For many years, renewing an E-2 visa was often pretty straightforward. Approval was never guaranteed, of course, but many applicants were successful by submitting documents such as tax returns, financial statements, a lease, and photos of the business.
That approach may no longer be enough.
Over the past several months, we have seen a growing number of E-2 visa holders receive Requests for Evidence (RFEs) during the renewal process, even after operating successful businesses in the United States for many years. It is also a topic that immigration attorneys have been discussing with increasing frequency at recent AILA conferences across the country.
One issue appears repeatedly in these RFEs. USCIS is asking for more than proof that the business is real. Officers want evidence that the business is currently operating, where it is today, and where it is going.
The language is remarkably consistent. One recent RFE stated:
“USCIS has reviewed the evidence you submitted in support of your E-2 classification. While you previously provided some documents reflecting business operations, much of this evidence is outdated or missing and does not establish that the enterprise is currently a real, active, operating commercial enterprise… As a result, the record is insufficient to demonstrate that the enterprise is a bona fide business that is presently engaged in lawful, for profit operations.”
For many business owners, this comes as a surprise.
The client in this case was confident the renewal package contained everything that had traditionally been required. The submission included:
• Attorney cover letter and support letter
• Articles of incorporation
• Annual report
• Federal income tax returns
• Recent Forms 941, I-129 and others
• Lease agreement
• Bank statements
• Profit and loss statements
• Financial statements
• Photographs of the business
• Sample customer invoices
Just a few years ago, many practitioners would have considered this a solid renewal package.
Today, it may not answer the question USCIS is increasingly asking: What does the business look like today, and what are its plans going forward?
That is why we are seeing more requests for updated business plans as part of the renewal process.
The government’s position appears to be shifting. Strong performance over the last several years is important, but by itself it may no longer be enough. Officers also want to understand how the business expects to continue operating successfully in the future.
How can you reduce the risk of an RFE?
No one can guarantee that an RFE will not be issued. However, one of the best ways to stay ahead of the process is to submit a current business plan with your renewal package rather than relying solely on historical documents.
An effective renewal business plan should explain what the business has accomplished since the last visa approval, whether that was three or five years ago. It should describe how the company operates today, the products or services it currently provides, changes that have occurred over time, and the milestones it has achieved.
It should also look ahead. What are the company’s goals over the next year? How will it attract new customers? Which marketing and sales strategies have produced results, and which ones will be implemented going forward? If revenue or staffing is expected to grow, what supports those projections?
This is also an opportunity to connect the financial information with the story behind the business. Financial statements are essential, but they do not always explain the decisions, strategies, and operations that produced those results.
Remember that immigration officers are not accountants. They review thousands of different types of businesses across countless industries. A well-prepared business plan helps organize the information, explains the financial performance in plain language, and allows the evidence to tell a clear and consistent story.
An E-2 renewal is no longer simply about documenting the past. Increasingly, it is also about demonstrating that the business remains viable today and has a credible plan for tomorrow. Preparing for that expectation before filing may save significant time, expense, and uncertainty later.
Contact us today to get startedThe 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 and Visa Purposes
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