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29 Jan Some Consular Differences Regarding Business Plan Requirements

Posted at 01:39h in Uncategorized by
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The E-2 nonimmigrant visa category allows treaty investors to enter the United States under a bilateral treaty of commerce and navigation between the United States and the country of which the investor is a citizen. The treaty investor must be coming to the United States “solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing a substantial amount of capital.” 8 U.S.C. § 1101(a)(15)(E)(ii). Read Report

Furthermore, according to 8 CFR 214.2(e)(15) the investment must be in a bona fide enterprise and not marginal. “A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.” 8 CFR 214.2(e)(15).

In addition to the overreaching “substantial investment” and “non-marginal” requirements, many Consulates have their own approach to interpreting related E-2 requirements. Below is a table with a comparison of the differing business plan requirements and restrictions of ten sample countries.

COUNTRY BUSINESS PLAN REQUIREMENTS
Canada
  • 5-year financial projections
  • Projections must be supported by a complete and thorough business plan
Colombia
  • Analysis of the local market and competition
  • 5-year financial projections
  • Projections must be backed up by outside sources
France
  • 5-year financial projections
  • The plan must verify the capacity of the enterprise to realize a profit within a maximum of five years
Germany
  • A comprehensive plan for the next 5 years
Israel
  • A comprehensive plan for the next 5 years
Italy
  • Evidence that there is present or future capacity to generate more than enough income for a minimal living for the treaty investor and his or her family
  • The plan must verify the capacity of the enterprise to realize a profit within a maximum of five years
  • E visa packages must not exceed 40 double-sided pages
Japan
  • Specific details of the business to be conducted
  • One-, three-, and five-year financial projections for business expenses, sales, gross income and profits or losses
Mexico
  • Analysis of the local market and competition
  • 5-year financial projections
  • Projections must be backed up by outside sources
Spain
  • Visa application must not exceed 50 pages
United Kingdom
  • Analysis of the local market and competition
  • 5-year financial projections
  • Projections must be backed up by outside sources

Some US Consulates, such as those located in Colombia, Mexico, and the UK, have similar documentation requirements that must be satisfied in order to defeat marginality. However, as the above table demonstrates, other business plan requirements are vague in terms of the specific evidence requested.

In conclusion, it is clear that a thorough business plan and professional advice are essential for the successful submission of an E-2 visa application.

To find out more about professional, well-researched, articulate, expository narrative Business Plans and a variety of complementary services, crafted specifically to address USCIS’s concerns, contact e-Council Inc.com at info@ecouncilinc.com.

e-Council Inc.com’s website, newsletter and other forms of communication contain general information about legal matters. The information is not legal advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.