Tag Archives: eb5

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.

Green Card Sponsorship, Visa Numbers & Preferences

Immediate relative petition

An immediate relative petition is for U.S. citizens who are interested in sponsoring one of their immediate relatives to come and live in the U.S. Immediate relatives include:

• Spouses;
• Parents; or
• Children who are under 21 years of age and unmarried.

When you file an immediate relative petition your relative will not have to wait for a visa number. If he or she is outside the U.S. they will be given a visa number immediately. If your relative is already inside the U.S. he or she will be allowed to apply to adjust his or her temporary status to “permanent resident” as soon as the petition is approved.

Preference petition

A preference petition can be filed by:

• A U.S. citizen on behalf of an unmarried adult child (21 years of age or older);
• A legal permanent resident for a spouse, unmarried child (under 21 years old), or unmarried adult child (21 years old or older); or
• An employer on behalf of an employee.

Unlike an immediate relative petition, the person for which the petition is being made must wait until a visa number is available. As there are a limited number of people who are entitled to enter the U.S. each year through the preference petition program, the application may take some time to process. Processing times will vary according to the applicant’s preference category.

Preference is given in the following order:

• First Preference: Unmarried, adult (over 21 years old) children of U.S. citizens;
• Second Preference: Spouses of lawful permanent residents and unmarried children (regardless of age) of lawful permanent residents and their children;
• Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children;
• Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children.

Preferences based on employment are issued in the following order:

• First Preference: Priority Workers including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers;
• Second Preference: Members of Professions Holding Advanced Degrees or Persons of Exceptional Ability;
• Third Preference: Skilled Workers, professionals and other qualified workers;
• Fourth: Certain special immigrants including those in religious vocations;
• Fifth: Employment Creation Immigrants.


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USA Immigration Support