Wilbert Liñán
Giraldo

E-2L-1AEB-5EB2-NIW A USCIS-compliant business plan is not a generic document — it is a legal-strategic exhibit built to satisfy specific adjudication criteria. It includes an executive summary, detailed company description, industry and market analysis (TAM/SAM/SOM), competitive landscape, operational plan, management structure, job creation projections, and a 3–5 year financial model with income statement, cash flow, and balance sheet. For petitions like the E-2, it also demonstrates "substantiality" of investment and managerial control. For EB2-NIW, the plan supports the national interest argument. Each plan is written in formal U.S. business English, tailored to the specific visa category, and structured to address the exact questions an immigration officer will ask.

There is no fixed minimum investment amount for the E-2. USCIS applies a "proportionality test" — the investment must be substantial relative to the total cost of the enterprise. In practice, investments under $50,000 face high scrutiny, while amounts between $80,000–$150,000+ are typically more defensible for small businesses. The key is that the funds must be "at risk," committed, and sufficient to ensure the successful operation of the business. A strong business plan is the primary tool used to justify that the investment is real, proportional, and capable of supporting the operation.

E-2 (Treaty Investor) — Requires investment and treaty country nationality. Non-immigrant visa, renewable indefinitely, no direct path to permanent residence.

L-1A (Intracompany Transferee Manager/Executive) — For executives or managers transferring from a related foreign entity to a U.S. company. Can lead to EB-1C green card. No investment required.

EB-5 (Immigrant Investor) — Direct path to U.S. permanent residence. Requires $800,000–$1,050,000 investment and creation of 10 full-time U.S. jobs.

EB2-NIW (National Interest Waiver) — For professionals with exceptional ability whose work benefits the U.S. No employer sponsor required. Best for academics, researchers, and entrepreneurs in high-impact sectors.

Choosing the right category depends on your nationality, existing business structure, investment capacity, and long-term immigration goals. I help clients navigate this decision as part of the scoping process at no extra charge.

My track record is a 100% visa approval rate across all U.S. and Spain visa business plans delivered to date. No business plan I have authored has been the cause of a denial. That said, I always disclose this honestly: visa outcomes also depend on the attorney's overall petition package, the applicant's personal history, and factors outside the business plan. What I control — the document itself — has never been the reason for a denial. In cases where USCIS has issued an RFE touching on the business plan, I have supported clients and attorneys with supplemental responses.

Yes. If USCIS issues a Request for Evidence specifically related to the business plan — financial projections, market analysis, job creation methodology, or the viability of the enterprise — I provide targeted support to strengthen or supplement the original document. This is quoted separately based on scope, but I prioritize existing clients for fast turnaround given the strict RFE response windows (typically 87 days).