Expedited E-2 visa program closes for French applicants

The U.S. Embassy in Paris has discontinued its Golden Arrow program, which provided expedited processing of E-2 Treaty Investor visas for large companies that regularly send French employees to the U.S.

Key points:

• French applicants may still apply for E-2 visas, but the expedited procedures are no longer available.
• Companies must now submit evidence showing that they qualify as E-2 employers (e.g., that they are 50-percent owned by French nationals and have a substantial investment in the U.S.) even if that information was previously submitted to the Embassy.

Background: E-2 visas are available for individuals and their family members who are either engaged in substantial trade in a qualifying activity, directing and developing an enterprise in which the individual has invested a substantial amount of capital, or filling an executive/supervisory role or providing skills deemed essential to the operation of a qualifying E-2 entity.

BAL Analysis: Termination of the program is consistent with the Trump administration’s directive to increase visa scrutiny under the “Buy American, Hire American” memo issued in April 2017. Companies should anticipate some processing delays as a result of having to submit the additional documentation, but the change is unlikely to have a significant impact on E visa adjudication. It is unclear whether other embassies that currently offer E-2 company registration will discontinue their registration programs.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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