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Scales of Justice

E-2 DENIALS, Part 2

In our previous blog post, we discussed one of the main reasons why E-2 visas are denied, and we shared our insights on how adjudication officers determine if the E2 investment meets their adjudication standards.

Another reason why E-2 visas are denied is the U.S. entity’s growth and expansion plans, or simply put:

The visa adjudicator does not think the E-2 business will generate sufficient jobs for workers in the U.S.

Let’s set this clear: the main reason the E-2 visa exists is to bring foreign investment that will create U.S. jobs. Therefore, the adjudicator will look at the probability of success of the business and the ability for the business to hire workers in the U.S. While this is not a new requirement, it has gained increasing importance under the current administration.

Since President Trump signed the Buy American and Hire American executive order in April 2017, the U.S. government has made changes that impact how consular officials are issuing E visas.

When the initial application is made, a solid business plan should accurately forecast how many direct and indirect jobs the U.S. business will generate as well as the projected salary for each position. Easier said than done. The growth projections must not only satisfy current immigration criteria and standards but must also be aligned with the industry's growth and the business' potential, resulting in a credible plan that meets the expectations of consular and adjudication officers.

At Visa Business Plans, we take pride in identifying when the applicant’s business, depending on the nature of the enterprise, will not generate sufficient jobs in the U.S. while we work with our clients to reach a balance between immigration expectations and business realities. We also developed a proprietary and fully-customized section that addresses the Buy America, Hire American executive order which is included in all of our immigration business plans.

Want to elevate your chances of getting your E-2 visa approved? Contact Visa Business Plans today for a free consultation.