In 2017, our article “Crafting Business Plans for Visa Applicants in the Trump Era” was featured in Law360, addressing how the Buy American and Hire American (BAHA) executive order created significant hurdles for visa applicants. This executive order introduced stricter scrutiny and higher standards for approval, fundamentally changing the way business plans needed to be prepared. With President-elect Trump returning to office, we expect these policies to not only return but intensify, making the insights from our article more relevant than ever.
As the CEO of Visa Business Plans, I want to revisit the key takeaways we shared back then and explain why they’re even more crucial today:
1. Fact-Based and Data-Driven Business Plans
In 2017, we emphasized the importance of business plans backed by data to demonstrate economic benefits. For example, we highlighted a dental emergency house call business that could reduce $1.6 billion in annual ER costs. Today, with heightened scrutiny likely to return, this approach remains essential—every plan must clearly show quantifiable contributions to the U.S. economy to stand a chance.
2. Proving the Need for Foreign Employees
Back then, we stressed the importance of addressing the Hire American directive by justifying foreign key employees’ roles. For instance, we showcased how the complexity of an E-2 business required specific expertise that couldn’t be sourced locally. With BAHA expected to intensify, this argument will be even more critical for visa approvals.
3. Showcasing Applicant Success Stories
We pointed out the power of highlighting an applicant’s entrepreneurial resilience, like the case of a Brazilian restaurateur who thrived despite severe economic challenges. This strategy will remain indispensable for demonstrating why an applicant is uniquely qualified to succeed in the U.S. under tougher scrutiny.
4. Using Broader Economic Data to Make the Case
In 2017, we underscored the value of macroeconomic data to counter skepticism about foreign workers. For example, we used labor market statistics to highlight shortages in skilled tech workers, proving their necessity for the U.S. economy. Today, this strategy is more relevant than ever as labor market dynamics remain a key consideration in visa adjudications.
Why It Matters Now
With Trump’s policies expected to intensify, these strategies provide a proven roadmap for navigating the heightened scrutiny likely to come. Attorneys and their clients must be prepared to present airtight, research-backed, and compelling cases that meet and exceed adjudication standards.
At Visa Business Plans, we’ve been readying for this moment. Our business plans continue to address these challenges head-on, giving clients the best chance for success in a more demanding immigration landscape.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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