One of the most valuable parts of attending conferences like the AILA RDC EMEA Spring Conference in Geneva is hearing how experienced attorneys are adapting their strategies in response to changing adjudication trends. Some of the most insightful conversations happen not only during panels, but afterward, when attorneys begin discussing what they are actually seeing in interviews, RFEs, and consular processing around the world.
As the only company focused on immigration business plans attending the conference, Visa Business Plans had the opportunity to participate in many of those discussions firsthand. Over the coming weeks, we will continue to share some of the ideas and evolving strategies that emerged throughout the conference, as these conversations often reveal where adjudications are heading long before formal policy changes appear publicly. Staying closely connected to the business immigration community allows our projects to continuously evolve alongside real-world scrutiny trends, which ultimately helps the attorneys and applicants we work with build stronger, more defensible cases.
One particularly interesting perspective came from attorney Beatriz Trillos Ballerini, a highly respected attorney we have had the privilege of collaborating with for many years. Her approach to E-2 preparation stood out because it reflects a reality that many practitioners are increasingly recognizing:
E-2 cases can no longer be treated like “light” filings.
Historically, E-2 visas were often approached with far less rigor than EB-5 cases. The investment thresholds were lower, timelines moved faster, and documentation requirements were generally less intensive. Many cases relied on basic business plans, broad operational narratives, and generalized financial projections under the assumption that if the investment was substantial and the business appeared legitimate, the case would likely succeed.
But adjudication patterns are changing.
Consular officers today are asking much tougher questions:
Are the projections realistic?
Is the business actually scalable?
Will the company generate more than marginal income?
Does the operational structure support the claims being made?
Do the numbers make sense?
Increasingly, officers are not simply evaluating eligibility.
They are evaluating credibility.
And that is where weaker E-2 cases often begin to struggle.
Attorney Trillos’ perspective was especially compelling because she explained that many E-2 cases today should be approached with the same discipline traditionally associated with EB-5 preparation.
Not because the visa categories are identical.
But because the mindset behind strong case preparation has become increasingly important.
EB-5 cases have always required rigorous documentation. Every projection, assumption, and financial figure must be explainable and defensible. The entire structure is built around one core principle:
Where did these numbers come from?
That same question is now becoming increasingly relevant in E-2 adjudications.
Applying an “EB-5-level” mindset to E-2 preparation does not mean making the case unnecessarily complicated. It means building a case that can withstand scrutiny.
That includes:
financial projections tied to real assumptions
clear and traceable use of funds
realistic hiring plans
operational structures that feel credible
consistency throughout the business plan
a business model that reflects how the company will actually function in real life
In other words, the strongest E-2 cases today are often those that feel most grounded in operational reality.
This matters because we are seeing increasing scrutiny at the consular level, particularly in cases involving overly optimistic projections, unclear staffing structures, vague operational plans, or unsupported assumptions. In many ways, the gap between E-2 and EB-5 adjudication standards appears to be narrowing, at least in terms of how carefully cases are evaluated.
And that creates real risk for applicants still relying on the older “lighter filing” mentality.
A case may appear perfectly acceptable on paper but quickly weaken when officers start asking practical questions about execution, scalability, hiring, operations, or the logic behind the financials.
That is why this shift in thinking is so important.
The strongest E-2 cases today are usually not the shortest or simplest ones. They are the cases where every claim can be explained, every projection can be justified, and the overall structure feels credible under scrutiny.
Because ultimately, approval is not only about showing investment.
It is about showing that the business itself makes sense. Hearing so many attorneys discuss these evolving standards in Geneva was particularly meaningful because it validated an approach we have believed in from the beginning: strong cases are built on operational credibility, not just eligibility.
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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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