E-2 Visa Consular Interview

The officer is not limited to reviewing the paper submission and may ask questions needed to evaluate the legal requirements or clarify the evidence.

The consular interview is part of the visa adjudication, and the officer may use it to test whether the applicant has established each element of E-2 eligibility. The Department of State requires the applicant to satisfy the substantive treaty investor or employee requirements even when a detailed document package has already been submitted. Questions may therefore address nationality, ownership, investment, the enterprise, the applicant's role, employee qualifications, and intent to depart. The applicant should be prepared to explain the filed facts accurately rather than assume the officer will rely only on the written submission.

The applicant should understand the purchase, startup expenditures, escrow arrangement, financing, source of funds, business cost, and amount actually placed at risk.

An E-2 investor should understand the investment transaction in practical detail. Questions may cover the total cost of the enterprise, amounts already spent or committed, escrow terms, purchase agreements, startup expenses, financing, source of funds, and the path by which capital reached the US business. The FAM requires possession and control of the funds and excludes illicit sources, while the investment itself must be at risk and committed. The applicant should be able to explain the numbers in the filing and reconcile them with bank records, contracts, closing statements, and the business plan.

Officers may explore products or services, customers, premises, staffing, revenue, contracts, licenses, competition, and projected growth.

The interview can examine whether the enterprise is a real and operating commercial undertaking and whether it is more than marginal. The applicant should understand what the business sells, who its customers are, how it earns revenue, where it operates, what licenses or permits apply, who works there, and how projected growth will occur. For a startup, the officer may focus on steps already completed and how close the enterprise is to actual operations. Answers should match contracts, leases, payroll, financial records, websites, licenses, and projections in the filed package.

The testimony should be consistent with ownership records, operating agreements, management rights, organization charts, and the business plan.

A principal investor should be able to explain how the investor will develop and direct the enterprise. Ownership percentage is relevant, but the officer may also examine governance rights, management responsibilities, budgets, hiring authority, contracts, strategic decisions, and day to day leadership. The testimony should be consistent with operating agreements, shareholder records, organization charts, business plans, and other corporate documents. If another owner, manager, lender, or franchisor has significant rights, the applicant should understand those arrangements and be able to explain why the investor still possesses the required control.

The employee should understand the enterprise, proposed duties, reporting structure, qualifications, and why the position meets the applicable E employee standard.

An E-2 employee interview focuses on a different role analysis. The applicant should know the treaty enterprise, employer ownership and nationality, proposed duties, reporting structure, and the facts supporting executive, supervisory, or essential employee classification. Executive and supervisory applicants should be able to describe authority and organizational responsibility. Essential employees should explain the specialized skill set, how it was acquired, why the enterprise needs it, and how long the need is expected to continue. The applicant's answers should align with the DS-156E, resume, employer letter, organization chart, and supporting evidence.

The strongest preparation is a complete understanding of the filed facts and documents, including any changes that occurred after submission.

Interview preparation should be based on understanding the actual record, not memorizing a script. The applicant should review the DS-160, DS-156E where required, business plan, ownership documents, source of funds evidence, financial records, organization chart, prior visa history, and any material developments since filing. If facts have changed, the applicant should identify the change accurately rather than repeat an outdated statement. Preparation should also include the consulate's current procedural instructions because posts may have specific document submission or interview practices in addition to the general Department of State requirements.