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E-2 interview and what happens after the interview: Q&A

A woman conducting an interview with a man in her office

This blog post will go over some common questions about the E2 visa interview but mostly about what happens after the E2 visa interview. Please read our Blog post about Tips for the E2 interview here.

Do I need to bring originals of any documents with me to the interview?

Generally, the only original documents you will need are Marriage certificate (if your spouse is applying for the E2 visa as well) and/or Birth Certificates, if your children are applying for an E2 visa.

Do my children need to attend the E2 visa interview?

You should review the Consulate’s instructions on this. Some Consulates don’t require children under the age of 14 to attend the interview and you can just bring their passports and birth certificates to the interview, but you should check the specific instructions or reach out to the consulate where you are applying before your interview.

My case went into Administrative Processing. What can I do?

Sometimes it happens that at the end of your visa interview the officer lets you know that your case is going into Administrative Processing. There are various reasons why a case goes into administrative processing. Generally, you just need to wait until the government makes a decision but if the delay is unreasonable, you could file a Mandamus action.

My visa was denied. What can I do, can I re-apply?

If your E2 visa was denied, you can certainly re-apply. There are various reasons why an E2 visa can be denied and depending on the reason for the denial, you may be able to apply pretty quickly after the denial. In your re-application, you should explain in detail what you have done to address the officer’s concerns and the reasons for denial (e.g. if the petition was denied because the investment amount was too low, you should explain and include evidence of the additional investment).

My Visa was approved. How long does it take to get my passport back?

Generally, it takes about 3-10 days to get the passport back after your visa is approved, but you should check the website of the specific Consulate where you are applying. You should not book a flight until you have your passport back with the E2 visa issued.

I will live at a different address than the one I listed on the DS160. What should I do?

Yes, if you move to a different address than the one you put on the DS160, you will need to submit Form AR-11.

Where can I check my I-94?

Each time you enter the US on your E2 visa, you should get 2 years in E2 status. We recommend checking your I94 each time you enter the US. You can check and download your I94 here.

Can my spouse work in the U.S.? Does my spouse need to apply for a work authorization?

Your spouse can work in the US incident to his/her status and does not need to apply for a work authorization. Your spouse can work for any US employer or can also start his/her own business. Please find more information about the E2 spouse authorization here.

My E-2 visa was approved. When will I need to enter the U.S. to “Activate” my E-2 visa? Is there a deadline?

No. It’s not required that you reside in the U.S. at all after your E2 visa is approved. We have clients who come to the US couple days after their E2 visa was approved, and other clients who enter weeks or months after their E2 visa was approved. There is no deadline.

Do I need to spend majority of my time in the U.S. to keep my E2 visa?

No. As mentioned above, there is no residency requirement for the E2 investor . We have clients who spent all their time in the U.S., but also have clients who just come to the US a couple times a year on their E2 visa to check on their business for a couple of days and that’s it. There is no set period of time you need to be in the US to “keep” your E2 (like there is for example if you have a Green Card).

Do all family members need to travel to the US together?

No. If you and your family members received E2 visas, you can all travel to the US separately, it’s not required that you all enter the US together.

What will the CBP officer ask me when entering on E2 visa?

If you already have an approved E2 visa by the Consulate, the CBP officers usually don’t ask many questions about the E2 company. They can ask some simple questions such as what the company does, what is your role, but nothing tricky.

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