Applying for an E-2 visa can be an exciting step toward building a business in the United States. But for many investors, the process ends up being far more complex than expected. There are details that no one warns you about—details that can determine whether your visa gets approved, delayed, or denied.
Here are three things nobody tells you about the E-2 visa until you’re already in the middle of it.
1. You Can Get an RFE, Even if You Think You Did Everything Right
An RFE, or Request for Evidence, is a notice from USCIS immigration officers asking for additional information because something in your application isn’t clear, complete, or convincing. It doesn’t mean your case will be denied, but it does mean more stress, more time, and sometimes more expense.
A poorly written or unrealistic business plan is one possible reason for receiving an RFE. When projections, staffing, or financial assumptions don’t make sense, officers start to lose credibility in the entire plan and even question whether the business truly qualifies for E-2 approval. A strong, detailed, and realistic business plan can often prevent this scenario altogether.
2. Denials Can Happen Upfront, Even for “Strong” Cases
Many investors assume that as long as they invest a large amount of money, approval is almost guaranteed. That’s not true. We’ve seen denials at the consulate stage even in cases involving substantial investments as a result of a business plan that failed to represent the operation accurately or overlooked historical performance when building financial projections.
Even a significant investment can appear weak if the business plan fails to tell a clear, credible story. And when a visa is denied, the consequences go beyond a simple setback. A visa denial isn’t just a temporary setback. Once a case is refused, that denial becomes a permanent part of the applicant’s immigration record. Even if you reapply later, future officers will see the previous refusal, and convincing another officer to reverse that decision becomes much more difficult. It can be done, but it usually requires more time, more work, and far stronger arguments to succeed.
A credible business plan that clearly explains your investment, logic, and business model is one of the best ways to avoid that risk.
3. Renewals Have Never Been Easy, And They’re Definitely Not Guaranteed
A common misconception is that once an E-2 visa is approved, renewals are simple. The truth is that renewals have never been automatic or easy. Officers thoroughly review each case to make sure the business still meets E-2 requirements, including job creation and sustained U.S. economic benefit.
In the past, updated business plans were mainly needed when the company changed direction. Now, however, many consulates require an updated business plan at every renewal, even when operations haven’t changed much. Officers want to know how the company plans to continue performing in the future, since past performance is not a guarantee of future performance.
This is why continuous tracking and organization are critical.
The Bottom Line
The E-2 visa offers an incredible opportunity to live and build a business in the U.S., but success depends on preparation and ongoing alignment between your plan and your operations.
At Visa Business Plans, we create thorough, credible, and realistic business plans that help reduce the risk of RFEs and denials and meet the expectations of consular officers around the world. Beyond the initial plan, we also offer quarterly Visa Health Check-Ups to help ensure that your company’s actual results mirror what was originally presented in your business plan. We also offer specialized immigration-focused bookkeeping services to help investors stay compliant, organized, and ready for a smooth renewal. Attorneys love this service because our bookkeeping is designed specifically with visa renewals in mind, not just tax savings like standard CPAs. This means they get clean, well-organized financial records with no last-minute surprises, making their job much easier when it’s time to file.
If you’re applying for an E-2 visa, or preparing for renewal, contact us today. A strong business plan and solid financial management aren’t just helpful; they’re essential for keeping your visa approval on track.
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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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