The Importance of a Well-Drafted Business Plan in L1, E2 and EB5 Visa Matters

The United States government expects to see a well-drafted business plan as support for applications in both the E Treaty Visa category and the EB5 Immigrant Entrepreneur category. Additionally, USCIS often kicks back a request for a feasibility study in L1 “New Office” petitions, which is something that is normally included in a well-drafted business plan. Hence, it stands to reason that inclusion of a well-drafted business plan is essential as supporting documentation in an L1 “New Office” Petition.

As evidence of the critical importance of a well-drafted plan is the fact that the United States government frequently denies L1 visa, E2 visa and EB5 visa petitions and applications due to their lack of a plan that is both comprehensive and credible.

Business plans that are not comprehensive and are more in the nature of a summary or overview of the business are generally not acceptable for L1 visa, E2 visa, and EB5 visa purposes. Instead, in any one given case the United States government expects to receive and review a quality product that, at minimum:

a.) Fully describes the enterprise, its products and services;

b.) Analyzes the market in detail, including potential customers and competition;

c.) Outlines a marketing strategy;

d.) Projects sales, costs, and income over a period of 5 years, showing the basis for these projections; and

e.) Presents complete details regarding the enterprises organizational structure, including complete job descriptions and a staffing timetable.

In short, the United States government expects to see a business plan that is as comprehensive as one that would be presented to a bank for purposes of seeking funding. Therefore, it is strongly recommended that one seek the services of a professional who is familiar with the relevant immigration regulations to draft ones plan if one hopes to stand a strong chance at success in an L1 visa, E2 visa or EB5 visa petition or application.

When selecting the right firm to draft a visa-specific business plan, a company or investor should seek out a firm that possesses both experience in the writing of bespoke business plans as well as the appropriate legal expertise to tailor the plan to the specific requirements of the L1 visa, E2 visa or EB5 visa categories.

To ensure that all the required elements of a well-drafted business plan will be covered to the satisfaction of the United States government, the company or investor should satisfy themselves that all of the following services will be covered by the fee that they will be paying for the business plan writing service:

a.) Setup of business plan according to target visa category;

b.) Gathering of information and documentation regarding company ownership, objectives and mission;

c.) Working with business owner to determine concise statement regarding company’s success formula;

d.) Work out with owner the visa-appropriate management and staffing plan (i.e., executive/management mix for L1 visa; marginality avoidance for E2 visa; creation of 10 full-time positions over a 2-year period for EB5 visa;

e.) Draft an easy to read service summary;

f.) Collaborate with client to create feasibility study, which covers target market, customer/client potentiality in geographical area (with growth projections), and competition analysis;

g.) Gather financial information to draft financial plan and Tables, including Start-up Summary (as applicable), Sales Forecast, Operating Expenses, and 5-year Projections.

Once the business plan has been developed into its penultimate draft, it should undergo a final review by the responsible immigration attorney to secure an opinion as to the viability of the plan, from a financial perspective. (Obviously, if the responsible immigration attorney is drafting the business plan, his or her opinion will be rendered simultaneously with the creation of the penultimate draft.) Once the responsible immigration attorney has rendered his opinion that the plan is fiscally viable, the plan can be finalized and signed off for inclusion in the visa application package.

 

Guest Post Author

Copyright 2011, Ortega-Medina & Associates Limited. All Rights Reserved.

Green Card Lottery Opens October 4, 2011 (DV-2013 Diversity Visa Lottery)

It is here again for another year, the Green Card Lottery! This is a big opportunity for many people around the world as perhaps their only chance to establish permanent residency in the United States to live and work freely because they may not qualified or have the funds and means to obtain another US visa.

IMPORTANT: (DV-2013) Green Card Lottery or it’s official title Diversity Visa Lottery is completely FREE to enter!

So do not think that you have pay as their are many sites out there that charge a fee saying they wil enter you multiple times over many years, ensure your application is correct and enhance your chances of winning as well as pay for your ticket over here partially or in full if you win.

The Lottery is run by the US Government and is very simple application for the most part with just basic details required along with a digital photo. More official information can be found at the official Green Card Lottery Information area of the US State Department.

This year the online lottery will run from October 4, 2011 to November 5, 2011 and if successful you will be notified via a formal letter as well as be able to check online between around May to July in 2012. These dates of announcement will be formally confirmed later The dates of the Green Card Lottery entrance period are fixed so get your entry in early to ensure you do not miss out or leave it to the last minute and risk any issues with site outages. Following an interview at the US Consulate you will then be able to enter the US in the 2013 Immigration year in their calendar which begins on October 1, 2012.

Official instructions and eligble countries are yet to be announced for this year but if you read our Diversity Visa Lottery Instructions you will get a pretty good year about a lot of this as it doesn’t change that much

The green card lottery winners (diversity visa lottery) winners have been announced for Dv-2012 held online from October to November in 2011 twice in May and then again in July due to a computer glitch which we documented. So it is our hope for everyone that the false hope that many received in May 2011 when checking their results online is never repeated.

You should note that being selected as a winner does not guarantee you a green card as you must pass some additional criteria as well in the application process. The actual DV-2013 visas to enter the US will be issued between the period of October 1, 2012, and September 30, 2013. Applicants must obtain the diversity visa or adjust status by the end of the fiscal year.

Unfortunately those who missed out on the green card and permanent residency will NOT receive any notification but for the second year running, you will be able to check the status of their entry through the E-DV website. You MUST keep the confirmation page information from when you entered the DV Lottery

Between April and July 2012 results should be sent out to the lucky applicants with an official letter from the U.S. Department of State Kentucky Consular Center in Williamsburg, Kentucky. All notifications are by mail to your nominated address and you should note that there is NOT any email notification. It seems like already people have started receiving their winning letters so hopefully this will be the case for all of you that read this post and applied!

The notification letters will have additional instructions, including information about additional forms and other documentation required as well as immigrant visa application fees.

A couple of additional points to note.

1. Be patient with receiving the 2nd letter if you have received the first as sometime the mail is slow. The only people that you can contact that will give you any insightful information if you are a winner and received the first letter is the KCC.

2. Check the US government websites to see the current dates for your number if you are a winner

3. If you were a child on a winner’s application and since turned 21 after being 20 at the time of application, you are still eligible as your age is frozen. However you must take up the green card within a year as otherwise you will be ineligible

4. High School education or its equivalent as per the requirements of the primary applicant means the successful completion of a twelve year course of elementary/primary and secondary education in the U.S. or successful completion in another county of a formal course of elementary/primary and secondary education that is comparable to the US 12 year education system.

5. If you are currently residing in the US on another non-immigrant visa, you are able to adjust your status within the US if you are a winner

Good Luck

CJ