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E-2 Visa Business PlanE2 Visa CostE2 Visa requirementsE-2 Visa LawyerE-2 Visa ProcessE-2 Visa RenewalE-2 Visa FAQs
Built for USCIS, Structured for Consular Approval
Built for USCIS, Structured for Consular Approval
An E-2 visa business plan is not just a commercial document. It is legal evidence used by USCIS or a U.S. consulate to determine whether your investment qualifies under the E-2 visa category.
To be approved, your application must show that:
- You have made a substantial investment in a U.S. business
- The business is a bona fide enterprise
- You will develop and direct the company
- The business is not marginal
These requirements are set out in 8 CFR 214.2(e) and reflected in both the USCIS Policy Manual and the Foreign Affairs Manual (FAM). A strong business plan brings all of these elements together into a single, credible narrative.
What Is an E-2 Business Plan?
An E-2 business plan is a detailed, evidence-based document prepared specifically for an immigration application. It explains:
- What your business does
- How it will operate in the U.S.
- How your investment is committed and at risk
- How the business will generate revenue and jobs
Unlike a standard commercial plan, it is written for immigration adjudicators, not investors. It must allow an officer to assess whether the enterprise meets the legal requirements of being real, active, and capable of generating more than a minimal living.
Why the Business Plan Is Central to E-2 Approval
The E-2 framework is deliberately flexible. The law does not define a fixed minimum investment amount, a required number of employees, or a standard format for business plans. Instead, officers apply a totality of the evidence test.
This means your business plan often becomes the primary document used to evaluate:
- Whether the investment is genuinely at risk
- Whether the business is viable
- Whether it will become non-marginal
- Whether your projections are credible
What USCIS and Consulates Expect to See
A strong E-2 business plan typically includes:
Executive summary
A clear overview of the business, investment, and how the case meets E-2 requirements.
Business description
Products or services, structure, location, and operational stage.
Market analysis
Target customers, competition, and demand.
Operations plan
How the business will function day to day, including suppliers and logistics.
Organisational structure
Ownership and control, demonstrating that the investor will develop and direct the enterprise.
Hiring plan
Staffing roles and timelines supporting the non-marginality requirement.
Financial projections
Detailed, consistent forecasts with clear assumptions.
Use of funds
How capital is deployed and placed at risk in the business.
Matter of Ho and E-2 Business Plans
Although Matter of Ho is an EB-5 precedent decision, it has become the benchmark for what constitutes a credible immigration business plan. It requires that a plan be:
- Comprehensive
- Detailed
- Consistent
- Based on verifiable assumptions
Why E-2 Outcomes Vary by Consulate
A critical but often overlooked factor in E-2 cases is consular discretion. Unlike petition-based categories, E-2 visas are frequently adjudicated directly by U.S. consulates abroad under guidance in the Foreign Affairs Manual (9 FAM 402.9).
Consular officers:
- Apply broad legal standards rather than fixed rules
- Evaluate cases based on experience and judgment
- Assess credibility using the totality of the evidence
Why the Business Plan Must Be Tailored to the Consulate
In practice, each consulate develops its own expectations over time. This includes the level of detail required in financial projections, the approach to assessing marginality, and the weight given to hiring timelines.
Our Approach: Built for Real Adjudication
We prepare E-2 business plans using a dual framework:
- Legal alignment: We ensure the plan directly addresses substantial investment, bona fide enterprise, develop and direct, and non-marginality as defined in 8 CFR 214.2(e).
- Consular alignment: We structure each plan based on how specific consulates assess cases in practice, reducing the risk of requests for evidence or credibility concerns.
The Wharton Business Plan Team
A Different Standard
Our business plan team is managed by lawyers who also hold MBAs from The Wharton School at the University of Pennsylvania. Each plan is developed by a team that includes E-2 visa lawyers, financial analysts, and commercial specialists.
Direct Senior Involvement
The head of the team works directly with the client and the E-2 lawyer handling the case to ensure legal strategy and business planning are fully aligned.
Why This Matters
Most E-2 business plans fail at the intersection of law and business. Our approach is designed to eliminate that gap by combining top-tier business expertise with immigration law.
Common Reasons E-2 Business Plans Fail
- Generic templates not tailored to the business
- Financial projections with no supporting assumptions
- Weak or unrealistic hiring plans
- Inconsistent narrative across sections
- Lack of evidence supporting market claims
Related Resources
- Immigration Business Plan Guide
- E-2 Visa Requirements
- E-2 Visa Costs and Investment
- E-2 Visa Renewals and Extensions
Get an E-2 Business Plan Built for Approval
Your business plan is the foundation of your E-2 application. We prepare plans that are legally aligned with 8 CFR 214.2(e), structured around USCIS and FAM guidance, and tailored to consular expectations.
Speak to our team to get started.
Country Specific E-2 Guides:
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Looking to acquire an E2 Visa?
We are known for our creative solutions that obtain "impossible" visas. We solve the most complex immigration problems for businesses, investors, individuals, and families.
E2 Visa Immigration lawyer near meSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.
Individual seeking 'Impossible' TN VisaD&A was very detail-oriented and very thorough in what they did. They worked on my case 24/7 and were very patient in answering all my questions.
E-2 Visa ClientMy case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.
E2 + CBI ClientD&A was my guiding light through the entire EB-5 process.
EB-5 Visa ClientI would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E-2 visa. The most important thing is a good team behind you. With Davies & Associates, you're in safe hands... you need someone who can support you on the ground and, again, you are well taken care of by D&A. The people are really warm, very helpful and quite open-minded when it comes to business... Not to mention as a passport it's great from a travel perspective... It's just 4 to 5 hours from New York.
Grenada CBI + E2 Visa ClientThe entire process of getting an EB-5 visa is handled in a professional way by Mark Davies and his team. EB-5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H-1B route for my children, but it became unreliable and so I looked to the EB-5 visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.
Parent of 2 EB-5 visa holdersI'm in the process of extending my L-1 visa. I submitted a few questions regarding my case, and he contacted me back almost immediately, both by email and telephone. Unlike other attorneys I met before, he gave me the impression of knowing off the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.
L-1B Visa HolderMark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.
E2 Visa for Small Professional Business With International OfficesDavies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in a highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.
Complex Fiancée Visa Need Involving Multiple International JurisdictionsSeveral lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.
Individual Seeking 'Impossible' TN VisaI was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.
Doctor Seeking J1 Visa WaiverI am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.
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New York Office World Trade Center:
1 World Trade Center, Suite 8500, New York, NY 10007
+1 212 537 9196
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New York Office E69th Street:
200 E 69th Street, 2N, New York, NY 10022
+1 212 537 9196
Map and Driving Directions
California Office:
555 Anton Blvd, Suite 150, Costa Mesa, CA 92626
+1 949 620 1811
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Philadelphia Office:
1500 John F Kennedy Blvd, Suite 450, PMB 41, Philadelphia, PA 19102
+1 215 525 1881
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+44 20 3884 1812
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+91 720 856 4057
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65 8012 9546
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