Can Treaty Investors File E-2 Petitions or Extensions During Shutdown?

(UNITED STATES) E-2 visa applicants can keep moving forward with consular interviews during the 2025 government shutdown, but the pace may vary by location and could slow if a long funding gap strains resources at U.S. posts abroad. Because the E-2 is a consular-based visa, there is no USCIS petition to file, and the agency’s partial operations during the shutdown do not control whether interviews happen. Instead, U.S. embassies and consulates — which rely largely on fees paid by applicants — are continuing routine visa services for now.

Some posts have warned that staffing limits or shifting priorities could lead to cancellations or rescheduling if the shutdown stretches on.

Why consulates — not USCIS — matter for E-2 applicants

USCIS has confirmed it remains open for fee-funded work during the shutdown, but the E-2 is not processed through a USCIS petition stage. Applicants apply directly at a consulate, attend an interview, and — if approved — receive the visa in their passport for travel to the United States.

Because of this structure:

• The main shutdown risk is how each consular post manages appointment capacity while operating on fee balances.
• There is no USCIS role in issuing an E-2 visa, and no “extension” filing with USCIS that can keep an E-2 visa application moving.
• If a consulate cancels interviews or scales back to emergency services, E-2 applicants must wait until the post restores normal scheduling.

Variations in consular operations

Consular operations differ by country and post:

• Some posts are running with near-normal calendars.
• Others are trimming appointment slots, triaging workload, or preparing to cut back further if fee reserves get tight.
• Many consulates post day-by-day updates on their websites and social media channels.

Applicants should watch those channels closely, especially after long weekends or local holidays, when schedule changes more often appear.

Consular posts may adjust services week by week. This unevenness makes planning harder for investors who have committed to leases, equipment orders, or staff start dates.

Policy change: more in-person interviews

Officials have signaled a return to stricter in-person procedures. As of September 2, 2025, most nonimmigrant visa applicants must appear for interviews in person, including many seeking renewals. That policy applies to E-2 investors as well.

• Interview waivers will be less common, so even those who previously renewed by mail may now need to appear at the consulate.
• In a shutdown, an interview-heavy system requires more officer time; if a post loses staff to budget constraints, queuing and delays can increase rapidly.

According to VisaVerge.com analysis, the E-2 structure shields applicants from the most direct shutdown effects (no USCIS petition pause) but also leaves them exposed to local operational limits. In short: most E-2 consular interviews are still happening, yet more applicants are competing for limited slots while in-person requirements boost demand.

Practical steps applicants cannot take

Many applicants ask if they can file anything with USCIS to speed processing during a shutdown. For E-2 visas, the answer is no:

• The E-2 route goes straight to the consulate.
• There is no USCIS petition stage or filing that affects the consular interview timetable.
• If a post cancels interviews for a day or two, applicants must wait until the consulate restores normal scheduling.

What consulates may do if the shutdown persists

The State Department will continue visa processing as long as fee funding allows. But if the shutdown continues for an extended period, some consulates may:

• Limit routine visa processing
• Focus on emergencies, diplomatic cases, and mission-critical needs
• Adjust services week by week, making planning unpredictable

This uncertainty can strain investors who have already committed resources (rent, equipment, staff) for a business launch. A short delay of a week or two may be manageable; longer delays can harm cash flow and contractual obligations.

Real-world timing risks

Consider a scenario:

• A small Canadian software firm leases office space in Austin, signs employment offers, and schedules equipment delivery for mid-October.
• The founder appears for an E-2 interview on schedule, but the consulate pauses routine services for a week.
• If visa printing slows, the founder may need to postpone a launch or incur extra expenses while awaiting entry.

When timing is tight, even small consular changes can ripple through a company’s rollout.

How to reduce risks — practical checklist

To lower risks, applicants should prepare earlier and build time into travel plans.

1. Complete applications and prepare documents early:
   • Fill out the online DS-160 nonimmigrant visa application.
   • Complete the DS-156E supplemental form for treaty investors.
   • Keep digital copies of proof-of-funding, corporate records, wire transfers, invoices, leases, payroll plans, and contracts.
2. Bring and organize documentation:
   • Bring printed confirmation pages to the interview.
   • Check the consulate’s local document rules — they can differ by country.
3. Scheduling and rescheduling:
   • If the consulate cancels your appointment, follow the rescheduling instructions provided by the post or the scheduling contractor.
   • Avoid creating duplicate profiles (these can cause system errors or delays).
   • If you have urgent travel tied to business start-up dates, keep clear proof of deadlines for possible discretionary priority rescheduling.
4. Communication and monitoring:
   • Monitor the consulate’s “News” page, sign up for alerts, and check appointment portals every few days.
   • Re-check your interview date and time 24–48 hours before the appointment.
   • Pause travel bookings that cannot be changed until scheduling is stable.
5. After interview considerations:
   • Factor in time for passport return after approval (can take several days even when interviews continue).
   • Airline tickets may require passport details; changing dates can be costly — build buffers.

How employers, partners, and families can help

• Employers and franchise partners should prepare thorough, concise business plans to make the investor’s case clearer and faster to review.
  • Consular officers look for whether the investment is substantial, the business is real and operating (or close to opening), and the investor will direct and develop the enterprise.
  • Well-organized files reduce follow-up and speed decisions.
• Family members traveling on derivative E-2 visas should align interviews with the principal applicant.
  • If capacity is cut mid-month, staggered appointments can split families during the move.
  • Keeping files synchronized lowers the odds of staggered arrivals.
• For children’s education:
  • Ask schools about late enrollment options if visas arrive later than planned.
  • Some schools allow mid-term entry with placement tests; others require term-beginning enrollment.

Handling 221(g) requests and document requests

• If you receive a 221(g) refusal for missing documents, respond quickly with complete, clearly labeled evidence.
• Concise submission reduces back-and-forth and the need for in-person follow-ups.

Key takeaways

The E-2 visa remains a viable path during the shutdown. The main variable is how each consular post manages services if the funding gap lasts. Careful planning, early document work, and close attention to consular notices give investors the best chance to keep plans on track despite a fluid situation.

Current Operations at Consulates and USCIS

• E-2 visa processing is consular-based: there is no USCIS petition to file for an E-2 visa, and no USCIS “extension” process that changes consular interview timing.
• USCIS remains open for fee-funded functions, but that does not control E-2 visa issuance because the decision happens at the consulate.
• Consular interviews generally continue during a shutdown because posts operate on user fees; if the shutdown lingers, some locations may reduce routine services, cancel appointments, or prioritize emergencies.

What E-2 Applicants Should Do Now (summary)

• Expect in-person interviews: as of September 2, 2025, most nonimmigrant applicants, including many renewals, must appear in person.
• Monitor local post guidance: each consulate sets schedules based on staffing and fee balances; watch for day-to-day changes.
• Prepare complete files: clear, well-organized applications help officers reach decisions faster when calendars are tight.

For official E-2 category guidance and application steps, consult the State Department’s page for Treaty Investors at https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa-e.html. Applicants completing required forms should use the official DS-160 application and the DS-156E for treaty investors, available through the State Department’s website.