9 Tips to Increase Chances of E2 Visa Approval or Avoiding E2 visa application vulnerabilities:

• The E2 visa application and the supporting documents should be accurate, clear, and easy to follow.
  • The applications should not have inaccuracies, discrepancies, or any manipulation of the facts to fit the E-2 visa applicant into the criteria. This will alert USCIS or the consular officers to look closer at the application.

• Avoid overly complicated company structures.
  • Your E2 visa application should clearly define your entity’s ownership, control, and structure.
  • Consul officers have a sophisticated understanding of complex business structures. However, they have a limited amount of time to analyze each individual E-2 visa application, and they will securitize and look closer at applications that get creative with business laws.

• Financial arrangements should be clear.
  • The E2 visa applicant should clearly demonstrate that they are the investor and are the person at risk.
  • The funds should be committed to the enterprise, and the investment should be clearly linked to the investor.
  • Escrow arrangements should be straightforward and transparent. Escrow funds are considered “at risk” when they are moved out of escrow once the visa has been approved.  The application must clearly state this contingency, and the contingencies should be clear and simple.  For example, the money in escrow is clearly shown to be used for purchasing of real estate.

• It should be clear where the E2 investment money came from and that it’s legal.
  • The E-2 visa investor should clearly demonstrate that the money for investment is clearly their own. The investors should be able to show a trail of ownership and where the E-2 investment money came from.
  • Please note that money obtained through gift or inheritance is allowed.

• The E2 visa Investment should be substantial.
  • There is no minimum amount requirement for the E-2 visa investment purposes. Instead, the consuls will look at the percentage of the investment amount.  For example, a $50,000 investment for a business valued at $150,000 would be considered substantial.  The same $50,000 for a business valued at $500,000 might not be enough to convince consul of substantial investment.
  • If it is questionable whether an E-2 investment amount is substantial, we suggest providing proof of comparable investments in similar businesses as well as providing expert opinion letters to support the argument that the investment is substantial.

• The E2 business needs to create jobs and grow capital investment in the U.S.
  • The E-2 visa category is meant to establish job growth in the U.S. An E-2 application that seeks to bring in only foreign national(s) to operate the business and doesn’t create job opportunities for U.S. workers will likely be denied.
  • Also, smaller investors may have a harder time proving the long-term viability of their business venture. Therefore, smaller investors will need to show a clear and viable growth potential by establishing that the business will increase capital investment and grow jobs in the U.S.

• Virtual and home offices are allowed.
  • While having a virtual or home office does not automatically invalidate the application, it may have a harder time proving that the business is likely to hire U.S. citizens for work. Therefore, an E2 application with a virtual office will need to carefully highlight how the business is going to hire U.S. workers and where they will work.

• A professional and solid E2 business plan is essential to your E-2 application success.
  • While a business plan is not required, a professional and solid E2 business plan is essential and should clearly highlight how the E-2 visa applicant qualifies for the E-2 visa as well as how the business is going to provide for jobs and economic growth.

• E2 visa renewal should demonstrate the applicant is meeting the objectives of the original business plan.
  • Renewing the E2 visa requires the applicant to show that their new application is similar to their initial one and demonstrate that they are meeting the objectives of their original business plan. They will need to show that any growth and income were the result of their original stated business labors.  Revenue streams from different business labors other than stated on the original application will be a cause for closer scrutiny of the application.

In summary:

Successful E-2 visa applications will need to demonstrate economic growth for the U.S. and its citizens. Most importantly, applicants will need to provide an accurately completed application, supported by thorough documentation and a credible business plan.

Do you need assistance filing for an E-2 visa successfully? Our E-2 immigration lawyer can help you file an E-2 visa with USCIS and U.S. Department of State. With years of experience helping E-2 investors get their start in the U.S., our lawyer is uniquely equipped with the knowledge to help you with your specific E-2 visa application needs.

By filling out consultation form, you can schedule a one-on-one phone or video consultation with our E-2 visa immigration attorney and get started on the road to success.

During your consultation, our attorney Victoria Kuzmina will explain the E-2 visa requirements, the list of necessary documents, the realistic timelines and applicable fees. Attorney Victoria Kuzmina will also discuss which course of action will suit your case best as well as the factors that make up a strong business plan in support of a successful E-2 visa application.