Tag Archives: e-2 visa

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.

 

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

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E-2 Visa Information & Application Process

Visas are mere entry documents and are usually issued for various categories. Basically without migrating to the US, it is buying an entry to the US. E2 visa is an Investor visa and is considered as a non immigrant visa which allows one to live and work in the US based on the investment. This in turn will help one to contribute to the economy of the US.

Qualifications for an E2 visa:

Each visa category requires certain qualifications to be met. The qualifications required for E2 visa are as follows:

  • You have to be a national of a treaty country which means the country maintains the commerce and navigation with the United States for the E2 visa purposes.
  • Your investment must be sufficient enough to operate the enterprise though it is on the higher side or low side
  • Your investment should be a true operating enterprise rather than passive investment which does not qualify.
  • Your investment should have the capacity to generate more income and have a substantial impact in the US
  • You should have a control of funds and should bear the risk of investment

The E 2 treaty visas generally allow bilateral agreement with the foreign nationals and the US with a substantial amount invested by the foreign nationals which will help in the development of the enterprise. The E2 visa is beneficial in many ways like:

  • You can work in the US legally.
  • With a valid E2 Visa you can travel freely in and out of the US.
  • By maintaining a valid E2 visa you can stay for a long time with unlimited two year extensions.
  • You can bring your spouse and children who are your dependents to stay with you in the US.
  • Your spouse can apply for work by filing for an Employment Authorization Document.

The individuals having the E2 visas can also do the following:

  • Substantial investment on an already existing US enterprise.
  • Directing and developing the enterprise in which they have invested.
  • Direct and develop investments from the treaty country.

Regardless of the nationality, the spouse and the unmarried children who are below the age of 21, will receive derivative E2 visas to accompany the principal alien. The E2 visas are generally applied at the US Consulate or the Embassy having the jurisdiction over the place of the permanent residence. Generally an interview is conducted by the embassy as a part of the application process. Individuals who are less than 13 years of age and more than 80 years of age are not required to take the interview. The E 2 visa application process varies from place to place. Before submitting the application the requirements should be reviewed.

Generally the treaty visas are issued for four to five years. These visas can be extended for an unlimited number of times depending on the investments and will be reissued for an additional five years if required. The E2 visa treaty visa will not allow you to permanently stay in the US.


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Immigration Direct is not legal advice site, but its a place for all immigration related issues. Where in you can fill the forms on Visa( Green card Renewal, Naturalization, Student Visa, Work Visa, Tourist Visa,  Affidavit of Support Form many more) online. We will make sure your form is 100% error free, before you submit to USCIS.

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