Skip to ContentSkip to Footer

How to Write an E-2 Visa Business Plan

Posted on July 16, 2022
|
By Heather Beliles, M. Ed.

Whether the business is a new one, is already functional or is being purchased, the purpose of the business plan is to project and summarize the next five years of operations. In this post, we will discuss how to write an E-2 Visa business plan so you can have confidence when preparing for an E-2 visa.

This post will highlight three main categories – the E-2 applicant, investment and the business. This is to address the fact that the official who reviews the application is not familiar with the individual, their investment nor their enterprise, and uses this to determine E-2 visa eligibility.

When writing an E-2 visa business plan, the overall theme should answer specific questions like the following:

  • How will this business enterprise benefit the United States economy?
  • How many jobs will be created because of the presence of this business?
  • Is the applicant capable of directing the business enterprise?
  • How can the contents of the proposal demonstrate the investor’s personal finances reserved for the business are considered “at risk?”
  • Does the enterprise meet the proportionality test?

Writing an E-2 Business Plan

The E-2 visa business plan is the time for petitioners to provide true, yet convincing information to immigration officers about their enterprise. The plan should also demonstrate how the venture is a real business, or truly will be operating in the near future.

Applicant

  • Has established and is directing, or will establish the business as outlined in the application
  • Has the intention to reside in the U.S. through the duration of their E-2 visa
  • Has the intention to leave the U.S. upon their visa expiration (unless they wish to renew)
  • Proves personal funds were used for the investment
  • Shows proof of credibility 
  • Owns 50% or more of the business
  • Demonstrates the capability to direct the business

Investment

  • Is proven to have been reserved for the E-2 business
  • Evidence the source of funds came about by legal and good-faith means
  • Demonstration that the amount invested is substantial
  • Must meet the proportionality test requirements

Business

  • Being purchased, is already functional or is a brand new one
  • Must be a bonafide enterprise
  • Will employ U.S. citizens

Simply put, E-2 visa petitioners must account for everything he or she is proposing in both their application as well as their business plan, by providing a detailed history of their business. 

Furthermore, the foreign investor must demonstrate how they are fully qualified, as well as capable, to develop and direct the business. And that they have invested (or will soon invest) a substantial amount of their own capital into a true and lawful business. As such, he or she must be able to prove their main purpose for entering the United States is to direct the enterprise. Equally as important, the applicant must give an explanation about how the presence of the business will benefit the U.S. as well as create jobs for the citizens.

Who Reads the e-2 Visa Business Plan?

The United States Citizenship and Immigration Services officers, and/or consular officers who read the E-2 business plan. There are no interviews with the officer reading the business plan, and the communication between the foreign investor and the officer is quite limited. For this reason, it is extremely important the applicant include all of the necessary information in their plan. 

Conclusion of How to Write an E-2 Visa Business Plan

Foreign investors looking to open (or purchase) a business in the United States via an E-2 visa  must include a business plan with their visa application. The plan summarizes the next five years, including financial projections, and is a detailed overview regarding the petitioner, the investment and the enterprise. 

The business plan is how the U.S. immigration official will learn about the venture. Though the requirements are quite strict for foreign investors, United States Citizenship and Immigration Services officers use the business plan to decide whether the applicant and their business venture qualifies for an E-2 visa

It is crucial the applicant expresses his or her purpose for developing the business as well as their level of capability of directing it. He or she must also prove how their investment demonstrates their commitment to the success of the enterprise.

The investment must be demonstrated to have been put at risk during the establishment of the business. Additionally, all capital must be shown to have come from a legal and bonafide source, and shown to be reserved solely for the investment. 

The last main subject in the business plan is the enterprise itself. The E-2 visa applicant must also prove that the venture is a bonafide one. The foreign investor must also make a case for how their business will benefit the United States economically. Such plans should entail the number of jobs that will be created because of the business’ existence, as well as the value the products and/or services will bring to the consumers. The business plan should speak to the sustainability of the business.  

It is the USCIS and consular officers who read the business plans. As they do not interact with the applicant, it is crucial that all necessary information is presented in the first application. The officers do not communicate with theforeign investor oher than a written response after he or she has reviewed the case.

Frequently Asked Questions About How to Write an E-2 Visa Business Plan

My business is not generating any income yet, how can I write about a business that doesn’t exist yet?

Though the company may not be fully functional yet, the applicant should be able to project future financials and the probability of the business being marginal. Such information should be further explained in the business plan.

I will be establishing a startup business in the United States, what is needed in order to demonstrate that my investment is sufficient?

Some main factors to consider are whether the investment is substantial, if there is a strong forecast of how much it will cost to develop and operate the business, the sustainability of the startup, and if it passes the proportionality test.

Is the E-2 visa business plan the same as any other business plan?

While it is essentially the same, an E-2 visa business plan must include a more extensive history about the petitioner/business owner, the background of his or her investment funds and how the business will be beneficial to the United States.

I am planning on opening a business in the United States, am I required to write the business plan myself?

No, not at all. Oftentimes investors seek the assistance from highly professional business plan writers who specialize in writing E-2 visa business plans. In this case, the writers would need as much information from the applicant as possible, so they can put together the business plan in the format necessary.

cross