Dsgrid

Hi All!

Timeline:

• E2 success 1 (2016) - Joined a British firm with US operations and successfully transferred over as an E2 as essential employee (senior recruitment consultant role, degree educated, 5 years in field, no criminal record etc.).
• E2 success 2 (2017), I happened to lose my passport in the US which meant I had to return to the UK to apply for a new E2 which after explaining the situation, was also successful
• E2 rejection (Late 2018) I accepted a larger role with a smaller British employer whom also had US ops in the same field. I returned to the UK to spend time with the new employer before a new E2 application and this time I was rejected at interview due to (214(b), not having demonstrated ties to my treaty nation.

After 8 months of working with my US clients from the UK, what could be improved and what are my chances?

1) Go for another E2?
2) Apply for the B1?

Other points

• B1 could be sufficient for the next 6 months or so, as long as I can enter 1-2 weeks at a time to meet clients etc).
• I was born in one of the countries on trumps ban although raised in the UK from 1 years of age. I had visited my country of birth multiple times although all prior to my first E2.
• The first two successful E2 attempts were under Obama, the 3rd was under Trump during the midterm election. My US based attorney believes there may have been underlying prejudice and that during elections there may have been more denials
• I don’t have a mortgage though I spent my whole life in the UK, studies etc. and my immediate family live in the UK, own property and are practicing professionals.

New here so feel free to suggest if I missed something. Happy to elaborate or answer any queries.

Thanks in advance

civilservant

You already have an immigration attorney, their opinion is (should be) far more proficient than ours.

Unless you have substantially stronger ties to the UK now then you did before, you're heading for another denial IMO. Not owning property is not helping you in that regard.

retzie

Hi Dsgrid, welcome to the forum

Would your role suit an L-1? You have almost been working for your new employer for long enough (12 months).

scrubbedexpat099

What are your ties to your treaty nation?

shiversaint

As has been said before in other threads, for the majority of E-2 renewal applicants, demonstrating ties is exceptionally difficult, if not impossible. I have heard similar murmurings on the administration from attorneys around rejections like this.

There's no way to tell if you'll be accepted now. In my opinion the B-1 looks more desperate - willing to accept any visa etc. If you are truly an essential employee then the E-2 should be easily justifiable. Your attorney is the best one to advise on how you can demonstrate ties in your situation - I don't think there's any knowledge on this board that can help you with that. It would be exceptionally helpful to hear how you do go about it though, so report back if you go ahead.