What are My Chances of Getting an E-2 Visa? What is the E-2 Visa Approval Rate? What are my chances of E-2 Visa approval?

What are My Chances of Getting an E-2 Visa? What is the E-2 Visa Approval Rate? What are my chances of E-2 Visa approval?

An E-2 investor visa is an excellent option for certain foreign nationals who seek to start and develop a business in the United States. This classification permits investors and their immediate family to live in the United States, the investor’s spouse may obtain work authorization for the duration of their stay, and the visa may be renewed indefinitely as long as the E-2 enterprise remains E-2 compliant. (for more information on how to maintain an E-2 compliant business, please click here.)

Prospective clients routinely ask : What are my chances of getting an E-2 visa? This is an excellent question to ask prior to commencing the E-2 investment process, as the E-2 visa requires a significant amount of up-front investment which will not be returned if the visa is denied. Each applicant should be keenly aware of the E-2 visa requirements (discussed in detail here) and their chances of success prior to making a decision. The E-2 application process can be daunting, and will require proper planning to be successful. However, prospective investors should note that most E-2 visa applications are approved, and with proper planning and execution, your application can be approved too.

E-2 Visas by the Numbers

According to the Department of State, the E-2 visa classification has seen significant growth in the past five years. The U.S. Government received a total of 57,613 (up from 43,450 applications in 2013) visa applications in the fiscal year of 2016, of which 44,243 were approved for an approval rate of approximately 77%. Japan has received the most E-2 approvals, followed by Germany, France, Canada and Great Britain. The data shows that the E-2 visa has seen steady growth in applications and has an average approval rate of approximately 80% for the past 5 years. Thus, most E-2 visa applications get approved. You should keep in mind that many of the denials result from applicants filing on their own so the approval rate for applications filed by counsel is likely much higher than 80%.  Scott Legal, P.C. has processed many E-2 visa applications successfully for applicants that were denied who applied on their own. Scott Legal, P.C.’s approval rate is 98%. (past results do not predict future outcome).

Why do E-2 Applications get Denied? How to Stay out of the 20%

As discussed above, proper planning and execution of an E-2 visa investment will significantly increase the likelihood of success when applying. While the approval rate of E-2 visas is high, many prospective clients wish to know why E-2 visas are denied. While each case is different, all denials involve one or a combination of three key aspects of the E-2 application: the applicant, the investment, or the business.  One key way to significantly improve your changes of E-2 visa approval is to hire competent legal counsel to assist you.  For more information on why E-2 visas are denied, please click here.  Specific reasons for denial are also listed below.

Denials involving the Applicant

The E-2 visa requires that the investor applicant be in the position to develop and direct the enterprise. This requirement often goes beyond the corporate ownership of the company and officers routinely examine the investors academic and professional background to determine whether the applicant has the requisite skills and experience needed to successfully run the enterprise. If you are planning to apply for an E-2 visa, you should be able to demonstrate some competency in the industry that the E-2 company will operate in (or show that you will hire people to assist). Professional degrees and experience help demonstrate the skills needed to meet this requirement. For example, an investor applicant who has significant managerial experience running a large corporation will easily meet this requirement. However, an applicant with little to no work experience may find it challenging to prove they have the requisite skills to run a business.

Denials involving the investment

Many E-2 denials revolve around the investment presented in the application. The E-2 visa requires that the applicant invest a “substantial” amount in the U.S. in order to qualify.  Some denials stem from the examiner’s assessment that the investment amount is too low (investment amounts under $100,000 are often met with questions from a reviewing officer; click here for more information on the E-2 investment amount), or an applicant failed to provide adequate documentation to prove that the funds or assets used to make the E-2 investment came from a legitimate source (for more information on the documentation required to prove source of funds, click here.)

Denials involving the business

The regulations do not specify any restrictions on what type of business may qualify for an E-2 visa. Most legitimate businesses could qualify for an E-2 visa if they have the potential to operate profitably and hire several US workers. However, some businesses are more conducive to an E-2 approval than others, and it is important to keep in mind that consultancy firms and other service-oriented businesses are riskier cases than an operating business with many employees as these cases may have difficulty showing that the business is not a marginal enterprise (i.e. makes enough money to support more than just the applicant and his family. (That being said, the majority of the cases Scott Legal, P.C. deals with are service businesses and the firm was founded on an E-2 visa.)   Click here for more information on the marginality requirement.)

There are many other reasons why an E-2 visa application may have been denied which have little to do with the merits of the application, such as which consulate the application filed an application with, or the interpretation of a certain consular officer. Scott Legal, P.C. has processed hundreds of E-2 applications with a 98% approval rate (past results do not guarantee future outcome). Immigration law is very complex and it is crucial to work with the right immigration attorney to maximize your chances of success. If you are considering an E-2 Visa, contact Scott Legal, P.C..  For more information on this and other immigration Visas click here.  You can also call us at 212-223-2964 or email us at info@legalservicesincorporated.com.

 

To find out more about the new rules or other investor visas, contact Scott Legal, P.C.

book-your-consultation-buttonContact us at 212-223-2964 or by email at info@legalservicesincorporated.com.


This website and blog constitutes attorney advertising.  Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed.  Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results.  Each case is different and must be judged on its own merits.

September 3rd, 2017|4 Comments

4 Comments

  1. PAUL July 6, 2018 at 3:20 pm - Reply

    i have a business plan to start and have 100k i have been living in the USA for last 12 years was on F1 when i moved here and after that i have started working and have been working for more than 10 years.

    I want to start a business, but here is my question ? do i need to have a plan and money ready when i apply or do it need to invest into my business ? if so wht if the visa is not approved ? And will that have ?

    • IanScott July 11, 2018 at 10:30 pm - Reply

      Thank you for contacting us. You have to spend the money before you apply for the E-2 visa.

  2. Muhammad Irfan April 20, 2018 at 1:56 am - Reply

    Good Day,
    I am interested to apply for E2 Visa for my wife and kids (Pakistani Nationals) and want to be dependent on her, I am Pakistani national working in UAE with company offering me rotational job. I don’t want to leave my job but want to live with my family upon getting E2 Visa.
    I will be pleased if you can please provide me the following info, this info will enable me to process further with your firm;
    • Expected time frame for the process
    • Educational requirements for applicant
    • Minimum Investment Capital required
    • Can be applied while staying in Pakistan or not (As we have B1/B2 Visa for all my family valid until 04/2019)?
    • The services provided by your agency and the things to be done by applicant
    • Last but not the least the Service charges/fees for toal case handling.

    Your prompt revert will be highly appreciated and enable us to decide and process further.

    Best Regards
    Irfan
    00971-50-3830740

    • IanScott April 25, 2018 at 8:12 pm - Reply

      Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached a link to our E-2 visa brochure below that describes our services and fees and you can see from the brochure that we can also help you with your business plan and your business entity set-up.

      E-2 Visa Brochure

      https://legalservicesincorporated.com/wp-content/uploads/2018/03/E-2BrochureScottLegal2018.pdf

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

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