What happens if the E2 Visa is not approved?

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Learn what can be done if the E2 Visa is denied and how you can protect your investment.

For more information on E2 Visa and Franchises in the US, access:

All this content is for informational purposes only and does not constitute legal advice. We recommend always to consult an Immigration Attorney regarding specific cases.

Hi! in today’s video, I will explain what happens if the E-2 Visa is denied and also I will tell what can be done to mitigate the risk of financial losses.

As we could see in a previous video, the E2 Visa candidate needs to invest and commit the funds in the business before applying for the Visa. If the Visa is denied, two main points are important to keep in mind:

First, the immigration officer will explain the reasons why the application was not approved, enabling the candidate to adjust those points. The law does not limit the number of times a candidate can apply for the E-2 Visa with the same business, but it’s important only to submit a new application if all the points that led for the previous denial have been adjusted.

Second, even if the E-2 Visa is denied, that doesn’t mean that the company cannot be fully operational. If the candidate has already opened up the business or needs to start soon, he can hire a manager or have a partner to run the daily activities until he receives the E2 Visa. Sometimes that’s the case even when it’s the candidate first application.

Regarding Ways to prevent Financial losses, or at least mitigate the risks, again I would like to point out the benefits of investing in an American. Especially franchisors working with E2 visa candidates, most of them are open to negotiating an Addendum to the agreement, accepting to refund totally or partially what they have received from the candidate if the Visa is not approved.

Another option would be to put the money in an escrow account, and then a third party would release the money to the franchisor if the Visa is approved in a certain period or would give back to the candidate if the Visa is denied.

It’s also important to keep in mind that not all expenses to set up the business can be refundable or can be included in escrow account negotiation. Nonetheless, those actions I’ve mentioned can secure a significant part of the funds even if the Visa is denied.

As I will comment in a further video, having an excellent Immigration Attorney and choosing a good business will be the most critical factors to be granted the E2 Visa with ease. Naturally, it will be important to have the preventive measures in place, but if the case is strong, probably won’t be necessary, with nothing to worry about.

I hope this content has helped you to understand how it is possible to reduce the risk of financial losses when applying for E2 Visa. Don’t forget to subscribe to our channel for more information about each E2 Visa and franchises in the US. Hope to see you soon! Thank you!


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