The E-2 visa, which allows foreign investors to live and work in the United States while managing a business, has remained a popular option for entrepreneurs. A common question is whether the Trump administration, known for its immigration policy changes, significantly impacted E-2 visas. Looking back at the 2016–2020 period provides a perspective.
Approval Rates for E-2 Visas
During the Trump administration, E-2 visa approval rates remained relatively stable. According to U.S. government data:
- Approval rates consistently exceeded 80%, indicating minimal impact on the likelihood of approval for most applicants. There rates are consistent with past approval rates but current rates are closer to 90%.
- Unlike other visa categories that faced increased scrutiny or declining approval rates, E-2 visas retained a high success rate.
Policy Changes Affecting E-2 Visas
Although approval rates stayed high, certain policies introduced during this period had subtle effects on E-2 visa applications:
- Focus on U.S.-Based Investments
- Policies encouraged scrutiny on investments made directly within the United States, emphasizing the creation of jobs and contributions to the U.S. economy.
- Applicants with substantial and clearly documented investments in the U.S. were more likely to meet approval criteria.
- Adjustments to the Foreign Affairs Manual
- Minor revisions to the manual governing consular processing for E-2 visas emphasized adherence to regulatory standards.
- These changes highlighted the importance of demonstrating that investments were not marginal and that the business would generate sufficient income to support the investor and create jobs.
- There were other changes but these are a sample.
Key Takeaways for E-2 Visa Applicants
- Approval Stability: While some immigration categories faced significant challenges, E-2 visas maintained strong approval rates during the Trump administration.
- Clear Documentation: Applicants should focus on presenting a well-documented case that highlights the economic benefits of their investment.
- Business Viability: Demonstrating job creation and the ability of the business to sustain itself is critical.
The Trump administration had minimal impact on E-2 visa approval rates, but applicants benefited from carefully documenting investments and ensuring compliance with regulatory standards. The E-2 visa remains a reliable pathway for investors seeking to establish a business and live in the United States.
At Scott Legal, P.C., we specialize in helping entrepreneurs navigate the E-2 visa process. Contact us today to schedule a consultation or explore our free resources to ensure a successful application.
