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-   -   E2 essential employee visa denied (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/e2-essential-employee-visa-denied-925839/)

Lorneo1067 Jun 18th 2019 11:01 am

E2 essential employee visa denied
 
hey all,

unfortunately I was denied an e2 essential employee visa to my company.

On the basis of being not essential enough for the company according to the consular officer. I think the main reasons were her saying I didn’t have enough experience in my field (even though I have 11 years)

i am not sure wheather to reapply and do a second interview? And me & wife are starting to give up hope on even trying again.

If you need more info I am happy to explain more. The lawyer expressed that we need to just talk about qualifications and not experience. Even though I did say about my qualifications on previous interview, but she just took apart my experience saying it’s not enough.

If there’s anyone out there that can help we really need some advice and some belief we can get this.

thanks

Florriedot Jun 18th 2019 11:13 am

Re: E2 essential employee visa denied
 
Hi,

sorry to hear your application was denied

my husband is in the process of applying for the E2 visa.

How soon after submitting your DS160 did you get an interview?

Thanks

Lorneo1067 Jun 18th 2019 11:18 am

Re: E2 essential employee visa denied
 

Originally Posted by Florriedot (Post 12699596)
Hi,

sorry to hear your application was denied

my husband is in the process of applying for the E2 visa.

How soon after submitting your DS160 did you get an interview?

Thanks

you can get an appointment fairly quickly if you look every day for cancellations.

my company in the US found mine for me as they were looking for us when all the people in the U.K. were asleep. And we got one in a matter of a week by doing that. I recommend refreshing the page every 20 mins or so. And then if you have anyone in the US that can look then that is the best way

good luck

Florriedot Jun 18th 2019 11:22 am

Re: E2 essential employee visa denied
 
Do they need time review all the documents etc I wouldn’t have thought a week is long enough . I read online that it can take 6-8 weeks 🤷🏼‍♀️ And then you apply for an interview.

sorry to ask all the questions especially in your current circumstance
x

Lorneo1067 Jun 18th 2019 11:31 am

Re: E2 essential employee visa denied
 

Originally Posted by Florriedot (Post 12699602)
Do they need time review all the documents etc I wouldn’t have thought a week is long enough . I read online that it can take 6-8 weeks 🤷🏼‍♀️ And then you apply for an interview.

sorry to ask all the questions especially in your current circumstance
x

It may be different for an E2 investor. But I am pretty sure you can still get an appointment fairly quickly as I have heard that an E2 Investor visa you cannot pay for an premium process delivery of passports as they must look into the documents more (this is what I have heard btw so may not be true)

civilservant Jun 18th 2019 12:11 pm

Re: E2 essential employee visa denied
 
Not sure providing more info to us will help. Follow the advice that you were given by your companies lawyers, they are far more knowledgeable (or should be) than we are as internet lay people.

Lorneo1067 Jun 18th 2019 12:19 pm

Re: E2 essential employee visa denied
 

Originally Posted by civilservant (Post 12699637)
Not sure providing more info to us will help. Follow the advice that you were given by your companies lawyers, they are far more knowledgeable (or should be) than we are as internet lay people.

yes but all the lawyer is saying is to go by my qualifications and nothing else.

Reference below from a website.

An applicant seeking E-2 classification as an essential employee must demonstrate specialized and unique knowledge or skills that are essential to the success of the E-2 business. The applicant must be able to prove that their skills are specialized and that they have unique expertise that is necessary for this specific E-2 business.........




civilservant Jun 18th 2019 12:22 pm

Re: E2 essential employee visa denied
 
I agree that your unique experience with the company is an essential part of the visa qualification, however it appears that this was insufficient for the officer to grant the visa.

Do you feel you could have answered the questions asked better? If not, it may be the end of the road.

Lorneo1067 Jun 18th 2019 12:31 pm

Re: E2 essential employee visa denied
 

Originally Posted by civilservant (Post 12699646)
I agree that your unique experience with the company is an essential part of the visa qualification, however it appears that this was insufficient for the officer to grant the visa.

Do you feel you could have answered the questions asked better? If not, it may be the end of the road.

I feel like the consular officer based it all on experience. I have worked 11 years in this field but the officer would only accept 6 years as that was the period where it was full time. And then the officer knocked off 3 years as some of it in the US. (Which i worked for the same company I am applying now but through a J1 and directly to the company.) this is through there E2 Visa company so they can still provide U.K. employees to keep the same image of the company. I am not sure what else to do...

The only thing I regret saying is sort of agreeing to 6 years experience as it was full time but there was another 2 years experience from a school program.

I am 26 if that’s makes any difference, it also really frustrates me that other people for this company got there E2 with similar circumstances and even less years experience, some even being 22/23

civilservant Jun 18th 2019 12:40 pm

Re: E2 essential employee visa denied
 
You may have just got an officer having a bad day, it can and does happen. There's no harm in reapplying if that's what the company want to do, but an appeal is pointless.

Nutmegger Jun 18th 2019 2:52 pm

Re: E2 essential employee visa denied
 

Originally Posted by Lorneo1067 (Post 12699650)


I feel like the consular officer based it all on experience. I have worked 11 years in this field but the officer would only accept 6 years as that was the period where it was full time. And then the officer knocked off 3 years as some of it in the US. (Which i worked for the same company I am applying now but through a J1 and directly to the company.) this is through there E2 Visa company so they can still provide U.K. employees to keep the same image of the company. I am not sure what else to do...

The only thing I regret saying is sort of agreeing to 6 years experience as it was full time but there was another 2 years experience from a school program.

I am 26 if that’s makes any difference, it also really frustrates me that other people for this company got there E2 with similar circumstances and even less years experience, some even being 22/23

So your eleven years of experience starts when you were 15 -- I think that would raise a red flag with the CO that you were stretching the boundaries a bit. It also sounds as if you are doing this through some kind of agency, rather than directly with the UK company, which may also cause concerns.

Pulaski Jun 18th 2019 3:02 pm

Re: E2 essential employee visa denied
 

Originally Posted by Nutmegger (Post 12699729)
So your eleven years of experience starts when you were 15 -- I think that would raise a red flag with the CO that you were stretching the boundaries a bit. .....

I agree, except I would have used "lot" as the last word.

The whole case smacks of desperation (multiple E-2 applications, a rejected J-1 deemed an over-reach, stretching the experience to include part-time work, being on a "school program", time when you are less than 18 years old, etc,) and if there is one factor that is going to kill a visa application, of any sort, it is desperation.

celticgrid Jun 18th 2019 4:11 pm

Re: E2 essential employee visa denied
 
You seem very focused on your experience, and the officer's treatment of your claimed experience, yet earlier on you say your lawyer said to stay away from the experience angle?


Originally Posted by Lorneo1067 (Post 12699589)
The lawyer expressed that we need to just talk about qualifications and not experience.

To me that suggests the lawyer doesn't think there's a case based on your experience, and the officer reviewing seems to have been of the same opinion. You can go for another interview but it feels like the odds are against you.

shiversaint Jun 18th 2019 4:36 pm

Re: E2 essential employee visa denied
 

Originally Posted by Lorneo1067 (Post 12699643)
An applicant seeking E-2 classification as an essential employee must demonstrate specialized and unique knowledge or skills that are essential to the success of the E-2 business. The applicant must be able to prove that their skills are specialized and that they have unique expertise that is necessary for this specific E-2 business.........

I warned you in your other thread about this, and asked you to post the specific questions that you wanted help with. The way you answer the questions on the DS-160 is critical for a successful essential employee application. I would bet a large sum of money that you did not offer the right specificity and wording to explain how the E-2 business needs you and your experience derived skills to succeed.

Essential Employee visas are typically lawyer only endeavours, and it sounds like your one was no good. Coupled with the aforementioned posts about your experience being potentially questionable....well, recipe for disaster. You can definitely try again, - it happened to one of my colleagues - but I would leave it a year so you can demonstrate that something has changed. Going in again ASAP is red flag galore.

Lorneo1067 Jun 18th 2019 4:54 pm

Re: E2 essential employee visa denied
 

Originally Posted by civilservant (Post 12699655)
You may have just got an officer having a bad day, it can and does happen. There's no harm in reapplying if that's what the company want to do, but an appeal is pointless.

Company and Lawyer seems to think it was a bad interviewer and lawyer said they sounded disinterested.

Just don’t really want to go back and hear the same thing. I am sure one of the questions will be asking what has changed from last time.. and my lawyer wants me to say the officer just misunderstood.

Didnt have an option to appeal, they just handed me the 214b letter


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