E-2 Visa Denial

E-2 Investor Visa is a great option for foreign investors who seek for a business atmosphere in the U.S. However, it has some complicated requirements. If you fail to meet those requirements, your visa may be denied. We will be trying to list some common reasons why your visa can be denied so you could avoid it.

Let’s start with how the E-2 Investor Visa works. It is a great opportunity for qualified investors. The application process does not take a great amount of time. Additionally, you can extend your E-2 visa indefinitely if you meet the requirements.

In addition to these advantages, of course, there are some rules you should fulfill. You need to be a citizen of a country with which the U.S. has a valid treaty of commerce and navigation. It does not mean you have to be living there, but you should prove you are a citizen of one of these countries. If you meet this requirement, you should invest a substantial amount into a U.S. business. You can either buy an existing company or start your own business. There is no minimum limit in terms of investment, but you are expected to invest a great deal. Additionally, this enterprise must not be marginal. It basically means it should be solid enough to be able to support you, your spouse and your children. Lastly, you are expected to have the purpose of developing the business you invested in. You can show this by holding at least %50 ownership in this business.

Top Reasons

1. When your investment is not substantial

There is actually no minimum limit defined by the USCIS. This makes it really difficult to decide whether your investment is substantial or not. According to the official website, there are some remarks about the investment. First, your investment is advised to be substantial compared to the value of the business (or the cost of starting). Secondly, your investment should convince officials about your commitment to the development of your business. The amount is also supposed to show that you can achieve these development plans.

If the business you invest in is a small one, then your investment is advised to be a greater percentage of its total value.

2. If the enterprise is marginal

The enterprise you invest in must also have the capacity to create enough income for you and your family. If this is not currently possible, then the USCIS will evaluate the possible future of the enterprise. Your enterprise is supposed to reach that level within 5 years after your E-2 visa has been approved.

3. When you don’t own at least 50% of the Enterprise

As we have previously stated, you are expected to show you are committed to develop your enterprise. The best way to demonstrate this, is to own at least 50% of the enterprise. If you do not meet this requirement, your petition will be possibly denied.

4. You Should Have Strong Ties to Your Home Country

The E-2 Investor Visa is not a type of visa that grants you permanent residency. You cannot just immigrate permanently to the U.S. with that Visa. To make sure you do not have this intent, the USCIS wants you to demonstrate your strong ties to your home country. You are expected to have a personal interest in your home country (work or family) or a permanent residence. This will show you don’t have an intent to immigrate to the U.S. permanently.

5. You should have an administrative position

It applies to the employees of E2 treaty investors. An employee could also apply to receive an E2, but he/she should meet some requirements. First, the employee must be from the same country as the investor and you need to be considered an “employee” according to the law of the state you will be working in. Additionally, you are expected to have a executive (or supervisory) position. Your presence in the U.S. should be necessary.

What can you do if your E-2 Visa is denied?

1. If you think the decision of denial was incorrect (and you did not go through consular processing), it may be possible to appeal the decision. You can appeal the decision to Administrative Appeals Office.
2. You can reapply after meeting the requirements by filing another I-129 petition.
3. If your E-2 visa has been denied through an administrative processing refusal under the section 221(g) (Immigration and Nationality Act), it doesn’t mean you visa has completely been denied but you need to present more evidence.
4. If you think you are not eligible for the E-2 visa you can also take a look at H-1B and EB-5 visa types.

Accordingly, if your E-2 visa extension was denied, the reason is probably one of those above.