Foreign companies investing in the United States create jobs and opportunities and help grow the economy. The country thrives off innovation from these foreign companies, but the obstacles faced by E visa-eligible companies looking to establish operations on U.S. soil can significantly hinder progress.
E visa companies that successfully register with the embassy can sponsor qualifying employees such as executives, managers, or essential skilled employees to come into the country and contribute to the operation of the business. The hurdles come when the very first employee files for an E visa.
E Visa New Company Registration Timeline
The first employee applying for an E visa with a company in the U.S. needs to go through the E visa new company registration process. When submitting the application and company registration to the overseas U.S. consulate, the process can take approximately six to twelve weeks to review by the U.S. embassy.
Three months is a long time in business. The employee who filed the application may need to enter the U.S. to meet with new business partners and members of the U.S.-based staff in the meantime. That individual has a valid passport, so this would not be an issue if it were not for the way these applications are maintained by internal systems.
Embassy Policy Marks Ongoing Applications as Denied During Review
When the U.S. Embassy receives an application for new company registration, they indicate in their internal system that the visa has been denied. This is because their policy requires action once a filing fee and application have been submitted.
Their system does not have a “pending” status or similar option, so denial is the default. When the applicant attempts to enter the U.S. during review, the USCBP agent will see in the system that they have a declined visa application. The system does not show any additional information, such as pending E visa new company registration pending. This forces the applicant into secondary inspection which means they will be interrogated as to why the visa was denied and why are they seeking to enter the U.S.
Well-meaning people who are investing in the U.S. and are simply traveling with a valid passport should not be faced with interrogation simply because of a faulty systematic issue. An applicant would need to inform officials of the circumstances and hope they do not just get sent back home.
Recommendation: Avoid Travel During New Company Registration Review
Our best recommendation until this antiquated system is modernized is to avoid travel during the review process. This may hinder business operations, so you should only travel if it is absolutely necessary and if you are confident you can properly argue your case with USCBP officers.
If you are denied entry, this puts a permanent refused admission on your record which can complicate future travel to and from the U.S. At Valvo & Associates, we help individuals and businesses navigating these situations, understand their options, and can help you with the interrogation process if you ultimately decide to enter the U.S. during a registration review. Contact our team for assistance with all aspects of the E visa new company registration process.