The E-2 visa is a fantastic opportunity for entrepreneurs looking to live and work in the United States by investing in a business. However, misconceptions about the process can lead to costly mistakes. In this blog, we’ll debunk five common myths about the E-2 visa with real-life examples from our clients to help you avoid these pitfalls.
Myth 1: The Investment Will Be Done After the Visa Is Approved
Reality: This is a shocker for many of our clients. The reality is that you must commit funds before applying for the E-2 visa. U.S. immigration regulations require that your business be ready to operate, with funds already “at risk” before submission.
Client Anecdote:
A Brazilian client assumed they could wait for their visa approval before committing funds for their retail clothing store. During the process of creating their business plan, we identified that no significant investment had been made and flagged this to their immigration attorney. The attorney immediately contacted the client and clarified that this approach didn’t meet E-2 visa requirements, allowing the investor to act early by signing a lease and purchasing initial inventory. By catching this issue before submission, we avoided our client costly delays or a potential visa denial.
Myth 2: I Can File My Own E-2 Visa
Reality: While it’s technically possible, U.S. immigration law is complex, and interpretations can vary. Filing an E-2 visa application involves more than filling out forms; it requires a deep understanding of how the information provided might be interpreted by immigration authorities. Attorneys also bring insights from prior rulings, which can make or break a case.
Client Anecdote:
A Canadian client decided to file their E-2 application independently, thinking they could save money. They found online instructions but misunderstood the job creation requirements, submitted unrealistic financial projections, and ran into other issues. This led to a 12- page Request for Evidence (RFE) dedicated solely to the business plan, creating unnecessary stress, delays and added expenses.
The client’s attorney brought us in to craft a detailed, immigration-specific business plan. We developed realistic financial projections and a hiring plan tailored to the business. The new business plan submitted by their attorney as part of the RFE response, addressed USCIS’s concerns, and the visa was ultimately granted. This experience shows the value of professional guidance from the start.
Myth 3: The Business Plan Needed for the E-2 Visa Is Just a Formality
Reality: An immigration business plan is not the same as a standard business plan. It’s written for adjudication officers and must align with U.S. immigration law. Adjudicators expect specific structures, language, and operational details—elements missing from templates or generic plans. Without a foundation in immigration law and its application, a business plan is unlikely to effectively support an E-2 visa application.
Client Anecdote:
A Colombian client submitted a business plan for their restaurant venture using a free online template. USCIS issued an RFE, questioning the viability of the business due to weak financial projections and a lack of clarity in the plan. In response, the client’s attorney reached out to us in desperation, asking for a custom business plan to address the RFE. This was more challenging because we had to work with information already submitted to the government. We started from scratch, adding detailed narratives, realistic financial projections and an operational timeline to align with immigration requirements. While the client faced higher costs and more work than necessary, the updated plan helped the attorney submit a strong response, and the visa was ultimately approved.
Myth 4: I Will Employ All of My Family Members to Avoid Spending Money on Employees
Reality: USCIS expects E-2 businesses to contribute to the U.S. economy by creating jobs for U.S. workers. Employing only family members can raise red flags and undermine the legitimacy of the business.
Client Anecdote:
A Turkish client planned to employ only her husband and two adult children in her consulting business. During our initial review, we shared with her attorney our concern that this approach could jeopardize the application. The attorney agreed with our assessment, so we adjusted the hiring plan to include U.S.-based employees, starting with one full-time administrative assistant. By demonstrating job creation beyond the family, the client’s application met USCIS requirements, and the visa was approved.
Myth 5: E-2 Visa Renewals Are Guaranteed After the Initial Approval
Reality: E-2 visa renewals require demonstrating that the business continues to meet the requirements, including job creation, profitability, and alignment with the original business plan. Renewal is not automatic.
Client Anecdote:
A client from Pakistan assumed their renewal would be a formality since their E-2 visa had been approved and their business was operational. However, upon further review, it became evident that the business was not aligned with the original financial projections in the initial business plan. Revenue was lower than expected, and hiring targets had not been met. Their attorney recommended updating the business plan to reflect the business’s current situation and present a realistic future growth strategy to USCIS. We revised the plan to include updated financials, hiring progress, and a clear action plan for growth. These adjustments clarified the business’s progress and ensured the renewal was successfully granted.
Avoid Mistakes with Expert Guidance
The E-2 visa process requires more than just filling out forms—it demands careful planning and a credible business plan to support your case.
At our firm, we ensure that your business plan is thorough, realistic, and meets all requirements. With real-world experience running businesses and teaching as business professors, we combine theoretical expertise with practical knowledge. Our custom business plans have helped hundreds of E-2 visa applicants secure approvals and renewals.
Contact us today to learn how we can guide you through the E-2 business plan process with precision and expertise. Let’s make your entrepreneurial dream a reality.
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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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