Can I expedite my E-2 visa interview?

Typically, interview dates for E-2 applications are offered after the DS-160 is submitted online and supporting documents are provided to the reviewing consulate. Note that the exact timeline of submitting the supporting documents to a consulate and scheduling the interview vary from consulate to consulate, so it is important to review the instructions provided by the relevant consulate’s website. We discuss the requirement for an interview on an E-2 application here.

Because of the ongoing pandemic, the scheduling of visa interview appointments have been at best erratic. Offered interview dates can range from dates into a few weeks into the future to months if not a year into the future. Again, this depends on the particular consulate being applied through, it’s workload and resulting availability. One potential option if offered by a particular consulate is to request that the consulate expedite or move up the interview date.

It should be noted however, that we caution clients that it is not guaranteed that a consulate will expedite the interview date and that consulates vary in the criteria they impose in order to determine whether to move up the date of the interview. It is certainly possible, that a consulate may easily deny a deserving request to be expedited for an interview while approving another request that is not so deserving within the same consular office.

At a minimum it is recommended that an applicant take and schedule the first date offered by the consulate and continue checking the scheduling website to see if earlier dates become available where the applicant is advised to take any earlier dates as they open up. What we have observed is that consulates appear to be using appointment availability as a way to control their workload. As they advance through their workload, they begin to offer earlier dates, while if their workload begins to create backlogs, they start to offer interview dates far out in the future and sometimes, they don’t offer any dates for weeks at a time. Fortunately, the system allows for an indefinite amount of rescheduling.

If the consulate you are applying for is just not opening up soon enough dates, then perhaps you should consider requesting the consulate to consider moving up your interview to an earlier date. Remember, that in order to request an expedited date, you still must take the first date made available if not you risk the consulate denying your request. Also remember that although you can reschedule the appointment date indefinitely, you only get one shot at an expedited interview request with most if not all consulates, so you need to make it count.

Most consulates, provide similar guidelines to the ones being posted here as criteria they consider when reviewing an expedited appointment request.

1. An immediate relative’s death, grave illness or life-threatening accident taking place in the United States.
2. Urgent medical treatment for the applicant or their minor child.
3. An applicant for a student or exchange visitor (F/M/J) visa whose I-20 or DS-2019 has a start date that is earlier than the first available visa appointment.
4. An unexpected need to travel to the United States for urgent business purposes that is occurring within 10 days after the first available visa appointment.
5. An unexpected visit that is of significant cultural, political, journalistic, sporting, or economic importance that is occurring within 10 days after the first available visa appointment.

It is our impression that reasons based on urgent medical reasons are the requests that have the best chance of being granted. However, we have also seen requests approved in cases where an applicant can provide reasons pertaining to how their business If not the startup of the business will be affected if the applicant is not granted the E-2 visa within a certain period of time. Details are important as to the role of the applicant and how his or her role is crucial to the success of the business and how the business will be harmed if the applicant is not granted the E-2 visa.

Please note however, that the role of the E-2 investor applicant is to manage, develop and direct the business, not work as an employee of the business. As a result, the experience, training, and credentials relevant to the managing, developing and directing of the business are what should be emphasized in the request.

Please also note that the basis for the request should be drafted in such a manner to not conflict with the application and the applicant should be prepared to provide documentation to support the request if not already submitted with the initial application.

The manner to make the request again varies from consulate to consulate. Most consulates appear to allow for making the request directly from the scheduling website offered by each respective consulate which may be subject to a word count limitation. Others may require emailing or calling the consulate directly to confirm the manner in making the request.

Finally, I cannot emphasize enough, that it is not certain a particular consulate will grant an expedited interview request therefore, careful planning should be made to prepare for an interview far out in advance subsequent to the presentation of the E-2 visa application.

You can read our discussion on what to expect at an interview here.

You can also read our founder’s most recent experience in renewing his E-2 visa here.