One of the most common concerns we hear from E-2 investors is this:
“What if I don’t want my visa tied to just one business?”
It is a fair question. It is also a smart one.
At Visa Business Plans, we do not practice immigration law. We consult on strategies and structures related to the business side of an immigration case. A strong petition depends on more than paperwork. It also depends on whether the business model is credible, well-structured, and supported by a plan that makes sense commercially.
For years, Marco has suggested a practical strategy to immigration attorneys who want flexibility for their E-2 clients. Many attorneys have appreciated the business perspective we bring to the table because it helps shape a case that aligns with how real entrepreneurs operate.
The Holding Company Strategy
If you do not want to be tied to one specific business for your E-2 visa, one option is to create a holding company that serves as the E-2 entity.
Under this structure:
The E-2 investor owns and controls the holding company
The holding company owns one or more operating entities
The investor manages and grows the operating entities through the holding company
This allows the investor to build and operate multiple ventures under one overall structure, rather than relying on a single operating business.
How the Business Plan Should Be Framed
When a holding company is used, the business plan can be broader in scope. It is not limited to a single business operation. Instead, the plan can explain that the E-2 investor will invest in and operate multiple ventures under the holding company.
However, the initial plan still must demonstrate a strong foundation. Specifically, it must show that, under the holding company, there is already at least one operating entity that meets E-2 requirements. That operating entity must reflect a substantial investment and must qualify as a non-marginal enterprise.
In plain terms, the strategy can be flexible, but the case still needs an operating business that clearly satisfies E-2 standards at the time of filing.
Why This Approach Can Be Helpful
Immigration attorneys focus on the legal framework. That role is essential. Our role is different. We focus on the business logic that supports the case, including:
Investment structure
Operational credibility
Commercial feasibility
Growth and hiring projections
That is why this holding company strategy has been part of Marco’s conversations with immigration attorneys for years. It can offer flexibility while still supporting a structured and credible business narrative.
Important Disclaimer
We are not immigration lawyers, and this is not legal advice. You should consult with a qualified immigration attorney to confirm whether this structure is appropriate for your specific case.
If you want support on the business side of an E-2 case, including how to frame a holding company and its operating entities in a credible business plan, our team can help.
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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