The E-2 Investor Visa is a popular choice for foreign investors looking to start a business in the U.S. However, it comes with specific requirements, and failing to meet them could result in denial. Below, we discuss some common reasons for E-2 Visa denials and how to avoid them.
How the E-2 Investor Visa Works
The E-2 Visa is a great opportunity for eligible investors. The application process is relatively quick, and as long as you continue to meet the requirements, you can renew your visa indefinitely. To qualify, you must be a citizen of a country with a valid Treaty of Commerce and Navigation with the U.S. Additionally, you must invest a substantial amount in a U.S. business, either by purchasing an existing company or starting a new one. The business must not be marginal—it should be capable of supporting you and your family. Lastly, you should hold at least 50% ownership of the business to demonstrate your commitment to its development.
Top Reasons for E-2 Visa Denial
1. Investment is Not Substantial
While there is no defined minimum investment amount, your investment must be considered substantial relative to the business’s value or start-up costs. The investment should reflect your commitment to the enterprise’s growth. If you are investing in a smaller business, a higher percentage of the total value may be required to show the significance of your investment.
2. Enterprise is Marginal
The business must generate enough income to support you and your family. If the business cannot achieve this immediately, you will need to provide a plan that demonstrates the business will reach this level within five years of your visa approval.
3. Insufficient Ownership (Less than 50%)
To demonstrate your commitment to developing the business, you need to own at least 50% of the enterprise. Failing to meet this requirement could result in your E-2 Visa petition being denied.
4. Lack of Strong Ties to Your Home Country
The E-2 Visa is a temporary visa and does not grant permanent residency. To prevent suspicion of intent to immigrate, you must demonstrate strong ties to your home country, such as family, employment, or a permanent residence. This shows you do not intend to remain in the U.S. permanently.
5. You Don’t Hold an Executive or Supervisory Position (For Employees)
If you are applying as an employee of an E-2 investor, you must meet specific criteria. You need to be from the same treaty country as the investor, and your role must be executive, supervisory, or essential to the U.S. business operations.
What to Do If Your E-2 Visa Is Denied
If your E-2 Visa is denied, there are several possible steps you can take:
•Appeal the Decision: If the denial was incorrect and you did not go through consular processing, you may be able to appeal the decision through the Administrative Appeals Office.
•Reapply: Once you have addressed the reasons for the denial, you can reapply by submitting a new I-129 petition.
•Provide Additional Evidence: If your visa was denied due to administrative processing refusal under section 221(g) of the Immigration and Nationality Act, you may be able to present more evidence to resolve the issue.
•Consider Alternative Visas: If the E-2 Visa is not an option, you could explore other visas like the H-1B or EB-5 Investor Green Card.
If your E-2 Visa extension was denied, the reasons likely align with those outlined above.
Need Assistance?
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