Recently, a Canadian entrepreneur reached out to us after his E2 investor visa was refused at the US Consulate in Toronto. He had invested a substantial amount in a US based consulting business and had applied for an E2 visa to actively manage and grow his company. However, after attending his interview, the consular officer refused the visa under INA 214(b), stating that he had not sufficiently demonstrated that his business was legitimate and operational.
We reviewed his case and identified the main issues that led to the refusal. The consular officer questioned the viability of his business, the source of his investment funds, and whether the enterprise was more than marginal which is a common concern in E2 visa cases. Additionally, the officer noted that the applicant had not provided enough evidence to show that his business would create jobs for US workers, a key requirement for E2 approval.
After taking on the case, we prepared a comprehensive legal brief addressing each of the consular officer’s concerns. We provided extensive documentation, to eliminate any doubts about the legitimacy of the business.
We requested that the Toronto Consulate reconsider the refusal and allow our client to schedule a follow up interview. After weeks of advocacy and direct communication with the consular post, the embassy agreed to a new interview, where our client presented the additional evidence. This time, the officer approved the E2 visa without further issue, allowing him to enter the US and fully operate his business.
If you have received an E2 visa refusal at the Toronto consulate or another US embassy, don’t assume that your case is over. Many visa denials can be successfully challenged with the right legal strategy. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.