The Importance of a Well-Drafted Business Plan in L1, E2 and EB5 Visa Matters
Author: Orlando Ortega-Medina, Esq. (Member, State Bar of California)
The United States government expects to see a well-drafted business plan as support for applications in both the E Treaty Visa category and the EB-5 Immigrant Entrepreneur category. Additionally, USCIS often kicks back a request for a “feasibility study” in L1 “New Office” petitions, which is something that is normally included in a well-drafted business plan. Hence, it stands to reason that inclusion of a well-drafted business plan is essential as supporting documentation in an L1 “New Office” Petition.
As evidence of the critical importance of a well-drafted business plan is the fact that the United States government frequently denies L1 visa, E2 visa and EB5 visa petitions and applications due to their lack of a business plan that is both comprehensive and credible.
a.) Fully describes the enterprise, its products and services;
b.) Analyzes the market in detail, including potential customers and competition;
c.) Outlines a marketing strategy;
d.) Projects sales, costs, and income over a period of 5 years, showing the basis for these projections; and
e.) Presents complete details regarding the enterprises organizational structure, including complete job descriptions and a staffing timetable.
In short, the United States government expects to see a business plan that is as comprehensive as one that would be presented to a bank for purposes of seeking funding. Therefore, it is strongly recommended that one seek the services of a professional who is familiar with the relevant immigration regulations to draft ones business plan if one hopes to stand a strong chance at success in an L1 visa, E2 visa or EB5 visa petition or application.
When selecting the right firm to draft a visa-specific business plan, a company or investor should seek out a firm that possesses both experience in the writing of bespoke business plans as well as the appropriate legal expertise to tailor the plan to the specific requirements of the L1 visa, E2 visa or EB5 visa categories.
To ensure that all the required elements of a well-drafted business plan will be covered to the satisfaction of the United States government, the company or investor should satisfy themselves that all of the following services will be covered by the fee that they will be paying for the business plan writing service:
a.) Setup of business plan according to target visa category;
b.) Gathering of information and documentation regarding company ownership, objectives and mission;
c.) Working with business owner to determine concise statement regarding company’s success formula;
d.) Work out with owner the visa-appropriate management and staffing plan (i.e., executive/management mix for L1 visa; marginality avoidance for E2 visa; creation of 10 full-time positions over a 2-year period for EB5 visa;
e.) Draft an easy to read service summary;
f.) Collaborate with client to create feasibility study, which covers target market, customer/client potentiality in geographical area (with growth projections), and competition analysis;
g.) Gather financial information to draft financial plan and Tables, including Start-up Summary (as applicable), Sales Forecast, Operating Expenses, and 5-year Projections.
Once the business plan has been developed into its penultimate draft, it should undergo a final review by the responsible immigration attorney to secure an opinion as to the viability of the plan, from a financial perspective. (Obviously, if the responsible immigration attorney is drafting the business plan, his or her opinion will be rendered simultaneously with the creation of the penultimate draft.) Once the responsible immigration attorney has rendered his opinion that the plan is fiscally viable, the plan can be finalized and signed off for inclusion in the visa application package.
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Ortega-Medina & Associates has over ten years experience dealing with business visa cases, including the crafting comprehensive business plans, with clear, easy-to-read narratives, tables and charts that are calculated to satisfy the relevant visa requirements of the United States government. The firm keeps its clients informed and involved throughout the process, and forwards drafts of its work-in-progress for periodic review to ensure the developing plan stays on target. Given that time is often of the essence in these cases, the firm aims to have a final draft of the plan in its clients’ hands in ten (10) business days. Interested parties should contact the firm to discuss further.
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