Despite being a non-immigrant visa, the E-2 treaty investor visa is an excellent option for foreign entrepreneurs interested in starting a US business without necessarily having to invest an overwhelming amount of capital.
Still, the E-2 visa has a set of different requirements, meaning any failure to meet the established criteria or properly filing the application may result in a visa denial. In any case, having an E-2 visa application denied is not the end of the world.
In this article, you will find feasible solutions in the event you have an E-2 visa application denied.
What Happens if E2 Visa is Denied? – In Detail
Understanding the Reasons Behind the Denial
Typically, most failures in E-2 visa applications happen due to denials under section 214(b).
Applied only to non-immigrant visas, a denial under section 214(b) indicates that an applicant did not sufficiently demonstrate to the officer adjudicating the petition that he or she was qualified for a specific visa.
When an E-2 is denied under section 214(b), the applicant will receive an explanation outlining the reasons that led to the denial. It is crucial to identify such issues and address them in the next application.
For instance, if an applicant failed to meet the “substantial” amount of investment requirement, he or she must invest more capital in the business enterprise and then file a new E-2 application after the new sum has been invested.
Filing a New E-2 Visa Application
Upon understanding the reasons behind the initial denial and addressing them adequately, a rejected applicant may submit a new application to USCIS and pay the required fees once again.
In this context, the waiting period to re-apply for an E-2 visa depends on how fast the applicant manages to address the issues that originally led to a denial.
For instance, if an E-2 application was denied on August 1 because the amount invested was not considered “substantial,” the applicant could immediately invest additional money in the company, being able to address the issue and submit a new application within a week.
Therefore, the longer an applicant takes to address the issues that led to the application’s rejection, the longer the waiting period for a new application will be.
Attending a New E-2 Visa Interview
The process of obtaining an E-2 visa involves an interview held at the local US Consulate. Typically, some US Consulates tend to designate a different officer for a re-application than the officer who originally denied the petition (although it is not a rule).
It is worth noting that consular officers share notes in their in-office system. Hence, the new officer conducting a re-application interview has access to the notes written by the officer that held the first interview with that same applicant.
An essential strategy to guarantee a good interview process in the re-application is writing down the questions asked by the officer who conducted the initial interview and registering the original responses.
Then, with all these crucial notes in hand, the key is to consult with an expert legal advisor to focus on those areas that contributed to the denial and improve them for the second interview.
Applicants attending a re-application interview must be ready to explain how they addressed the issues that led to the initial denial and guarantee they met the E-2 visa requirements.
Do You Want to Re-Apply for an E-2 Visa? – Immediately Contact an Expert Attorney at Jurado & Associates, P.A
You do not need to expose yourself to unnecessary risk. Waste no time – immediately contact a skilled immigration attorney from Jurado & Associates, P.A. by calling (305) 921-0976 or emailing [email protected] for a personal assessment.
