How to Write the Management Section of an E-2 Visa Business Plan

The E-2 classification is not available to passive investors. Under 9 FAM 402.9-7(B), the applicant must be coming to the United States to develop and direct the enterprise. That phrase has a specific legal meaning: the investor must have at least 50 percent ownership or possess operational control through some other device, such as a director or managerial position. Ownership alone is not enough if day-to-day decisions are delegated entirely to employees or co-owners.

The management section is where the applicant shows how control actually works. It should make clear that the E-2 investor will make hiring decisions, sign contracts, set strategy, and direct operations, not just receive distributions. If this showing is absent or vague, an adjudicator has no basis to conclude that the treaty investor standard is met, regardless of how strong the investment evidence is.

Start with a clear job title and a concrete description of what the investor will do each day. Titles like "President," "Chief Executive Officer," or "Managing Director" are common, but the title means nothing without the duties behind it. List specific responsibilities: approving vendor contracts, hiring and supervising staff, setting pricing, managing cash flow, directing marketing campaigns, and handling client relationships. These are the activities that demonstrate operational control.

Avoid vague language such as "oversee operations" or "manage the business generally." Adjudicators read hundreds of E-2 plans and recognize boilerplate. Tie each responsibility to the actual business. A trucking company investor who will negotiate freight contracts and manage driver schedules is more credible than one who will "oversee all operations." A daycare operator who will set curriculum, hire teachers, and maintain licensing compliance tells a concrete story.

If the business is already operating, describe the investor's current involvement and how it will continue or expand. If this is a new enterprise, explain how the investor will divide their time during the startup phase versus after the business reaches full operation.

Include an organizational chart that places the E-2 investor at or near the top, with all key employees or contractors reporting upward to them. The chart should show the legal entity structure (member/manager in an LLC, president in a corporation), not just job titles in isolation. For a small business with two or three employees, the chart will be simple. For a franchise or multi-location operation, it may be more layered, but the investor's position above all operations must be clear.

For businesses with a silent co-investor or a passive equity partner, the chart needs to distinguish between ownership interest and managerial authority. A co-owner who holds 30 percent equity but has no operational role is different from one who shares day-to-day management. The E-2 applicant's controlling or managerial position must still be evident even when others hold equity stakes.

• Show the E-2 investor's name and title at the top of the reporting hierarchy
• List all current and planned positions that report directly to the investor
• Indicate which roles are filled at the time of filing and which are projected hires
• If using a co-manager or general manager, explain how the investor retains ultimate authority

The management section should include a brief professional biography of the E-2 investor. This is not a resume attached as an exhibit. It is a narrative in the plan itself that connects the investor's experience to the specific business they are entering. Prior work in the same industry, relevant certifications, language skills that support client relationships, and any training associated with a franchise system all belong here.

Under 9 FAM 402.9-7(B)(2), the officer considers whether the investor is capable of developing and directing the enterprise. Experience is part of that showing. An applicant opening a restaurant who has run food service operations abroad has a stronger case than one with no food industry background. Prior experience in the exact field is not required, though. Many E-2 investors are serial entrepreneurs. The key is to show that the investor has the skills, relationships, or specific training to manage this particular business.

If key hires will supplement the investor's skills, for example a licensed contractor managing a construction company where the investor brings business development and financial management, explain that structure and show how the investor directs those specialists rather than depending on them to run the company independently.

The management section and the staffing plan overlap. Both address who will do the work. In the management section, the focus is on the investor's own role relative to employees. In the staffing plan, the focus is on the job creation timeline and the roles being created. Briefly reference the staffing plan here and explain how the investor will manage the hiring process and supervise the workforce once hired.

For marginality purposes, the fact that the investor will directly manage employees rather than being the sole worker supports the finding that the enterprise is not marginal. An investor who hires, trains, and supervises a team is clearly running an active enterprise, not a one-person shop that merely supports the investor's livelihood.

State whether and how the investor will be compensated. The E-2 investor must invest in the enterprise, and early-stage draws should be modest and tied to business performance rather than treating the visa as a salary vehicle. If the business projects a salary for the investor in years two or three, show that this comes from business profits exceeding a marginal income threshold.

The investor must intend to work full-time in the enterprise. Part-time management of an E-2 business is a common RFE trigger. State clearly that the investor will dedicate full-time attention to the business, describe work hours or responsibilities that reflect genuine engagement, and avoid any language that suggests the investor will be minimally involved.

The management section is narrative, but it should be backed by exhibits in the application package. Relevant supporting documents include the investor's resume or curriculum vitae, any franchise training certificates, professional licenses the investor holds or plans to obtain, prior employment records showing industry experience, and any consulting or advisory agreements that support the investor's role.

For petitions filed with USCIS on Form I-129, the management section of the business plan should be consistent with the petition itself, the support letter, and any employment records. Inconsistencies between the plan and other filed documents are a frequent basis for RFEs. If the petition says the investor will serve as general manager with two supervisors reporting to them, the org chart and the management section of the business plan should say the same thing.