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Why Hiring a Lawyer to Draft Your Business Plan Can Increase Your Chances of Approval for an E-2 Visa

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Abbreviations, jargon, and buzzwords.  Every profession is plagued with obscure, industry-specific vocabulary.  We routinely use these terms and phrases and because careers are such an important part of our lives, we often take for granted that they are not part of everyday parlance.  In fact, these words may have absolutely no meaning to laypersons nor to a Consular Officer reviewing your E-2 Business Plan.

As previously discussed in our blog post here, E-2 Treaty Investor Visa applications must include a comprehensive business plan describing several key aspects of the E-2 business.

Visas can be granted (or denied) on the basis of the business plan.  One of the challenges in writing a business plan is the ability to effectively describe a business, its products and services, and marketing strategy to a consular officer who has no experience in or knowledge of your industry.  This task becomes even harder when all your professional interactions are with individuals who understand your industry and its jargon.  You are used to an environment where discussing industry-specific ideas and practices is commonplace.

The consequences of drafting a poor business plan can be severe.  The likelihood of a Consular Officer denying an E-2 application increases if they cannot understand your industry or the services you offer, even if your E-2 petition is otherwise compliant with the law.  To make matters worse, Consular Officers have significant discretion in their decisions and applicants at U.S. Consulates have no right to an administrative appeal.  An applicant’s only recourse is refiling the petition, which can be costly, time-consuming, and inconvenient.  As a result, applicants often seek third parties to draft their business plans.

Lawyers in particular are well equipped to draft effective E-2 business plans. Lawyers have the training to understand the legal requirements for the E-2 Investor Visa and are able to tailor business plans in a way that clearly establishes compliance with the law.  Additionally, lawyers—as a matter of education and practice—are trained to express and discuss complex ideas in a way that is clear and accessible to a variety of audiences with varying degrees of sophistication and knowledge.  For example, a trial lawyer must be able to discuss complex areas of the law with judges and also be able to convey them in a way that is understandable to a jury—sometimes simultaneously!  A transactional attorney must be able to interpret complex contracts and its corresponding legal doctrines, while also being able to communicate related issues to their layperson clients.  These skills are transferable to E-2 business plan drafting, as a lawyer can effectively describe your business, products, services, and financial information to Consular Officers.

Scott Legal P.C. offers business plan drafting services to our clients and has a team of lawyers that are experienced in the E-2 visa process.  Our Founder, Ian E. Scott, is both a Corporate Lawyer and a C.P.A. so who better to guide you through the complex world of Business Plans. Why run the risk of having your application denied because of a poorly drafted business plan?  Contact us today.


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