Visa Refusal

Immigration Success Story – Overcoming E2 Visa Refusal at the US Consulate in Toronto

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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.

Immigration Success Story – Overcoming H1B Visa Refusal at the London Consulate

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Recently, a US based technology company contacted us after their employee’s H1B visa was refused at the US Embassy in London. The employee, a highly skilled software engineer, had been working in the US for several years and had traveled to London for visa stamping. However, instead of receiving visa approval, he was subjected to administrative processing, followed by an outright refusal under INA 221(g). The company was eager to have him return to the US to resume his work, but they were unsure how to proceed after the refusal.

We spoke with the employee and reviewed the refusal notice. During his visa interview, the consular officer had questioned the legitimacy of his H1B employment, focusing on whether his role truly required a specialized degree. The officer also expressed concerns about the employer’s ability to pay the offered wage, despite the company being a well established firm. These types of refusals are common when the consulate believes the underlying H1B petition does not meet the legal criteria, even if USCIS had already approved it.

After taking on the case, we immediately contacted the London Consulate to request clarification on the refusal. We submitted a legal memorandum with strong supporting documents, the consulate agreed to reconsider the refusal and requested that our client return for a new interview.

At the second interview, our client presented the additional evidence we had prepared, and the officer reversed the refusal, granting the H1B visa without further delays. Within days, he was back in the United States, continuing his work without any additional issues.

Do you have a similar visa refusal at the London consulate or another U.S. embassy? Contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.