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< Back to current issue of Immigration Daily

10 Tips to Avoiding a Business Visa Denial

by Lauren A. Cohen

THE FACTS: Your client is seeking a U.S. Business Visa to operate a Business and earn an income in the U.S. The client is either (a) setting up a subsidiary/affiliate of an existing business from any country (L Visa), or (b) establishing a new business entity OR purchasing an existing business entity in the U.S., and the client holds citizenship from a Treaty country, and is investing "significant" capital into the business which is considered to be "at risk" to some degree.

THE CHALLENGE: You realize that the client needs a Business Plan to satisfy the analytical and critical USCIS Officers, but the client has no idea how to craft such a document appropriately, and you do not wish to do so on the client's behalf, yet you aren't sure where to turn for help.

THE SOLUTION: You need to work with a professional team with specific experience, not only in writing Business Plans but, more importantly, in developing Business Plans specifically designed to satisfy USCIS's investigative and questioning approach toward awarding business Visas.

My 10 Tips to Avoiding a Business Visa RFE or denial are:

  1. Always keep the audience in mind when crafting the Plan (USCIS Officers);
  2. Develop a strong case to explain why the business needs to be physically located in the U.S.;
  3. Make the Business Plan as reader-friendly, plain, simple, and clear as possible;
  4. Include charts, graphs and other visuals to augment the written Plan, including Organizational Chart(s);
  5. Present viable financial information, including viable, defendable projections;
  6. Ensure that ALL information in the Plan is realistic, defendable and reasonably attainable;
  7. Pay particular attention to employment- and lease- issues as they are often brought to bear in RFE's;
  8. Address the considerations for the type of specific type of Visa (eg: investment amount if an E, foreign parent issues if an L, etc.);
  9. Consider that the Plan will need to be updated, etc. in the event of a renewal or extension;
  10. Confirm that all information in the Plan is consistent with the application/petition/ submission/documentation being submitted.
Copyright 2010 - Lauren A. Cohen/eCouncil Inc.com, Inc. - All Rights Reserved


About The Author

Lauren A. Cohen, Esq (TN & ON)., is President of ecouncilinc.com, offering professional business plans and implementation strategies to a wide variety of businesses, with a focus on companies seeking US Business Visas.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.


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