The E-2 visa is a non-immigrant that permits eligible foreign investors to live and work in the United States temporarily upon investing a substantial amount of capital in a US business enterprise.
However, simply applying with USCIS is not sufficient, as any small mistake involved in the process may result in a visa denial. Whether it is fair or not, it is not uncommon to find applicants whose E-2 visa application or renewal has been denied.
In this article, you will discover the main reasons that result in E-2 visa denials.
Can E2 Visa be Rejected? – Taking a Closer Look
When an E-2 visa application is denied, the applicant will receive a proper notice outlining the underlying reasons. Ideally, the best approach to avoid visa application denials is to work with an expert attorney throughout the process.
Substantial Investment Requirement
The E-2 visa requires the investment of a “substantial amount of capital” in a US business enterprise. However, USCIS does not provide a specific number to define what “substantial” actually means.
Therefore, many applicants fail by investing amounts that may not be substantial enough. In this context, a skilled legal advisor is crucial to identify whether an applicant’s investment will meet the requirement, based on previous field experience and years of practice.
Financially Reasonable Business Plan
USCIS provides that “the investment enterprise may not be marginal.” The term “marginal” is used to designate businesses that have neither present nor future capacity to generate more than enough income to provide a living for the E-2 applicant and his/her dependent(s).
When assessing an application, the officer adjudicating the case will determine:
- Whether the proposed business has a current capacity to generate revenues
- If not, whether the proposed business can generate revenue within five years
- Whether the proposed business will not be marginal
Accordingly, if the officer understands that the enterprise is unlikely to meet the requirements, the E-2 visa application will likely be denied.
Fulfilling the Proposed Role in the E-2 Business
Another common reason behind E-2 visa denials happens when the officer adjudicating the petition believes the applicant does not qualify for the proposed role in the enterprise. Also, an officer might believe the position may be suitable for a US worker.
As part of E-2 visa requirements, USCIS establishes that E-2 investors must:
- “Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device”
For E-2 employees, USCIS requires that applicants must “either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.”
In any case, E-2 applicants must demonstrate to have the necessary skills to occupy a leadership position in the proposed business enterprise, and that their skills are not easily replaceable by US workers.
Personal Background Issues
If an E-2 applicant has issues connected to his/her personal background, the application will be denied by USCIS. Common examples include criminal convictions, precedent travels to certain specific countries, or having worked in the US in the past without valid immigration status.
It is Possible to Avoid E2 Visa Denials – Immediately Contact an Expert Attorney at Jurado & Associates, P.A.
Working with a skilled immigration attorney in Florida is crucial to anticipate application mistakes that may result in visa denials. Waste no time – immediately contact an attorney from Jurado & Associates, P.A. by calling (305) 921-0976 or emailing [email protected] to schedule a consultation.
