E2 help needed (interesting case)

L

LennJS

Registered Users (C)
I'm currently in the US legally on non-immigrant status. One of my father's companies is based in the US. Soon I'll be employed in a managerial position to oversee the investment(substantial, with new invesments expected soon leading to new employment on short term base) into this US based company. Nationality of the ownership of the US based company is the same as mine. Here comes the problem, I'm a resident in one of the islands belonging to the Dutch Antilles. Three of these islands (Aruba, Curacao, Bonaire) fall in the district of the US embassy in Caracas Venezuela. So if I were to apply for the E2 oustide of the US I would have to go to the embassy in Caracas. Venezuela is not a treaty country so E2 applications are extremely uncommon over there, would this be an advantage or disadvantage when applying for one? Now, I've been to caracas before and will try to avoid having to go there again at all cost. I know I can file for the E2 within the US, but would this be an even more difficult, lengthy process?
That was quite long, but any comments will be greatly appreciated.
 
I'm not sure what the current relationship is between the Dutch Antilles and the Netherlands, but I might suggest going to the US consulate in Amsterdam. That's where I got my E2 processed. Very friendly and professional people. You will need to make an appointment and take into account that your passport with stamp will be sent to an address where you are staying in the Netherlands (they used to give back the passport with stamp in the afternoon - not anymore as far as I know). BTW, my spouse has had the same type of issue since she is from a non-E2 treaty country. The US embassy personnel seemed very puzzled and had to check their manual to decide what to do. Though all went fine in the end and she got the stamp.

It is possible to change your status while in the US. But when you need to travel outside of the US, you need to get the stamp anyway.
 
The Netherlands Antilles (a treaty country through the Netherlands) are Dutch territory. Problem is that I'm 99% sure that I won't be able to take care of this at the consulate in Amsterdam, the dutch caribbean islands are not in their district. Years ago when I applied for an F1 visa I was forced to go to the embassy in Caracas as well, residents of Aruba, Curacao and Bonaire are required to go Caracas for US visas. I'm trying to find out if applying for this visa within the US is a good idea. Say you've changed status to E2 within the USA and you need to travel outside of the country. Where would you get that stamp?
 
Just a couple of suggestions:
- Try and send a fax to the US consulate in Amsterdam. Briefly explain the situation and ask them if you can apply for the E2 visa at their post. Sometimes this works but they normally only allow "urgent" matters to be communicated through fax. Worked for me, but I needed to send the fax twice.
- Alternatively, call the appointment number (charge 15 Euros on CC) and explain the situation to them. I have heard these people can be helpful. So again, explain the situation and ask if you are eligible. Consular web site at www.usemb.nl
- You can change status in the US but it can take a lot longer than going for the consular route (there is no fast track application like with H1b). Also, you still need to get the stamp anyway when you want to travel, so it doesn't solve the problem you describe.

I hope this helps.
 
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Hey Billy Bob,
First of all, thanks for the help, much appreciated. Were you not a resident in the Netherlands when you applied for that E2? See my problem is that I'm trying to avoid having to go to Caracas and I'm trying to find out exactly how this works if I would file within the US (my lawyer isn't too knowledgeable about this, might seek a different one).
If I would be able to do this via Amsterdam I would probably do that. If I were to change status within the US, what kind of "stamp" would I need in order to travel. Would I get this stamp at port of entry when I return to the US?
Thanks
 
Changing status in the US (COS) is the same for all non-immigrant visa status. So when you receive the approval paperwork it often includes a new I94 card and a notice until when your application is valid. When you travel outside the US and want to come back you need to go to a US consultate to get the actual stamp in your passport. For most visa classes it is advised to do that in your home country, especially in case of the E2. There is no such thing as getting the paperwork done at the POE.
BTW: your lawyer might seem not too knowledgeable about COS but that probably has to do with the fact that almost everybody does consular processing of the E2 visa. I also remember that for an E2 visa application the State Department is involved, not the USCIS initially.
I really think you should call the US consulate in Amsterdam. They probably won't charge you if they can't make an appointment.
 
Hey Billy Bob,
I'm not sure about one thing. I know you got your E2 processed in AMS, but were you a resident in the Netherlands at the time? If not so, how were you able to get this processed through AMS?
Thanks
 
Some more updates

It's been a while. I'm traveling to the Netherlands soon to become a resident there so I can file for E2 in amsterdam (btw, as resident of Curacao, NA, I had to go to Caracas, too great of a personal risk).
On the US consulate (in AMS) website it says to allow for a minimum of 8 weeks for processing and approval (for E2). Does it on average really take that long? It's possible that things have changed over the past few years. Also, do you think it would be possible to travel to the US as a visitor while E2 processing is pending? My scenario is a little different then most E2 applicants since I'm already legally in the US. However my current status will drop as soon as I leave the US.
Thanks for the help, much appreciated.
 
There are two steps in the process. The first involves submitting evidence that the company is eligible for E2 status. Paperwork needs to be sent to the Department of State. The process can take anywhere from a couple of weeks to a couple of months. After approval you can start the second step: getting E2 visas for the actual investors, employees and dependents. You submit the paperwork to the Amsterdam consulate and they will contact you to set up an appointment. No need to schedule an appointment through their regular system as per the instructions on the website at "usembassy.nl/cnvtreat.htm". When you are in the Netherlands you can do step one and step two at the same time, i.e. submit all paperwork at once.
Getting the visa is actually very simple as long as all the paperwork is correct - it shouldn't take more than a couple of weeks, but you never know. I've only had good experiences with the consulate in Amsterdam (and other consulates in western Europe), very different from going to some other places like in the Carribean (Jamaica for example).
As far as I can see you should be able to travel as a tourist, most probable on the visa waiver program but I have no experience traveling while an application was pending.
 
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E2 Interview (Billy Bob, are you still out there?)

My E2 application will be submitted this week. It took some work gathering the paperwork, but it all came out nicely. I was wondering what the interview is like. I know you have experience with the consulate in Amsterdam. What to expect?

Much appreciated
 
Good to hear you got all the paperwork done - that's about 95% of the process. I've had two E2 visa interviews before. Nothing spectacular or difficult. As long as the paperwork has been accepted the interview is just a formality. Basically expect questions about your future position, about the company, it's product and services and maybe a few silly questions about when you plan to go to the US. Just keep it to the point and stick to answering the questions asked. Make sure you know the details of your business plan although I never had an officer asking too much about it (my company developed a fairly complex software product so they didn't ask too much about it).
I suggest you dress up a bit - suit and tie - that always helps to make a professional impression. Compared to some of the South American US consulates, I actually think most people working in the Amsterdam consulate make the impression they like being there so I don't think they will give you a hard time.
As far as I remember, you cannot get your visa stamp the same day anymore. They probably will send it to your home address in the Netherlands. Their web site will have the most up to date info. Good luck and keep us posted about yoru experiences.
 
Thanks for all the great help and advice Billy Bob. I'll let you know how this will work out. This company too, develops a very complex software product. We put a lot of effort into writing a good business plan that is not too overwhelming but still convincing. You're right about the visa stamp, you leave your passport there and they will mail it back to you within 2 days.
 
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