# E2 visa processing taking longer than expected -- good or bad sign?



## Freyaw (Feb 13, 2018)

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

I submitted my file a little over 6 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.

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. 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.


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## 1631650 (Feb 20, 2018)

*E-2 application*

Sorry to say but your investment seems quite small for E-2 standards, your funds are clearly not "irrevocably committed" to use their language and your capital is not sufficiently at risk, which is clearly a requirement for the E-2. Would be very interested if you could share whether your application was successful or not. Wish you best luck. Rgds.


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## Freyaw (Feb 13, 2018)

Wouldn't I have had news already if it would have been a denial?

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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## twostep (Apr 3, 2008)

If I understand your original post you are trying to build a Pharm sales force. This is what my answer will be based on. Please correct me if I am wrong.


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## Freyaw (Feb 13, 2018)

No

It s a consultancy business specialised in pharmaceutical quality regulations


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## Freyaw (Feb 13, 2018)

I m mostly curious about the time that it is taking. Why could it be taking longer than the average processing time of 6 weeks (atm almost 8 weeks) and whetger this could be good/bad/...

I don t want to open a discussion about whether or not the investment amount is enough or enough at risk because that is a bit useless at this point unless it could be a reason for the longer processing time.

My file was created together with a lawyer btw


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## Freyaw (Feb 13, 2018)

Never mind! Invitation for interview came yesterday, had the interview today.... visa approved!


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## grigia76 (Mar 27, 2018)

For my E-2 Visa in Italy i waited 10 weeks, so you will have to wait a Little bit more.


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## Rafael80 (Nov 6, 2018)

Congratulations for the approval.
I am going through E-2 Visa process now
I would like to know some details about your case, to check options for my case.
Your help would be really appreciated.
About funds at risk, Did you lease an office for the business?
Did you hire any employee before get the Visa?


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## America4ever (Jul 24, 2019)

Freyaw said:


> Wouldn't I have had news already if it would have been a denial?
> 
> 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"
> 
> ...


Very pleased to read that you were successful. I am just starting out and my attorneys said investment of around$60k. Seems there is quite a bit of discrepancy. Did you use attorneys if I may ask? Fees very steep at £6500. Thanks in advance


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