If you’ve been issued an E-2 investor visa, you may assume that this guarantees entry into the United States. However, that is not the case. A visa grants you permission to travel to a U.S. port of entry, but it does not guarantee admission.
The Role of U.S. Customs and Border Protection (CBP)
When you arrive at a U.S. port of entry, U.S. Customs and Border Protection (CBP) officers are responsible for determining whether you may enter the country. This applies even if you hold a valid, unexpired E-2 visa. CBP has the authority to deny entry for a range of reasons, including concerns related to immigration compliance, criminal history, or security issues.
Is Denial of Entry Common?
While technically possible, being denied entry at the border with an E-2 visa is rare, particularly if you continue to meet the conditions of your visa. In most cases, E-2 visa holders are admitted without issue, especially if they are actively operating their E-2 business and have not violated any immigration or criminal laws.
Best Practices for E-2 Visa Entry
To reduce the risk of issues at the border, it is wise to be prepared. Carry documentation that confirms the ongoing operation of your E-2 business, such as recent financial statements or a business license. You should also be prepared to answer basic questions about your business and your role in it. By staying in compliance and being prepared, you are far less likely to encounter problems when re-entering the United States.
Entry Is a Privilege, Not a Right
It’s important to understand that entry into the U.S. is considered a privilege, not an automatic right, even with a valid visa. As long as you maintain the integrity of your E-2 business and adhere to U.S. laws, your entries should be smooth. If you have concerns about your eligibility for entry, schedule a consultation with us to review your case.
