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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.

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Why US Congress Would Be Foolish To Pass Anti-Immigration & H-1B Visa Bill

I have read many articles in recent times since what is an anti-immigration and anti-H1B visa (and L-1 vis) legislation was submitted for debate in the US Congress.

The crux of the legislation is the ludicrous notion that 65,000 annual H-1B visas out of a workforce of over 150 million people (CIA figures) have helped be a major cause of the mass unemployment in the US. This equates to 0.4% of annual labor.

Then when you consider according to NASSCOM (National Association of Service and Software Companies), the average foreign engineer on H-1B visa only stays in the US for 2 years which is not even the full term of an H-1B visa which is 3 years.

Suddenly you see how ridiculous all this is and the arguments put forward by Senator Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) like;
“Some claim that the H-1B program helps to create American jobs, but it is currently being used by some companies to outsource American jobs to foreign countries.”

are all just an anti-immigrant and H-1B visa ruse to distract the US public from who is really to blame for the current  economy.

1. US Politicians who were in bed with corporate America and taking their kick backs, campaign contributions and gifts and providing little or no oversight over mass corruption and breaking of the law

2. US Corporations headed by US Executives (mainly in banking and financial sector) who engaged in practices that would mildly be described as extremely reckless while profiting individually regardless of the damage to their own companies or the general public who engage with them and economy as a whole

3, US Consumers for entering into mortgages they could not afford and racking up tens of thousands of dollars in credit card debt.

It almost reminds you of that Simpson’s episode where Mayor Joe Quimby distracts the public blaming the high taxes on immigrants and the public believes it. The sad thing today is that this is real life and not an animated cartoon on Fox.

For arguments sake lets suppose there proposition that the H-1B visa and immigrants are really taking jobs away from US citizens are argue that statements on its own merits by looking at the facts.

Duke & Harvard University Researcher Vivek Wadhwa who did a study for the Kauffman Group found:

  • Half of all Silicon Valley engineers are foreign born, up from 10 percent in 1970, where US innovation for the last 4 decades has stemmed from Apple and Microsoft to Yahoo and Google
  • About 40 percent of all U.S. patents go to immigrants.
  • These immigrant-founded companies employed 450,000 workers and generated $52 billion in revenue in 2005.

To  go further if that does not convince somebody Yahoo, Google, Sun, Intel, Audiovox, Qualcomm, and eBay – were founded and led by immigrants whose successful companies today employ hundreds of thousands of Americans.

Imagine if all those brands were Chinese, Indian or Heaven Forbid to many Americans, even Arabic where many of these hard working entreprenuers and innovators are from. Would the US even be in it’s top place in the world today?

The study also found that many of the highly educated foreigners who came to the US for undergraduate, graduate and PHD degrees to the top universties in the US paying hundreds of thousands of dollars in fees and spending each are chosing to return home because of the difficulty in obtaining an H-1B visa & more alarmingly the greater entrepreneurial opportunities back at home.

The New York Times recently profiled a young engineer for Google, Sanjay G. Mavinkurve, an Indian-born, American-educated entrepreneur who helped write the code for a website that would become Facebook. But now, Mr. Mavinkurve, who once proudly displayed an American flag in his college dorm room, must work in Canada because visa rules make it impracticable to move his wife and family to the United States.

Let me leave you with these final thoughts;

  • When Google built their moster Googleplex in Silicon Valley that seems to grow every day, how many American contruction companies and contractors built, extend and maintain that facility every day.
  • When the tens of thousands of Yahoo employees in Burbank go out for lunch each day to local eateries owned by hard working small businesses owned by Americans, how many US families does that feed.
  • At times like the upcoming Mother’s Day or Christmas, when millions of people all over the world purchase off eBay.com and eBay collects all that fee/commission revenue flowing into the US and then pays say 30% tax on their profits, how many roads does it build, young children does it feed and healthcare does it provide for (including Senator Durbin and Senator Grassley!!)

President Obama has signalled he doesn’t want the US to become an inward, protectionist nation. Well lets hope for all US citizens that holds true and this legislation does not pass as it would the first big dagger into US innovation and supremacy leading the world!

CJ

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