Immigration Year in Review: What E-2 Applicants Should Know

As 2025 draws to a close, there have been several critical updates to the E-2 visa program worldwide. Here are several new factors to consider when timing an E-2 visa application.

Interview Waiver Update – September 2025

In July 2025, the U.S. Department of State issued a new Interview Waiver Update that supersedes the previous update issued in February 2025. This new update became effective on September 2, 2025, and affects all E-2 Visa applicants and dependents. Previously, applicants and dependents under the age of 14 and over the age of 79 were eligible for a waiver of the nonimmigrant visa interview. This means that these applicants were not required to attend consular interviews in person. However, as of September 2025, all E-2 applicants and dependents will require an in-person interview with a consular officer, including those under 14 and over 79.

While exceptions exist, they do not apply to E-2 applicants.

Visa Interviews Only in Home Country or Country of Residence

This month, the U.S. Department of State has revised its policy for nonimmigrant visa (NIV) applicants regarding where to schedule visa interview appointments. This update supersedes all prior guidance.

Under the new policy, applicants are expected to schedule their visa interviews at the U.S. embassy or consulate located in their country of nationality or residence. Nationals of certain countries, however, are required to apply at designated embassies or consulates because the United States is not currently conducting routine visa operations in their home countries (see chart below).

Applicants must also be able to demonstrate residence in the country where they are applying if their application is based on residency. It is important to note that visa application fees remain nonrefundable and nontransferable, and individuals applying outside of their country of nationality or residence may find it more difficult to qualify. In addition, wait times for visa appointments vary by location and may increase due to this policy update.

The Department has clarified that existing visa interview appointments will generally not be canceled under this new guidance. Certain categories are also excluded from the update, including A, G, C-2, C-3, and NATO visas, as well as diplomatic and official visas regardless of classification, and visas covered by the UN Headquarters Agreement. Limited exceptions may be made in cases involving humanitarian, medical, or foreign policy considerations.

Because E-2 treaty investor visas fall within the nonimmigrant visa category, this updated guidance applies to E-2 applicants as well. E-2 applicants should therefore plan to schedule interviews at the U.S. embassy or consulate in their country of nationality or residence, or at a designated location if they are nationals of a country where the United States is not conducting routine visa services.

Applicants are strongly encouraged to monitor the website of the U.S. embassy or consulate where they plan to apply to confirm the latest requirements, procedures, appointment availability, and operating status.

Designated locations by nationality

USTravelDocs Issues

On October 26, 2024, U.S. embassies and consulates launched USTravelDocs as the required platform for submitting visa applications. E-2 applicants from several countries (including Germany) must use this platform, as alternatives like the AIS portal are not available in all locations.

As the platform approaches its first-year anniversary, it continues to experience technical challenges. E-2 applicants should be mindful that issues with account creation, appointment scheduling, and fee payment may arise and could result in delays in the visa application process. The most common issue clients are facing is with account creation. When signing up for an account, please ensure you are signing up for a USTravelDocs account and not a US Citizen Services account.

We recommend that applicants plan ahead, allow extra time for potential complications, avoid making major life decisions during the application process, and carefully follow all instructions on USTravelDocs to minimize the risk of delays.