As immigration policies evolve, one potential change under the Trump Administration could affect E-2 visa renewals—the possible elimination of the deference policy. This change could make the renewal process more challenging for E-2 visa holders filing through U.S. Citizenship and Immigration Services (USCIS).
What Is the Deference Policy?
The deference policy is based on an internal USCIS memo that provides guidance for E-2 visa renewals. Under this policy, if an applicant’s circumstances remain unchanged from their initial approval, adjudicators are generally expected to defer to the prior approval when reviewing the renewal petition. This means that, unless there has been a substantial change, the renewal should be approved without requiring a full re-evaluation of the original petition.
What Could Change?
The Trump Administration may rescind the deference policy, leading to stricter scrutiny for E-2 visa renewals. If this happens, renewal applicants could face increased challenges, such as:
- Re-evaluation of the source of investment funds – USCIS may require renewed evidence of the lawful source of the original investment.
- Reassessment of the investment amount – Adjudicators might review whether the business remains sufficiently funded.
- More intensive review of business operations – USCIS could demand additional proof of job creation and business activity, even if the company was previously approved.
How Would This Impact E-2 Visa Holders?
If the deference policy is eliminated, E-2 visa renewals filed with USCIS may become more complex. Even applicants whose businesses have remained unchanged and compliant may face longer processing times, additional documentation requests, and a higher risk of denial.
Preparing for Potential Changes
Given the uncertainty surrounding this policy, E-2 visa holders should:
- Maintain strong business documentation to demonstrate ongoing compliance. In particular, a showing of a high employee number is important. Also, you should keep prior documentation related to source of funds.
- Prepare for additional scrutiny when filing renewals.
- Consider applying for renewals at a U.S. consulate instead of through USCIS, as consular officers follow a different review process. There are benefits to a Consulate. For example, you can travel.
Consult an Immigration Attorney
If you are applying for an E-2 visa or considering a renewal, understanding possible changes in job creation requirements is critical. Scott Legal, P.C. can help ensure your application is well-prepared to meet any new standards. Contact us today for expert guidance on E-2 visa compliance and business planning.
