Welcome to our Key Takeaways from AILA Copenhagen series! After attending the latest AILA conference in Copenhagen this October, we’re excited to share some valuable insights and updates relevant to business immigration. Our participation in this conference provided key takeaways for immigration attorneys and immigration officials, especially for those involved in handling E-2 visa applications, and underscored the importance of understanding each consulate’s unique approach.
Consulates: Independent Kingdoms with Unwritten Rules
If there’s one thing we’ve consistently emphasized, it’s that each U.S. consulate functions almost like an independent kingdom. Beyond the official visa requirements, each consulate often has unwritten rules and preferences that impact visa processing. For attorneys and their clients, understanding and following these unique, sometimes unwritten protocols is critical to a smooth application process.
These variations can impact application requirements, standards for business viability, and expectations for documentation. Nowhere is this truer than at the U.S. consulate in London, which continues to evolve its approach to E-2 visa applications with a higher level of scrutiny than many other consulates.
Important News from the U.S. Consulate in London: E-2 Businesses Must Be Fully Operational
One of the most impactful updates from AILA Copenhagen was the news that the U.S. consulate in London is increasingly requiring that E-2 visa applicants’ businesses be fully operational and staffed before granting the visa. For attorneys supporting E-2 visa clients applying through London, this development has significant implications.
Where other consulates may accept that a business is in the startup phase or pre-revenue stage, the London consulate appears to demand more tangible signs of operational status, including:
- Fully Operational Status: The business should already be running by the time of the application. This could mean that operations are underway, customers are being served, or products and services are being delivered. The consulate wants to see a business that is clearly beyond the planning phase.
- Staffing Requirements: The London consulate increasingly expects E-2 businesses to have employees on board at the time of application. Having a team in place signals that the business is not only active but also capable of fulfilling the requirement to support U.S. jobs.
Why This Matters
These unwritten standards at the London consulate underscore the importance of being prepared for consulate-specific demands. For immigration attorneys, this means advising clients on the need to be operational, ideally with hired employees, before attending their consular interview in London. Attorneys should encourage clients to plan accordingly, ensuring that any E-2 business application includes documentation that clearly demonstrates operational activity and active staffing.
Given this new level of scrutiny, it’s crucial to anticipate and address the London consulate’s unique expectations in the business plan, emphasizing elements such as:
- Detailed Operational Plans: Demonstrate that the business is already active and functional, detailing day-to-day operations, customer interactions, and revenue-generating activities.
- Staffing and Job Creation: Highlight the employment structure, providing details on current employees, their roles, and how the business supports local job creation in the U.S.
- Financial Viability: Include financial statements or other documentation showing that the business is sustainable, ideally with revenue coming in or a clear path to profitability.
Final Thoughts
The takeaway from AILA Copenhagen is clear: The London consulate is setting a high bar for E-2 visa applications, making it essential for attorneys to be aware of these evolving expectations. At Visa Business Plans, we specialize in creating detailed and customized business plans that reflect the operational realities of each client’s business, helping them meet even the most stringent consular requirements.
As each consulate enforces its unique approach, staying informed on these changes is critical for successful applications. If you have clients applying for E-2 visas in London or elsewhere, reach out to us to discuss how we can help you develop a business plan that meets all necessary criteria and prepares your clients for success.
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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