Business plan for a US visa: E-2, L-1 and EB-2 NIW

Immigration officers read a business plan differently from an investor. The consul and USCIS don't care about returns; they check specific visa conditions: whether the investment is enough, whether there will be a managerial role, whether the applicant can move the project forward.

What each visa checks

E-2: a five-year projection

For a new business the consul asks for five-year financial projections backed by a detailed plan. From them he judges whether the investment is sufficient and whether the business will turn out “marginal”, unable to earn more than a minimal living for the family. Russians should remember that the E-2 is only open to nationals of a treaty country.

L-1 new office: the first year

The rules at 8 CFR 214.2(l) require a description of:

• what the office will do, its structure and financial goals;
• the size of the investment in the US;
• the foreign company's ability to pay the manager and start the business;
• the structure of the foreign company.

The first petition for a new office is approved for no more than a year. To extend it, the company shows its staff and their pay, its financial position and that it has done business for the year. The full route to a green card is in the article on the EB-1C via L-1A.

EB-2 NIW: a plan plus evidence

USCIS assesses whether the applicant is well positioned to advance the project and names a detailed plan among the possible evidence. But it warns plainly: the plan explains the goals, and independent documents must back it up. That means expert letters, contracts, investment, patents and past results.

What goes into the plan

For all three visas the plan answers the same questions: what the company does, who it sells to, how much has been invested, whom it will hire and how much it will earn year by year. The figures must match bank statements, contracts and investment documents. A plan built for a specific visa can be ordered as a separate service.