How to structure an E-2 treaty investor business plan that satisfies the substantial investment, real enterprise, and non-marginality requirements.
The E-2 treaty investor visa turns on three pillars: the investment is substantial, the enterprise is real and active, and the business is not marginal. Every section of an E-2 business plan should reinforce at least one of those three points.
Substantial investment. The amount invested must be substantial in relation to the total cost of purchasing or establishing the business. There's no fixed dollar threshold — a $70,000 investment in a $100,000 business is more substantial than $500,000 in a $10M business. - Real and operating enterprise. The business must be a real, active commercial undertaking that produces goods or services for profit. Idle investments, undeveloped land, and paper companies don't qualify. - Not marginal. The enterprise must generate more than enough income to provide a minimal living for the investor and family, or make a significant economic contribution (usually through job creation).
Executive Summary — investment overview, business concept, and immigration context - Investment Details — source of funds, investment amount to date, and remaining committed capital - Business Description — products/services, business model, and value proposition - Market Analysis — target market, TAM/SAM/SOM, and industry trends - Competitive Analysis — competitor landscape and defensible advantages - Marketing Strategy — customer acquisition, pricing, and growth channels - Operations Plan — location, facilities, technology, and daily operations - Staffing & Job Creation — hiring plan showing U.S. job creation over 5 years - Financial Projections — 5-year P&L, cash flow, and break-even analysis - Economic Impact — jobs, tax revenue, and community contribution - Risk Analysis — SWOT and contingency planning
Consular officers want to see a substantiality ratio, not just an absolute number. Structure the Investment Details section around:
Total cost to acquire or establish the business - Amount already spent (with receipts, wire transfers, invoices) - Amount irrevocably committed - Percentage of total cost represented by the investment