During the first half of 2020, the White House issued proclamations prohibiting travelers from entering the United States if they were in certain regions during the 14-day period prior to their planned flight. Those regions include much of Western Europe (i.e., the Schengen area, United Kingdom and Ireland), China, Iran and Brazil. At the same time, U.S. consulates around the world stopped processing visa applications, so those proclamations had no practical impact on E2 visa applicants.

Those proclamations state that certain categories of travelers are exempt from the ban. For example, U.S. citizens are not subject to the ban. The proclamations also state that the ban will not apply to “any alien whose entry [to the U.S.] is in the national interest …”. That exception is now the lifeline for E2 visas.

Remember that E2 visas are only granted if the E2 investor has made a substantial investment in the U.S. economy. In fact, successful E2 visa applicants often meet the “non-marginality” requirement of E2 visas by creating new jobs for U.S. citizens. Therefore, it makes sense that, in light of the recent rise in U.S. unemployment, E2 investments that create jobs for U.S. citizens should be characterized as “in the national interest.”

U.S. consulates have resumed processing and issuing E2 visas. Consular officers sometimes grant national interest waivers to applicants who are in regions affected by the presidential proclamations mentioned above. Each consulate has its own particular process for granting authorization to travel to the United States through the national interest exception.

Interestingly, another presidential proclamation limiting immigration to the United States is still in effect. While that proclamation affects certain visa categories (including L1 and H1B visas), it does not affect the issuance or use of E2 visas.

Consult with our company USA Gestiones for more information about obtaining the E2 visa.