Home - Common Reasons for E2 Visa Denials and Solutions To Navigate Denials
Find the most common reasons for E2 visa denials or refusals. We will discuss how to avoid them and how to navigate the denials or refusals.
E2 visa is one of the most sought visas with a high approval rate. However, an E2 visa denial is not 100% avoidable. Here are some of the most common reasons for E2 visa denials:
Lack of Substantial Investment
One of the main requirements for an E2 visa is that the investor must make a substantial investment in the U.S. enterprise. The U.S. government does not provide a specific dollar amount for what constitutes a substantial investment. Still, it generally requires that the investment be large enough to ensure the business’s success. If the investment is not considered substantial, the visa may be denied. Based on our experience, a $100,000 investment is sufficient enough.
Inability to Demonstrate a Real and Operating Business
The U.S. government requires that the E2 visa applicant demonstrate that the business is a real and operating enterprise. This means that the business must have employees, customers, and a physical presence. The investor must be able to show that the business is not a paper company or a front for other activities. We recommend that all of our clients set up an escrow account to secure their investment in case a visa denial happens.
Lack of Qualifying Nationality
The E2 visa is only available to citizens of certain countries that have treaties of commerce and navigation with the United States. If the applicant’s country is not on the list of eligible countries, they will not be eligible for an E2 visa.
Failure to Meet the Marginality Requirement
The E2 visa is only available for businesses that are considered marginal. This means the business must not solely provide income for the investor and their family. The business must also create jobs for U.S. workers or have the potential to do so in the future. If the business is not considered marginal, the visa may be denied.
Inconsistent or Incomplete Application
The E2 visa application process can be complex, and it requires a lot of documentation. If the application is incomplete or inconsistent, it may be denied. It is essential to ensure that all the required documentation is provided and that there are no discrepancies in the application. Engage an E2 visa consultant to help guide you and prepare the required documents.
Criminal Record or Inadmissibility
If the applicant has a criminal record or is otherwise objectionable to the United States, they may be denied an E2 visa. It is essential to disclose any criminal history or other inadmissibility issues on the application.
Submitting an Application Without an Attorney or Consultant
This type of denial often requires additional or revised documents and evidence to support the application. Seeking guidance from an E2 visa consultant can help overcome this denial. If the denial was due to missing documentation, the first step should be to scan and email the document received at the interview and the documents supplied to the U.S. Consulate or Embassy for review.
The Investment is Easily Retrievable
To ensure your commitment to the venture, USCIS may scrutinize your investment to determine if you are likely to withdraw your funds quickly. You will need to provide evidence of your financial investment in the enterprise, including leases and resources purchased to date.
Insufficient Personal Risk Demonstrated
While obtaining funds from a legitimate third party may be acceptable, your investment should demonstrate sufficient personal financial risk. We recommend that at least 75% of the investment should come from your personal assets.
Ownership of Less Than 50% of the enterprise
To qualify for an E2 visa, your investment amount must be at least 50% of the total investment in the enterprise.
Insufficient Ties to Home Country
To qualify for the E2 visa, you must demonstrate that you have significant ties to your home country and intend to leave the U.S. upon the expiration of your visa. This is because the E2 visa is a nonimmigrant visa and not a pathway to permanent residency in the U.S. To prove your ties, you may need to provide documentation such as mortgage statements, lease agreements, vehicle registrations, and evidence of family members residing in your home country.
Here are some of the practical tips that we have been doing to avoid E2 visa denials:
Invest a Substantial Amount of Money
The U.S. government requires that the investment be substantial enough to ensure the business’s success. It is essential to invest a significant amount of money that shows a commitment to the business. We work alongside your side to ensure that you find a great profitable business according to your budget while ensuring that it is E2 visa eligible.
Have a Real and Operating Business
The E2 visa requires the business to be a real and operating enterprise. Ensure that the business has a physical presence, employees, and customers.
The business must not solely provide income for the investor and their family. The business must also create jobs for U.S. workers or have the potential to do so in the future.
Provide Accurate and Consistent Documentation
The E2 visa application process requires a lot of documentation. Ensure that all the required documentation is provided and that there are no discrepancies in the application. We are always triple-check and more to ensure that all documents are consistent.
Remember to always consult with an expert like us in order to minimize the risk of getting E2 visa denials.
Getting your E2 visa denied can be a frustrating and disappointing experience. However, there are still options available if your E2 visa application is refused or denied:
Consult with an Experienced E2 Visa Consultant
If your E2 visa is denied, it is recommended that you consult with an experienced E2 visa consultant. Before jumping into any action, you must clearly understand the reasoning behind the denial and ensure that you have the proper strategy to reapply or refile.
File a Motion to Reconsider
If your E2 visa application is denied, you may be able to file a motion to reconsider. This is a request to the U.S. government to review your case again. If you believe that the adjudicating officer made an incorrect decision and has not undergone consular processing, you may be able to appeal through the Administrative Appeals Office. However, the AAO typically upholds the original decision, so it is important to consider whether an appeal is the best course of action.
To file a motion to reconsider, you must provide new evidence or arguments not previously presented. The appeals process requires filing form I290B with the fee within 30 days of the refusal. The AAO typically provides initial findings within 45 days, with a final decision expected within six months.
Reapply for the E2 Visa
If your E2 visa is denied, you may be able to reapply and pay the required fees again. However, it is essential to address the reasons for the denial and provide additional evidence or arguments to support your case. The waiting period for re-application depends on how promptly the candidate addresses the issues that led to the denial. Reapplying for an E2 visa will require filing a new I-129 petition, and providing the requested information within 120 days can help avoid a complete refusal.
Now, let’s discuss the case-by-case solutions:
Failure to Demonstrate Substantial Investment
If your E2 visa application is denied due to a failure to demonstrate a substantial investment, here are some steps you can take:
Review the investment requirements: Ensure you understand the investment requirements for the E2 visa and that your investment meets those requirements.
Increase the investment amount: Consider increasing the investment amount to demonstrate a more substantial commitment to the business.
Provide additional evidence: Provide additional evidence of the investment, such as bank statements or loan agreements, to support your application.
Failure to Demonstrate the Business is Real and Operating
If your E2 visa application is denied due to a failure to demonstrate that the business is real and operating, here are some steps you can take:
Provide additional evidence: Provide additional evidence to demonstrate that the business is real and operating, such as photographs of the business location or customer invoices.
Hire employees: If you have not already done so, consider hiring employees to demonstrate that the business is actively operating.
Obtain necessary licenses and permits: Ensure the business has all necessary licenses and permits to operate.
Failure to Demonstrate Marginality
If your E2 visa application is denied due to a failure to demonstrate marginality, here are some steps you can take:
Provide a detailed business plan: A detailed business plan outlines the potential for growth and job creation in the future.
Show evidence of job creation: Provide evidence of job creation, such as payroll records or employment contracts.
Consider restructuring the business: If the business is primarily for the investor’s benefit, consider restructuring the business to create more jobs for U.S. workers.
Incomplete or Inaccurate Documentation
If your E2 visa application is denied due to incomplete or inaccurate documentation, here are some steps you can take:
Review the application requirements: Review the requirements and ensure you have provided all necessary documentation.
Double-check all documentation: Double-check all documentation to ensure accuracy and consistency.
Seek professional assistance: Consider seeking the assistance of an experienced E2 visa consultant to review your application and ensure that all necessary documentation is provided.
One way to avoid E2 visa denial or refusal is by hiring an E2 visa consultant. Here are some of the reasoning why hiring one is essential for your visa approvals:
Expertise and Experience
E2 visa consultants have expertise and experience. They understand the legal requirements and can help you prepare and submit an accurate application. They can also advise you on the most appropriate business structure and investment strategy to meet the visa requirements.
Finding You The Best Business
E2 visa consultants such as us help you prepare for an E2 visa but also help you narrow down and help you find the best franchise/business for your E2 visa. The business is ensured to be E2 visa eligible, which meets with E2 visa requirements, and is a profitable business according to your experience and goals.
Avoiding Common Mistakes
E2 visa consultants can help you avoid common mistakes leading to E2 visa denial or refusal. They can also advise you on addressing any potential red flags that may arise during the application process.
Preparing for the Interview
E2 visa consultants can help you prepare for the E2 visa interview. They can guide what to expect during the interview and help you prepare answers to potential questions. They can also advise you on presenting yourself and your business in the best possible light.
Peace of Mind
Hiring an E2 visa consultant can give you peace of mind throughout the process. You can be confident that you have done everything possible to avoid E2 visa denial or refusal.
Consult today to learn more about E2 visa.
Based on our experience a $100,000 is the best investment to get your E2 Visa. However, we also have other clients who get their E2 with below $100,000 investment. Contact us to get your business assessed.
You can renew your E2 Visa for as much times as you want as long as you are having a growing business.
Yes. In fact, business plan is one of the key element that will make or break your visa application.
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