E-2 Business Plans
E-2 is a non-immigrant visa category available to citizens of treaty countries who are investing a substantial amount of capital in bona fide enterprise in the United States. The visa applicant may seek entry to the U.S. in order to develop and direct the enterprise, or to work in the enterprise as an executive, supervisor, or skilled employee. A business plan assists the case that the E-2 enterprise is more than marginal, and that the E-2 investment is active, substantial, and at-risk.
Sample E-2 Business Plan Outline
- Executive Summary: Summarize business type, structure, development status, and potential to generate income and create jobs.
- Business Structure: Explain the structure and ownership of the E-2 enterprise, highlighting owner nationality and operational control.
- Business Description: Describe a commercial or entrepreneurial undertaking that produces goods or services for a profit.
- Development and Operations: Identify development milestones accomplished, commitments made, facilities secured, activities undertaken, and the timeline to commence operations. Foresee the five-year growth plan. Discuss applicable legal requirements, and the status of licenses and permits.
- Management and Personnel: Describe the personnel required to operate the business, including anticipated duties, wages and hiring schedule. Define the manager or essential employee role to be filled by the E-2 principal, if applicable.
- Market Analysis: With reference to verifiable data, profile the target industry, target market, and competitive market. Define the market opportunity and marketing strategy, and address the feasibility of sales goals.
- Costs and Capitalization: Provide a detailed breakdown of the total cost to purchase or establish the business, with reference to expenditure evidence and industry standards. Identify capital sources and commitments, and provide a current balance sheet.
- Financial Projections: Provide a detailed five-year profit and loss forecast, explaining the assumptions behind the forecast and referencing industry standards.
L-1 Business Plans
The L-1 nonimmigrant visa classification enables a U.S. employer that is part of an international organization to temporarily transfer employees from one of its related foreign offices to an office in the United States. L-1A applies to intracompany transfers of managers and executives. If the U.S. employer is a new office, the L-1A petition should describe the proposed nature of the business and the size of the U.S. investment, and should establish that the proposed enterprise will support an executive or managerial position within one year of the approval of the petition.
Sample L-1A New Office Business Plan Outline
- Executive Summary: Summarize a one-year plan to develop a new U.S. office to the point of supporting a qualifying managerial or executive-level position.
- Business Structure: Explain the structure and ownership of the new U.S. office, highlighting the qualifying relationship with the foreign employer.
- Business Description: Describe the nature and scope of the business, its products and services, and what functions and operations the new office will perform.
- Management and Personnel: Explain who will be responsible to perform the functions identified in the business description. Identify operational duties associated with each function, and include these duties in detailed job descriptions for operational employees. Identify executive and management positions. Provide job descriptions that explain specifically how managers will engage in planning, organizing, directing and controlling the business and employees previously identified. Provide an organizational structure chart for the new office.
- Development Schedule: Provide a detailed business development schedule for the new office in Year 1. Identify milestones accomplished, including physical premises secured and funding committed. Discuss monthly goals in Year 1, and specific steps for accomplishing these goals. Provide a hiring timeline.
- Market Analysis: With reference to supporting evidence and verifiable data, profile the target industry, target market, and competitive market. Define the market opportunity and marketing strategy, and address the feasibility of growth targets and sales goals.
- Costs and Capitalization: Define startup costs required to accomplish the growth plan, and reference evidence of capital commitments.
- Financial Projections: Define financials goals. Provide a monthly profit and loss forecast and cash flow forecast for Year 1. Explain financial assumptions, and reference industry benchmarks.
EB-5 Plans
EB-5 is an immigrant investor visa program. Investors are eligible to apply for lawful permanent residence if they invest in a commercial enterprise in the United States with a plan to create or preserve at least 10 permanent full-time jobs for qualified U.S. workers. An investor may invest individually in a business that directly hires employees (“direct EB-5”) or through a regional center designated by USCIS. A business plan for direct EB-5 investment will be about 40 pages long, heavily documented, and designed for compliance with INA §203(b)(5) and the EB-5 precedent decision Matter of Ho.
Sample Direct EB-5 Business Plan Outline
- Executive Summary: Summarize the plan for investment in a new commercial enterprise that creates jobs.
- Business Description: Describe the business, its products and services, and objectives. Identify the business location, and describe the existing facility or proposed development.
- Development Plan: Identify development milestones accomplished, and provide a timeline to commence operations. Discuss applicable legal requirements, and the status of licenses and permits.
- Structure and Management: Explain the structure and ownership of the enterprise, and provide an organizational chart. Discuss management experience, and the EB-5 investor’s role in management or policy formation.
- Operations Plan: As applicable, describe the manufacturing process, materials required, supply sources, distribution channels, intellectual property, franchise affiliation, hours of operation, and other operational factors.
- Personnel Plan: Explain the staffing requirements of the business, and provide a hiring schedule and detailed job descriptions.
- Market Analysis: With reference to verifiable data, profile the target industry, target market, and competitive market. Define the market opportunity and marketing strategy.
- Costs and Capitalization: Provide a detailed breakdown of the total cost to launch the business, with reference to expenditure evidence and industry standards. Identify capital sources and commitments.
- Financial Projections: Provide financial statements and projections as appropriate to explain working capital needs and show potential to support job creation and a profitable exit strategy. This may include a sales forecast, pro forma income statement, cash flow projections, payroll analysis, return analysis, and schedules detailing financial assumptions. Support projections with reference to market analysis and industry standards.
Custom Market Reports
We can offer detailed, citation-rich market reports using data from federal, state, and local government sources, as well as industry associations. These customized reports highlight key demographic, economic, and industry trends relevant to the feasibility of a specific business in a particular location. Deliverables can include market reports, feasibility studies, site analyses, whitepapers, or content tailored for broader business plans.
EB-5 Research and Litigation Support
As the author of blog.lucidtext.com, Suzanne Lazicki has been tracking EB-5 developments since 2010. Her resource library includes EB-5 policy and guidance updates, stakeholder meetings, legislative proposals, USCIS and DOS data, and non-precedent decisions. Suzanne offers EB-5 research support to attorneys, and has served as an expert witness in EB-5 litigation.
EB-5 Timing Analysis
We track and analyze government data for EB-5 petition processing times and visa availability. Individualized timing consultations are available to address prospective wait times for EB-5 investors based on country of origin, priority date, TEA category, and other factors. This analysis helps clients plan ahead and set expectations for their EB-5 investment and immigration timelines.
