Introduction: A Look at the E-2 Visa and the business plan
The USA has offers a unique type of visa, known as e2 visa. The fundamental objective of the e2 visa is allowing the immigrants a path for starting or investing in a business that will contribute to the USA economy. In fact, e2 visa has become quite popular with the immigrants to start and invest in a business and settle down in USA. The reason for creating the e2 business visa is to make sure more immigrants are interested and provided scope for new businesses in USA as USA economy is partially driven by the business investors from outside of the USA.
On the other hand, to get the e2 visa for business and investment in the USA, the USCIS, which is the US citizenship and immigration services, has some rigorous prerequisites and documents requirements that should be met by the prospective immigrant investors, in order to become eligible for e2 visa. One of the main prerequisite that is required by the USCIS is to submit the e-2 business plan for the prospective business. The main purpose of the e-2 business plan is that it will provide the immigration officer the idea that the prospective business is indeed a successful one and to help the officer to make the decision of granting the e2 visa and to provide the investor with the status of immigration in the US.
The prospective foreign business investor needs to fulfill the standard requirements by the USCIS to get the application for the e2 visa to be considered. Although some of the requirements by USCIS are very difficult to meet, yet there are many successful foreign investors who succeed as they are able to present a very high quality e2 plan business in front of the UCSIS, which allows them to get eligible for the e2 visa.
A look at the e2 business plan:
This segment will take a look at the e-2 business plan and the e2 business plan sample. You will be able to see why a sample is necessary to check. The e2 plan allows the UCSIS to show that the person, i.e. the investor has the necessary skills, background, experience, the necessary resources, which will allow the foreign investor to start or make an investment in a successful business that will contribute to the US economy and increases workspace for US employees. The e-2 business plan should be of similar quality and content as the regular policy for business which is prepared for the sophisticated investor(s) or any bank. In simple words, it should be professional and of high quality which is similar as the prospective venture and it should properly represent the foreign capitalist. There should be about 15+ pages for the e2 plan business and this plan should include tables, various informative chart, several types of graph and images. The e2 plan business should include the following segments to introduce the venture, which is mentioned below:
- Executive summary: it is an important section of the e2 plan for business. Executive summary is a brief synopsis at the beginning of the plan that should act like a hook to catch the attention of the officer who will handle the document. If the required interest is built, then the immigrant officer then look forward to the rest of the business e2 plan, or otherwise it will suffer if the synopsis fails to catch the attention of the officer. Now, the summary should explain some important things such as precisely explain when the business will be created or when were it created and the function of it, where the business operation be conducted etc. In addition to these, it should also clearly explain the: focused market, the business growth, the marketing strategies and also the ownership of the venture and who and how the venture is going to be managed etc. Even if these information can seem large in amount to place into a short summary, it should give a nice description to convince the officer to carry on to continue reading the whole plan for the venture.
- An excellent account of the business that the foreign capitalist is going to start
- An explanation of the product which is to be produced by the venture or the service that is going to be provided by the venture
- Meeting of the e-2 visa pre requisites: this section will show that if the foreign capitalist was able to meet the prerequisites that were set by the UCSIS and the way they were met. But the foreign capitalist will need to remember that the UCSIS will go on to reject the request if the pre-requisites are not met by the foreign capitalist.
- Value proposition: this is considered to be an important section of the e-2 business plan. For the segment of the value proposition, the foreign capitalist will need to explain how the prospective venture that the foreign capitalist is going to start will add to the USA economy by contributing to the economy. The foreign capitalist will need to convince the UCSIS about the prospective venture that it will be successful enough to make space for new employment and also to provide the essential services to benefit the citizens.
- A synopsis of the prospective of the business and this should include the important details information regarding the prospective venture that the foreign capitalist is going to start, such as: the location of the enterprise from where the enterprise will operate, agreements mentioning the specifics of the acquiring or the tenure agreements, what the reason behind selecting the specific site for the prospective venture, the work that is undertaken by the venture, products or services which will be offered by the venture, the work hours of the venture operation, the structure of the venture and various relevant and important information.
- The structure for the ownership of the venture and the administration procedure of the venture: The foreign capitalist will need to explain the involvement and the capitalist’s function within the venture. UCSIS generally presume that the foreign capitalist to own and also to conduct the administration of the prospective venture. There can also be partnership in the prospective venture and each of the partners being candidate for the application of the e2 visa individually. Also the capitalist must explain the duties of the other people in the venture such as, managers and employees etc.
- Analysis of the market
- Analysis of the venture niche, industry
- The strategies for marketing of the venture products or services
- The sustainable strategy for the venture
- Venture operating plan
- facts regarding financing the venture
List of the necessary important papers which are required for submission to USCIS?
The segment is going to take a look at the necessary documents that should be prepared for submission to UCSIS. These necessary official papers are listed below:
- The submission of the online non-emigrant visa electronic application. There is a webpage of DS-160 which is of the state department that provides with the necessary information which are needed for the processing of online DS-160 form.
- A DS -156E non immigrant treaty trader application, which is for the venture employees, should be filled and then completed with a signature.
- An authentic passport that has not been expired, enables the foreign capitalist to travel to US and the passport should not expired and it should at least contain 6 months validity beyond the specific period of stay at the US. In case there are multiple people involved in the venture, then each individual should complete the form application similar to the capitalist.
- A photograph of the applicant which measures 2×2 inches (5×5 cm)
- For any e2 visa applicants, they are required to appear for interview at the US consular department which is a part of the processing for the e2 visa application.
- A plausible e-2 business plan that shows that the venture in the US which will provide sufficient income for the applicant and dependents while staying in the US and also the venture capitalist must remember that the prospective venture must not be insignificant, otherwise the venture will face rejection.
- The registration of the venture for the US businesses.
- A valid evidence of wire transfer
- A valid evidence of funding of the venture capitalist
- The e-2 visa doesn’t allow dual intent; capitalist will need to show a reasonable evidence of intent that will show that the capitalist will return to the home country.
What is dual intent?
Dual intent is the concept of the US immigration law. The concept is that the elements that certain US visa holders, who are outsiders to be present for a certain period of time in the US, with the required legal status as an immigrant. The H-1B professionals stay in the US and at the same time seeks the legal permanent status of residency as an entrant. Or in the contrary, the holder of the visa will be recognized with the immigrant status.
How should someone make an application for the e2 visa?
To ensure that e-2 visa is submitted properly, one should know the necessary steps. The capitalist should apply to the US embassy which is situated at the country or with American consulate. The applicant of the e-2 visa should make a payment of non refundable $205 that is required for e2 visa. There are also specific countries, whose residents applying for the e2 visa are required to pay an extra fee known as the visa issuance reciprocity fee, along with the $205, which was submitted for the e-2 visa.
- For processing period of the e-2 visa, a digitized fingerprint scan of the e-2 visa applicant will also be required and this is generally required right before the interview at the embassy. The applicants of the e2 visa, aged from fourteen to seventy nine, will need to appear for an interview at the embassy. However, for the person who is aged below fourteen and above seventy nine years old are not required to appear for the interview for e-2 visa at the embassy, unless the interview is specifically asked by the embassy.
- Some e-2 visa applicants are required to appear for extra screening and the applicant will be notified of the extra screening when they apply for the e-2 visa at the embassy. The procedure of application for the e2 visa varies with each country due to differences of legal rules, policies and the regulations.
Some things to remember about e2 visa:
- Applicants need to remember some things about e2 visa. The enterprise and funding need to be in sufficient amount to enable the capitalist to start and administer the venture successfully in the US. The necessary funding for the enterprise will differ according to the enterprise and also according to enterprise size. USCIS uses a special type of scale and this scale is used for determining if the funding is enough in quantity to total value of the venture.
- After the capitalist’s venture is concluded, capitalist should go back to home country or they can make changes in the status as an immigrant by getting green card to become permanent resident of US, allowing residence for a longer period of time.
- The e-2 visa should be renewed per two year with no limit on the number of times renewal of the e2 visa. However, venture capital should be substantial and the e2 visas are generally available to the people of specific regions only.
- This e2 visa obtainable for the non-venture capitalists, i.e. workforce venture, but the person must be of similar nationality as venture capitalist. Their duty should be as a supervisory role or any duty that requires special set of skills and of higher position that will allow the person to run the US venture successfully. The person who is holding the e2 visa can also leave US at any time with no legal restrictions regarding this fact.
Which type of dependants can accompany the capitalist?
- This segment is going to show the types of dependants who can legally accompany the capitalist, i.e. e-2 visa applicant. No dependant visa class is dedicated for an e2 business visa. Although, e2 derivative visa can be received by any unmarried children and wife of the venture capitalist allowing them to successfully accompany the main applicant of the e2 visa to the US.
- In case the family member is from a different nationality than the main applicant of the e-2 visa, then the period of stay is decided by reciprocal agreement which exists between the two countries from where the family member hails from. However, if no such type of contract exists between the two countries regarding the e-2 visa, in such case the period of residing in US for the person of the different nation is similar to the period of residing in US of the main applicant of the e2 visa. The main applicant of the e-2 visa dependants are eligible to seek employment in US and to do this they should apply with the Form I-765, with the e-2 visa, which is the employment authorization form, which needs to be submitted. But if the dependent child/children below 21 years old cannot apply for any type of employment in US.
Which countries are e2 visa qualified?
Here we will take a look at some countries which has been qualified for e2 visa. Only some states are listed here and some nations for e2 visa qualified are listed below:
- Republic of Albania – (effectual time: 4th January 1998)
- Argentina- (effectual time: 20th October 1994)
- Republic of Armenia- (effective date: 29th march 1996)
- Commonwealth of Australia- (effective date: 27th December 1991)
- Republic of Austria- (effective date: 1931 May 27th)
- Azerbaijan- (effective date: 2001 August 2nd )
- Kingdom of Bahrain- (effective date: 2001 May30th)
- People’s republic of Bangladesh-(effective date: 1989 July25th)
- Kingdom of Belgium-(effectual date: 1963 October3rd)
- Plurinational State of Bolivia- (effective date: 2001 June6th )
- Bosnia and Herzegovina- (effectual time: 1882 November 15th)
- Republic of Bulgaria-(effective date: June 1994 2nd)
- Republic of Cameroon- (effective date: 1989 April 6th)
- Canada- (effectual date: 1993 January 1st)
- Republic of Chile- (effectual date: 2004 January 1st )
- People’s Republic of China- (effectual date: 30th November 1948)
- Egypt- (effective date: 27th June 1992)
- Korea (south) – (effectual date: 7th November 1957)
- Oman- (effective date: 11th June 1960)
- Pakistan- (effective date: 12th February 1961)
- Singapore- (effectual date: 1st January 2004)
- SriLanka- (effective date: 1st May 1993)
- Turkey- (effective date: 18th May 1990)
- United Kingdom- (effective date: 3rd July 1815)
What is the explanation of citizen of a treaty nation for the e2 visa purpose?
- The national of a treaty nation shows that the e-2 visa candidate of the nation is in treaty with the US for e2 visa purpose. The permanent status is not enough and e-2 visa applicant will require a valid passport from pact nation for e2 visa. Residence of the e2 visa candidate is not important, unless the person UK citizen. One simple example is: the candidate with a passport from one pact nation from above list except UK such as Spain and applicant have not lived in Spain for a long time, even then the person will be qualified for applying for an e2-visa and this is because the person is a citizen of Spain.
- On the other hand for the UK residents, the person will need to reside in UK for making an application for the e2 visa and be qualified for the e-2 visa. There are various types of factors that will decide whether UK is the actual residence of e-2 visa applicant. But there are certain requirements which will make a candidate eligible in case applicant doesn’t reside in UK.
- A person of dual nationality, i.e. several passports is not used for deciding the qualification of e2 visa because candidate is citizen of one of the pact nation; this passport of the pact nation determines the qualification of the candidate of e2 visa.
Why the pact nations only qualify for an e2 visa?
There is a reason for this and this reason for the pact nations for being qualified for the US e2 visa is described here. The e-2 visa is derived from the international treaties that US has between the other countries and this international treaty is the specific agreement or contract between the country/countries whose aim is to make a promotion of the good relations, growth of economy and also trade and if the country has the same laws as US and US capitalist can also get a e2 visa and start a new venture in the country. The treaty between the US and the individual countries in the list were signed at different times for the e-2 visa.
What are some key features of e2 visa?
This segment will take a look at the key features of an e2 visa. These key features of an e-2 visa are listed in the following points:
- In the residing period at US, capitalist or employee are only restricted to work for sponsor of e-2 visa.
- Primary e-2 visas can only last for about 5 years. This length of e2 visa will depend on the pact nation of which the person hails from. And as mentioned earlier, the candidate is qualified for extension of the e-2 visa for unlimited time, with renewing an e-2 visa every 2 year.
- As an e2 visa holder enters USA, e-2 visa holder has about 2 year, while e-2 visa can be extended while being in US only.
- Holder of e-2 visa can only be accompanied with wife and minor, unmarried children.
A look at the required qualification for an e-2 visa applicant who is applying for the e2 visa:
Here we will see required qualification for an e-2 visa applicant who is applying for the e2 visa and these qualifications of the e2 visa are listed in the following points:
- Applicant should hail from one of the pact nation that is in contract with US for qualifying for an e-2 visa.
- Approximately half of the prospective venture must be owned by similar nationals of the pact nation from where the person is from.
- The e-2 visa applicant who made the application must be owner of venture or an upper and important position held in the prospective venture.
- The venture should make a very good amount of investments in the US and contribute to the US economy
- The venture should not be a mean to support the e2 visa applicant but the venture should be occupied in various types of commercial activities and should also be eligible for the legal prerequisites of the state where the venture is going to operate. Also it should actively create a lot of job opportunity for the American citizens.
What are the requirements of the e2 visa for the visa applicant by the USCIS?
This section will take a look at the e-2 visa requirements that are set by the USCIS. As mentioned earlier, the e-2 visa applicant will need to fulfill these requirements along with the e2 business policy. These requirements for the e-2 visa are mentioned below:
- The e-2 visa applicant should come to US to fund in a new business or a previous on-going venture and for this requirement, the person should show the USCIS adequate amount of fund that is meant for investment in the venture.
- The funding should not be marginal and it must be bona fide venture. Some necessary documents should be shown to prove this as mentioned:
- The IRS provided number of employer identification
- tax returns
- The papers showing monetary statements
- The summaries of payroll or the reports of the quarterly wage
- License of the venture
- Lease contracts
- Statements from the banks or any other bills.
- The escrow documentations
- Contract of customers
To show that the business funding is not marginal, applicant should show following evidences:
- A good e2 venture plan which shows the working of the venture and the way the funding will be used and the growth potential of business and the way business is capable of creating good portion of workspace, with the contribution made towards economy.
- Tax return documents of the US or the country from where the person is from.
- Monetary statements
- The summaries of the payroll.
- The applicant should possess a required amount of money for making investments for business and the e2 venture plan which the candidate possesses certain amount that for business purpose only.
- Applicant must also provide the source of the money and should possess half of venture and direct the venture, with holding the high position.
- The applicant should show the capability of developing and running venture successfully.
How can an applicant show the capability of developing and running venture successfully?
This segment will take a look at how the applicant can show the necessary capacity to develop and run the business successfully. The applicant must submit the necessary documents to show the capacity to developing and running the venture successfully. These documents which require to be submitted are mentioned below:
- A complete and well informed partners’ list in the venture and the percentage of the venture which is acquired by the partners who are involved in the business. For the partners who have 50% share of business, then document that is to be submitted must contain signatures of other partners with shares in venture.
- The business capitalization table
- The contracts relating to the purchase of stocks, the term sheet & letter of intent. The candidate may also submit the note of understanding.
- ledger of stock
- Franchise contacts
- Partnership contracts
- Articles regarding the business
- Annual reports or one can also submit the US securities & the exchange commission (SEC) form 10-K
How to seek for an e2 business plan sample?
- This section will take a look at how to find an e2 business plan sample. An e2 business plan sample will provide a person with better idea what to include, also way of inclusion of the relevant details in the business plan as it is shown in the sample. You can find varieties of example business plan for more or less similar format. The plan of the business must not be taken lightly as the officer puts weight on the plan of the business to determine whether to give one with the status as an immigrant. One simple way of looking for e2 plan of the business sample is to search online. The sample will simply show the format, plus what sections you can add, which is shown in the sample. You can find a lot of business plan sample online. You need to type the important keywords for example, “e2 business plan sample” or sample e2 business plan ”, “e2 plan sample” would show the results which you can check and that would assist you to understand the e2 business policy through the e2 business plan sample. However, you must understand that any exact detail of e2 business plan sample must not be copied and be unique. Sample must be only used as format. Otherwise it may cause a case of fraudulency with misrepresentation that can bring about some serious consequences if any content is copied exactly from the sample.
- Another way to get help regarding e2 business strategy, by contacting consulting agency, who will provide the service and advice regarding e2 business policy. You can use the similar way to look for an agency as the above mentioned paragraph, i.e. use a search engine to search the relevant consulting agency. Type the required keyword such as: “consulting agency for the e-2 business plan” “e-2 business plan consulting agency”, to get the desired result. Website of the consulting agency is hosted online, through which the required details about e-2 visa and business plan can be found. You can also call them up for consultation, plus advices for e-2 visa and business sample. The website provides the email ID, telephone or mobile number or any other reliable method of contacting them for advices and the sample. You can also visit them by using their physical address. When looking for a consulting agency, from whom you will find the sample and the advice, you would require checking the reputation and the services offered by the consulting agency, the fees and the customer satisfaction by the consulting agency. In addition to this, if you plan to go to a consulting agency, you would also require to take the relevant documents with you which will help them to check if the application which you are going to submit to the UCSIS is correct or not or whether do you need any additional papers to strengthen your application for the e-2 visa.
- Many consulting agencies, on whose website; one can leave name, email ID, city, country.
Why a business plan needed?
There are various advantages of business plan . A business or venture plan shows the business structure. Entrepreneurs must draft business plan, but not get too indulged in preparation for the business plan. One should not open the business lacking a proper business plan. Several benefits of a business plan are there and these benefits of business plan have been mentioned below:
- The business plan will provide the business having the opportunity to check out the new ideas for business
- This business plan provide the business and offer a concise statement of business mission and the visions for business
- This business plan provide with idea allowing business clear away from any trouble if it faces any problems.
- This plan allows to focus on enterprise
- This plan allow tracking performance of business
- This plan offer a truthful verification of business performance
- This plan offer a report of services or the product business sells
- This plan offer the business marketing strategies
- This plan offer the solution to face the competitors of the business and the business strategy to face them
Now you may see why businesses plan necessary for any business. It is very important to know the various benefits of having a policy before starting up a venture. The plan has importance for the e2 visa. The business plan is checked and reviewed. Business plan must show that business offers promising future. This is why one should carefully write down the plan for the business as plan needs to be made carefully. Various business plan formats are found online and you are able to check business plan online and decide any business plan as suitable. It is recommended to go through several policies before narrowing down to the one that suits your needs. But remember, you must include relevant points in your business plan to make it appear strong and a unique plan presented to immigration officer. Your strategy must be strong enough to get accepted by the immigration officer. So, care must be taken while making it.
The factors that can get e-2 visa denial:
This section will take a look at the various factors that can contribute for denial of e-2 visa, to avoid denial of e-2 visa is by knowing the circumstances. Candidate for e-2 visa is called at US embassy for a short interview. Details which are obtained through the interview are then reviewed. Along reviewing of document submitted by the applicant for e-2 visa, this e-2 visa can be granted or it can also be denied.
According to US legal rules, there are various strict rules and regulations under which an e-2 visa may be denied in case the candidate doesn’t meet required pre requisites as stated. Some other reasons of denial for e-2 visa by US embassy can be any one of the mentioned points:
- US embassy doesn’t have relevant details of the candidate for e-2 visa for qualifying the candidate of e-2 visa.
- a doesn’t qualify due to any shortcomings that makes the candidate unable to meet the pre-requisites of e-2 visa
- Previous acts with current actions of e-2 visa candidate, for example: illegal medication history or any crimes convicted.
If candidate has been denied e-2 visa which particular candidate has applied to, candidate will be given the particular rules and regulations that made the candidate not eligible of e-2 visa. Loss of their disqualification for the e-2 visa will be offered to a few candidates.
Some details regarding the denial of e-2 visa may be check from US Immigration and the Nationality Act (INA).
Candidate deemed as not eligible for e-2 visa and not given the e-2 visa, candidate won’t be able to get e-2 visa processing fee as it is not refundable.
A look at the ineligibility waiver of e-2 visa:
- This section will take a look at the ineligibility waiver. INA contains certain legal clauses that may enable candidate denied of e-2 visa due to not being eligible to apply for the certain ineligibility waiver. All ineligibility waivers are examined by the homeland security department (DHS) of US. These ineligibility waivers are discretionary in nature; with no guarantee that the ineligibility waiver approval of DHS. Although, if the ineligibility waiver is offered through homeland security department, the candidate is then issued e-2 visa that was previously denied.
- However, not every candidate denied of e-2 visa is considered as qualified for non-eligible waiver, rather the consular office confirms the candidate denied from getting the e-2 visa for the suitability for the banning waiver. Factors that can allow someone to get qualified for ineligibility waiver has been listed below:
- If the certain ineligibility waiver is under law section available to the candidate which previously deemed candidate as not qualified for the e-2 visa.
- Candidate should be completely eligible, otherwise certain minor ineligibility that was the cause of the rejection.
- If the candidate was recommended for the ineligibility waiver to DHS from the embassy, if candidate seeks the visa of non immigrant US.
If you want to apply for the ineligibility waiver, consular office will provide the required details regarding the procedure of ineligibility waiver.
Illustrative business plan samples
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