Imagine running a U.S. business that generates $2 million in annual revenue and makes $200,000 and $400,000 in profit. The company is performing better than expected, and you’re preparing to renew your E-2 visa.
You would probably feel pretty confident.
But what if your original business plan projected hiring U.S. employees, and four years later, you still haven’t hired any?
This was the concern raised in a June 2026 Reddit discussion by an E-2 executive/manager whose company relied on subcontractors and a remote Canadian team.
The business was financially successful, but the visa holder was worried about how the consulate would view the company’s staffing structure.
It’s an interesting example of why a successful business doesn’t necessarily mean a straightforward E-2 renewal.
Revenue Is Only Part of the Picture
E-2 eligibility involves several requirements, and the applicable ones depend partly on whether the applicant is the treaty investor or an employee of the treaty enterprise.
For an E-2 executive or supervisory employee, one important question is whether the person’s actual duties continue to qualify as executive or supervisory.
A company generating millions of dollars in revenue may have a legitimate business model built around independent contractors. Outsourcing engineering, construction, technology, or other services isn’t inherently a problem.
However, an immigration officer may still want to understand who performs the company’s work, who makes management decisions, and what the E-2 employee actually does.
High revenue doesn’t answer all those questions.
What If the Company Has No W-2 Employees?
There’s a common misconception that every E-2 business must employ a specific number of American workers.
There is no universal minimum number of W-2 employees required for every E-2 case.
However, staffing can still be important evidence, especially when the applicant is seeking classification as an executive or supervisory employee.
Consider two companies that rely primarily on subcontractors.
In the first, the E-2 manager oversees major contracts, coordinates multiple service providers, controls budgets, negotiates agreements, and makes significant operational decisions.
In the second, the visa holder personally performs nearly all the services the company sells, with occasional assistance from independent contractors.
Both businesses might be profitable, but the nature of the visa holder’s responsibilities is very different.
That distinction deserves careful attention when preparing a renewal.
What Happens When the Original Business Plan Doesn’t Match Reality?
In the Reddit discussion, the applicant revealed another important detail: The original business plan projected hiring W-2 employees, but the company never did.
Business plans are forecasts, not guarantees. Companies change direction, market conditions evolve, and sometimes outsourcing becomes a more practical business model than hiring employees.
A difference between projected and actual staffing doesn’t automatically mean an E-2 renewal will be denied.
Nevertheless, significant changes deserve an explanation.
Why did the company decide to use subcontractors? How are those relationships managed? What responsibilities does the E-2 employee perform? And how has the company developed since the original application?
These questions become particularly relevant when the original business plan described an organizational structure that never materialized.
How We Approach These Situations at Visa Business Plans
This isn’t an unfamiliar scenario for us. Over the years, we’ve worked with clients whose businesses evolved quite differently from what their original E-2 plans anticipated, including situations involving changes in staffing and a greater reliance on independent contractors.
With the right strategy, careful documentation, and close coordination with immigration counsel, we’ve helped clients address these discrepancies and successfully renew their visas.
The starting point is understanding what actually happened during the previous visa period.
We review the company’s financial performance, compare actual operations with the original projections, and examine changes in staffing and business activities.
For example, if a company originally planned to hire employees but instead developed a subcontractor-based model, we want to understand the business reasons for that decision.
We also document how the company operates today, including its organizational structure, responsibilities, and future plans.
Rather than trying to make the business fit projections that are no longer relevant, we work to present an accurate and well-supported explanation of how it has developed.
The immigration attorney evaluates whether the applicant’s actual duties and circumstances satisfy the applicable E-2 requirements. Our responsibility is to provide the business analysis and supporting documentation that help make the case clear and credible.
Prepare for the Questions, Not Just the Financial Review
The business described in the Reddit discussion had impressive revenue and profitability. Those are certainly positive facts.
But its staffing model and the difference between projected and actual hiring raised separate questions that deserved attention before the consular interview.
We’ve seen firsthand that changes from the original business plan don’t necessarily prevent a successful renewal. What matters is understanding those changes, addressing the relevant immigration requirements, and presenting the supporting evidence effectively.
For E-2 renewal applicants, it’s worth reviewing the original business plan alongside current financial records, contracts, staffing arrangements, and actual responsibilities well before submitting the application.
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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