Key Criteria for E-2 Visas and Tips to Avoid Section 214(b) Refusals

Published: March 19, 2025

The Treaty Investor (E-2) nonimmigrant visa is a common pathway for foreign nationals from treaty countries seeking to invest or start a business in the US. Although most E-2 visa applications get approval, US immigration law specifies numerous grounds for denial. 

According to the Nonimmigrant Worldwide Issuance and Refusal Data, the E-2 visa category received a total of 61,432 applications in FY 2024. Of these, the Department of State (DOS) issued 55,324 visas while 6,108 applications resulted in visa refusals. 

Obtaining an E-2 visa requires meeting strict criteria. As of December 23, 2022, the rules for E visas changed. The amended Section 101 (a)(15)(E) of the Immigration and Nationality Act (INA) defines the eligibility criteria for E visas. 

Suppose the applicants fail to satisfy the visa classification’s requirements. Section 214(b) of the INA authorizes US consular officers to refuse nonimmigrant visa applications. In this post, ALG Lawyers provides an overview of the key criteria for the E-2 visa category and how to avoid 214(b) refusals. 

Key Criteria for E-2 Visa Eligibility

E visas are a specific category of nonimmigrant visas issued under treaties between the US and other foreign nations. Within the E category, the E-2 visa is one of the popular pathways to enter the US for business purposes. Since it’s not subject to similar quotas and significant wait times, E-2 visas enable entrepreneurs to achieve their business goals quickly. 

A special trade agreement between the applicant’s home country and the US is a prerequisite to be eligible for E-2 visas. Those who filed their E-2 applications on or after December 23, 2022, must be ready to submit additional documentation of how they acquired treaty country nationality. 

That is to ensure compliance with the updated INA Section 101(a)(15)(E) on E visa eligibility. Specifically, applicants who hold treaty country nationality as a result of a financial investment must demonstrate that they’ve resided in the treaty country specified in their application for a continuous period of at least three years before applying. 

Besides being from a country that has a treaty with the US, you must satisfy the following criteria to qualify for an E-2 visa: 

• Has substantial investment or in the processing of investing in a real, operating business in the US
• Intends to enter the US solely to develop and direct the business, proving it by owning at least 50 percent or having managerial control
• Investment funds must be from a legitimate source
• The enterprise must generate jobs for US workers and contribute to the economy
• Must prove intent to depart the US when the visa expires or business operations end

E-2 visas have strict requirements and only those who meet the criteria are eligible for issuance. Consulting with an experienced Los Angeles immigration lawyer can help ensure a smooth and correct E-2 visa process, increasing your chances of getting approved. 

Understanding Section 214(b) Refusals and How to Avoid Them

Generally, US law requires visa applicants to undergo an interview with a consular at a US Embassy or Consulate. After reviewing relevant information, the consular officer approves or denies the application based on established standards in US law. 

Nonimmigrant visa categories like the E-2 visas can be subject to refusals under INA section 214(b). It presumes that all applicants are intending immigrants unless they credibly demonstrate they don’t intend to remain in the US permanently. 

There’s no appeal process after a visa refusal or ineligibility under Section 214(b). The consular section cannot proceed with any further action once the case is closed. If denied, you must start over with a new application and interview to reapply. Consider the tips below to avoid 214(b) refusals in your E-2 visa application: 

• Establish strong ties to your home country, such as employment, property ownership, financial assets, and family connections. 
• Provide complete and transparent financial records showing the source of funds.
• Demonstrate your intended activities and the duration of your stay. 
• Submit a clear, viable business plan and proof of investment.
• Work with a reliable immigration lawyer to strengthen your visa application. 

Increase Your Chances of E-2 Visa Approval

Careful planning and solid supporting documentation are critical in securing E-2 visas. Understanding the eligibility requirements and factors that led to a visa refusal is a good starting point. However, since every denial varies on one’s circumstances, the assistance of a Los Angeles immigration lawyer is paramount in increasing your chances of E-2 visa approval. 

With decades of experience handling immigration concerns, our team at ALG Lawyers can help evaluate your eligibility and navigate the complexities of obtaining E-2 visas. Connect with our firm today to discuss your immigration needs in detail.