Dismissed
E-2
E-2 Dismissed — Small Business (2022): the AAO lacks jurisdiction over the denial of an E-2 treaty
Decision Summary
The appeal was rejected because the AAO lacks jurisdiction over the denial of an E-2 treaty investor application. The decision clarifies that E-2 status is conferred via an application, not a petition, and federal regulations explicitly state there is no appeal from a denied application for a change of status or extension of stay in this category.
Criteria Discussed
Appellate Jurisdiction Application Vs. Petition Appeal Rights For Change Of Status Appeal Rights For Extension Of Stay 8 C.F.R. § 214.1(C)(5) 8 C.F.R. § 248.3(G)
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