The top reasons for E-2 visa denials include:

Insufficient investment capital: The E-2 visa requires the applicant to show that they have made a substantial investment in a US business. If the investment is not considered substantial enough, the application may be denied.

Lack of control over the business: The applicant must demonstrate that they have control over the business for which the E-2 visa is being sought. If the USCIS determines that the applicant does not have sufficient control, the application may be denied.

Ineligible business activity: The E-2 visa is only available for certain types of businesses, such as active and operating enterprises that produce income. If the USCIS determines that the business does not meet these requirements, the application may be denied.

Inconsistent documentation: The applicant must provide complete and consistent documentation to support their E-2 visa application. If the USCIS determines that the documentation is inconsistent or insufficient, the application may be denied.

Ineligible nationality: The E-2 visa is only available to citizens of countries that have a treaty of commerce and navigation with the United States. If the applicant is a citizen of a country that does not have such a treaty, the application may be denied.

Unlawful presence in the United States: If the applicant has previously been in the United States without proper authorization, they may be barred from reentering the country and their E-2 visa application may be denied.

Failure to demonstrate intent to depart: The E-2 visa is a nonimmigrant visa, and the applicant must demonstrate that they have no intention of immigrating to the United States permanently. If the USCIS determines that the applicant has the intention to immigrate permanently, the application may be denied.

It’s important to keep in mind that these are general reasons for E-2 visa denials, and that each case is unique. If you’re concerned about the outcome of your E-2 visa application, or have any questions about the E-2 visa application process, our experienced immigration law firm can help. With a deep understanding of the E-2 visa requirements and years of experience helping clients navigate the complex immigration process, we can provide you with the guidance and support you need to achieve your immigration goals. 

Don’t let a denial keep you from pursuing your dreams in the United States. Contact us today to schedule a consultation and learn more about how we can help. Our team of dedicated immigration attorneys is here to provide you with the support and representation you need, every step of the way.