Being denied an E-2 visa under INA §214(b) can be incredibly frustrating, especially when the refusal is based on a perceived lack of intent to depart the US after your visa expires. We’ve successfully helped many clients overcome this exact issue, even after they were initially denied despite having a legitimate business and a qualifying investment. In many cases, consular officers interpret factors like personal ties, prior visa history, or even how you answer certain questions during the interview as indicators of immigrant intent. While the E-2 is a nonimmigrant visa, any suspicion that you intend to remain in the US permanently can result in a denial. Through careful preparation and strategic documentation, we’ve helped applicants address these concerns and secure E-2 approvals.
We’ve helped numerous clients overcome 214(b) refusals and secure E-2 visa approvals. If your visa was denied on this basis, this blog will walk you through why it happened and, more importantly, what steps you can take to strengthen your case for reapplication.
E2 visa holders must show that they intend to leave the US when their status ends. This doesn’t mean you can’t eventually apply for a green card but you must demonstrate clear nonimmigrant intent at the time of the visa interview. Officers often look for evidence of strong ties to your home country. If you’ve sold everything in your country or moved your entire life to the US, the consulate may conclude that you don’t plan to return. That’s when we see E2 visa refusals based on intent to depart.
Every case is different, and the strategy should match your personal and professional circumstances. We are often asked, “Can I reapply after an E2 visa denial under 214(b)?” The answer is yes but it’s essential to address the reasons for refusal directly and with better documentation. A well prepared new application with stronger proof of ties can often succeed where the first attempt failed.
If your E2 visa was denied due to concerns about your intent to depart the US. don’t give up. Our office has helped many investors overcome this problem with tailored legal strategies and compelling evidence. Call us at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We can help you reapply with confidence and get your business plans back on track.