E2 essential employee visa denied

Old Jun 18th 2019, 4:59 pm
  #16  
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Default Re: E2 essential employee visa denied

Originally Posted by Nutmegger View Post
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.


Exactly my previous thoughts. Why would you think work experience from the age of 15 can or should be counted as qualification experience? A 15 year old is at school and if not, then they are missing a heck of a lot of education. It can't be viewed as qualification but would be viewed as training.

I wouldn't try again until you have become truly qualified in your professional career.
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Old Jun 18th 2019, 5:09 pm
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Default Re: E2 essential employee visa denied

Originally Posted by Nutmegger View Post
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.
I had a very similar CV/resume to everyone else that got approved. Like I said most people were 22/23 when they got approved, one being in March.

I wouldn’t say it’s an agency as my company had the lawyer to deal with all cases. The company has only around 16/17 employees from the UK
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Old Jun 18th 2019, 5:13 pm
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Default Re: E2 essential employee visa denied

Originally Posted by shiversaint View Post
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.
There is no questions on the ds160 about why the company needs you.

It asks for general duties in the position at the US which I am sure gets filled in for everyone that got approved before exactly the same.

The only thing is my company have had a denial in the past the first time and then the second time got accepted. I think they have delt with this a 2/3 times and want me to do the same thing.
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Old Jun 18th 2019, 5:14 pm
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Default Re: E2 essential employee visa denied

It asks for general duties in the position at the US which I am sure gets filled in for everyone that got approved before exactly the same.
[QUOTE]

Filled in by the lawyer I mean
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Old Jun 18th 2019, 5:14 pm
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Default Re: E2 essential employee visa denied

Originally Posted by Lorneo1067 View Post
I had a very similar CV/resume t everyone else that got approved. Like I said most people were 22/23 when they got approved, one being in March. ....
Interpretation of the rules for processing and granting work visas in the US has tightened up quite a lot in the past couple of years, and by all accounts I have read continues to get incrementally tighter as time passes.
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Old Jun 18th 2019, 5:15 pm
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Default Re: E2 essential employee visa denied

Originally Posted by celticgrid View Post
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?



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.
So how much experience is considered essential if 6 years being full time from age 20 is not enough?
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Old Jun 18th 2019, 5:19 pm
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Default Re: E2 essential employee visa denied

Originally Posted by Lorneo1067 View Post


I had a very similar CV/resume to everyone else that got approved. Like I said most people were 22/23 when they got approved, one being in March.

I wouldn’t say it’s an agency as my company had the lawyer to deal with all cases. The company has only around 16/17 employees from the UK
You say you are "doing this through their E-2 visa company" -- just what does that mean? And you admit to having spent a great deal of time in the US, despite being only 26, which rather dilutes their contention that you bring essential UK experience to the table. Time to create a solid CV in the UK before you try again.
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Old Jun 18th 2019, 5:21 pm
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Default Re: E2 essential employee visa denied

Originally Posted by Pulaski View Post
Interpretation of the rules for processing and granting work visas in the US has tightened up quite a lot in the past couple of years, and by all accounts I have read continues to get incrementally tighter as time passes.
So it’s got that much stricter since March?

My friend got accepted and is only 22. I don’t see how he would have the experience and has the exact same qualifications as me.

I got asked 13/14 questions and he got asked 4 and said it was easy.

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Old Jun 18th 2019, 5:22 pm
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Default Re: E2 essential employee visa denied

Originally Posted by Lorneo1067 View Post


So it’s got that much stricter since March?

My friend got accepted and is only 22. I don’t see how he would have the experience and has the exact same qualifications as me.

I got asked 13/14 questions and he got asked 4 and said it was easy.

With the same company? Perhaps the authorities are seeing a pattern there that they don't like, and are cracking down.
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Old Jun 18th 2019, 5:24 pm
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Default Re: E2 essential employee visa denied

Originally Posted by Nutmegger View Post
You say you are "doing this through their E-2 visa company" -- just what does that mean? And you admit to having spent a great deal of time in the US, despite being only 26, which rather dilutes their contention that you bring essential UK experience to the table. Time to create a solid CV in the UK before you try again.
So they have a big company in the US and one of the biggest in its field. The U.K. company that is 50% owned by a U.K. and us citizen subcontracts it’s workers out to the very big company in the US

I have worked 2 years on J1 ‘s in USA for the big company described above and then before that was an F1 visa when I was 19 which was for university for 1 year.
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Old Jun 18th 2019, 5:26 pm
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Default Re: E2 essential employee visa denied

Originally Posted by Nutmegger View Post
With the same company? Perhaps the authorities are seeing a pattern there that they don't like, and are cracking down.
yes with the exact same company
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Old Jun 18th 2019, 6:13 pm
  #27  
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Default Re: E2 essential employee visa denied

Originally Posted by Lorneo1067 View Post
.... So it’s got that much stricter since March? ....
Yes, perhaps enough to make a difference.

That said, I believe that Nutmegger is probably right, that USCIS is seeing a pattern and is cracking down on wholesale importation of smurf-like workers - lots of small cogs all dong the same job, one that perhaps could be done on-line/ remotely anyway.
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Old Jun 18th 2019, 7:23 pm
  #28  
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Default Re: E2 essential employee visa denied

Originally Posted by Lorneo1067 View Post


So how much experience is considered essential if 6 years being full time from age 20 is not enough?
More than 6.

On the other hand, a quick peek suggests you've never mentioned exactly what this specialist skill is? Sounds like there's this "E2 company" that wants to get you a visa so they can contract you out to a different company. If everything you have said is true regarding others with less experience and exact same paperwork being accepted then the suggestion that this is a tightening of the rules sounds quite plausible. Would be interesting if another of your colleagues, ideally one of those 22-year olds, was granted a visa now, after your rejection. Do you know of any others in the pipeline?
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Old Jun 18th 2019, 7:58 pm
  #29  
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Default Re: E2 essential employee visa denied

I went back and checked the OP's posts just to see if I could get a bigger picture view of the situation and decided there is too little information and you would need to make many assumptions, many of which will no doubt be wrong.

Too many odd bits and pieces.
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Old Jun 18th 2019, 8:02 pm
  #30  
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Default Re: E2 essential employee visa denied

Originally Posted by celticgrid View Post
More than 6.

On the other hand, a quick peek suggests you've never mentioned exactly what this specialist skill is? Sounds like there's this "E2 company" that wants to get you a visa so they can contract you out to a different company. If everything you have said is true regarding others with less experience and exact same paperwork being accepted then the suggestion that this is a tightening of the rules sounds quite plausible. Would be interesting if another of your colleagues, ideally one of those 22-year olds, was granted a visa now, after your rejection. Do you know of any others in the pipeline?
the specialist skill is the qualification here in the U.K. and company’s qualification. Also it is the style of method of skill. A US worker no matter how experienced or skilled can not perform the skill in our way as this is only taught to British workers.

I dont know if they have anymore lined up yet to do an E2. There is only 16-17 people in this U.K. E2 Company to train US workers and to develop the business

Last edited by Lorneo1067; Jun 18th 2019 at 8:11 pm.
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