US Immigration Lawyers Explain Reasons for Refusal of US E2 Visa Applications
The E2 Visa has a good success rate but with a surge in interest in the Investor Visa our US Immigration Lawyers examine what you need to do to ensure a successful application.
It's never been a more important time to get your US visa application right. Many visa applicants fear there will be a US-wide clampdown on immigration applications with the second Trump presidency. This means you can't afford to risk making a mistake on your E2 Visa application.
Contact our E2 Visa Lawyers in London
For E2 Visa advice email us for a phone, Zoom, Skype, Microsoft Teams or Cisco WebEx consultation or call us for an appointment at our offices in London.
For expert help contact our US Immigration Lawyers in London.
Qualifying for the E2 Visa
The US Investor Visa is attractive to entrepreneurs and investors from across the globe. Applicants range from highly successful entrepreneurs to those looking to set up their first start-up in the US.
To qualify for the non-immigrant visa, applicants must be nationals of treaty countries and invest substantial capital in a US business. Visa approval allows investors to live in the US and operate their business from the States. However, visa approval is contingent on showing the strict eligibility criteria are met.
As E2 Visa applicants are bright, business-like and highly motivated you might assume that all E2 Visa applications are of high quality. Sadly that isn’t always the case.
Getting your E2 Visa application right is critical as a below-par application will lead to delays and, worst case scenario, refusal. There is no right of appeal against an E2 Visa refusal. Worryingly with the potential for changes in immigration rules with a new presidency, there are no guarantees that the eligibility criteria won't become tougher under the Trump administration.
If you plan to apply for an E2 Visa in 2025 we recommend that your first investment is in ensuring you take specialist visa advice from US immigration lawyers for businesses.
Reasons why E2 Visa applications are refused
The best US immigration lawyer UK can identify the three common reasons for E2 Visa refusals:
- Decision to not take US immigration legal advice from an E2 Visa Lawyer
- Using their business lawyer for immigration advice rather than an experienced US Immigration Attorney
- Lack of attention to detail in the application
If you are planning to set up your first business in the US funds may be tight. You probably think you know your business inside out and are more than capable of scouring the internet and completing an online application to save money that would be better invested in your new business. That’s understandable but unfortunately, it can lead to E2 Visa refusal because the immigration rules are frustratingly complicated and open to interpretation. A specialist who spends their working life securing E2 Visas has a better chance of securing a visa.
If you are an established investor or entrepreneur, you may have your own business lawyer or have been given a contact in the US to handle your business affairs. They may be specialist business attorneys but not all business lawyers are Immigration Solicitors and vice versa. There is no duplication or delay in using your established business lawyer to handle the business law aspects of setting up your US business and instructing a US Immigration Lawyer to secure your visa.
Attention to detail with E2 Visa applications
Attention to detail covers a wide range of common E2 Visa mistakes, such as:
- Not providing the right information or documents for your business
- Not investing a large enough amount or not following the investment rules, such as proving the source of funds
- Assuming immigration officials are mind readers and can work out what you mean in your business plan or can make assumptions about projections based on the paperwork supplied
- Not making your case for an E2 Visa. For example, not making it clear that your planned business venture isn’t a passive investment or that you will be playing an active part in managing the company
Investment based refusals
It's frustrating when visa applicants don’t get their visa because they have not given enough information about their planned investment to USCIS.
The investment must be substantial. Our US Visa Solicitors in the UK can advise on what that amounts to in your situation and with your business plans as we know what an immigration officer wants and is expecting to see.
The investment must correspond with the nature of the business involved and be sufficient to ensure it is not undercapitalised. Whilst there is no specific minimum investment amount, US immigration law firms normally recommend a minimum average investment of $75,000 to $100,000 for most E2 Visa applications. This isn’t a set rule because so much depends on the business.
When start-ups or new ventures are modest in nature, visa applicants need to be aware of the need to show that the investment into the US business won't just create marginal turnover and will be able to grow and create US jobs.
A larger percentage of capital investment is normally needed for a small business start-up whilst a larger venture with a large capital outlay is likely to require a substantial investment from the applicant as well as outside-sourced funding to make a success of the venture.
Finally, it's understandable to not want to commit to an investment until your E2 Visa application is approved. However, to secure your Investor Visa you need to show that:
- You are committed to the business and your funds
- The business is close to being operational and you have firm funds and how they are budgeted to make a success of the venture
Our London-based US Immigration Lawyers will guide you on the timing of your investment so you don’t risk making a committed investment before securing your E2 Visa.
Securing an E2 Visa
Don’t assume that because you are an experienced business person getting an E2 Visa will be straightforward. The application process can be complex and frustrating as you may feel that you have given more than sufficient information and paperwork for US immigration officials to decide on your application.
Our US Visa Lawyers in London can take the frustration and stress out of the E2 Visa application process by helping you ensure that you meet all the eligibility criteria.
Our services include:
- Pre-application advice on E2 Visa requirements
- Comprehensive instructions tailored to your business size and sector
- Working with your business lawyers, accountants, financial advisors or business plan writer
- Keeping you informed at every stage of the application process
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Contact our Immigration Law Firm for US Visas
To speak to an E2 Visa Lawyer UK email us for a phone, Zoom, Skype, Microsoft Teams or Cisco WebEx consultation or call us for an appointment at our offices in London.
For expert help contact our US Immigration Lawyers in London.
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