EB-1, E-2 Visa for NIEs during Covid

Travelling to the United States During Covid: Extension to National Interest Exception (NIEs)

Life in America is returning to something resembling normality following a successful roll out of Covid-19 vaccines. However, disruption continues at the border with travelers from Europe (Schengen area), the UK, Ireland, China, India, Iran, Brazil and South Africa still banned unless you can obtain a National Interest Exception (NIE).

While restrictions may soon lift on the UK and Europe, the entry restrictions on the other countries show not sign of abating in the short term. Consequently, the State Department has extended the validity of NIEs to twelve months, permitting multiple entry to the US, so long as they are used for the purpose for which they are granted.

National Interest Exceptions permit travel to the United States, despite border restrictions. As the name suggests, you must be able to prove that your visit is in the US national interest.

Acceptable definitions of national interest include:

  • Directing significant economic activity
  • Journalist work
  • Supporting public health initiatives
  • Extraordinary humanitarian grounds

We have helped multiple clients obtain National Interest Exceptions permitting them to travel to the United States. Many of our E-2 Treaty Investor Visa, L-1 Employee Transfer Visa, New Office L-1 Visa and EB-1c International Manager or Executive Green Card clients may be eligible for National Interest Exceptions (NIEs). The same may be true for people on talent visas, such as the O-1 Visa, the EB-1a Visa, the EB-NIW, EB2 Visa, and other categories.

This issue only affects people coming from certain countries who are not permitted entry to the United States based upon high levels (current or historic) of Covid-19. As the pandemic evolves, new countries may be added to this list, whilst others may be removed. The countries as of today (July 8th) are:

  • China,
  • Iran,
  • Brazil,
  • South Africa,
  • the Schengen Area (Europe),
  • the United Kingdom,
  • Ireland,
  • India

Contact us to discuss how this affects you. Do not arrange travel to the US if you are either in or planning to visit any of the countries on the list above.

Read the State Department’s post.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Grenada Citizenship by Investment Programme

Grenada Reopens to Vaccinated Travellers

Grenada is reopening to fully vaccinated travellers. And while you do not actually need to visit Grenada to obtain Grenadian Citizenship by Investment, many applicants do still wish to go and forge a personal connection with the island paradise in the Caribbean Sea.

Getting into Grenada

Grenada considers a person fully vaccinated two weeks after the second dose of Pfizer, AstraZenaca or Moderna, or two weeks after the first dose of the single-shot Johnson & Johnson Janssen vaccine. What is the process for getting in if youre fully vaccinated?

  1. Book two nights of quarantine in an approved location before you travel
  2. Get a PCR test 72 hours before flying
  3. Prepay for a PCR test for your arrival in Grenada
  4. Obtain travel authorisation from Grenada
  5. Fly to Grenada
  6. Present proof of vaccination
  7. Take PCR test at airport
  8. Stay in quarantine for 48 hours while your PCR test is checked

Pathways to Citizenship in Grenada

Grenada offers two pathways to citizenship – a donation to its National Transformation Fund starting from $150,000 or an investment in real estate from $350,000 with a $50,000 government fee. There is also an option for a partial share of a real estate investment from $220,000. Investment opportunities must be approved by the government and tend to be hotels and villas on the island. There are a handful of approved developers who have a long history working with the CBI programme. Some developers offer the option for a buyback of your investment after Grenada’s CBI conditions have been met.

Benefits of Grenada Citizenship

Grenada has a strong and stable economy with a strong tourism sector. Tourism numbers inevitably fell during the pandemic, but the country is predicting a quick rebound. Reopening the border to fully vaccinated travellers is the first step in this process. The Grenadian passport is relatively strong offering visa free access to around 130 countries, including the United Kingdom, the European Union, and the People’s Republic of China.

Access to the E-2 Visa

Grenadian citizens are also eligible for the United States E-2 Treaty Investor Visa. This allows a person from a treaty country to move to the US to invest in and run a business or franchise. Only citizens of Treaty Countries are eligible, so that excludes India, Russia, China, Vietnam and more. We have helped clients obtain E-2 visas via Grenada and its Citizenship by Investment programme.

While the Grenada CBI programme does not require applicants to visit the island as part of the application process, it is advisable that anyone considering the E-2 option should visit the island and create local ties. The US embassy that is responsible for E-2 applications from Grenadian citizens is on the neighbouring island of Barbados and Grenadian E-2 applicants may have to visit Barbados for interview.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Obtaining an E-2 Treaty Investor Visa Despite Travel Complexities of Covid-19: Case Study

E-2 Treaty Investor Visa Approved for a Canadian National who applied at the US Consulate General in Sydney during the pandemic

By Verdie Atienza, Head of L-1 & E-2 Visa Practice

Prior to the lockdown, D&A started to work on an E-2 visa application for a Canadian national who was temporarily in Australia for a vacation. The original plan was to apply at the US Embassy in Toronto where new E-2 applications for Canadians are filed and processed. It is worth noting that the Department of State encourages nonimmigrant visa applicants to apply at the US Embassy or Consulate in their home country as they are in a better position to determine the ties to the home country.

Due to safety concerns, travel restrictions and lockdowns, our client decided that she wants to apply for the E-2 visa in Australia instead of traveling back to Canada. For this to be possible, we had to advise the client to apply for extension of temporary stay in Australia. The request was granted and so we prepared, finalized and submitted the application at the US Consulate in Sydney. While the applicant had to wait a little longer, she was scheduled to appear for interview and her application was approved at the end of the interview.

While the Department of State cautions applicants of higher chance of getting a denial by applying at the Embassy or Consulate other than the one in the home country, D&A successfully demonstrated the applicant’s ties to the home country. D&A prepared a strong E-2 application which meant that the client had a smooth interview experience.

What was the E-2 Business?

Our client is a Chief Executive Officer of a cosmetics company based in Hawaii. The company specializes in developing and selling sun care products to be used before, during, and after sun exposure. The E-2 Company is dedicated to developing innovative sunscreen formulas that meet the ever changing and evolving skin and sun care needs. The Company’s formulas combine effective cosmetic active and beneficial natural ingredients to create products that achieve the sustainable beauty, health, and wellness goals of modern women.

The E-2 Company’s products are developed in collaboration with a third-party contract manufacturer. The Company carefully selects high-quality ingredients to be used in the manufacturing process in order to develop high-quality, effective sun care products that will simultaneously help users achieve their tanning goals in a sustainable and healthy way.

What is the E-2 Treaty Investor Visa?

The  E2 Investment Visa allows a person to move to the US to set up or acquire a business. Applicants must come from a country that holds an E-2 Treaty with the United States. Both Canada and Australia hold E-2 Treaties with America.

People from countries that do not have an E-2 Treaty with the US have to first become citizens of E-2 Treaty countries, like Grenada or Turkey. Citizens of India, China and Vietnam are not directly eligible for an E-2 Visa.

There is no fixed investment requirement for an E-2 visa, but it is usually expected to be in excess of $100,000. Ultimately, however, the investment amount needs to be appropriate for the business being proposed. A business plan is required as part of the application and the consular officer will assess the E-2 application on the basis of this plan.

E-2 is a non-immigrant visa, which means it does not offer permanent residency. It can, however, be renewed permanently provided the underlying business continues to operate successfully.

National Interest Exception

This case study raises the issue of travel difficulties during the Covid-19 pandemic. The United States border has been closed to people who have been in countries with especially bad outbreaks of the virus. This includes Schengen countries, the United Kingdom and Ireland.

Davies & Associates has been able to obtain travel waivers for L-1 and E-2 visa clients from these countries. By building the case that it is in the economic interest of America to admit these people, the US authorities have granted special permission to travel.

Read more about National Interest Exceptions.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


US Customs & Border Protection

Traveling to the US During COVID-19: Consular Applications & Interview Update

By David Cantor Global Director of Client Relations

It is notably a difficult time for anyone needing to travel to the United States. Whether it is for purposes of business, family or leisure – travel restrictions are still in effect for the United States through December 31, 2020 as a result of the Presidential Proclamation.

In recent months, various US Embassies and Consulates have issued formal reports on the commencement of adjudicating select visa-applications, conducting interviews and granted travel permission to those who fall within the National Interest Exemption.

The National Interest Exemption (NIE), effectively permits individuals from the UK and Schengen Region to travel to the United States – the most common applicants being Students (F1 and M1 visa holders), Researchers (J1 Visa), Investors (E2) and those who need to attend to urgent, temporary, business matters (B1 or ESTA).

In order to determine whether you qualify for the National Interest Exemption it is necessary to submit a request to the respective US Consulate.

Navigating these requirements can prove challenging, since there is no uniform policy for the re-opening of US Consulates. For instance, the US Consulate in Rome is now welcoming E-2 Treaty Investor Visa applications, while the US Embassy in London does not expressly mention this on the State Department website.

The same goes for other US Consulates throughout the Schengen Region, and we suggest you further consult an attorney to determine visa-processing viability and NIE procedures through the respective Consulate.

What remains clear, is that waiting periods and additional processing delays are likely accumulating. For example, the United States Embassy in London was previously adjudicating E-2 Investor Visas within a 30-45 day window – while, cases filed in March and April remain pending and the earliest interviews that are being granted is August 2021.

That said, for qualified applicants you are generally able to make expedited requests and obtain Consular appointments in a much shorter period of time. However, you still need to fully-understand the processing requirements for the National Interest Exemption, as it varies from Consulate to Consulate. 

The global response to Covid-19 is unprecedented. The United States has imposed restrictions on visits from a swathe of countries and regions in an attempt to limit the outbreak. Nevertheless, if you are considering a US visa application, we recommend starting the process. It takes time to prepare and L-1 and and E-2 visa application, so this uncertain time can still be used effectively.

The E-2 Treaty Investor Visa allows a person to move to the United States with their family for the purpose of own and operating a business. Spouses are eligible to apply for work authorization outside the E-2 business. Applicants must be a citizen of an E-2 Treaty Country. Click here to find out if your country is on the list.

If your country is not on the list, it is necessary to first become a citizen of an E-2 Treaty Country. Davies & Associates is able to package together citizenship by investment (CBI) of Grenada or Turkey with an E-2 visa application. Find out more about the process here.

The L-1 Visa allows for the transfer of a manager or executive from the overseas branch to the US branch of the same company. This visa can also be used as part of setting up a new US presence. Davies & Associates can help you set up the US office before transferring an employee there to manage that business.

The Schengen area refers to 26 European countries that have abolished their internal borders. This includes much of the European Union excluding the United Kingdom, Ireland, and recent joiners. It also includes Iceland, Liechtenstein, Switzerland and Norway.

Contact Us to discuss your case.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


L-1 & E2 Visa for US Practice Team

Davies & Associates Sees First US E2 Visa Approval as US Embassies Reopen

US consular services are finally starting to get back to work after a Covid-enforced hiatus. Davies & Associates yesterday received its first approval since the pandemic caused a shut-down of all but essential operations at US embassies in March. But with US airspace still closed to travellers from many countries, a National Interest Exception is required for foreign nationals wishing to travel from a restricted country.

The successful, Switzerland-based client has established a pharmaceutical consultancy in New Jersey under the E-2 Investment Visa category. The E-2 Visa is one of few visa categories not suspended as part of President Trump’s so-called “immigration ban” to protect US workers from the effects of the pandemic.

While the Proclamation prohibiting entry of foreign nationals coming from the European Schengen area is still in effect, the Embassy has granted a National Interest Exception to allow the client to enter to the United States based on their strong E-2 application.

A National Interest Waiver will most likely be required for any new E-2 visa holder to be able to enter the US. That is if they come from a county that is on the Center for Disease Control and Prevention blacklist. This also applies to anyone holding an existing E-2 visa, but currently located outside of the United States and seeking to return. It is advisable for people in this position to contact their immigration attorney to discuss their specific circumstances.

The E-2 Visa allows a person to move to the United States for the purposes of starting or acquiring a business. The applicant must be investing enough money to support the demands of the business, and they are able to bring their family with them to America. Spouses are able to apply for work authorization outside of the E-2 business.

Only select countries are eligible for the E-2 visa. For those clients from ineligible countries, Davies & Associates offers a simple package of obtaining citizenship of an E-2 Treaty Country. The quickest and most cost-effective of these packages is via Grenada in the West Indies or Turkey.

In other recent developments, the US authorities have removed the requirement for E-2 visa applicants to have a physical office space in the United States. Until now, E-2 businesses were required to prove this as part of their application. All other requirements remain, including the need for the applicant to own at least 50% of the business and that they “develop and direct” it themselves.

Despite the Covid-19 crisis, Davies & Associates has seen an increase in E-2 visa applications. Lockdown may have prompted people to review their options and provided more time to prepare the necessary application. An E-2 application requires a strong and credible business case, which can take time to prepare.

Verdie Atienza, Head of E-2 Visa Practice at Davies and Associates said, “Preparing a strong E-2 application requires time and careful planning. To be able to position your company for the expected economic recovery due to the pandemic, prospective E-2 applicants should take advantage of the current travel restrictions to prepare a strong E-2 application. Having an E-2 application in queue will get you in the best position to come to the US to develop and direct your company at the soonest possible time.”

Davies & Associates is a US-based immigration focused law firm with corporate capabilities. The firm specializes in helping its clients set up new businesses around the world and then procuring the necessary visas to move with their family to run those businesses.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients.