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My E-2 visa application was denied. When can I re-apply?

By September 14, 2020May 14th, 2021E-2 Visa, Immigration, Investor Visas

An E-2 visa is a great option if you want to start a business in the U.S., you have invested a substantial amount of money in the U.S. or you are in the processing of investing the money, and you plan to hire U.S. workers. Please see the E-2 requirements when you click here.

Your E-2 application was denied under section 214(b)

If your E-2 application was denied under section 214(b) and you want to re-apply for the E-2 visa, you will have to submit a new application to the Consulate and pay the visa fee again.

When the Consulates deny E-2 visa applications under section 214(b), they usually provide an explanation as to why the application was denied. Some common reasons for denial are for example:

  • The business is marginal (the business does not have the present or future capacity to generate enough income to provide more than a minimal living for the treaty investor and his or her family). For example, you submitted a business plan showing that the business will only employ you, your spouse, and one other employee at year 5 of operations.
  • Your investment is low (is not substantial)

 Please click here to read about some common reasons for E-2 denial.

It is extremely important that you address any concerns the Consulate officer had and explain how you addressed the reasons for the denial in your E-2 re-application.

For example, if your visa application was denied because of low investment amount, you should invest more money in the business and only re-apply after additional money has been invested. If your original E-2 petition was denied because the business was marginal, then you should only re-apply once you can demonstrate that you can hire more U.S. employees and the business will generate substantial revenue to pay the U.S. employees.

Please note that there is no rule of thumb as to how long you have to wait to re-submit the E-2 petition and it will depend on how fast you can address the concerns the Consulate had.

For example, if your E-2 petition was denied on July 1 because your investment was low but you are able to invest additional money to the business to prove that your investment is substantial in a week, then you could re-apply after the money has been invested.

On the other hand, if your E-2 petition was denied on July 1 because your investment was low but it will take you couple of weeks to get additional funds that could be invested, then you should only re-apply once the additional money has been invested.

How will the E-2 re-application interview look?

Many Consulates try to schedule a different Consular officer for your re-application than the one who denied your petition (but that’s not always the case).  That being said, the Consular officers share notes in the Consular system so the officer you will get at your second visa interview will still see all the notes that were written down during your initial interview.

Therefore, if your E-2 application is denied, it is very important to write down the questions the officer asked you during your initial interview and your responses, as those will be most likely the areas that the officer will heavily focus during your second interview. During the interview, you should be ready to explain how you addressed the concerns the Consular officer had at your initial interview and also explain how you meet all the E-2 visa requirements.

Please click here to find out what is the difference between 214(b) denial and 221(g) denial.

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