One possible change under the Trump Administration could be a decrease in E-2 visa approval rates. Historically, E-2 visa approvals hovered around 80-81% from 2016 to 2020, even when including applicants who applied without legal assistance or through more challenging consulates.
What Could Change?
While approval rates did not significantly decline during the previous Trump Administration, they also did not see major improvements. Under the subsequent administration, E-2 visa approvals increased, reaching approximately 90-91%.
Given the return of the Trump Administration, it is possible that approval rates could drop again, potentially returning to the 80-81% range. This may result from:
- Stricter adjudication policies applied by consular officers and USCIS.
- More scrutiny of investment sources, business viability, and job creation requirements.
- Increased denials for cases with weaker documentation or questionable eligibility.
What This Means for E-2 Visa Applicants
A lower E-2 visa approval rate means applicants may face:
- More Requests for Evidence (RFEs) or denials from USCIS and U.S. consulates.
- Tighter scrutiny at certain consulates, making approvals more challenging in specific regions.
- Longer processing times due to increased review of business plans, investment documentation, and source of funds.
How to Strengthen an E-2 Visa Application
To increase the likelihood of approval, applicants should:
- Prepare a comprehensive and well-documented application with clear evidence of a legitimate investment and active business operations. You may also have to invest more and/or show more in terms of employment in the U.S.
- Work with an experienced immigration attorney to navigate evolving policies.
- Ensure their business meets job creation expectations and demonstrates a strong financial foundation.
Consult an Immigration Attorney
If E-2 visa approval rates decrease, having strong legal representation will be even more critical. Scott Legal, P.C. specializes in E-2 visa applications and can help you submit a strong, well-prepared petition. Schedule a consultation today to discuss your case and maximize your chances of success.
