An immigration business plan is a structured document used to evidence statutory and policy criteria for a visa petition—not a pitch deck. At its core, the plan connects what the business will do to what the law requires, and then maps each claim to verifiable exhibits (registrations, leases, invoices, payroll, contracts).
A common misunderstanding is that a general business plan can be used for visa applications. A specialized immigration-compliant business plan is required.
Detailed Business Plan COnsiderations by Visa Class
E2 Visa Business Plan
Read our Detailed Guide on E-2 Visa 2026 Business Plans:
Source: Department of State’s Foreign Affairs Manual (9 FAM 402.9) and USCIS policy.
L-1 Intracompany Transferee Criteria
For
L-1 new-office cases, USCIS expects secured
physical premises and a plan showing that within
one year the U.S. operation will support a
manager/executive (L-1A) or
specialized-knowledge (L-1B) role. Initial approvals for new offices are generally
limited to one year.
For
EB-5 Direct, the plan must be
comprehensive and credible (the “Matter of Ho” standard) and show creation of
at least 10 full-time W-2 jobs ($\ge$ 35 hours/week) for qualifying U.S. workers, with a clear hiring timeline and financial feasibility.
Source: Department of Justice
Core Components of an Immigration Business Plan
Every credible immigration business plan should cover the following:
Executive Summary — business model, U.S. location, ownership/control, visa classification sought, and specific eligibility theory.
Company Description — formation, structure, products/services, and initial activities.
Market and Competition — local U.S. demand, target customers, and realistic differentiators.
Operations — premises, vendors/suppliers, licenses/permits, systems, and an opening timeline.
Investment & Funding — sources and path of funds, expenditures already made, and commitments.
Hiring & Org Design — titles, duties, timing, and how staffing enables the visa-specific role and outcomes.
Financials — five-year P&L, cash flow, and balance sheet, with plainly stated assumptions tied to capacity and channels.
Exhibits Index — a crosswalk from statements in the plan to bank proofs, invoices, contracts, payroll, lease, photos, and resumes.
What a Finished Plan Looks Like: Sample Table of Contents
Clients often ask what they will actually receive. A typical Davies & Associates immigration business plan is organised along these lines:
Executive Summary – the business, the investment, the visa classification and the eligibility theory, in about two pages.
Company Description – formation, ownership and control, products and services.
Market and Industry Analysis – local demand, named competitors and realistic differentiation.
Marketing and Sales Strategy – channels, pricing and customer acquisition.
Operations Plan – premises, suppliers, licences and permits.
Personnel Plan – organisational chart, hiring timetable, job descriptions and pay.
Financial Projections – five-year profit and loss, cash flow and balance sheet, with the assumptions stated.
Exhibits Index – every claim cross-referenced to its supporting document.
How long should the plan be? There is no statutory page count. In practice most E-2 plans run to roughly 25–40 pages, L-1 new office plans to 20–35 pages, and EB-5 Direct plans tend to be longer because the Matter of Ho standard demands a comprehensive treatment. Length follows evidence: a shorter plan that maps every claim to an exhibit beats a longer plan that does not.
How long does it take? Under our three stage review process, a business plan analyst prepares the first draft within two weeks of a completed questionnaire; allowing for client review, modifications and the final legal review, most plans are completed within two to three weeks, with complex EB-5 and multi-entity L-1 plans sometimes taking longer.
E-2 Treaty Investor Business Plans — Proving Non-Marginality
For E-2 cases specifically, the plan must prove three things: the investment is substantial and genuinely at risk, the enterprise is not marginal (it can support more than just the investor and their family), and the investor holds real operational control. Consulates weigh these factors more heavily than USCIS does for other categories, since there is no separate domestic review to catch a weak filing.
The Full E-2 Business Plan Guide
Matter of Ho standards, FAM-based consulate variance, common failure points, and our Wharton-led drafting process — all in one dedicated guide.
Job Creation: Show at least
10 full-time W-2 positions for qualifying employees ($\ge$ 35 hours/week).
Investment Thresholds and TEA: Current statutory thresholds are
$1,050,000 standard or
$800,000 in a
Targeted Employment Area (TEA).
At-Risk and Sustainment: Capital is expected to
remain invested for not less than two years post-RIA.
Specific EB-5 Direct Inclusion Requirements
Hiring table with titles, FTE status, wages, and start-month windows to reach 10 W-2 roles.
Capacity-to-revenue logic that necessitates those hires.
Use-of-proceeds tied to invoices/quotes.
TEA evidence packet if applicable.
Policy UpdateEffective 1 January 2027
The EB-5 minimum investment rises on 1 January 2027 – and the business plan is built around that number. The EB-5 Reform and Integrity Act of 2022 requires the minimum amounts to be adjusted for inflation from 1 January 2027, and every five years after. This is the first adjustment since the RIA became law. Projections point to roughly $900,000 in a Targeted Employment Area and $1.25 million outside one, against today’s $800,000 and $1,050,000, though the final figures depend on inflation data not yet published.
This is not a footnote for plan drafting.
The investment figure drives the use-of-proceeds schedule, the capital account, and the payroll runway that funds the ten required jobs. A plan modelled on $800,000 for a petition filed after the adjustment date needs the job-creation timeline and cash flow rebuilt around the larger contribution, not just a number changed. If your Form I-526E can realistically be filed in 2026, file at the current thresholds. If it cannot, model the plan at the higher figure from the outset.
The Matter of Ho Checklist for EB-5 Plans
Matter of Ho, 22 I&N Dec. 206 (Assoc. Comm. 1998), remains the benchmark USCIS applies to EB-5 business plans. A compliant plan should contain each of the following elements, and each should be verifiable from the exhibits:
A description of the business, its products and/or services;
The business structure;
A market analysis, including the names of competing businesses and their relative strengths and weaknesses;
A comparison of the competition’s products and pricing structures;
A description of the target market and prospective customers;
A description of any manufacturing or production processes, materials required and supply sources;
Details of any contracts executed for the supply of materials or the distribution of products;
The marketing strategy, including pricing, advertising and servicing;
The organisational structure of the business;
A personnel plan setting out staffing requirements, a timetable for hiring, job descriptions and the jobs the investment will create;
Sales, cost and income projections, together with the assumptions on which they rest;
Bank statements, invoices, and the contracts underlying revenue assumptions
Source and Path of Funds (E-2 / EB-5)
Statements tracing the origin and movement of the invested capital, with sale or loan documents
Common Pitfalls and How to Avoid Them
Generic markets, abstract numbers.
Plans not reviewed by an
experienced immigration lawyer for legal compliance.
Business inconsistencies or unrealistic assumptions.
Solo-operator risk in L-1 new office.
EB-5 job math: Using contractors or part-time hours to meet the 10 full-time W-2 requirement.
If USCIS Issues an RFE: Plan Review and Rescue
A Request for Evidence aimed at the business plan usually signals a credibility gap – projections without assumptions, markets without names, or jobs without a hiring timetable. Our immigration lawyers review the RFE against the filed plan, identify each deficiency, and prepare a revised plan and response that answer the adjudicator’s concerns directly. We take on plans prepared elsewhere as well as our own, and the same three stage review process applies to every rescue.
Case Illustrations: Attention to Financial Planning Details
Case 1: E-2 Denial Due to Financial Inconsistency
Background: Another law firm had already filed an unsuccessful application for an E-2 visa.
Comments from the Consulate: The business plan was deemed
not credible and not reflective of the business described in the rest of the documentation. The head of the non-immigrant visa section commented, “You must ensure that every sentence of your business plan meets not only the legal requirements… and that your financial projections truly reflect that plan.”
Analysis: We believe the law firm involved had not taken the time to properly understand the client’s business.
Suggestion: Ensure that your lawyers either
visit your business or take the time to properly understand it. It is their responsibility to accurately represent your business to the US government.
Case 2: L-1 and EB-5 Denial on the Same Business
Background: Our client had simultaneously applied for an L-1 visa and an EB-5 Direct based on the same business, filed by another firm.
Analysis: The financial projections failed to show how the business could
credibly grow to needing an L-1A manager within one year. For the EB-5 visa, job creation was far too contingent and the financial plan lacked credibility. The client subsequent EB-1C application was also denied.
Lesson Learned:Substantiate numbers used in the immigration business plan with credible, well-documented assumptions. Properly document market sizing estimations, competition, and how your business can credibly grow.
What Good Looks Like: Three Illustrations
The case studies above show how plans fail. These illustrative examples show the standard we draft to:
E-2 restaurant: the plan names the four competing restaurants within a mile, prices the menu against them, ties the fit-out budget to contractor quotes in the exhibits, and shows staffing rising from four to eleven employees over three years – meeting the non-marginality requirement with evidence rather than adjectives.
L-1 new office consultancy: the plan demonstrates the parent company’s active foreign operations, sets out the U.S. office’s premises and first-year hiring in quarterly steps, and shows how the transferred executive grows into managing a subordinate structure within one year, as the regulations expect.
EB-5 Direct manufacturer: the plan follows the Matter of Ho checklist above item by item and maps the required ten full-time positions to a dated hiring timetable supported by premises and payroll evidence.
Why are Immigration Business Plans Poorly Received?
Based on the review of unsuccessful visa applications prepared by other firms, we believe the following have proved fatal in immigration business plans:
Plans that do not consider
future as well as current immigration strategy.
Plans where every sentence has not been reviewed by an experienced immigration lawyer to ensure it
conforms with applicable immigration laws and regulations.
Plans that have
business inconsistencies or unrealistic assumptions.
Failure of the business plan to properly reflect the client’s strategy as reflected in a consular interview or other documentation.
Inconsistencies between the financial model in the business plan, the rest of the documentation, and the immigration regulations.
An immigration lawyer missed a critical issue that would have been obvious had they bothered to
visit the client’s business location.
VIBE Considerations for UK E2 Treaty Visa Applicants
E-2 and L-1 cases decided at consular posts are read by different E-visa units, and individual posts publish their own expectations on format, length and exhibits – the London E-visa unit is a well-known example. Because our lawyers file at posts worldwide, we adapt the same underlying plan to the conventions of the post that will decide your case, using the country guides linked above as the starting point.
Davies & Associates’ Unique Approach
In response to frustration with poorly prepared business plans, our firm adopted a unique approach to the preparation of immigration business plans for our clients.
The Three Stage Review Process:
We employ a three-step review process:
Your Input, Our Research:
We send you a questionnaire. Using that questionnaire, business plans are drafted by an experienced immigration business plan analyst and immigration lawyer based on:
Information provided by our clients through our questionnaire;
Our
direct observation of your business, often obtained by visiting your business;
Our listening to your explanation of your business;
Data received from various commercial intelligence sources our team subscribe to;
Our knowledge of the US markets;
Analysis of the applicable immigration law and regulations; and
Any preferences we are aware of at the consulate to which you will be applying.
Experienced Immigration Business Plan Analyst:
An experienced immigration business plan analyst will collate all of the materials we receive on your business and the research we conduct and consolidate it into a draft business plan within two weeks. We remind clients that the business plan will always remain
your presentation of your own business.
Experienced Immigration Lawyer:
An experienced immigration lawyer will work with you and the immigration business plan analyst assigned to your case to refine and finalize the plan so that, in our opinion, it is the
very best immigration presentation of your business possible.
Key Terms: A Short Glossary
Marginality (E-2): a marginal enterprise exists only to earn a living for the investor and family; the plan must show the capacity to generate significantly more than that, typically through job creation, within five years.
Substantiality (E-2): the investment must be substantial in proportion to the total cost of purchasing or creating the enterprise.
Matter of Ho: the 1998 precedent decision setting the comprehensiveness and credibility standard for EB-5 business plans.
New Office (L-1): a U.S. office doing business for less than one year; its petition must include a plan showing it will support a managerial or executive role within a year.
Doing Business (L-1): the regular, systematic and continuous provision of goods or services – a shell presence does not qualify.
TEA (EB-5): a Targeted Employment Area – rural or high-unemployment – where the reduced investment threshold applies.
Job Creation (EB-5): the requirement that the investment create at least ten full-time positions for qualifying U.S. workers.
RFE: a Request for Evidence – USCIS asking for more proof before deciding a petition.
Source of Funds: the evidence tracing the lawful origin and path of the invested capital.
VIBE: the Validation Instrument for Business Enterprises, a USCIS tool that checks petition details against commercial data.
Other Petitions That Rely on a Business Plan
E-2, L-1 and EB-5 Direct are not the only filings that stand or fall on a credible plan. EB-1C multinational manager petitions and E-1 treaty trader cases draw on the same evidence discipline, and an EB-2 National Interest Waiver for an entrepreneur turns on a well-documented endeavour plan. If your case sits in one of these adjacent categories, the same team and the same review process apply.
Frequently Asked Questions About U.S. Immigration Business Plans
1. Why do I need a business plan for my visa application?
A well-prepared business plan is often a mandatory component of investor and entrepreneur visa petitions such as the E-2 Treaty Investor Visa, L-1 Intracompany Transfer Visa, and EB-5 Immigrant Investor Program.
The most common categories that require or strongly benefit from a detailed plan include:
E-2 Treaty Investor Visa – demonstrates that your investment is substantial and the business is not marginal (9 FAM 402.9-6(B)).
L-1 Intracompany Transfer Visa – outlines how the U.S. office will grow and employ local staff (8 C.F.R. § 214.2(l)).
EB-5 Immigrant Investor Program – evidences that the investment meets job-creation requirements (8 C.F.R. § 204.6(j)(4)).
Form I-140 Employment-Based Petitions – supports EB-1, EB-2, and EB-3 immigrant visa categories where a business plan may strengthen the filing.
E-1 Treaty Trader Visa – describes trade flow and logistics of U.S. operations (9 FAM 402.9-5(A)).
3. Why is an Immigration Business Plan so Critical for E-2 Treaty Investor Visa Cases
An E-2 visa is entirely decided by the US consulate with no USCIS involvement. Consulates have less tools and experience available and rely more heavily on your financial projections and plans to explain and justify E-2 visa issuance.
4. What information must my immigration business plan contain?
A compliant plan should include:
Executive summary and company overview
Market and industry analysis
Marketing and sales strategy
Organizational chart and staffing plan
Financial projections (usually five years)
Job-creation timeline
Supporting documentation such as leases, contracts, and licenses
USCIS guidance in the Policy Manual, Vol. 6, Pt. G, Ch. 2(A) confirms that adjudicators evaluate whether the business plan demonstrates job creation and financial viability. At Davies & Associates, each plan is drafted and reviewed by both business specialists and immigration attorneys to ensure legal and factual accuracy.
5. How is an immigration business plan different from a regular business plan?
While traditional business plans focus on investors or lenders, an immigration business plan is designed to satisfy U.S. Citizenship and Immigration Services (USCIS) criteria under 8 C.F.R. § 204.6(j)(4) and the USCIS Policy Manual.
It must align precisely with the visa’s legal standards and demonstrate credibility, job creation, and lawful source of funds under the Immigration and Nationality Act (INA § 203(b)(5)). For a practical example, see our EB-5 Visa Guide.
6. How long does it take to prepare a compliant business plan?
Turnaround depends on the visa type and complexity of the business. A simple E-2 business plan may take two to three weeks, whereas EB-5 or L-1 corporate plans can take longer due to detailed financial modeling and inter-company documentation. You can learn more about our process here.
7. Can I use a template or generic plan?
Using generic templates or copy-paste models is risky. Immigration officers often recognize such documents and may question credibility. A plan should reflect your unique business, investment structure, and operational reality.
8. What happens if my business plan is poor or incomplete?
A weak or inconsistent plan can lead to Requests for Evidence (RFEs) or even visa denials under 8 C.F.R. § 103.2(b)(8). We have handled many cases where applicants came to us after an initial refusal because the business plan did not meet immigration standards. A robust plan minimizes these risks and strengthens your petition—see our case studies for examples.
9. How much does a professional immigration business plan cost?
Pricing varies according to complexity, visa category, and level of supporting analysis required. Because our plans are reviewed by qualified immigration lawyers, we offer integrated pricing within the broader legal engagement rather than a stand-alone template service. You can contact our team for a personalized quote or consultation.
10. Can Davies & Associates assist if I already have a draft plan?
Yes. We can review and refine an existing plan to ensure consistency with your petition, correct compliance issues, and improve presentation before submission. Find out more on our E-2 and L-1 visa services page.
11. Do you help clients after the visa is approved?
Absolutely. Our lawyers and consultants continue to assist with renewals, expansions, compliance, and scaling the business post-approval. A strong business plan forms the foundation for long-term success in the U.S. market and future immigration benefits under the INA § 245(a).
Managing Partner of Davies & Associates; focused on E visa strategy and complex consular filings.
Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the
SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales,
MBA, Wharton School of Business. Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine.
Ranked Band 1 for E-2 visas in Singapore by Global Citizenship Services (2026). Admitted to practice in Georgia (USA).
Georgia State Bar member. AILA member.
Area
Details
Education:
JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training:
Completed the Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice:
Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England and Wales | Former CMBS lawyer at one of the world's largest international law firms
Immigration Track Record:
15+ years advising HNW investors | While, as of October 21, 2026, the firm has never had an EB-5 case denied on the basis of its source-of-funds work, there can never be a guarantee of future success. | Hundreds of successful EB-5 cases globally
We are known for our creative solutions that obtain "impossible" visas. We solve the most complex immigration problems for businesses, investors, individuals, and families.
Several 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 Visa
D&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 Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.
E2 + CBI Client
D&A was my guiding light through the entire EB-5 process.
EB-5 Visa Client
I 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 Client
The 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 holders
I'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 Holder
Mark 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 Offices
Davies & 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 Jurisdictions
Several 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 Visa
I 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 Waiver
I 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.
Looking to relocate or having trouble with a visa application?
We are known for our creative solutions that obtain
"impossible" visas. We solve the most
complex immigration problems for business, investors, individuals and families.