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The Messersmith Law Firm, P.A. U.S. Investor and Business Immigration Law

E-2 Evidence Planning

E-2 Business Plan Requirements and Evidence

How an E-2 business plan should support operational readiness, substantiality, marginality, hiring, financial projections, investor control, and the actual documentary record.

Legal guide Reviewed by Peter Messersmith Reviewed September 12, 2026 Primary sources linked below
Projection period Five years commonly relevant
Primary purpose Explain and support E-2 eligibility
Best practice Tie projections to objective evidence

What the governing framework requires

E-2 law does not make a business plan a substitute for objective evidence, but a well supported plan can be central in a new or developing enterprise. The current FAM suggested document checklist specifically identifies five year financial projections supported by a thorough business plan as relevant marginality evidence. The plan should explain the actual business rather than present generic projections disconnected from the investment and operations.

The business plan should organize the immigration theory of the enterprise

A business plan can help explain how the enterprise will operate, how much it costs, why the investment is substantial, how revenue will be generated, what employees will be needed, and how the investor will develop and direct the company.

It is especially important when the enterprise does not yet have a lengthy historical operating record.

The FAM specifically connects a thorough business plan to marginality

The current FAM suggested evidence checklist identifies financial projections for the next five years supported by a thorough business plan.

This aligns with the marginality rule, which states that future economic capacity should generally be realizable within five years after normal business activity begins.

Projections should be traceable to assumptions

Revenue should connect to units, customers, pricing, capacity, or contracts.

Payroll should connect to the actual staffing plan. Rent should match the lease. Franchise royalties should match the franchise agreement. Equipment expense should align with the investment record.

The plan should not use attractive figures that cannot be reconciled with the underlying transaction.

The plan should reconcile with the investment schedule

The startup or acquisition budget should match the amounts described in the legal filing and supporting evidence.

Capital already spent, funds irrevocably committed, remaining operating capital, financing, and nonqualifying amounts should be distinguishable.

The hiring plan should reflect the actual business model

A generic promise to hire workers has little value if the positions do not fit the projected revenue and operations.

The plan should identify when employees are needed, what functions they perform, and how payroll fits the financial projections.

This can support both marginality and the credibility of the investor's directing role.

The business plan must agree with the rest of the filing

  • Ownership should match corporate records
  • Investment should match bank and payment evidence
  • Purchase price should match transaction documents
  • Rent should match the lease
  • Employees should match the organizational plan
  • Revenue should match stated pricing and capacity
  • Investor duties should match the develop and direct theory

A polished plan cannot repair contradictions in the underlying evidence.

Frequently asked questions

Is a business plan required for every E-2 visa?

The exact evidence depends on the case, but a detailed business plan is commonly important for a new or developing enterprise, especially for marginality and projections.

How many years should an E-2 business plan project?

The current FAM suggested evidence list identifies projections for the next five years.

Can the business plan prove marginality by itself?

A plan can be important evidence, but projections are stronger when supported by objective investment, market, operating, customer, and staffing evidence.

Should the business plan include hiring?

Where hiring is part of the business model, the plan should show realistic timing, positions, compensation, and connection to operations.

Should investment expenditures appear in the plan?

Yes. The startup or acquisition budget should reconcile with the actual investment evidence.

Can a template business plan hurt an E-2 case?

A generic plan can create problems when its assumptions, staffing, ownership, expenses, or projections do not match the actual enterprise.

Primary authorities and official guidance

This guide was reviewed against the following government sources. Agency pages and regulations can change; confirm current editions and filing instructions before acting.

  1. 9 FAM 402.9 — Treaty Traders, Investors, and E Visas 9 FAM 402.9-11(B) identifies five year projections supported by a thorough business plan, while 402.9-6(E) governs future marginality capacity.
  2. 22 C.F.R. § 41.51 — Treaty Investor Classification Department of State regulation governing E-2 visa classification.
  3. 8 C.F.R. § 214.2(e) — Treaty Traders and Investors Department of Homeland Security regulation governing E status in the United States.
  4. U.S. Department of State — Treaty Investor Visas Official Department of State overview of E-2 eligibility and visa processing.
Editorial note: This page provides general legal information, not a prediction of outcome or legal advice for a particular matter. Legal content reviewed by Peter Messersmith , Senior Immigration Attorney, The Messersmith Law Firm, P.A..

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