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The E-2 visa has long been a popular option for entrepreneurs, investors, and employees seeking to live and work in the United States by investing in or working for a qualifying U.S. business. Historically, the U.S. Embassy in London has been a predictable and efficient post for processing E-2 visas, with interviews typically lasting only a few minutes and focusing on a cursory review of the application. However, recent developments have introduced significant changes to the process, requiring applicants to approach their interviews with greater preparation and awareness.

Key Changes in E-2 Visa Processing at the U.S. Embassy London

Over the past year, applicants and immigration practitioners have reported notable shifts in the E-2 visa interview process at the U.S. Embassy in London. These changes include longer interviews, more in-depth questioning, and an increase in unexpected refusals under INA 214(b). To address these concerns, representatives from the American Immigration Lawyers Association (AILA) engaged in discussions with consular leadership at the embassy. While consular officials confirmed that no changes have been made to the laws, regulations, or policy guidance governing E-2 visas, they did provide insights into procedural adjustments that may impact applicants.

1. Interview Environment

E-2 visa interviews are now conducted on a separate floor from other nonimmigrant visa classifications. Applicants are grouped with individuals undergoing Visa Control Unit interviews, which typically involve cases with potential criminal or inadmissibility issues. This setup offers limited privacy, which may add to the stress of the interview process.

2. Rotating Pool of Consular Officers

Unlike in the past, there is no dedicated E visa officer at the U.S. Embassy in London. Instead, interviews are conducted by a rotating pool of 14 consular officers, with two officers assigned to review E visa applications each day. This lack of specialization may lead to inconsistent adjudications, as officers may vary in their familiarity with E-2 visa requirements and nuances.

3. Longer and More Detailed Interviews

Interviews for E-2 corporate registrations and individual applicants are now lasting up to 30 minutes, compared to the brief interviews of the past. Applicants should be prepared to answer detailed questions about their business operations, financials, and role within the company. Examples of questions for corporate registrations include:

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

For individual applicants, questions may focus on:

  • Why is your company expanding or operating in the United States?
  • Why are you being sent to the United States, and why can’t your U.S. colleagues cover your role?
  • Is your U.S. company profitable?
  • Will you be seeking a green card eventually?
  • Are you aware that an E-2 visa does not provide a pathway to a green card?

4. Increased Scrutiny

Applicants with limited business experience or those unable to provide detailed answers may face heightened scrutiny. Additionally, the embassy appears to be applying the “Buy American Hire American” (BAHA) lens, which asks applicants to justify why an American worker cannot perform their proposed U.S. job duties. This aligns with the broader “America First Policy Directive” that prioritizes U.S. workers and businesses.

Implications for Applicants

The procedural changes at the U.S. Embassy in London have implications for E-2 visa applicants:

  • Thorough Preparation is Essential: Applicants must be ready to discuss their business operations, financials, and role in detail. This includes having a clear understanding of their business plan, start-up expenses, and the rationale for their presence in the United States.
  • Risk of Refusal: Unexpected refusals under INA 214(b) have become more common. A refusal may also impact an applicant’s eligibility to visit the United States under the Visa Waiver Program (ESTA), further complicating future travel plans.
  • Inconsistent Adjudications: The rotating pool of consular officers may lead to variability in interview experiences and outcomes. Applicants should be prepared for a range of questions and approaches.

Key Considerations

Given the evolving landscape of E-2 visa processing in London, applicants should consider taking the following steps to maximize their chances of approval:

  1. Work with Experienced Counsel: Consulting with an experienced immigration attorney can help ensure applications are complete, accurate, and tailored to address potential concerns.
  2. Prepare for In-Depth Questions: Practice answering detailed questions about business operations, financials, and role within the company. Applicants should be ready to articulate why their presence in the United States is essential.
  3. Document Everything: Provide clear and organized documentation to support an application, including financial statements, business plans, and evidence of the applicant’s qualifications.
  4. Understand the Limitations of the E-2 Visa: Be aware that the E-2 visa does not provide a direct pathway to permanent residency (a green card). Applicants should be prepared to address this if asked during their interview.

Conclusion

The U.S. Embassy in London has introduced changes to its E-2 visa interview process, making it more rigorous and unpredictable than in the past. Applicants should consider approaching their interviews with thorough preparation, a clear understanding of their business and role, and a willingness to address detailed questions. By staying informed and working with experienced professionals, applicants can navigate these challenges and increase their chances of a successful outcome.

On May 1, 2019, the E-2 Treaty Investor Visa may be available to Israeli citizens wishing to make a substantial investment in or set up a business in the United States. After several rounds of negotiations between the two countries and U.S. citizens already able to obtain a B-5 Israeli Investor visa, the United States is expected to approve the proposed May 1 launch date in early April.

The E-2 Visa grants qualified treaty investors and employees, as well as their dependent family members, a maximum initial stay of two years. Extensions may be granted in increments of up to two years, with no maximum limit so long as the E-2 nonimmigrant maintains an intention to depart the United States when their status expires or is terminated.

To qualify, the United States Citizenship and Immigration Services (USCIS) indicates a treaty investor must show at least 50 percent ownership of the enterprise or possession of operational control through a managerial position or other corporate device. The enterprise must have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. In addition, the treaty investor must risk a substantial amount of capital with the objective of generating a profit.

Given the flexibility of the E-2 Visa and Israel’s prominent position in the hi-tech sector, this new development has great potential to advance Israeli business interests and streamline entrepreneurial ventures.

For more on E-2 visas, click here.

As an update to an earlier post, on Aug. 1, the president signed the Knowledgeable Innovators and Worthy Investors Act (KIWI Act) granting E-1 and E-2 status to certain New Zealand nationals under mutual considerations. This will permit citizens of New Zealand to apply for U.S. visas to carry on significant trade with the United States (E-1) or after making a substantial investment in the United States (E-2). The KIWI Act is now designated as Public Law 115-226 (132 STAT. 1625).

For more information on E-Visas, click here.

In this episode of the Immigration Insights podcast, Kate Kalmykov, co-chair of Greenberg Traurig’s Global Immigration & Compliance Group, is joined by GT colleague Jennifer Hermansky to kick off 2026 with a comprehensive review of the “Top 26 EB-5 Insights for Investors.”

Kate and Jen discuss crucial issues facing EB-5 investors this year, including the impending expiration of grandfathering protections on Sept. 30, 2026, anticipated price hikes, heightened scrutiny on source of funds documentation, and strategies for avoiding delays and denials.

They also address new challenges such as consular processing pauses, security checks, and changes to Communist Party membership exceptions.

Kate and Jen share actionable tips for filing robust petitions, navigating adjustment of status, preparing for interviews, and planning for long-term residency and naturalization.

Whether you’re considering an EB-5 investment or already in the process, tune in for guidance to maximize your success before major program changes take effect.

Click here to listen to the full episode.

The U.S. State Department has announced a temporary halt on immigrant visa processing for applicants from 75 countries, effective Jan. 21, 2026. This pause comes as the department reassesses its vetting procedures under existing immigration law, specifically focusing on the public charge rule — a determination of whether an applicant is likely to require long-term financial or healthcare support from the U.S. government.

Who Does This Impact?

The full list of 75 countries comprises Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Why the Pause?

The directive aims to prevent the entry of foreign nationals deemed likely to rely on U.S. welfare or public benefits. This move follows increased scrutiny of public charge rules and broader immigration policy changes under the current administration.

Key Points for Applicants and Employers

  • The government will pause visa decisions starting Jan. 21, 2026.
  • Applicants from affected countries may be able to expect delays and should consider alternative strategies.
  • Employers relying on foreign talent may need to adjust timelines and explore contingency plans.

What Happens Next?

The State Department may release more details soon. For now, applicants and businesses should stay informed and may wish to consult with immigration counsel to navigate this evolving situation.

The U.S. government is rapidly expanding its use of AI across immigration and visa adjudications. While much of the public discussion focuses on efficiency and enforcement, these developments carry concrete and immediate implications for employers sponsoring foreign talent and investors pursuing U.S. immigration pathways, including EB-5, E-2, L-1, H-1B, O-1, and employment-based green cards.

AI-driven systems such as StateChat, ImmigrationOS, and the U.S. Citizenship and Immigration Services (USCIS)’s Evidence Classifier are reshaping how immigration agencies review petitions, assess credibility, detect inconsistencies, and prioritize cases. As a result, employers and investors may assume that filings are increasingly scrutinized not only by human adjudicators, but also by automated tools trained to flag anomalies across large data sets.

StateChat: Faster Policy Interpretation, Less Adjudicator Discretion

The Department of State’s generative AI platform, StateChat, is designed to help consular officers and staff rapidly interpret internal policy guidance, draft communications, and analyze cables. Now widely deployed across the agency, the tool accelerates decision-making and reduces reliance on individualized judgment.

For employers and investors, this might mean:

  • Consular officers may apply policy guidance uniformly and rigidly, with less tolerance for creative or borderline arguments.
  • Inconsistent explanations across petitions, applications, or prior filings may be identified more quickly.
  • Novel fact patterns—common in emerging business models, startup structures, or complex investment vehicles—may face heightened scrutiny if they do not map cleanly onto existing policy frameworks.

Well-documented, policy-aligned submissions are becoming more critical, particularly for treaty investor visas, multinational executive transfers, and investor-backed enterprises.

ImmigrationOS: Expanded Data Integration and Risk Profiling

U.S. Immigration & Customs Enforcement’s ImmigrationOS platform aggregates data from multiple government and commercial sources to identify visa overstays, compliance gaps, and enforcement priorities. While positioned as a tool focused on high-risk individuals, its breadth has implications beyond enforcement actions.

For employers, ImmigrationOS underscores the importance of:

  • Maintaining accurate, consistent records across immigration filings, I-9s, payroll, and public-facing business information.
  • Ensuring that changes in job duties, worksite location, compensation, or corporate structure are properly reflected in amended or new filings.
  • Understanding that discrepancies may be detected algorithmically, not just during audits or site visits.

For investors, particularly EB-5 and E-2 applicants:

  • Source-of-funds narratives, business ownership records, and financial histories must align precisely across filings and databases.
  • Prior visa applications, travel histories, and business registrations may be cross-referenced in ways that were not previously routine.
  • Errors that once went unnoticed may now trigger delays, requests for evidence, or referrals for further review.

USCIS Evidence Classifier: Faster Review, Less Margin for Error

USCIS’s Evidence Classifier uses machine learning to automatically categorize and tag documents submitted with petitions. While intended to increase efficiency, it also standardizes how evidence is surfaced to adjudicators.

For petitioners, this might mean:

  • Disorganized, poorly labeled, or inconsistently presented evidence may be misunderstood or deprioritized.
  • Key documents that do not clearly align with expected categories may receive less attention.
  • Adjudications may move faster, leaving less opportunity to cure deficiencies through discretionary review.

Employers filing high-volume cases or investors submitting document-intensive petitions should consider precision in document organization, naming conventions, and explanatory exhibits.

Strategic Takeaways for Employers and Investors

As AI becomes embedded in immigration adjudications, the practical impact is clear:

  • Consistency matters more than ever—across filings, agencies, and years.
  • Data hygiene is critical—errors, omissions, or informal practices may create risk.
  • Policy-aligned narratives might outperform creative ones, particularly in adjudications automated tools influence.
  • Preparation should anticipate machine review, not just human judgment.

AI may speed adjudications, but it also reduces tolerance for ambiguity. Employers and investors who approach immigration strategy with rigor, documentation discipline, and forward-looking compliance planning may be best positioned to navigate this evolving landscape. The future of U.S. immigration adjudications is not just digital—it is algorithmic. Understanding that shift is now a business and investment imperative.

In this timely podcast episode of the Immigration Insights series, host Kate Kalmykov, co-chair of Greenberg Traurig’s Global Immigration & Compliance Practice, sits down with Jason Rogers, Senior Partner at Newland Chase Advisory Services, to explore the dynamic landscape of global mobility and employee immigration. 

Together, they discuss how technology, evolving visa regimes, and shifting international policies are transforming the way companies deploy talent across borders. 

From the impact of recent U.S. immigration changes and rising costs, to emerging “hot spots” like Poland, the Middle East, Asia, and Latin America, this episode provides a comprehensive overview of the opportunities and challenges facing employers in today’s competitive race for global talent. 

Jason and Kate also delve into the critical role of compliance, tax, local employment laws, and data protection, while considering how AI and digital innovation are shaping the future of workforce mobility.

Whether you’re an HR leader, legal professional, or business executive, this episode offers actionable insights into building business-friendly global mobility programs.

Click here to listen to the full episode.

In the latest podcast episode of the Immigration Insights Series, hosts Kate Kalmykov and Jennifer Hermansky, shareholders in Greenberg Traurig’s Immigration & Compliance Practice, address the latest challenges and opportunities facing EB-5 investors and regional centers in 2025.

With the Sept. 30, 2026, RIA grandfathering deadline approaching, a surge of investors are seeking to lock in the $800,000 minimum investment before anticipated changes.

The discussion covers the nuances of using loans—including third-party and affiliate financing—and the heightened scrutiny from USCIS on lawful sources of funds.

Kate and Jen also explore installment funding, outlining recent shifts in adjudication trends, aggressive denials, and best practices for documentation and investor preparedness.

The episode concludes with strategies for contesting denials, navigating appeals, and the broader implications for projects and regional centers.

Click here to listen to the full episode.

Some individuals who live, study, or conduct business in the United States obtain an Individual Taxpayer Identification Number (ITIN) to comply with U.S. tax laws. However, a common misconception persists — that having an ITIN allows someone to work legally in the United States.

The truth is: an ITIN does not provide work authorization.

What Is an ITIN?

The Internal Revenue Service (IRS) issues ITINs for federal tax purposes. It allows individuals who are not eligible for a Social Security Number (SSN)—such as certain nonresidents, dependents of U.S. citizens, or undocumented immigrants—to file tax returns and meet their tax obligations.

What an ITIN Does Not Do

While the ITIN may be a tax compliance tool, it does not grant any immigration or employment rights. Specifically:

  • It does not authorize individuals to work in the United States.
  • It cannot be used to complete Form I-9, the employment eligibility verification required by all U.S. employers.
  • It does not make individuals eligible for Social Security benefits or change their immigration status.

Employers who hire individuals with only an ITIN and no work authorization risk serious penalties, including fines for hiring unauthorized workers and exposure to immigration enforcement.

Who Can Work Legally in the US?

To work lawfully, a non-immigrant must have:

  • A valid Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS); or
  • A work-authorized visa (such as H-1B, L-1, O-1, TN, or E-2, among others).

Each of these paths requires a separate application and approval process distinct from obtaining an ITIN.

Why It Still May Make Sense to Get an ITIN

Even though it does not authorize work, having an ITIN allows nonresidents and certain undocumented individuals to:

  • File tax returns and demonstrate compliance with U.S. tax laws;
  • Receive certain tax refunds or credits (if eligible);
  • Build a financial record that may be useful in future immigration or legalization efforts.

Key Takeaway

An ITIN is a tax identification tool, not a work permit. Before accepting employment or engaging in business activities, individuals may wish to consult an experienced immigration attorney to explore their options for obtaining lawful work authorization.

Immigration & Compliance Practice Shareholder Jennifer Hermansky will speak on the “EB-5 Visa: Your Way to US Residency and Citizenship” panel at the Bosco Conference – 16th Annual International B2B Conference. She will participate on Sept. 25 at InvestPro UAE Dubai and on Sept. 29 at InvestPro Turkiye Istanbul.

Register here for Dubai.

Register here for Turkiye.