Can the E-2 visa be denied if there is no hiring plan?

The E-2 visa is intended for investors who wish to develop or expand a business in the United States, and one of the criteria assessed by the authorities is the business’s ability to generate economic benefits in the country. This often includes job creation, even though there is no formal requirement for a detailed ‘hiring plan’ for visa approval.

In practice, although a strict hiring scheme is not required, the absence of a plan demonstrating the economic viability of the venture can raise doubts about the business’ sustainability. This can cause difficulties in proving that the investment is substantial and that the project does not qualify as ‘marginal’ – meaning it does not offer significant economic impact. In other words, the importance of presenting solid financial projections that indicate growth and potential to generate jobs is a factor that can influence the consular authority’s or Immigration Service’s decision.

It is worth mentioning that each case is analyzed individually, and the lack of detailed planning including aspects such as job creation may be seen as a weakness in demonstrating the viability of the venture. For this reason, it is recommended that the investor prepare a well-structured strategy that evidences not only the investment itself but also the business’ potential to contribute positively to the United States economy.

It is always important to follow the current immigration laws, seek guidance from specialized professionals – without promising definitive results or guarantees – and exercise caution with offers that seem miraculous or marketing campaigns promising easy results. This way, you will be better prepared to present a robust case and increase your chances of a favorable evaluation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.