Why E-2s Are An Excellent Option

On a panel recently at a conference sponsored by the American Immigration Lawyers (AILA) Conference in London, I was asked why I might advise a client to file an E-2 visa application instead of seeking an L-1 visa. The answer is simple.

E-2 visa applications are adjudicated by U.S. consular posts abroad. The culture of reviewing E-2 visa applications is extraordinarily friendly to businesses. Specifically, at U.S. consular posts, visa officers are mandated by the Foreign Affairs Manual "to be flexible, fair, and uniform" in adjudicating treaty-based E-2 visas. This culture results in favorable decisions, where visa officers exercise judgment and discretion in an application process. The process is about facilitating economic and commercial ties between the United States and treaty countries.