When the attorney first called us, the RFE was already on his desk.
The case had been filed months earlier, using a business plan prepared before we were involved. The investment was significant. The business was operating. No one expected marginality to be the issue that surfaced.
But that was exactly what the officer focused on.
The RFE wasn’t questioning whether money had been invested or whether the business existed. It was asking a more uncomfortable question. How could a business with this level of investment still be producing results that barely supported the investor and left little room for job creation?
As we reviewed the file, the issue started to come into focus.
The business model itself made sense. The original plan wasn’t wrong. But the financial story stopped short of explaining how the business moved beyond its early, tight phase. Expenses were heavy upfront. Payroll came early. Revenue was growing, but not yet clearly outpacing costs.
On paper, it looked like a business working hard just to stay afloat.
From an immigration perspective, that creates concern.
Marginality isn’t about how much capital went in. It’s about whether the business can reasonably support the investor going forward. It’s about job creation. That distinction hadn’t been clearly articulated in the original submission.
Our role wasn’t to rewrite history or change the story that had already been filed. Consistency mattered. The narrative was already on record.
What we did was clarify it.
We worked within the existing framework of the case, making sure the response stayed aligned with what had already been submitted. We restructured the financial explanation to show how the business progressed beyond the marginal stage over time. We clarified timing. We connected early constraints to later stability. We aligned staffing, pricing, and growth so the path forward was clear and defensible, without contradicting the original filing.
The response didn’t fight the RFE. It completed the story.
Afterward, the attorney summed it up perfectly.
“This wasn’t a bad RFE. It was asking for clarity the case hadn’t fully provided yet.”
That’s something we see often.
Large investments alone don’t eliminate marginality concerns. Financials have to explain how the business supports the investor, not just how much money was spent to get it started.
Key takeaway
When marginality comes up despite a sizable investment, the issue is rarely the investment itself. It is almost always the story the financials are telling, or failing to tell. Addressing that concern requires clarity, consistency, and a deep understanding of how officers read these cases.
That’s where immigration guided financial analysis makes the difference.
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