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E2 visa processing taking very long

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  • E2 visa processing taking very long

    I am looking for some experience with the processing times on the e2 investor visa.

    I submitted my file a little over 7 weeks ago at the brussels US embassy and have received no update yet (I do have a confirmation that they received it). My lawyer told me beforehand that they usually take less time than the indicated processing time but it doesn't seem to be the case for me. The processing time indicated on the embassy website is currently 6 weeks.

    Could it be a good sign? I would assume that if it is a denial that the news would come pretty fast, no? Could it take longer because my company will be active in the pharmaceutical area and might require a background check?

    I already have clients lined up and waiting for me and they are getting very impatient.

    E2 background:
    Investment: 92k dollars. I am investing together with a company that has offices all around the globe in my domain and they invest with the goal to have a US partner. My investment is 65%
    At risk: 37k has been placed in escrow (money is released for operational use at visa approval), about 30k has been spent and the rest (about 25k) sits on the company bank account. So a total of 67k could be considered as irrevocably committed and the regulations say that a portion of the investment may reside in the bank account as operarional funds.

    Consultancy requires mostly cashflow and has a low setup cost

    Type of company: pharma consultancy
    Experience: I have extensive experience in developing and running a department of pharma consultants (+/-75 people) and have experience in growing that type of business (grew department from 20 to 75 in less than 5 years). I have a good reference letter on this from the group CEO from that company.
    The business plan has as goal to get to 20 to 25 local employees over a span of 5 years with a good profitability

  • #2
    Some extra info: A total of about 67k of the 91k investment has been committed and at risk. Remaining funds are kept available to pay invoices and operational expenses. As per 9 fam 402.9-6 (b)(c)(2) "a reasonable amount of cash, held in a business bank account or similar fund to be used for routine business operations, may be counted as invested funds"

    100% of the funds required to get the business to the point of being operational have been invested (9 fam 402.9-6) stipulates that a substantial investment is the investment required to get a company to that point. Since the company is ready to go at this point and only waiting for e2 approval.

    91k should be more than enough funding for this type of business to be successful which is the basic criteria for the substantial test.

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    • #3
      No feedback required anymore! Had my interview yesterday and received an approval, picked up my 5 year visa today 😃

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