ES

VISAS BUSINESS PLANS

VISAS - INFORMATION

VISAS BUSINESS PLANS

What business plan do you need?

We can draft successful immigration business plans as stated below:

 

- E-2 Investor Business Plan

 - E-2 Employee Business Plan

 - E-2 Renewal Business Plan

 - E-1 Trader Business Plan

 - L-1A Intercompany Transferee Executive and Managers Business Plan

 - L-1B Intercompany Transferee Specialized Knowledge Business Plan

 - L-1 Extension Business Plan

 - E-1 Business Plan

 - EB-5 Direct Investment Business Plan

 - EB-5 Regional Center Business Plan

 - EB-5 RFE Regional Center Business Plan

 - H-1B Specialty Occupation Business Plan

 

You will find below some information about the most requested visas.

 

What is a E-2 visa: 

 

Evidence that you have invested in a “for profit” new commercial enterprise, which is :

Established after Nov. 29, 1990, or Established on or before Nov. 29, 1990, that is:

 -A purchased or existing business is restructured or reorganized in such a way that a new commercial enterprise results, or expanded through the investment so that a 40-percent increases in the net worth or that the number of employees increases.

-Evidence, if applicable, that your new commercial enterprise has been established and is principally doing business in a targeted employment area (TEA).

Managing the

New

Commercial

Enterprise

Evidence that you will be actively involved in the management of the new commercial enterprise (day-to-day or through policy).

Investment

Evidence that you have invested or are in the process of investing the amount required ($1 million or $500,000).

Evidence that the investment funds were obtained through lawful means.

 

Evidence that the capital used was legally acquired may be demonstrated by the following:

-Foreign business registration records. 

 

-Personal and business tax returns, or other tax returns of any kind filed anywhere in the world within the previous five years.

 

-Documents identifying any other source of money. 

 

-Certified copies of all pending civil or criminal actions and proceedings, or any private civil actions involving money judgments against the investor within the past 15 years.

Job Creation

Evidence that the new commercial enterprise will create at least 10 full-time positions—not including yourself, your spouse, sons or daughters, or any temporary or nonimmigrant workers, or individuals who are not authorized to work in the United States.

 

You will need to submit a comprehensive business plan showing the need for not fewer than 10 employees, due to the nature and projected size of the new commercial enterprise. Including approximate dates, within the next two years, and when each employee will be hired.

* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.

Job

Preservation—

Troubled

Business

The same evidence which is mentioned above for job creation except instead of the evidence that the business will create at least 10 new jobs, you must submit evidence that:

 

The number of existing jobs is being or will be maintained at no less than the pre-investment level, for a period of at least two years.

Photocopies of tax records, I-9 Forms (Employment Eligibility Verification), or other relevant documents for the qualifying employees and a comprehensive business plan shall be submitted in support of the petition. 

* Note: To be approvable, at least 10 jobs must be maintained.

* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.

Writing a compliant business plan in the complex and cumbersome EB-5 world is a refined area of expertise. The writer needs to be intimately familiar with EB-5 requirements, while understanding the importance of developing a business plan that can actually be implemented and defended.

Business Description

The main purpose of the business description is to give USCIS an overview of the (proposed) business, including the:

1. Industry

2. Business purpose, operations, and personnel

3. Mission statement

4. Business history and future plans

5. Other information that will provide the agency with an engaging overview of the business.

 

In the description, USCIS needs to get a handle of the concept, business model and likelihood of success.

Business Structure

EB-5 investors must generally invest in a for-profit, new commercial enterprise formed for the ongoing conduct of lawful business, including sole proprietorships, partnerships, holding companies, joint ventures, corporations, business trusts, or any other lawful entity. Although the EB-5 investment visa has no specific requirement for the type of business structure, this choice is very important in terms of legal, tax, and management considerations.

The three most common EB-5 entities are: Limited partnerships, corporations, and limited liability companies.

Marketing Plan with Target Market Analysis

A meaningful marketing plan and budget will assist USCIS in determining the likelihood of the business’s success. A well-developed marketing plan is a vital component of any business; it is the roadmap for promoting the product or service being sold, enabling the business to get noticed by the “right” people–the target market.

 

A business that attempts to operate without a marketing plan will likely end up wasting money, losing sales, and ultimately might fail. Notably, in an EB-5 business plan, the marketing plan must often address two different target markets –the prospective INVESTORS in the business, and the actual END-USERS of the business’s products or services.

Personnel Experience

This element of the business plan will normally include an explanation of the business’s management, key personnel, and their experience, management philosophy, backgrounds, organization, and functions. A description of personnel functions and the use of visuals, such as tables and organizational charts, are effective.

The organizational structure should follow and be, like generally accepted business practices for similar businesses.

 

Competitive Analysis

Competitors should be analyzed in terms of market penetration, prices, jobs, products, services, and other relevant factors. It is important to emphasize the differences between existing businesses and the new enterprise. Understanding the weaknesses and strengths of the proposed business, when compared to competitors, paints a picture for USCIS of the challenges and advantages that the business is likely to face, and demonstrates an objective approach.

Required Licenses and Permits

Operating a business means addressing all required permits and licenses. Federal and state licenses are generally required of businesses that fall under categories important to the general public, or those that provide professional services vital to the public welfare. Local licenses usually fall under the category of occupational licenses or business taxes, and possibly sanitation or similar permitting for specific businesses.

Timetable for Hiring

The EB-5 program requires the new business to create a minimum of 10 new full-time jobs for a period of two years and/or to save 10 jobs that would have otherwise been eliminated. A compliant business plan needs to demonstrate that each investment will create 10 jobs through a detailed staffing plan, including a clear timetable for employee hiring, ideally in the narrative and visual way.

Job Descriptions

Job descriptions are an essential part of any business organization and an important element of a business plan. Job descriptions ensure that USCIS understands the jobs that will be created by the business, and the roles and responsibilities of each job. They should be practical, clear, accurate, and directly correlate to the project.

Budget and Financial Projections

The business plan must be well-documented with financial projections including sales, costs, budgets, and income over a period of five years. The budget must also show the basis and assumptions for these projections. It must show the source of funds to start up, support, and maintain the business, as well as detailing the uses of funds raised from investors. All financial projections must be based upon generally accepted accounting principles and reasonable business models.

 

As the most critical piece of the EB-5 puzzle, the business plan process can be overwhelming. The key is that you don’t have to know everything—you just have to know enough about the process to understand it and then hire experts to develop your business plan, preferably a trusted authority with the education, experience, and expertise to deliver success.

 

Requirements

Supporting Documents (Evidence)*

New Commercial

Enterprise

 

E-2 Treaty Investors

The E-2 nonimmigrant classification allows a national of a Treaty Country ( a country with which the United States maintains a treaty of commerce and navigation ) to be admitted to the U.S when investing a substantial amount of capital in a national business. Certain employees of such a person or of a qualifying organization, may also be elegible for this classification.

· Requirement 1 -  As a treaty investor, you must be coming to the United States to invest in a new or existing enterprise.

USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense, with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture, or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are investing is substantial.

· Requirement 2 - Your investment must be in a bona fide enterprise instead of a marginal one.

 

Some of the evidence you may submit to demonstrate that your business is not marginal, includes:

 - Detailed business plan or executive summary, that proves that your business will to produce more than a minimal living for you and your family, or that it will create a significante economic contribution. Besides any evidence that you believe will support the statements in your business plan. 

 - U.S. or foreign individual tax returns.

 - Financial statements.

 - Payroll summaries (i.e., W-2s and W-3).

 

· Requirement 3 -  You must be in possession of the funds you will invest, and the funds must be committed to your business.

· Requirement 4 - You must be able to provide the source of your funds.

· Requirement 5 - You must be coming to the United States to develop and manage the enterprise.

 

The E-1 Visa

 

E-1 Treaty Traders

The E-1 non-immigrant classification allows a national of a Treaty Country ( a country with which the United States maintains a treaty of commerce and navigation ) to be admitted to the U.S solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization, may also be elegible for this classification. 

General Qualifications of a Treaty Trader 

To qualify for E-1 classification, the treaty trader must:

 - Be a national of a country with which the United States maintains a treaty of commerce and navigation-

 - Carry on substantial trade

 - Carry on the main trade between the U.S and the Treaty Country which qualified the treaty trader for E-1 classification.

Trade is the existing international exchange of items of consideration between the United States and the treaty country. Items of trade include but are not limited to:

-Goods

-Services

-International banking

-Insurance

-Transportation

-Tourism

-Technology and its transfer

-Some news-gathering activities

E1 Business Plans typically include information such as:

-Executive Summary

-Information on target U.S. customers and statistics

-Summary of local markets and analysis of industry

-Table of projected international trade

-Organizational chart and hiring plans

-Detailed job descriptions

-Five-year financial projections

-Summary of product/services

We have successfully prepared thousands of customized plans and have achieved a high rate of success and approvals from USCIS officials and consular officials. We know the application process, how an effective plan looks like, and how to help you achieve your goals.

The L-1 Visa

L-1A Intracompany Transferee Executive or Manager

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office, to send an executive or manager to the United States with the purpose of establishing one.

General Qualifications of the Employer and Employee

To qualify for L-1 classification, the employer must:

 - Have a qualifying relationship with a foreign company (parent company, branch, subsidiary or affiliate, collectively referred to as qualifying organizations); besides currently been, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no other requirement that needs to be engaged in international trade.

Doing business means the regular, systematic, and continuous provision of goods and/or services, by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must:

 - Generally, has worked for a qualifying organization abroad for one continuous year, within the three years immediately preceding his or her admission to the United States; and must Be seeking to enter the United States to provide service in an Executive or Managerial capacity for a branch of the same employer or one of its qualifying organizations.

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

 

Managerial capacity generally refers to the employee's ability to supervise and control the work of professional employees, along with managing the organization, department, subdivision, function, or component. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.

New Offices

For foreign employers seeking to send an employee to the United States as an executive or manager, to establish a new office, the employer must also show that:

-The employer has secured sufficient physical premises to house the new office.

-The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition.

-The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

The Business Plan

For the purpose of an L1 visa, business plan feasibility can be established by focusing on four components:

-Market analysis: It should include an estimate of the size of the market, the projected market share, relevant information about the market, analysis of the competition and how the transfer of the employee will affect the market. The data should be collected through market surveys, field research and published sources.

-Organization analysis: It involves reviewing the organizational structure, work environment, personnel, operation and associations. It helps USCIS understand the short-term and long-term benefits of transferring the employee to the US. It also helps management to identify problems in the organization and develop strategies to address those problems.

 

-Financial analysis: It involves evaluating your business, budgets, projects and other related entities to determine the viability, stability and profitability of transferring the employee to the US. Typically, the study is done to analyze whether a business is stable, liquid or solvent enough to have a future. When doing the financial analysis, the focus should be on the balance sheet, income statement and cash flow statement.

-Overall feasibility evaluation: It is based on the results of the market analysis, organization analysis and financial analysis. It may also take into account ongoing political and other situations. The analysis helps determine whether transferring the employee in question to the US office will be feasible or not. While a separate feasibility study is not required to be included in the L1 business plan, focusing on these factors in your visa business plan helps provide justifications to the USCIS about the employee’s L1 visa petition. The immigration officer wants to make sure that the transfer of the employee to the US is justifiable and by presenting a feasible document, you are able to identify all the justifications necessary to obtain an L1 business visa.

The EB-5

EB-5 Immigrant Investor Program USCIS administers the EB-5 Program. Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:

-Make the necessary investment in a commercial enterprise in the United States.

-Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

(This program is known as EB-5 for the name of the Employment-Based Fifth Preference visa that participants receive.)

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS, based on proposals that aim to stimulate economic growth.