E2 essential employee visa denied

Old Jun 18th 2019, 7:03 pm
  #31  
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Default Re: E2 essential employee visa denied

Originally Posted by Boiler View Post
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.
let me know what you need to know.
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Old Jun 18th 2019, 7:05 pm
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Default Re: E2 essential employee visa denied

Originally Posted by Pulaski View Post
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.
this is not wholesale as there is only 16-17 people in the E2 Visa company for a very big US company.

Cannot be done online line or remotely, would be impossible in our field
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Old Jun 18th 2019, 7:05 pm
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Default Re: E2 essential employee visa denied

Well I am none the wiser and can not think what it could be, quite fascinating however. Something I have never come across and can not envisage.

Can anyone come up with something that could fit this?
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Old Jun 18th 2019, 7:17 pm
  #34  
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Default Re: E2 essential employee visa denied

Originally Posted by Lorneo1067 View Post
Tthis is not wholesale as there is only 16-17 people in the E2 Visa company for a very big US company. ....
That's quite a lot, "essential" IMO means 2-3 people out of 20, not 100%, or even 50% of the employees. The size of the company that is contracting with your employer is irrelevant.

I can't help but wonder if the objection is that the large US corporation is subcontracting to your employer as a way to do an end-run around the limitations (of numbers of visas available) of the H-1B visa program.

It will be interesting to see if in future those people who already have an E-2 are able to renew it.
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Old Jun 18th 2019, 7:26 pm
  #35  
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Default Re: E2 essential employee visa denied

Originally Posted by Pulaski View Post
That's quite a lot, "essential" IMO means 2-3 people out of 20, not 100%, or even 50% of the employees. The size of the company that is contracting with your employer is irrelevant.

I can't help but wonder if the objection is that the large US corporation is subcontracting to your employer as a way to do an end-run around the limitations (of numbers of visas available) of the H-1B visa program.

It will be interesting to see if in future those people who already have an E-2 are able to renew it.
It’s a very big company has over 50 sites in the US. And maybe becoming worldwide soon in a couple years as they have joined with another company. (Which Donald trump owns some of the sites lol)

And maybe your right I am not sure on that exactly. All I know is that the company need me at a site in the US and they had other people successful through this so I thought I’d pursue it.

i know one of the employees got renewed recently at the end of last year. His story is that he got denied the first time and then accepted the second time but the officer only gave him 2 years and then he came back to do a renewal and got 5 years.
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Old Jun 18th 2019, 9:18 pm
  #36  
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Default Re: E2 essential employee visa denied

Pure speculation, but given the vague description thus far, it might be that the person assessing your application felt it was about time that "skill" that was thus far only trained to people in the UK, could now be trained out to the USA workforce given a critical mass of UK specialists were now on hand. The gradual change in interpretation of Immigration laws will no doubt have helped them come to that decision, if it is even remotely what happened. And yes, since March is entirely possible - they just changed the top dog with a view to press harder.

You seem very coy about giving out any details about the type of work, so lets make this a safe place, I;ll go first. I work in Contact Centre Forecasting & Planning, Business Process Analysis and Project Management, how about you?
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Old Jun 18th 2019, 9:21 pm
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Default Re: E2 essential employee visa denied

oh, and if we don't end up sharing job role information (i'm getting the sense a few people may like to know what it is you do to be able to help you), then if the theory on the reason stands-up (tightening of rules), as it is a human process, a retry may well be a success.
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Old Jun 18th 2019, 9:52 pm
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Default Re: E2 essential employee visa denied

Originally Posted by Lorneo1067 View Post


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.
Do as recommended by your lawyer then if they are so sure.

It has been some time since my Essential Employee application, but I can very clearly remember reading an extensive explanation of what my skills were and their relevance/paramount importance to the business, that our attorney had compiled. This is true for every E-2 applicant we ran through.
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Old Jun 18th 2019, 10:49 pm
  #39  
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Default Re: E2 essential employee visa denied

Originally Posted by robtuck View Post
oh, and if we don't end up sharing job role information (i'm getting the sense a few people may like to know what it is you do to be able to help you), then if the theory on the reason stands-up (tightening of rules), as it is a human process, a retry may well be a success.
The OP had posted about camp counselor / J1 or similar a long time ago, so it’s probably just something like a soccer camp. The UK thing is probably a branding thing with “football” being a UK sport: https://ukelite.com/employment/
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Old Jun 19th 2019, 3:13 am
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Default Re: E2 essential employee visa denied

Intrigued now, certainly the post history provides some colour to the refusal - half the past 3 years have been on J1 Visa's in Summer Camp and then a "trainee" - I can well imagine a rulebook being metaphorically thrown at that being counted in the criteria for the E2, alongside anything pre-18 as well. What can you do in Summer Camp a mere two years ago that would not be known by Americans? Surely in this day an age, football wouldn't support more than the seasonal stuff unless you were a Professional footballer or Coach already.

Rugby maybe? There has been a push on that recently, especially Sevens. Getting that set-up at grassroots level might require some outside knowledge for a while I guess.

Oh hurry-up, Who Dunnit?

Last edited by robtuck; Jun 19th 2019 at 3:16 am.
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Old Jun 19th 2019, 6:31 am
  #41  
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Default Re: E2 essential employee visa denied

More pure speculation: 16-17 suggests a boilerplate application. Maybe the interviewer had seen one too many.
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Old Jun 19th 2019, 12:58 pm
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Default Re: E2 essential employee visa denied

Originally Posted by robtuck View Post
Intrigued now, certainly the post history provides some colour to the refusal - half the past 3 years have been on J1 Visa's in Summer Camp and then a "trainee" - I can well imagine a rulebook being metaphorically thrown at that being counted in the criteria for the E2, alongside anything pre-18 as well. What can you do in Summer Camp a mere two years ago that would not be known by Americans? Surely in this day an age, football wouldn't support more than the seasonal stuff unless you were a Professional footballer or Coach already.

Rugby maybe? There has been a push on that recently, especially Sevens. Getting that set-up at grassroots level might require some outside knowledge for a while I guess.

Oh hurry-up, Who Dunnit?
based on the OP:

”It’s a very big company has over 50 sites in the US. And maybe becoming worldwide soon in a couple years as they have joined with another company. (Which Donald trump owns some of the sites lol)”

Golf maybe?
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Old Jun 19th 2019, 1:41 pm
  #43  
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Default Re: E2 essential employee visa denied

How could Golf or Football have UK specific skills?
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Old Jun 19th 2019, 2:00 pm
  #44  
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Default Re: E2 essential employee visa denied

Originally Posted by Boiler View Post
How could Golf or Football have UK specific skills?
Maybe the OP's Tommy Fleetwood or Tyrrell Hatton.
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Old Jun 19th 2019, 4:43 pm
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Default Re: E2 essential employee visa denied

See, I did think Golf, with the retail and Trump bit thrown in to spice up the challenge of guessing, but what on earth would the Brits be hoping to teach the locals?
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