Why are E-2 visas denied? What should be done in this case?
An E-2 visa is a great way to live and work in the US if you want to start or buy a business. There are various E-2 visa requirements and an examiner will evaluate each of the requirements to determine the applicant's eligibility.
This article summarizes those reasons and the reasons why an E-2 visa can be denied taking into account that these are not presented in a specific order.
Common Reasons for Denying an E-2 Visa
Low amount of investment.
To qualify for an E-2 visa, the applicant must invest a substantial amount in the U.S. The actual amount depends on the type of business and other factors (click here for more information on the E visa investment amount). -2) But, in general, any investment amount less than $100,000 may raise questions for an adjudicator. Even higher amounts can raise questions depending on the business.
The nature of the business.
Consulting and other service-oriented businesses can be very viable E-2 visa cases, but they are riskier cases than a business purchase where the business has profits and employees. Franchises also often make strong E-2 visa cases. Real estate and commercial based businesses are also often subject to increased scrutiny, but are passable if the passive nature can be addressed and the company will support employees. The more speculative the business, the more E-2 visa scrutiny you will face.
The place of presentation.
Some consulates are more difficult to approve. In some cases, the Consulate may not be familiar with E-2 visas. In other cases, the Consulate may be used to seeing a certain type of case or dollar amount and will approve those cases more easily. Officers are rotated every few years so policies can change as well. A “good” E-2 filing location today could turn into a difficult posting overnight. Also, USCIS (filing a change of status application) can have very different areas of focus than a Consulate.
The adjudicator does not believe that the E-2 business creates jobs for US workers. This is a very difficult ground for denial to overcome. The main reason the E-2 visa exists is to create jobs in the US, so the adjudicator considers the viability of the business and the ability of the business to hire US workers as As such, when the initial application is made, the applicant must have a solid business plan as well as other documents to demonstrate that the business will be viable and hire workers from the United States. Applicants who want to start the same business they have in their home country will face challenges if the existing business is not profitable or has no employees.
The applicant does not meet the requirements.
You may believe that you are qualified to make the request alone, however, professional advice is always recommended to prevent this type of case from happening. When making an application for an investor visa you are sending a direct message to the state, demonstrating your interest in generating income within a country that is not yours, for which this state (USCIS) is obliged to analyze in detail your data and in turn is free to deliberate whether their investment idea is feasible for them or not.
Therefore, deciding to apply for an E-2 visa is the first step of many and being well advised will be the key to getting this visa approved.