28 Oct A Strong Business Plan Can Make or Break an E-2 Case

As outlined in the Code of Federal Regulations, there are certain requirements that an investor must meet in order to qualify for an E-2 “Treaty Investor” visa. The general qualifications of a treaty investor are that they must:

• Be a national of a country with which the U.S. maintains a treaty of commerce and navigation;
• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S.; and
• Be seeking to enter the U.S. solely to develop and direct the investment enterprise.  This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.[1]

e-2 visas

USCIS also provides the guidance that a “bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit.  It must meet applicable legal requirements for doing business within its jurisdiction.”[2] The threshold requirement for the “real and operating” element of the E-2 visa requirement seems to vary depending on the country.

In order to ensure that an investor can prove the “real operating” element, a strong business plan is essential. e-Council Inc., a group of attorneys and other professionals skilled and experienced at preparing comprehensive immigration business plans, offers superior quality business plan and ancillary services oriented to meet the specific mandates to achieve E-2 visa approvals in the U.S.

Through a professionally prepared business plan inclusive of reasonale financial projections, it can be shown that the commercial or entrepreneurial undertaking is “real and operating.” Some of the documents necessary to provide evidence that the business is active include: leases, licenses, contracts, tax returns, employee tax records, contribution to the U.S. economy, money changing hands, rather than sitting in a bank account.

In conclusion, increasing numbers of Consulates are requiring that new businesses be “real and operating” before they will approve the visa. Therefore, if the applicant cannot show that the new business commenced operations prior to the Consular interview, the E-2 visa application may well not be approved.  Thus, an all-inclusive business plan is essential.

[1] http://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

[2] Id

To find out about professional, well-researched, articulate, expository narrative Visa Business Plans, whether for E-2 or any other business-related Visa, as well as a variety of ancillary services, all of which are designed to specifically address USCIS’s concerns, contact e-Council Inc.com at info@ecouncilinc.com.

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