persons interested in obtaining E visa status should contact Magrath's U.S. Immigration Unit for advice and assistance in preparing and submitting a successful E visa application.  Clients who are waiting for the Embassy's E visa unit to evaluate their applications are strongly advised to consult with us prior to engaging in any activity in the United States in connection with the business or investment they intend to establish, to make certain their intended activities will not jeopardize their ability to qualify for E visa issuance.