EB-1, EB-2 NIW, and E-2 Business Plans for Immigration – How are they different?
In this post:
An analysis of why Entrepreneurs are desirable candidates for a visa to the U.S.
The distinction between Business Plans written for different visa classifications
The purposes of a Business Plan and its value for a business owner
A description of ProfVal’s Business Plan Services
Contact ProfVal for assistance in producing your immigration business plan
Authors: Evan Land / Zachary Johnson, PhD
It is one thing to have a great idea for a business – it’s another to have an idea of how to make that business a reality. At a foundational level, a Business Plan is designed to be a comprehensive pitch for a business idea, covering not just the core idea for a company but outlining the model, organizational structure, objectives, and even projected finances of the proposed business.
As we wrote in our post “Immigration Business Plan: A Roadmap for Success,” a business plan is more than just a visa document – it is a roadmap for business success that can articulate the heart and soul of what your business will become. An Immigration Business Plan (see related articles / see service page) goes a step further. It is a roadmap for the success of a business that also presents the person behind the idea – the petitioner – and examines how their background aligns with the requirements of a visa to the United States. It is a complex document with a variety of audiences that may include your team, investors, and the USCIS.
Entrepreneurs are one of the most attractive types of petitioners for a visa to the United States because, by the nature of starting a business, they can generate various tangible benefits for the U.S. They will employ U.S. workers, generate tax revenue, and stimulate economic activity, as well as generate a number of distinct benefits linked to the industry their business will operate in. Creating a business is a constructive act: entrepreneurs bring something new to a community, the economy, and the nation by creating a new company in any industry, and we at ProfVal love to work with entrepreneurs because some of the most compelling petitions we have worked with have come from those with an exciting idea for a business.
Why do different types of visas require different types of Immigration Business Plans?
When reviewing a Business Plan provided as part of an immigration visa petition, a USCIS adjudicator will assess a petitioner’s business with consideration for how the petitioner’s credentials and plan align to the requirements of the visa they are applying for. As such, our writers make adjustments to an Immigration Business Plan based on the requirements of the visa the petitioner is applying for and communicate why a petitioner fulfills the its requirements.
While Immigration Business Plans can be used for a variety of visa categories, we next discuss following visa types:
Our team has worked with professionals in hundreds of areas when producing business and professional plans. Some of the more commo areas include: aviation, scientific research, journalism, business executives, artists (music, digital), athletics (i.e. professional sports players), medical professionals, and a variety of other specialties across a wide range of industries.
EB-1A and EB-1B Immigration Business Plans
An EB-1 “Extraordinary Ability” visa is for petitioners who have made extraordinary achievements and contributions within their industry.
In EB-1 Immigration Business Plans, it is important provide a detailed discussion of the business, but to also explain the importance of petitioner’s past accomplishments both to explain their general importance and to articulate their relevance to the petitioner’s endeavor.
Thus, an EB-1 Immigration Business Plan from ProfVal is a collaborative effort between a petitioner and our team that makes arguments to establish how a petitioner has demonstrated extraordinary ability, discussing their original contributions to an industry, scholarly works, their appearances in the media, and awards they have received from prestigious institutions, among other forms of evidence.
EB-2 NIW Immigration Business Plans
ProfVal works regularly with highly capable law firms that represent petitioners applying for the EB-2 NIW visa. In fact, our approaches to other visas take into account the requirements and considerations of the National Interest Waiver.
For an EB-2 NIW Business Plan, we rigorously analyze the business model, market factors, organizational structure, and marketing strategy of a business to establish the merits of a given idea while intentionally and repeatedly analyzing how a petitioner fulfills the 3 qualifying criteria for a National Interest Waiver. Given the established success of our EB-2 process, we create business plans for all other visa types by modifying the structure used in the EB-2 process to reflect the individual requirements and criteria of other visas.
E-2 Immigration Business Plans
An E-2 Treaty Investor Business Plan is for petitioners who intend to invest over $100,000 or more of capital in the creation of a U.S. business and intend to hold more than 50% stake in the business’ success.
Due to standards set by the USCIS, an E-2 Immigration Business Plan is a succinct document that is most impactful in articulate, precise brevity. Based on the needs of law firms we work with, the core content of E-2 plans is written to be 10 pages or less, and ProfVal aims that these 10 pages are as clear and information rich as possible.
An E-2 Business Plan covers all the information of our EB-2 process in a compressed format while also addressing how a petitioner specifically qualifies for an E-2 visa. This is important because within the language of the E-2 visa is the requirement a petitioner must invest a substantial amount of capital “in a bona fide enterprise in the United States”.
The phrase “bona fide” is a tricky clause that a USCIS agent may potentially use as grounds for rejection. As such, our central aim in our E-2 approach is to prove without a doubt the genuine nature of a business and moreover prove it has viability for growth and success.
Do not let the brevity of the E-2 plan fool you – this type of Immigration Business Plan is just as rigorously researched and constructed as those we write in other visa categories – one of the core challenges of this type of plan is, indeed, compressing a large amount of content into a short document..
Create your own Immigration Business Plan or work with ProfVal to create your Plan
If you wish to create your own immigration business plan, you may wish to start by reading our free articles that focus on Professional and Business Plans. These articles will help you structure your arguments based upon the business you hope to create and also based on the visa you will apply for.
If you are interested in contracting a business plan from ProfVal, please contact us for a quote.
As a reminder, our services should be used in conjunction with the efforts of a talented immigration attorney (learn why immigration attorneys are so important for your petition). While we cannot provide immigration advice, we would be happy to connect you to a law firm that can.