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Top 7 E2 Visa Rejection Reasons You Must Know

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E2 Visa Rejection Reasons

E2 visa is a non-immigrant visa available to entrepreneurs from treaty countries investing substantial capital in a U.S. business.  The E-2 visa holds no specific investment amount. Therefore, the amount can vary. Generally, investing an amount of  $100,000 works. The visa also does not require you to create a specific number of jobs. This visa can be renewed for an indefinite period. However, not every. a person who applies for an E2 visa receives the visa approval. There are several reasons why an E2 visa can be rejected. In this blog, we have provided some of the most common E2 visa rejection reasons. Keep reading to learn more about these reasons.

Top E2 Visa Rejection Reasons

It is necessary to know about the common visa rejection reasons to avoid the same mistakes and the major reasons for the E2 Visa rejection are given below-

A Marginal Business 

E2 Visa Rejection Reasons

One of the E2 visa rejection reasons is that your business is considered marginal. As per the US government’s foreign affairs manual, a marginal company that does not show current or future potential to create income to provide more than a minimal living for the treaty investor or his/her family can be rejected. The future potential should be realisable within 5 years. Generally, this means the US government wants your business to benefit the American people. Therefore, this visa is not ideal for individuals with businesses that do not create jobs. Businesses with low levels of investment are also likely to get their visa rejected because the person who views your application may not be confident enough that you can create jobs.

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Investment but no Commitment 

Another major E2 visa rejection reasons is the lack of commitment of funds. An E-2 visa application requires you to transfer money into the corporate bank account. Later on, you can spend your entire money on business activities to make the business operational. Hence, it is best to apply for this visa when your business is in operation. This step can be scary for applicants, as there is no guarantee that the E2 application will be approved. Therefore, they many not invest the funds. Consequently, the visa application is rejected on the grounds of no commitment to business.

Lack of Business Experience 

E2 Visa Rejection Reasons

Another E2 visa rejection reasons is the lack of business experience. The consular officer who would be reviewing the application would deny the visa based on his/her perspective. This is a subjective decision as to whether you can grow a successful business. As per the Foreign Affairs Manual, you must be in a position to develop and direct a business. Therefore, applicants who do not have experience in running a business can get their application rejected. Similarly, those who do not have a background that is related to the E2 company’s services or products can face visa rejection. To avoid getting an E2 visa denied you can either start a business related to your background or invest in a Franchise business.

US Visa Application Process : Types of Visas in the USA

Nationality of the Applicant 

The Nationality of the applicant is one of the E2 visa rejection reasons. One of the most important requirements for applying for an E2 visa is that you must be a national of a country eligible for participation in a non-immigrant visa. These countries are also known as E-visa Treaty countries. Moreover, you must also ensure that you own 50% of the company. Any employee of the business wanting to apply under this category must belong to the same nationality. 

US E2 Visa Treaty Countries 

Some US E2 visa treaty countries are provided below Note: India is not an E2 visa treaty country.

AlbaniaArgentinaPhilippinesArmeniaAustralia
AustriaAzerbaijanPolandBahrainBangladesh
BelgiumBoliviaSenegalBosnia and Herzegovina Cameroon
CanadaChileSingaporeChina (Taiwan) Colombia
Congo (Brazzaville)Denmark SpainEgyptEstonia
GermanyGrenadaSri LankaIrelandIsrael
Korea (South)Kosovo SwedenNetherlandsMexico
TogoUnited Kingdom UkraineTunisiaYugoslavia 

Inability to Provide the Source of Funding 

E2 Visa Rejection Reasons

The E2 visa rejection reasons include the inability to provide the source of funding or capital. The acceptable capital would be personal savings, inheritance, investment earnings, and monetary gifts. However, the acceptable amount of financing received via loans depends on the discretion of the consular officer. Therefore, adequate documentation regarding the same must be presented to the officer.

Not a Genuine Temporary Entrant 

Another common E2 visa rejection reasons is not being a genuine temporary entrant. During the application process, you must demonstrate ‘strong ties to your home country’. That is, you must show that you would leave the US after the visa expiry. If you have the intention to remain in the US on a non-immigrant visa your visa application would be rejected. Furthermore, attempting to change your non-immigrant status to an immigrant visa while in the US can create problems for you.

Fraud or Misrepresentation 

E2 Visa Rejection Reasons

An E2 visa can also be rejected due to fraud or misrepresentation. If at any stage of your application process, it is been found that you have provided incorrect information or documents your visa can be rejected. Fraudulent activities can result in a visa ban from the US for a specific period. Therefore, it is best to ensure that you are submitting correct documents, and accurate information while filling out the application form.

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What Happens if an E2 visa is rejected?

No appeal can be made against an E2 visa denial. However, you can re-apply. Whether you should reapply or not generally depends on the e 2 visa rejection reasons. For example, if your E2 visa is rejected because of insufficient financial investment in business then reapplication is advisable. When you apply for the second time, make sure you have invested more money. However, on the other hand, if an E2 visa is rejected due to a criminal conviction then there isn’t much you can do. Therefore, understand the reasons for the visa rejection and reapply if you want to. The denial reasons can vary from application to application.

Watch the video below to learn more about E2 visa application process

Credit: @ScottLegalPC

FAQs

Why was my E-2 visa denied?

An E-2 visa can be rejected for several reasons. For example, due to business Investment but no Commitment, lack of business experience, and having a Marginal Business. The visa can also be denied due to your background, previous criminal record, precedent travels to certain countries, previous US work experience, etc.

What are the main reasons for visa rejection?

The common reasons for a US visa rejection are submitting incomplete or inaccurate information, violation of visa rules, intention to travel, and lack of finances.

What is the approval rate for E2?

The approval rate for an E2 visa is 90%. It means only 10% of the applicants are rejected. The data provided is as per the year 2021.

Hope this blog provides you with all the important details. For more information about visa abroad follow Leverage Edu’s page.

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