Can I Enter the U.S. after my E-2 Visa has been Submitted?

To file an E-2 visa application at a Consulate, you must submit a DS-160 along with supporting documentation.  The Consulate will review the information submitted and once ready, you can schedule a visa interview.  In many instances, the E-2 visa interview may take several months to materialize.  A common question that arises is whether travel to the U.S. is prudent during that period.

While travel to the U.S. is not prohibited, it is not highly recommended.  This is primarily because an E-2 visa submission to a Consulate signals that your business is either up and running or close to it.  As such, CBP (Border Patrol) may question the reasons for your entry and may conclude that you are coming to the U.S. to work.  As such, it is possible that you may not be admitted to the U.S. and this can have negative consequences.  We have had many clients who have successfully travelled to the U.S. after an E-2 visa submission, but one should understand the risks before travelling.  If time is of the essence, you may want to consider filing an expedited request at a Consulate to try and speed up the E-2 visa adjudication.

If one decides to travel, you should have a very detailed itinerary, and be prepared to explain to a CBP officer that you will only perform permitted activities while in the U.S.

You can find out more about B-1 permitted activities here.

You can find out more about the E-2 visa requirements by clicking here.