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What Happens If Your Change of Status for an E-2 Visa Is Denied?

By January 27, 2025January 28th, 2025E-2 Visa
A woman reading a denial notice

If your change of status application for an E-2 visa is denied, you may wonder whether there’s a way to appeal the decision. While the U.S. immigration system does not offer a formal appeal process for such denials, there are other options to consider. This article explores what you can do if your change of status application is denied and the best path forward.

Is There an Appeal Process for E-2 Change of Status Denials?

The short answer is no—there is no formal appeal process for a denied E-2 visa change of status application. However, there is an alternative option called a motion to reopen.

What Is a Motion to Reopen?

A motion to reopen asks U.S. Citizenship and Immigration Services (USCIS) to reconsider its decision. To be successful, you must demonstrate one of the following:

  1. New Evidence: Evidence that was not available at the time of filing but is now available and supports your case.
  2. Clear Error: A significant error made by USCIS during the adjudication process.

While motions to reopen are technically available, they are extremely difficult to win. This option is rarely successful unless there is a clear and compelling reason that aligns with the above criteria.

What Happens After a Denial?

In most cases, applicants do not pursue a motion to reopen due to its low success rate. Instead, they opt for one of the following alternatives:

  1. Reapply for the Change of Status
    • Address the reasons for the denial in your new application.
    • Strengthen your case by providing additional evidence or correcting any errors from the original submission.
  2. Apply for an E-2 Visa at a U.S. Consulate
    • This is a common alternative, as consular processing is often more streamlined and may offer another chance for approval.
    • Ensure that you have addressed any issues that led to the denial before applying.

Key Considerations for Denied E-2 Change of Status Applications

  • Understand the Reason for Denial: Carefully review the denial notice to identify the specific issues or shortcomings in your application.
  • Consult an Immigration Attorney: An experienced attorney can help evaluate your options and guide you toward the best course of action.
  • Prepare a Stronger Case: Whether reapplying or applying through a consulate, bolster your application with clear, compelling evidence that meets all E-2 visa requirements.

Conclusion

While there is no formal appeal process for a denied E-2 visa change of status application, you have options, such as reapplying or applying at a consulate. It’s crucial to address the reasons for denial and strengthen your application to improve your chances of success.

At Scott Legal, P.C., we specialize in E-2 visa applications and can assist you in navigating the complexities of a denial. Contact us today to schedule a consultation or explore our free resources for more guidance.

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