E-2 Plans

The E-2 visa classification allows a national of a treaty country to be admitted to the United States upon investing a substantial amount of capital in a U.S. business. Certain employees may also be eligible for E-2 classification.

Summary of E-2 Requirements for Enterprises and Investors

• The individual and/or business possesses the nationality of a qualifying treaty country.
• The applicant has invested or is actively in the process of investing.
• The enterprise is a real and operating commercial entity.
• The investment is substantial.
• The enterprise is not marginal.
• The applicant is in a position to develop and direct the enterprise.
• If an employee, the applicant will serve in an executive/supervisory role or possesses essential skills.

In the E-2 application, a business plan primarily serves to provide evidence for the E-2 marginality requirement. It includes financial projections to demonstrate the enterprise’s capacity to generate income and make a significant economic contribution. The plan provides context for these projections by describing the business’s products or services, operations, staffing, development strategy, and market potential.

Additionally, the business plan can help demonstrate compliance with E-2 requirements for treaty nationality, management control, substantial investment, and the existence of a real and operating business.

E-2 business plan requirements vary by consulate. For example, Mission Canada requests a business plan only for E-2 investment in a startup, while the embassy in Buenos Aires also wants to see a business plan for investment in an existing business. Mission Mexico is one of five posts to specify that a C.P.A. must be involved in preparing the business plan financial projections. The consulate in Frankfurt allows a maximum of five pages for the business plan, and other posts have a variety of application page limits.

Five-year financial projections are the most important E-2 business plan component. As page limits permit, the E-2 plan should also present a comprehensive narrative that gives context and justification for the financial projections, organizes evidence, and demonstrates alignment with E-2 requirements for the enterprise, the applicant, and the investment.

• Executive Summary: Summarize the plan for active investment of a substantial amount of capital in a bona fide commercial enterprise that is commencing operations and poised to make a significant economic contribution.
• Business Structure: Explain the ownership and legal structure of the enterprise, noting treaty 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, and present a five-year growth plan. Address legal requirements and the status of licenses and permits.
• Management and Personnel: Identify staffing needs, including roles, responsibilities, compensation, and hiring timelines. Clarify the role of the E-2 principal (or essential employee, if applicable).
• Market Analysis: Using verifiable data, analyze the industry, target market, and competitive landscape. Define market opportunity, marketing strategy, and the feasibility of projected sales.
• Costs and Capitalization: Provide a detailed breakdown of startup or acquisition costs, supported by evidence and industry benchmarks. Identify capital sources and commitments.
• Financial Projections: Present detailed five-year profit and loss projections, explain assumptions, and reference supporting data.

Step 1: Strategize

• Preview the business proposal and discuss goals with the client and client’s counsel.
• Consult consulate-specific instructions for the E-2 business plan, and set the target page length.
• Clarify the business implications of E-2 requirements, particularly related to development timing, use of investment, and financial and staffing projections.
• Align with legal counsel’s strategy and schedule for the E-2 application.

Step 2: Organize

• Customize a client questionnaire for the subject business.
• Review client inputs, and undertake market and industry research from reliable and verifiable sources.
• Organize a summary of key details: specifications, schedule, structure, staffing, and budget.
• Discuss and prepare five-year financial projections.
• Think “what questions is the consular officer likely to have about this plan,” and identify answers to the questions.

Step 3: Present

• Implement best practices for effective business plan presentation.
• Aim to provide substantial, relevant detail with few words.
• Create an executive summary and financial model dashboard that focus on E-2-relevant factors.
• Use professional formatting for clarity and to create a strong first impression.
• Use numbered headings and indexes to facilitate navigation and reference.
• Highlight verifiable evidence.

Step 4: Review

• Conduct a systematic review to ensure accuracy, consistency, and completeness.
• Respond to revision requests from the client and counsel.

Suzanne Lazicki is a professional writer with an MBA, certification in financial modeling, and over sixteen years of experience in writing immigration business plans.

Suzanne approaches E-2 plans strategically, considering how to shape business plan content and presentation to fit consulate instructions and E-2 requirements as defined in 9 FAM 402.9 and 8 CFR § 214.2.

Suzanne’s business plan service extends beyond writing to assistance with feasibility analysis, financial modeling, and market research. The goal is a professional business plan for a proposal that will work well for E-2. The plan should fit legal strategy for the E-2 application, give confidence in the E-2 interview, and support ongoing eligibility.

For further analysis, see “Advanced Strategies for Business Immigration: Navigating EB-1A, NIW, E-2, and L-1 Petitions” a continuing legal education webinar presented by Anne Rowley, Hallie Cohen, and Suzanne Lazicki and hosted by MyLawCLE.