Dismissed
E-2
E-2 Dismissed — Business (2022): the AAO lacks jurisdiction over denials of E-2 Treaty
Decision Summary
The appeal was rejected because the AAO lacks jurisdiction over denials of E-2 Treaty Investor applications for extension of stay. Per regulations, an E-2 filing is considered an application, not a petition, and 8 C.F.R. § 214.1(c)(5) explicitly states that there is no appeal from the denial of an application for extension of stay on Form I-129.
Criteria Discussed
Appellate Jurisdiction Application Vs. Petition 8 C.F.R. § 214.1(C)(5) Appeal Rights For Extension Of Stay
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more E-2 decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →