Tag Archives: eb5 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.

EB-1 Visa Green Card Information

To properly keep track of the different types of people who want to immigrate to the United States, the government allows for people to apply for a variety of different visas. One group of visas, the employment-based visas, have several categories in themselves. The group that is potentially most desirable to the government is first preference individuals.

Employment-based visas, or EB visas, are divided up into five levels. First preference individuals are given EB-1 status, while fifth preference immigrants have EB-5 visas. It is important to note that EB-5 visa holders are still important to the United States. EB-5 is for immigrant investors, or people who plan to come to the U.S. to start a new company that will open up at least 10 full-time jobs. This can give a much-needed boost to the economy.

First preference individuals are characterized by worldwide acclaim or other internationally recognized work or importance. The U.S. allows three groups of people to seek EB-1 visas: those with “extraordinary abilities,” as well as “outstanding professors and researchers,” and “multinational managers or executives.” For each of these groups, you must meet certain requirements proving that you have the global impact necessary to elevate you to first preference status.

To display extraordinary ability, a person must show that he or she has won an important achievement award such as an Oscar or Pulitzer. If the person has not earned one of these awards, he or she must show that he or she has met other requirements. For a person applying for first preference EB-1, no offer of employment from an American is necessary. However, for those applying as professors, researchers, or executives, you must show an offer of employment or have the employer petition for you. Additionally, if you are a professor or researcher, you must have examples of published work or prizes won, among other things.

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Garg & Associates
Orange County immigration