One of the things I see come up a lot with E-2 applications is hiring employees. If you are being told to hire several employees in order to get approved then you need to read this.
Its not actually mandatory and it’s actually fairly common to be approved without having any hired employees in place for your first E2 submission.
A lot of people feel pressure to hire early just to check a box, but hiring just for the sake of hiring is often not the best use of your cash. (Honesty its often a waste if not structured right and could be used for other things.)
Before you hire any employees make sure you have the thought through the following aspects as they often make up a very strong application. Plus they put you in a better position post approval.
A clear hiring plan (this is often placed in the operations section of your business plan). You don’t need employees on payroll to get approved, but you do need to show: who you plan to hire, when, the org structure and how that ties to revenue. That’s what supports the non-marginal argument.
Thoughtful use of funds. Money at risk doesn’t mean keeping it in your bank account but it also doesnt mean throwing money at random expenses. Look into escrow account for some large expenses. I'’ve seen people overlook tools like this and its actually ensures the investment is irrevocably committed & at risk. Funds are placed with a third-party agent and released automatically only upon visa approval, protecting the investor & meeting USCIS standards. This can pay lease deposits, buy equipment, to hold funds for payroll or other eligible startup costs.
Other key details (e.g. insurance, licenses, vendor agreements, letters of intent). Your goals is not only to just get the visa. Plan to build something that actually works after you get it.
A strong business plan (that’s actually usable)
Your business plan shouldn’t just be written for immigration. It needs to serve two purposes: A) get you approved B) Leveraged for future lenders.
Approval is one thing. Once approved you then shift focus to building and growing your business so you need a solid plan.
- Don’t ignore business credit early. Once you’re in the U.S., your ability to access funding, manage cash flow, and scale is heavily tied to your business & personal credit profile. So while you’re focused on structuring your E-2, you should also be thinking about: setting up tradelines, establishing vendor relationships, building credit history early
(E.g., we structure services so they can be reported to help clients build business credit as they grow. Small things like that make a difference over time.)
If you’re in the process and trying to figure out what that balance looks like for your situation, feel free to reach out. I happy to share what I’ve seen work & good luck on your E2 journey.