Debunking 4 Common Myths About E-2 Visa Applications

The E-2 visa is a popular choice for entrepreneurs and investors looking to establish or purchase a business in the United States. However, many applicants approach the process with misconceptions that can jeopardize their chances of approval. Understanding the reality behind these myths is essential to preparing a successful application and securing your visa.

Myth #1: The Business Plan Is Just a Formality

Reality: The business plan is not just a requirement to check off—it’s the centerpiece of your E-2 visa application. USCIS adjudication officers and consular officials will read the document carefully. They’ll evaluate not only the general content but also how your company is presented.

A strong business plan:

• Clearly demonstrates the business’s viability.
• Shows how the investment will lead to a sustainable and profitable enterprise.
• Aligns financial projections with industry standards.

An unclear, poorly written, or generic business plan can raise doubts and result in delays, RFEs, or even denials. The business plan needs to address potential questions proactively and present a compelling case for why the visa should be granted.

Myth #2: Money Can Be Invested After the Visa Is Approved

Reality: Many applicants mistakenly believe they can commit funds after their visa is granted. This is not true.

The U.S. government requires proof that the applicant’s funds are already “at risk,” meaning they have been irrevocably committed to the business before the visa decision is made. This shows genuine intent and commitment to the venture.

For example:

• Funds could be used for equipment, property leases, or inventory.
• Some consulates, such as the one in London, even expect businesses to be fully operational before the visa is granted.
• Others may approve an application for a business that is not yet fully operational, as long as the commitment is clear.

Knowing the specific expectations of the consulate where you apply is critical to building your application and business plan.

Myth #3: All Consulates Evaluate Visas the Same Way

Reality: Consulates are not uniform in how they assess E-2 visa applications. Each consulate functions like its own “small kingdom,” with its own set of unwritten rules and preferences.

For example:

• Some consulates may focus heavily on the business’s operational readiness.
• Others might scrutinize the applicant’s qualifications or the projected profitability of the business.

To improve your chances of approval, it’s vital to understand these nuances before submitting your application. Working with a team that tracks consular decisions and understands their unique rules can make all the difference.

Myth #4: Renewals Are a Formality and Guaranteed

Reality: Many E-2 visa holders assume that renewing their visa is a straightforward process once it’s been approved. In truth, renewals are never guaranteed and require careful preparation.

Renewal applications must show that:

• The business is profitable and growing.
• The business remains non-marginal, meaning it generates enough income to support the visa holder and their family, while also benefiting the U.S. economy.

If the business is not yet profitable or has faced setbacks, applicants must provide a clear, strong, and data-based explanation for why, generally in the form of an updated business plan. It is also important to note that the decision is always at the discretion of the adjudicating officer, who will consider the applicant’s case carefully.

How We Can Help

At Visa Business Plans, we’ve spent over 15 years helping E-2 visa applicants and attorneys navigate the complexities of the immigration business plan for initial applications and renewal processes. Here’s how we can support you:

• Strong, Credible Business Plans: Our research-based plans anticipate officers’ questions and address potential concerns before they arise.
• Consular Expertise: We track consulate decisions and stay current with the unwritten rules that guide each consulate’s evaluation process.
• Health Check-Up Services: We meet with clients quarterly to ensure their businesses are on track for successful visa renewals.

Don’t leave your E-2 visa application to chance. Contact Visa Business Plans today to learn more about how we can craft a tailored, credible, and compelling business plan that positions you for success.

Let’s solve the issues before they’re raised—one custom plan at a time.

Contact us today to get started

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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