3 Common E-2 Visa Mistakes to Avoid

Hey there! I’m Ben Frear, an immigration lawyer dedicated to helping entrepreneurs navigate the E-2 visa process. If you’re a foreign national entrepreneur looking to grow your business in the U.S., the E-2 visa is a fantastic opportunity. But like any journey, there are a few pitfalls along the way. Today, I’m here to walk you through three common mistakes that E-2 visa applicants make and, more importantly, how you can steer clear of them!

Mistake #1: Immigration Violations

One of the most challenging issues in an E-2 application is a history of immigration violations, like overstaying a visa or working in the U.S. without authorization. These can be red flags for consular officers, who want to feel confident that you’ll follow the E-2 visa rules if granted.

For instance, I had a client who did everything right with her business but had unknowingly worked without authorization years prior. When we disclosed this on her DS-160 application, her initial E-2 application was denied. But we didn’t give up! We reapplied with character reference letters and a personal statement explaining her situation, and she eventually succeeded. The lesson? Transparency is critical. Address any past violations head-on and build a strong case for why you’re ready to follow the rules moving forward.

Mistake #2: Holding Back on Spending

Understandably, many entrepreneurs hesitate to spend too much before securing their visa. After all, it’s a significant risk to invest in a business that depends on visa approval. However, the U.S. government wants to see a real, at-risk investment—something that demonstrates you have “skin in the game.”

One example comes to mind: I worked with a client who was bewildered by his E-2 visa denial. He had formed a company, opened a business account, and even transferred $75,000 of his own money into it. However, he hadn’t actually spent the money! And that’s where he went wrong. The funds weren’t considered “at risk” until they were invested in actual business expenses, like equipment, leases, or services necessary to operate. The takeaway? Commit to your business by putting that money to work. The more at-risk funds you show, the stronger your application.

Mistake #3: Not Being “Real and Operating”

Another common misstep is applying before the business is ready to operate.

For some, especially those opening franchises, there can be a frustrating catch-22: the franchisor may require training that can’t be completed until the E-2 visa is approved.

The key here is to make sure that, as much as possible, your business is ready to operate. Obtain necessary licenses, set up a website, and make purchases that prove you’re committed to hitting the ground running. By doing this, you present a clear picture to the consulate that your business is “real and operating,” which can help avoid denial on these grounds.

Conclusion: Prepare, Commit, and Be Transparent

In summary, the three big E-2 visa mistakes to avoid are:

• Past Immigration Violations: Disclose and address any past issues.
• Holding Back on Spending: Make a genuine at-risk investment.
• Applying Too Early: Ensure your business is ready to operate.

The E-2 visa is an incredible opportunity, but it requires thoughtful planning and a commitment to get it right. If you’re considering applying, you can reach out to one of the many amazing E-2 visa lawyers across the globe to help you build a strong case for your dream business in the U.S.

Disclaimer: The information provided in this post is for general informational purposes only and does not constitute legal advice. Immigration laws are complex and subject to change, and each case is unique. You should consult with a qualified immigration attorney to discuss your specific circumstances before making any decisions regarding the E-2 visa or other immigration matters. No attorney-client relationship is established by reading this content.