How USCIS Evaluates Business Plans in E-2 and EB-5 Cases

The Business Plan as Adjudicative Evidence
USCIS does not treat business plans as marketing documents or entrepreneurial pitches. Instead, adjudicators assess them as factual, forward-looking evidence used to evaluate eligibility under specific regulatory standards. Officers are trained to look for internal consistency, objective support, and realistic projections that align with the investor’s background, the nature of the enterprise, the industry, and the geographic market. A plan that appears generic, speculative, or disconnected from the actual investment record often raises credibility concerns, regardless of how well-written it may appear.

Key Evaluation Criteria in E-2 Cases
For E-2 petitions, USCIS focuses on whether the enterprise is real, operating, and more than marginal. The business plan is central to this analysis. Adjudicators closely examine whether the plan demonstrates the present or future capacity of the business to generate more than minimal living income for the investor and their family. This includes a realistic explanation of revenue streams, operating expenses, and staffing needs. USCIS also evaluates whether hiring projections are supported by actual business activity rather than aspirational growth narratives.

A frequent issue in E-2 cases arises when projected growth is not supported by contracts, market analysis, or operational milestones. Plans that rely heavily on optimistic assumptions without tying projections to concrete evidence often result in RFEs questioning marginality or the credibility of the enterprise.

Key Evaluation Criteria in EB-5 Cases
In EB-5 petitions, USCIS applies a more stringent review, as the business plan must demonstrate the creation of at least ten full-time qualifying U.S. jobs within the required time frame. Officers assess whether the plan meets the standards articulated in precedent decisions, including detailed timelines, hiring schedules, and financial projections.

USCIS evaluates whether the job creation model is logical and supported by the business’s operational needs. Plans that list positions without explaining why those roles are necessary, when they will be filled, and how they will be funded are commonly flagged. Similarly, financial projections must align with job creation claims; inconsistencies between revenue growth and payroll expansion are a common basis for RFEs.

For EB-5 cases, USCIS also scrutinizes whether the business plan aligns with the path of funds and actual expenditures. A disconnect between how capital is claimed to be used and how it is described in the plan can significantly undermine credibility.

Consistency Across the Petition Record
One of the most critical, and often overlooked, factors in USCIS review is consistency. Adjudicators compare the business plan against bank records, ownership documents, lease agreements, payroll records, and prior filings. Even minor discrepancies in timelines, investment amounts, or operational descriptions can trigger doubts about the reliability of the evidence as a whole. USCIS does not view inconsistencies as clerical oversights; they are often interpreted as indicators that the business plan does not accurately reflect reality.

Why Generic or Template-Based Plans Fail
USCIS routinely encounters business plans that follow standard templates but fail to reflect the specific enterprise, industry conditions, or investor’s role. While professionally formatted, these plans often lack substantive customization and factual grounding. Officers are trained to recognize recycled language, boilerplate projections, and unsupported assumptions. A credible business plan must be tailored to the specific business, location, and investment structure. Generic plans weaken the petition by signaling that the projections are not the product of genuine operational planning.

Conclusion
In both E-2 and EB-5 cases, USCIS evaluates business plans as legal evidence, not business aspirations. A strong plan demonstrates viability, credibility, and statutory compliance through detailed, consistent, and well-supported analysis. Conversely, a weak or generic business plan can negate otherwise strong evidence and lead to RFEs or denials.

For investor petitions, success often hinges not on how ambitious the business appears, but on how convincingly the business plan aligns with regulatory requirements and the documented reality of the investment.

Unilaw Global Services provides comprehensive support for U.S. visa filings, including the preparation and review of business plans used in investor and employment-based petitions. Our work focuses on aligning business plans with regulatory standards applied in E-2 and EB-5 adjudications, ensuring that financial projections, job-creation models, operational timelines, and capital-use narratives are internally consistent and supported by documentary evidence. Rather than relying on generic templates, we help structure business plans as credible legal exhibits that accurately reflect the enterprise’s operations and the applicant’s role.

For individuals or enterprises preparing investor or employment-based petitions and seeking to ensure that their business plans withstand the heightened scrutiny of modern USCIS adjudications, our team is available to assist throughout the preparation process. Contact us here.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each immigration matter depends on individual circumstances, and outcomes remain subject to USCIS discretion. For case-specific advice, please consult qualified counsel.