Avoiding RFEs and Denials: A Guide to Creating Strong Immigration Business Plans

Securing an approval for employment-based immigration petitions can be a daunting process. Whether it’s for an E-2, L-1A, EB-5, or EB-2 NIW visa, a well-crafted, comprehensive business plan is a key piece of the puzzle. However, even minor oversights in a business plan can trigger Requests for Evidence (RFEs) or lead to outright denials by USCIS.

At Visa Business Plans, we understand the stakes involved. That’s why we’ve created a detailed checklist to help attorneys and their clients ensure their business plans meet USCIS standards. Below, we break down the elements of a strong immigration business plan and common pitfalls to avoid.

What Should Your Business Plan Include?

General Requirements

A strong business plan must be tailored to the specific visa type, clearly define the applicant’s role, and include credible, realistic financial projections. Generic or overly broad language is one of the most common reasons USCIS raises concerns about a petition.

Visa-Specific Considerations

E-2 Visa: Treaty Investor

Demonstrates the business is bona fide and operational (or nearly operational).
Highlights a substantial investment proportional to the business type.
Details how the business will generate more than marginal income.
Includes a job creation plan that outlines employment for U.S. workers.

L-1A Visa: Intracompany Transferee

Clearly outlines the executive or managerial role, including detailed job duties.
Provides an organizational chart showing the applicant’s position in the company hierarchy.
Includes a staffing plan consistent with the business type and size.
Establishes the qualifying relationship between the foreign and U.S. entities (e.g., parent-subsidiary, affiliate, or branch), ensuring ownership and control are clearly explained.

EB-2 NIW: National Interest Waiver

Explains how the proposed endeavor benefits the U.S.
Includes detailed market research showing demand for the business.
Provides evidence of the applicant’s qualifications and experience.
Links the business goals to measurable economic or social benefits.

Financial and Market Data

Comprehensive three- to five-year financial projections, including revenues, expenses, and profits.
Credible data sources to back up market research and financial assumptions.
Detailed breakdown of the initial investment, showing how funds are allocated.

Operational Details

Clearly defines the business model and revenue streams.
Includes a marketing plan tailored to the business’s industry and audience.
Outlines day-to-day operations to demonstrate viability.
Provides a location analysis supporting the choice of business location.

Staffing and Job Creation

Realistic staffing plans (W-2 employees vs. independent contractors).
Job descriptions align with USCIS definitions and avoid vague language.
Hiring timelines match the business’s projected growth.

Common Pitfalls to Avoid

Avoid the mistakes that commonly lead to RFEs or denials:

❌ Unrealistic financial projections.

❌ Copying generic templates or using pre-written plans (USCIS values originality).

❌ Including irrelevant information that doesn’t support the petition.

❌ Discrepancies between the business plan and other petition documents.

Why Choose Visa Business Plans?

Custom Plans

Every business plan we create is uniquely tailored to the client’s business and visa type.
We do not use templates—our plans are fully custom-made to meet USCIS standards.
Each plan undergoes a comprehensive review by our in-house team of professional, native English-speaking editors, ensuring precise language and cultural appropriateness. This eliminates inconsistencies and maximizes the chance of approval.

Proven Track Record

Visa Business Plans is led by an O-1 recipient in business, with over 25 years of experience starting, growing, and selling businesses.
Our founder has also been a university professor in business, bringing deep expertise and insights to every plan.

Attorney Partnership

We consult with immigration attorneys nationwide, providing tailored guidance to ensure business plans address specific client situations and overcome potential objections.
Our collaboration minimizes the risk of RFEs and denials due to the business plan.

Ongoing Support

Through our health check-up service, we meet with clients quarterly to ensure their businesses remain aligned with financial projections and are fully prepared for visa renewal processes.

Take Control of the Approval Process

An immigration business plan isn’t just a formality—it’s a roadmap for USCIS officers to understand your client’s business and its potential. At Visa Business Plans, we craft custom, credible, and USCIS-compliant business plans that set clients up for success.

Don’t leave your client’s case to chance. Contact Visa Business Plans today to learn more about how our services can help you avoid RFEs and secure approvals.

Let’s craft success together—one custom plan at a time.

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.

If you are looking for any of the following, we can help you!

EB-5 Visa Business Plans

EB5 Business Plans

L1A Business Plans

L Visa Business Plans

L-1 Visa Business Plans

E2 Business Plans

E2 Visa Business Plans

E1 Business Plans

E1 Visa Business Plans

Business Plan for Investor Visa

Business Plans for Immigration

Business Plan for Visa Application

Market Analysis

Feasibility Studies

Investor Visas Business Plans

NIW Business Plans

NIW Personal Endeavor Plan

NIW Personal Statement

EB-2 Visa Business Plans

Visa Business Plans