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E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please comment

E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please comment

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Old Mar 2nd 2015, 6:32 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

Originally Posted by Pulaski
I don't understand the "advice" on the visa either, but don't underestimate the issues in the US caused by having Iranian ancestry. If the US government is aware that your father is Iranian it can easily create multiple issues for you in the US, notably in connection to banking and transferring money, because of the long term sanctions that have been applied against Iran since the 1970's, and which are applied against Iranian citizens individually unless/until case by case exceptions are granted.
How would they be aware of my father if he is a british citizen, lived in UK for over 40 years

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Old Mar 2nd 2015, 6:35 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

Originally Posted by DavisonUK
How would they be aware of my father if he is a british citizen, lived in UK for over 40 years a
You're probably going to be OK then. Sometimes visa forms have been known to ask of citizenship of parents - I think mine did, but then it was an immigrant visa.

Last edited by BEVS; Mar 24th 2015 at 8:59 pm.
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Old Mar 2nd 2015, 6:38 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

Originally Posted by Pulaski
You're probably going to be OK then. Sometimes visa forms have been known to ask of citizenship of parents - I think mine did, but then it was an immigrant visa.
It's just so strange that I was refused. Oh and then he said the visa is for executive level only. But when I went back to my lawyers they said this is not true and you are going as a specialist!! He may have been new, and he did ask how to do stuff on the computer
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Old Mar 2nd 2015, 6:39 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

In your other post you talk about yourself as wanting accommodation for a couple. So sounds as though you have a relationship in the US? and your other 'accommodation' post does not sound as though the US company is paying any relocation expenses for you (maybe trying to get you into the US without the expense and visa hassle of an L/H visa?)

Hence the official's doubt that you had strong enough ties in the UK? One of the main points of the E-2 is that the applicant must return to their home country - it is not an immigrant visa.
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Old Mar 2nd 2015, 6:41 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

Originally Posted by SanDiegogirl
In your other post you talk about yourself as wanting accommodation for a couple. So sounds as though you have a relationship in the US? and your other 'accommodation' post does not sound as though the US company is paying any relocation expenses for you (maybe trying to get you into the US without the expense and visa hassle of an L visa?)

Hence the official's doubt that you had strong enough ties in the UK? One of the main points of the E-2 is that the applicant must return to their home country - it is not an immigrant visa.
Of course I will need somewhere to stay. I'll be homeless otherwise!! I just need somewhere temp like a roomshare. I have strong ties in the UK, I have a mortgage!
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Old Mar 2nd 2015, 6:43 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

My refusal had nothing to do with strong ties he didn't highlight it.

He highlighted the skills category that I won't be using UK specific skills when I actually will!!
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Old Mar 2nd 2015, 6:54 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

Originally Posted by davisonuk
Of course I will need somewhere to stay. I'll be homeless otherwise!! I just need somewhere temp like a roomshare. I have strong ties in the UK, I have a mortgage!
OK keep your hair on...... you gave the impression you were part of a couple looking for accommodation (several times you said 'we).

Visa officials are quick to pick up on an aspect of the applicant's background which might have an influence on the applicant's decision to remain or leave the country. If you are in, and would continue to be in, a romantic relationship while in the US, this would be an 'influence'

Your ties may not seem so strong then.

Are you already employed in the UK by this company or is this a completely new job?

Last edited by BEVS; Mar 24th 2015 at 9:00 pm. Reason: per above
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Old Mar 2nd 2015, 6:57 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

Originally Posted by SanDiegogirl
OK keep your hair on...... you gave the impression you were part of a couple looking for accommodation (several times you said 'we).

Visa officials are quick to pick up on an aspect of the applicant's background which might have an influence on the applicant's decision to remain or leave the country. If you are in, and would continue to be in, a romantic relationship while in the US, this would be an 'influence'

Your ties may not seem so strong then.

Are you already employed in the UK by this company or is this a completely new job?
My bf is working at the same company as me on an E-2 and is already out there. But he's relocating from Dallas to LA. But how would officials know this? We didn't discuss relationships during my 5 minute interview. I would return back to the UK if I left my job anyway. It's just so rent could be cheaper otherwise I would live independently.

Nope completely new company
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Old Mar 2nd 2015, 7:02 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

The visa applied for is an E-2 - Treaty Investor visa.

Based on the info below describing both E-1 and E-2 visas, is this the correct one to be applying for? The Treaty Investor visa sounds as though the applicants needs to be investing in the company ....

Treaty Trader & Investor Visa
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Old Mar 2nd 2015, 7:17 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

Originally Posted by SanDiegogirl
The visa applied for is an E-2 - Treaty Investor visa.

Based on the info below describing both E-1 and E-2 visas, is this the correct one to be applying for? The Treaty Investor visa sounds as though the applicants needs to be investing in the company ....

Treaty Trader & Investor Visa
An E-2 visa is appropriate under the circumstances of the OP ..... others, including recently Canveydave, have come over on an E-2 under apparently similar circumstances. The primary hurdles are that (i) the company is owned by/from a "treaty country" (not all countries are), and that the visa holder has to come from the same country as the business owner.
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Old Mar 2nd 2015, 7:21 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

E2 may be a non immigrant visa but it can be renewed indefinitely and in practice ties are not required.

E2 employee perhaps are less common on here than E2 investor.

No idea about salary, makes no sense, just thinking it is a salaried position, not just commission.
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Old Mar 2nd 2015, 7:22 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

Originally Posted by Pulaski
An E-2 visa is appropriate under the circumstances of the OP ..... others, including recently Canveydave, have come over on an E-2 under apparently similar circumstances. The primary hurdles are that (i) the company is owned by/from a "treaty country" (not all countries are), and that the visa holder has to come from the same country as the business owner.
It would appear that the immigration official did not think the OP qualified under the essential employee, employed in a supervisory, executive, or highly specialized skill capacity.
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Old Mar 2nd 2015, 7:24 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

Originally Posted by SanDiegogirl
It would appear that the immigration official did not think the OP qualified under the essential employee, employed in a supervisory, executive, or highly specialized skill capacity.
Exactly that, but I do have specialist skill which are unique otherwise the firm wouldn't have hired me.
That's why my lawyers are very surprised and are continuing to fight my case
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Old Mar 2nd 2015, 7:25 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

I remember coming across a Japanese lady working in a shop in Hawaii, probably just a presentation issue.
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Old Mar 2nd 2015, 7:29 pm
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Default Re: E-2 Employee visa refused under S214(b)! WHAT! Any experience with E-2 please com

We are just laymen here, so giving you all kinds of different ideas and suggestions. None of us are experts or lawyers. Ultimately, your case will be dealt with by your sponsoring company immigration lawyers. They have inside contacts at various embassies and USCIS, so they should be making the appropriate inquiries.

Please let us know how your case turns out; I hope you get the visa... if not this one then the appropriate one eventually.

Rene

Last edited by BEVS; Mar 24th 2015 at 8:54 pm. Reason: as discussed
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