If your E-2 visa was denied because the business was deemed not operational, you’re not alone and we’ve successfully helped many clients in this exact situation secure approvals. This is one of the most common issues many people encountered with E-2 applications and sought our legal assistance. Even if you’ve formed an LLC, opened a business bank account, or submitted a detailed business plan, your application can still be refused if the consular officer believes your business isn’t ready to function. A denial stating “E-2 visa business not active yet” typically means there wasn’t enough tangible evidence to show your business had moved beyond the planning stage. We’ve guided many applicants in transforming their documentation and reapplying successfully.

A question we frequently get is: “Can I apply for the E2 visa before the business starts?” Technically, yes but the key is being able to show that your investment is not speculative. You must demonstrate that the business is either operational or imminently ready to launch. That means your funds should be spent or contractually committed, your location secured, and equipment or services already in place. A mere intention to operate isn’t enough. The government needs evidence that your business would begin functioning immediately if you were granted entry.

So, how to prove your business is operational for the E2 visa? We help our clients prepare detailed legal submissions showing every aspect of business readiness. We emphasize financial commitment, physical presence, and operational structure tailored to your specific industry. Whether it’s a brick and mortar store or an online service-based business, we ensure your documentation meets the standard and shows that your investment is real, substantial, and the business is ready to generate income. The more concrete your proof, the stronger your case. Simply submitting a business plan or showing funds in a bank account is usually not sufficient to overcome a finding that the business is not operational.

If your E2 visa was refused because the business was not ready or active, we can help. Our team has helped many clients turn around initial refusals by identifying what was missing, restructuring the investment timeline, and preparing a stronger package with clear, practical evidence. Don’t assume a denial is the end. Many cases can be salvaged and approved with proper guidance.

Call our office today at 305-515-0613 or email info@messersmithlaw.com to discuss your E2 case. Whether you’re applying for the first time or trying again after a refusal, we’ll help you present a business that meets the E2 standards and moves you one step closer to entering the U.S. to launch or expand your business.