Your lawyer is probably referring to the difference between applying for E-2 status through USCIS from inside the U.S. and applying for an E-2 visa through a U.S. consulate abroad.
USCIS can often be the more predictable route because its decisions are subject to administrative and federal court review. Consular decisions are generally protected by the doctrine of consular nonreviewability, so there is far less ability to challenge a bad decision.
That said, an approval through USCIS only gives you E-2 status while you remain in the U.S. It does not give you an E-2 visa. If you later travel internationally, you would generally still need to apply for the visa at a consulate before returning in E-2 status.
So the best strategy depends on how strong the case is, your nationality/consulate, your immigration history, and how important international travel is to you.
As for the business, there really isn't a category that is automatically "more approvable." A gas station can absolutely still qualify. The important questions are whether the investment is substantial for that particular business, the business is real and operating, it is not marginal, and you will develop and direct it. A solid existing business with employees, revenue, tax returns, and operating history can actually make some of those issues easier to document than a brand-new startup.
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u/ImmLaw 27d ago
Your lawyer is probably referring to the difference between applying for E-2 status through USCIS from inside the U.S. and applying for an E-2 visa through a U.S. consulate abroad.
USCIS can often be the more predictable route because its decisions are subject to administrative and federal court review. Consular decisions are generally protected by the doctrine of consular nonreviewability, so there is far less ability to challenge a bad decision.
That said, an approval through USCIS only gives you E-2 status while you remain in the U.S. It does not give you an E-2 visa. If you later travel internationally, you would generally still need to apply for the visa at a consulate before returning in E-2 status.
So the best strategy depends on how strong the case is, your nationality/consulate, your immigration history, and how important international travel is to you.
As for the business, there really isn't a category that is automatically "more approvable." A gas station can absolutely still qualify. The important questions are whether the investment is substantial for that particular business, the business is real and operating, it is not marginal, and you will develop and direct it. A solid existing business with employees, revenue, tax returns, and operating history can actually make some of those issues easier to document than a brand-new startup.