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How to write an E-2 business plan

Wang Law Firm, LLC · David Wang, Managing Attorney

Among the documents for an E-2 treaty investor visa, the business plan is the main way the consular officer learns about your business. Source-of-funds evidence shows "where the money came from," and investment evidence shows "the money has been invested." The business plan has to answer: can this business actually operate, what will it look like in five years, and does it make a real contribution to the U.S. economy?

A good E-2 business plan is not a fundraising pitch or marketing material. It is an operating plan written for the consular officer, one whose claims can be verified. Below we walk through a common structure, what each section should cover, and what the officer will be looking for in it.

What the officer is looking for

Before you start writing, be clear about the three legal requirements the business plan needs to support:

Every section of the plan should serve these three points, directly or indirectly.

Suggested structure

1. Executive summary

One page or less, summarizing what the business does, where it is, how much is being invested, how the funds will be used, the investor's role, and the headcount and revenue targets over five years. Officers have limited time, and the executive summary often sets the first impression.

2. Company overview

3. Investor background

Describe the investor's education, work and business experience, and why that experience qualifies them to run this business. The officer needs to believe you can "develop and direct" the enterprise. It's fine if your industry experience isn't a perfect match, but explain how you'll fill the gap — for example, by hiring an experienced manager or completing the franchisor's training.

4. Products and services

Be specific about what you sell, to whom, how you price it, your suppliers and how operations work. A restaurant should describe its menu positioning and average check; a logistics company should describe its service area and how it charges. The more specific you are, the more credible the financial projections.

5. Market analysis

Use less market data, but make it accurate — don't pile on national macroeconomic figures. What the officer wants to see is "why this business can survive in this location."

6. Competitive analysis

List the main nearby competitors, compare products, prices, locations and service, and explain what sets you apart. Don't claim "there is no competition" — that usually means you haven't done the research, or the market doesn't exist.

7. Marketing strategy

How you'll win your first customers and keep them: online promotion, local community events, platform partnerships, loyalty programs and so on. State the marketing budget and make sure it matches the marketing expenses in the financial projections.

8. Organization and hiring plan

This is one of the most important sections for showing non-marginality.

The law does not set a minimum number of employees for an E-2, but a business still run only by the investor five years on will have a hard time being found non-marginal.

9. Five-year financial projections

The numbers must be consistent with the narrative: the headcount and wages in the hiring plan must match the labor costs in the P&L, and the marketing budget must appear in the expenses. Numbers that contradict each other are the most common reason officers question a plan's credibility.

Writing tips

Common questions

Does the business plan have to be in English?

Yes, documents submitted to a U.S. embassy or consulate should be in English. The investor can first discuss the plan in Chinese with their lawyer or advisors, but the final version should be in English, and the investor should be familiar with its contents.

How long should the business plan be?

There is no set page count; what matters is that the content is complete and the data is supported. A simple small business doesn't need a lengthy plan, while a complex business needs more explanation. Also check the document requirements of the embassy or consulate handling your case.

Do I still need a business plan if I'm buying an existing business?

Yes. An acquired business has historical financials that can serve as the basis for projections, but you still need to describe your operating plan after the purchase, including expansion and hiring, to show the business will keep growing under you.

Can I use the materials the franchisor provides as-is?

They can be a source of reference data — for example, cost and revenue information in the franchise disclosure document — but the plan should be written for your own location, site and operating arrangements, not copied from a template.

If actual results fall short of the projections, will it affect renewal?

The officer will look at the gap between actual operations and the plan. Small deviations are normal, but if the business has no employees, very low revenue or has clearly stalled, renewal will be difficult. Before renewing, prepare an explanation and updated operating data.

Related reading

Preparing an E-2 application? Book a consultation, and we'll review your business plan against the legal requirements and make sure it is consistent with your investment evidence and source-of-funds documents.

This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and on an attorney's advice for your specific situation.