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How to Write a Winning Business Plan for E2 Visa Program

Are you applying for E2 visa? If YES, here is a sample template on how to write a winning business plan for E2 visa program that is immigration compliant.

What is an E2 Visa?

An E-2 Investor Visa is one that allows an individual to enter and work inside of the United States based on an investment he or she will be controlling while inside the United States. The E2 visa is usually valid for three months to five years and can be extended indefinitely if the holder wishes.

International investors seeking to migrate to the US with the goal of starting their own business may qualify for the E-2 visa. For the investor in question to qualify, he or she needs to come from a treaty country and he has to commit a ‘substantial’ amount of capital towards the business.

This essentially means that the business must have something substantial on ground before the E-2 visa is granted, and since substantial is not defined by the USCIS, in theory there is no minimum. This requirement allows the USCIS or Department of State to grant visas to those investors that are serious about their intentions and are really making a transition.

To demonstrate that all the requirements of the E-2 visa have been fulfilled, US embassies and the USCIS rely heavily on the business plan. They want you to document all your achievements as regards the business.

For most applications, a business plan is required to illustrate key aspects of the E-2 company, including what the business is going to do, how it is going to do it, and when it will accomplish its goals. While developing a business plan may seem like an intimidating idea for most people, it is a crucial step to assembling a strong E-2 application.

Also, a business plan is the best method for cultivating your business idea and developing a deep understanding of what your business is and how it will grow. E-2 visas are often granted or denied based on the quality of your business plan, as many reviewing officers (and especially USCIS) examine the plan to determine whether your business is viable and whether you are serious about running it.

What your E2 Visa Business Plan Should Show

E2 visas are only available to citizens of countries with which the US has a treaty of commerce and navigation. Applicants must be citizens of these countries, they are not allowed to be just permanent residents.

An applicant must be able to prove that he/she has invested (or is in the proven process of investing) a substantial amount in a bona fide US business. An applicant must be able to prove that he/she is entering the US for the sole purpose of developing and directing the specific business being written about.

What Constitutes ‘Substantial’ Investment in a US Business?

For an investor to be granted the E2 visa, one of the requirements is that they make substantial investments on their business. Another way of putting it is that the USCIS requires that the investor’s capital must be at risk in a commercial sense. The investor should be able to prove that the capital was invested with the goal of making profit, and that it can be lost (completely or partially) if the investment fails.

But you should know that for an investment to be deemed substantial is usually based on context. However, there are a few general guidelines that can help an investor know know what the USCIS is looking out for. The following guidelines can help you.

An investment is considered substantial by the USCIS if it can be considered a significant portion of the total cost of purchasing/starting the business in question.
An investment is substantial if it is large enough to prove the investor’s financial commitment to the success of the business.
If it is enough to make it likely that the investor will be successful in his development of the business.
In the case of a startup, an investment must be shown to be enough to start and operate the business.
Although E2 visa applications have been approved and can be approved for investments of less than $100 000 if all criteria are met, a general guideline is that the E2 investment amount ought to be more than $100,000 to be considered substantial.
Finally, it must also be shown that the enterprise that is being invested in is actually a business. This requires proof that the business is an entrepreneurial venture that produces goods or services with the express goal of making profit. The business must not be considered marginal – i.e. it must be proven that the company is making more than is needed to support the livelihood of the applicant and his/her family.

It is also possible to prove that, while the company is not currently generating more than this amount, it has a high likelihood of doing so in the future.

How to Write a Winning Business Plan for E2 Visa Program That is Immigration Compliant

1. description of the business and executive summary.

When writing your E2 visa business plan , you have to start off with the description of the business and your executive summary. The executive summary should introduce the company, its key products and/or services, and the target market for the company’s products or services. The details of the company, such as where and when it was founded, should be included here, as well as the highlights of the company’s key projected metrics.

For E-2 purposes, it is important to focus on data points that prove your company will qualify for the visa, such as how much money it makes and how many employees it will hire (the company should make enough to hire at least three to five employees in a five-year period).

The Executive Summary provides the examiner with a snapshot of your company, and if done properly, will emphasize why you and your company qualifies for the E-2 visa. This is an essential part of the plan and it will be the first (and in some cases the only) thing the examiner reviews.

2. Purpose of Developing and Directing the Business

Having done with the executive summary, you should now state the purpose of the business. You must prove to the reviewers that you are entering and staying in the US for the sole purpose of ensuring the success of the enterprise in which you have invested.

This can be proven if the applicant has 50% or more ownership of the venture. Alternatively, an applicant must be able to prove that he/she is responsible for the day-to-day operations of the business. This will have to be proven with reference to his/her managerial position within the company.

3. Market Analysis

An E-2 compliant business plan should contain a detailed market analysis that studies the conditions of the local market in which your company will compete, identify your company’s competitors, and provide an explanation as to why your company will successfully compete in the local market.

As the data cited in the market analysis section often forms the foundation for your financial projections, it is crucial that you thoroughly develop this section, identifying competitors by name, comparing the relative strengths and weaknesses and comparing the products and business models.

This demonstrates to a reviewing officer that you understand the market that you will be competing in, as well as provides an opportunity for you to further develop an understanding for your company and the marketplace in which it will operate. The market analysis section should also contain a detailed analysis on your target market and prospective customers or clients.

The key is providing as much relevant detail as possible. If you have contacts to tap into, or meetings lined up, present them. Perhaps you already have contracts in place, or signed letters of intent, use these also. The more documents you have, the better.

4. Marketing and Personnel Plan

Your business plan should include a comprehensive marketing plan that describes how the company will make itself known to its target market, and how it intends to engage this market to purchase its products and services. The marketing plan can include standard methods of marketing such as print advertisement commercials, as well as online marketing and the use of a website.

The important thing is that each marketing plan should be tailored to your specific business. If your consulting agency does not use ads to get clients, then it is important to describe how your company secures customers (through networking or referrals, for example).

Yet another crucial part of an E-2 compliant business plan is a comprehensive hiring plan for the next five years of the E-2 company’s operations. The E-2 visa requires that the company hire US workers and provides for more than just a living for the treaty investor and his/her family.

The plan should include a description of each position the company intends to employ, how many employees the company intends to hire, and when they intend to hire them. While there is no exact number of how many employees the E-2 company must hire, it is recommended that the company in question hires no fewer than three, and strive to hire at least three by the company’s third year of operation.

The management structure should allow you as the E-2 visa holder to develop and direct the company, with other individuals performing the skilled or unskilled labor demands of the business. You must be able to demonstrate that you will create jobs within your company for resident workers. How many US jobs will result from your enterprise, what roles will they be and when do you expect they will be created? All these questions must be answered.

5. The Financial Plan

Your E2 visa business plan should also contain your company’s financial plan. This financial plan is the business’s projected financial statements as well as an explanation that provides a basis for the assumptions and figures in the statement. A company’s financial statements consist of a balance sheet, the profit and loss statement, and a cash flow statement.

These statements quantify the company’s history (or in this case, the company’s future) in monetary terms. They provide information that can be useful in making a determination regarding the company’s financial health and future, and are the primary means through which financial information is communicated to the reviewing officer.

It is absolutely crucial that the business plan contains a credible financial plan, as the plan’s strength depends on realistic fiscal plan. Again, the key is providing as much detail as possible as to how the financial plan was developed. This helps to strengthen the plan and also helps an examiner to better understand your business.

6. Business strategy

The plan should provide financial projections and elaborate on how the business will achieve sufficient success and profitability to support you (the investor), your dependents and employees, and create new jobs within the duration of the E-2 visa (maximum 5 years).

It’s important to be realistic. If your application is successful, look ahead to the renewal stage (up to 5 years). When you apply to renew, you will be required to present documentation and figures that show business performance for the duration of the visa, with the expectation that you will have achieved these projections.

In the business plan, you will also need to show you have control and possession of your investment funds. This requires documentary evidence of the source of funds, with a clear paper trail, for example, sale of property or assets, savings, employment income. With no threshold or arbitrary minimum amount, the size of your investment must be considered ‘substantial’ in proportion to the total cost of the business project.

7. Operational strategy

The Embassy will want to understand how your business will actually function in the US. There are a multitude of corporate structures permissible for securing the E-2 visa. You will need to decide which you will operate under. The management specifics of the business will also require detail. You will also be required to provide evidence that at least 50 percent of the business is owned by you, being a citizen of a treaty country.

8. Your skills and experience

A further requirement for an E2 visa is that the business in question be related, connected or relevant to the professional experience, skills or qualifications of the E-2 applicant.

The Embassy will be seeking assurance of your credibility and capability, as well as the viability of the enterprise, and questions would arise at the interview if there is a perceived lack of synergy between your capabilities and the company’s line of work.

Developing a good business plan takes a particular expertise and you should hire a qualified professional to develop your plan. This is particularly the case if you are seeking bank financing and/or applying for an immigration petition.

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E2 visa business plan (what to include).

July 31, 2024

By Nita Nicole Upadhye

Last updated July 31, 2024

If you’re planning to move to the US to start a business, it’s likely you’re looking at the E-2 visa. As well as meeting the many eligibility requirements of the E2 visa, you will be required as part of your application to submit an E2 visa business plan.

A poorly formatted business plan can result in delayed processing, if more information is requested by the adjudicator, or even a refused application if the adjudicator concludes from the business plan that the visa requirements are not met. As such, the business plan is a critical document in establishing eligibility for the E2 visa.

What is the E2 visa business plan?

The E2 visa business plan is a document produced specifically to support your application for an E2 Treaty Investor visa for the USA. The E2 visa carries many requirements in relation to the E2 visa applicant and the E2 company, and the business plan should be used to evidence compliance with the visa criteria.

4- 6 weeks after submitting your application and business plan to the US Embassy, you should expect to be invited to attend an interview. During the E2 visa interview , you will be questioned on the information you have provided about yourself and the business. The business plan will be scrutinized to ascertain the degree of economic benefit your business would bring to the US market. You’ll need to be comfortable being challenged on the content of the business plan, and explaining how you will get the business to an operational stage for the point you would arrive in the US.

What should the E2 visa business plan include?

Put simply, the business plan should set out your company goals and projections, it should detail how your E-2 investment is going to be utilized and it should demonstrate that the level of investment is sufficient to make the business operational and to allow you to meet your growth projections. You will also need to outline the projected economic benefits the company will contribute in the US.

The contents of the business plan will largely depend on the nature of your business, the level of investment being made and the strategies you intend to adopt to make the business viable. Taking professional advice will help to ensure you are providing the adjudicator with the relevant information.

While there isn’t a single winning formula or a prescribed format for the E-2 business case, we know from our years of experience in managing E2 visa applications the key information that can help the visa adjudicator understand how your plans and projections meet the visa requirements. A successful E2 visa business plan would typically cover information about:

The company – whether it is an established or new business, what its activities will be, its projected economic benefits and the strategies to develop the business
The investment – proving it is both ‘substantial’ and with legitimate source of funds
The applicant – evidencing your suitability to direct and develop the business

1. About the E2 company

The plan will need to state whether the E2 company is an established enterprise or a new venture. In either case, you will need prove it is bona fide and legitimate. The business must be an active, profit-making, entrepreneurial undertaking, such as producing goods or delivering services. For example, buying land or property in the US may not in itself qualify for the E2 visa if being used for passive income; there would typically need to be some property management activity requiring you to manage operations on a day-to-day basis,

Importantly, you will also need to provide indication of the number of jobs you intend to create within your company for US resident workers, and any other relevant economic benefits you would bring to the US market.

Consider including the following sections within the business plan:

Financial strategy

With no threshold or arbitrary minimum amount, the size of your investment must be considered ‘substantial’ in proportion to the total cost of the business project. We explain in more detail here about the E-2 investment amount, but put simply – it is a relative test with no defined minimum threshold. It will be for you to make your case and explain why your investment amount qualifies as ‘substantial’ relative to your enterprise and its specific needs.

There must also be an at-risk element to the investment, which again you will need to detail within the plan of investments to date in the business (lease, set up costs etc) and to prove that the business will be operational from day 1 of you arriving in the US.

Operational strategy

The Embassy will want to understand how your business will actually function in the US.

There are a multitude of corporate structures permissible for securing the E-2 visa. You will need to decide which you will operate under.

The management specifics of the business will also require detail. The E-2 visa holder is authorized on the basis of directing and developing the business – what does this mean in practical terms given your corporate structure and personnel strategy?

You will also be required to evidence that at least 50 percent of the business is owned by you, being a citizen of a treaty country .

Personnel strategy

The management structure should allow you as the E-2 visa holder to develop and direct the company, with other individuals performing the skilled or unskilled labor demands of the business.

You must be able to demonstrate that you will create jobs within your company for resident workers. How many US jobs will result from your enterprise, what roles will they be and when do you expect they will be created?

Interestingly, the E-2 visa also allows the business to petition for other foreign employees with the same nationality as the treaty employer. By leveraging this advantage the enterprise could petition for executives, supervisors, or other essential employees with special qualifications.

Marketing strategy

How will you approach marketing within the US? Document your plans including budget and personnel requirements for marketing activity.

Do you have contacts to tap into, or meetings lined up? Perhaps you already have contracts in place, or signed letters of intent? Clearly, the more solid these lines of activity, the better for your case.

2. About the E2 investment

You have to be clear on the level of investment made in the E2 company and why this level is appropriate and compliant with the visa conditions of being “substantial” and “not marginal”.

The investment sum must be shown to be reserved and available for use by the E2 company, and the source of funds will also need to be given to prove it has been lawfully obtained.

3. About the E2 applicant

You will need to show that your role within the business is to direct and develop, whether as an established or existing enterprise, and that you own at least 50% of the company. The investment sum must be in your possession and have been legitimately obtained. You must also be able to show that the investment carries financial risk personally for you.

You will need to prove your intention to live in the US while you carry out these activities and to leave the US when your visa expires (although you may apply to extend the visa).

A further requirement is that the nature of the business is, in some logical sense, related, connected or relevant to the professional experience, skills or qualifications of the E-2 applicant, ie that you have the ability to successfully direct the company.

The Embassy will be seeking assurance of your credibility and capability, as well as the viability of the enterprise, and are likely to question at interview where there is a perceived lack of synergy between your capabilities and the company’s line of work.

Need Assistance?

The business plan is a challenging part of the E-2 visa application process, but critical to get right. Remember, planning for growth will be central to your E2 visa business plan. Typically, the Embassy is looking for steady enterprises achieving growth, and you need to be able to demonstrate how your business meet this. There’s also the risk of including too much information – aim for thorough but succinct!

You will also need to ensure you follow any instructions from the E visa unit that is processing your application, as many have specific formatting requirements for business plans. We can advise on such requirements.

NNU Immigration are US attorneys with specialist expertise in the E-2 visa , helping entrepreneurs, business owners and investors realise their ambitions for growth in the US.

If you have a question about an E-2 visa application, including the E-2 visa business plan, contact NNU Immigration and speak with one of our attorneys.

E2 visa business plan FAQs

What is the purpose of an E2 visa business plan?

An E2 visa business plan is a crucial document that demonstrates the viability and potential success of your business in the US It helps USCIS assess whether your investment and business meet the requirements for an E2 visa

How detailed should my E2 visa business plan be?

Your business plan should be comprehensive and detailed covering all key aspects such as financial projections market analysis operational strategies and job creation plans It should clearly show how your business will succeed in the US

Do I need to include financial projections in my business plan?

Yes financial projections are a critical part of your business plan They should include revenue forecasts profit margins and cash flow analysis to demonstrate the financial viability of your business

How much investment is considered substantial for an E2 visa?

There is no specific dollar amount defined as substantial by USCIS However the investment must be significant enough to support the business’s start-up and operational costs and ensure its successful operation

Can I write my E2 visa business plan myself or should I hire a professional?

While you can write your business plan yourself many applicants choose to hire a professional to ensure that the plan meets all the requirements and is presented in a clear organized and persuasive manner

Can I modify my business plan after submitting it to USCIS?

Once your business plan is submitted as part of your E2 visa application any significant changes to your business should be communicated to USCIS Modifications may require submitting additional documentation

What happens if my E2 visa business plan is rejected?

If your business plan is rejected it could affect the outcome of your visa application You may need to revise and resubmit the plan addressing any issues or concerns raised by USCIS It’s advisable to seek professional advice if this occurs

Do I need to include a job creation plan in my E2 visa business plan?

Yes your business plan should include a job creation plan that outlines how your business will create jobs for US workers This is an important factor in demonstrating the economic impact of your business

What type of business is eligible for an E2 visa?

Most types of businesses can qualify for an E2 visa as long as they meet the necessary requirements including being a legitimate enterprise having substantial investment and being able to generate income and create jobs for US workers

How much investment is needed for E2 business visa?

There is no set threshold or investment amount for the E2 business visa, however, the requirements are that the investment is “substantial”, which will be assesed taking into account the nature of the business activity, its industry and other factors deemed relevant.

What is an E2 compliant business plan?

The E2 business plan should show how your E-2 investment is going to be utilized, with insight into areas such as the business’ financial, personnel and marketing strategies.

Can I work for another company on an E2 visa?

E2 visa holders are only permitted to work for the E2 company.

What are the disadvantages of E2 visa?

The main disadvantage of the E2 visa is that it does not lead to a Green Card or permanent settlement in the US, although there are no restrictions on the number of times the visa can be extended, provided the visa holder remains eligible.

Nita Upadhye

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, ( The Legal 500 , Chambers & Partners , Who's Who Legal and AILA ) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader , immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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This article does not constitute direct legal advice and is for informational purposes only.

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