E-2 Visa Business Plan: What USCIS Actually Requires

The E-2 Visa Business Plan Is Different

An E-2 investor visa business plan isn't like a regular business plan. USCIS adjudicators are evaluating whether your enterprise is "real and operating" and whether it will generate more than enough income to support you and your family. The business plan is your primary evidence for both claims.

Immigration attorneys consistently report that weak business plans are one of the top reasons for E-2 denials. The plan must demonstrate that your investment is "substantial" relative to the business type, and that the business is not "marginal" — meaning it has the capacity to generate significantly more than a minimal living.

What USCIS Adjudicators Evaluate

E-2 adjudicators look at your business plan through a specific legal framework:

• Substantiality of investment — Have you invested or are you actively in the process of investing a substantial amount? The plan must show committed capital and planned expenditures
• Marginality test — Will the business generate enough income to exceed providing just a minimal living? The 5-year projections must demonstrate growing revenue and job creation
• Real and active enterprise — Is this a genuine commercial operation, not speculative or idle investment?
• Job creation potential — E-2 businesses should create jobs for U.S. workers within the 5-year projection period

Required Sections for E-2 Visa Business Plans

1. Business Overview and Investment Structure

Describe the business entity (must already be formed or in formation), the total investment amount, source of funds, and what has already been invested versus what's planned. USCIS wants to see that funds are irrevocably committed or in an escrow account.

2. Market Analysis with U.S. Focus

Your market analysis must focus specifically on the U.S. market where you'll operate. Include local market conditions, not just national statistics. If you're opening a restaurant in Miami, USCIS wants Miami restaurant market data, not just U.S. food service industry data.

3. 5-Year Financial Projections

This is the most scrutinized section. Unlike SBA plans that need 3-year projections, E-2 plans require 5-year forecasts. These must show:

• Monthly projections for Year 1, quarterly for Years 2-5
• Clear revenue ramp-up (not hockey-stick growth — realistic scaling)
• Owner's salary drawn at a reasonable market rate
• Net income that significantly exceeds the owner's salary by Year 3-5
• Break-even timeline (should be within 12-18 months for most businesses)

4. Job Creation Plan

This is unique to E-2 plans and critical for the marginality test. You must show:

• Specific positions you'll hire for (with titles and job descriptions)
• Timeline for each hire
• Salary ranges for each position
• Why these hires are necessary as the business grows

A strong E-2 plan shows 3-5+ U.S. worker positions created within the 5-year period.

5. Organizational Chart

Include a visual org chart showing the applicant's role as director/manager, current employees (if any), and planned hires. USCIS uses this to verify the applicant will be in a qualifying executive/managerial role.

6. Source of Funds Documentation

While the actual bank statements go in the appendix, the plan itself should narrate the source of investment funds — personal savings, sale of property, gift from family, business profits from home country, etc. USCIS must be able to trace funds to a legitimate source.

Red Flags That Trigger E-2 Denials

• Marginal enterprise indicators — Projections that only show enough income to support the applicant's family
• No job creation — A solopreneur plan with no hiring plans signals marginality
• Unrealistic projections — Revenue projections that aren't supported by the market analysis
• Vague source of funds — "Personal savings" without documentation trail
• Generic market analysis — National statistics without local market specifics

E-2 Business Plan Length and Format

Immigration attorneys typically recommend 20-30 pages for the plan itself, plus an extensive appendix with supporting documents (lease agreements, vendor contracts, bank statements, business registration). The plan should be professionally formatted with a table of contents — USCIS adjudicators process hundreds of applications and appreciate organized submissions.

Building an E-2-compliant business plan requires balancing immigration law requirements with solid business fundamentals. The financial projections and job creation plan are particularly time-intensive to build from scratch.