A denial of your E-2 change of status after your I-94 (visitor status) has expired can result in immediate immigration consequences. You may be considered out of status and could begin accruing unlawful presence, which may affect your ability to return to the United States (U.S.) in the future.
This article explains what this means, outlines the next steps to take, and provides guidance on how to avoid common mistakes in the future.
What the USCIS Checks Before Making a Decision
The United States Citizenship and Immigration Services (USCIS) reviews whether you were still in valid status when you filed your application. If your I-94 expired before the USCIS received your change of status request, you were no longer eligible to apply from within the U.S.
Even if you filed before your I-94 expired, a denial still places you out of status immediately. At that point, unlawful presence begins unless you hold another valid status. If you remain in the U.S. for more than 180 days without status, you may face a three-year reentry bar. More than one year of unlawful presence can lead to a ten-year bar. Your B-1/B-2 visa or Electronic System for Travel Authorization (ESTA) may also be cancelled.
Why Legitimate E-2 Applications Still Get Denied
The USCIS may deny your application for reasons such as:
- The business is not active or lacks clear evidence of operations
- The investment is too low, or the source of funds is not properly documented
- Important forms or supporting materials are missing or incomplete
These problems are often preventable with early preparation and a solid filing strategy.
If You Are Now Out of Status, Here Is What to Do
If your I-94 has expired and your change of status was denied:
- Leave the U.S. as soon as possible to stop accruing unlawful presence
- Apply for the E-2 visa through a U.S. consulate in your home country
- Consult an experienced immigration attorney to help you plan the next steps carefully
How to Prepare Better for Your Next Application
Avoiding this situation in the future starts with good planning:
- Track your I-94 expiration date at i94.cbp.dhs.gov
- Begin preparing your application at least two to three months before your status ends
- Submit strong evidence of your business activity, investment amount, and source of funds
- If timing is tight, consular processing may be a safer choice than applying from within the U.S.
If your E-2 application was denied after your status expired, there may still be a way to continue. Taking the right steps now can help you avoid further issues and prepare for a new application outside the U.S.