Welcome to our series, Attorneys Ask, We Answer—a collection of blogs inspired by the questions we frequently receive from attorneys during webinars, presentations, and daily conversations. We understand that many of the topics raised are essential to both attorneys and their clients navigating U.S. immigration processes, so we’re sharing our insights and best practices with a wider audience. Our goal is to provide clarity on common questions and offer guidance that’s practical and reliable.
Today, we’re addressing a question that comes up often: What are your suggestions for an E-2 extension if the client is currently unable to meet the revenue projections listed in their initial E-2 business plan?
Step 1: Analyzing Why the Business Missed Projections
The first step is to understand the reasons behind the missed projections. For an E-2 business that has fallen short of its projected revenue, staffing, or profit numbers, it’s critical to pinpoint whether these issues stemmed from factors beyond the business’s control or were related to internal decisions or actions.
- External Factors Beyond the Business’s Control: If external events have negatively impacted the business—such as natural disasters, economic downturns, or supply chain disruptions—it’s essential to explain these circumstances in detail. In this case, we recommend updating the business plan to address these unexpected challenges. The revised plan should clearly articulate what prevented the business from meeting its targets, providing a context that the visa officer can consider. By acknowledging the difficulties and emphasizing the business’s resilience, the updated plan can demonstrate that the business is still on a viable path.
- Internal Factors Within the Business’s Control: If the missed targets were due to reasons within the business’s control, such as operational decisions or changes in strategy, the updated business plan should demonstrate that the business continues to meet the E-2 visa requirements, especially regarding “marginality.” The plan must show that, despite the missed projections, the business is still generating more than enough income to support the E-2 visa holder and their family.
Step 2: Creating a Realistic Path Forward
Regardless of the reasons behind the missed projections, an updated business plan should include a clear path forward for growth. USCIS and consular officers want to see that the business has a feasible strategy for the future, with a focus on generating revenue, meeting operational targets, and expanding as necessary.
In cases of external factors, the updated plan should highlight strategic adjustments the business has made to overcome recent challenges, such as diversifying suppliers, targeting new markets, or adjusting service offerings. These proactive steps will show that the business is resilient and capable of thriving even under adverse conditions.
For internal factors, the updated plan should outline specific actions the business will take to address gaps in performance and reinforce its commitment to E-2 requirements. This might include restructuring operations, expanding marketing efforts, or optimizing costs to improve profitability. By providing a realistic and achievable roadmap, the business can demonstrate its continued potential for success and its dedication to meeting E-2 standards.
Final Thoughts
When pursuing an E-2 extension, an updated and honest business plan is essential, especially when initial projections weren’t met. Explaining the reasons behind missed targets and providing a strategic path forward can reassure USCIS or consulate officers that the business remains viable.
If you’re an attorney looking to support your E-2 client’s extension request, our team specializes in crafting solid, realistic business plans that address both external and internal challenges. With years of experience in E-2 visa documentation, we can help you prepare a compelling plan that meets USCIS standards and positions your client’s business for long-term success.
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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