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E-2 visa article

E-2 Visa RFE: How to Update Your Business Plan in Response

April 19, 20242 min read

When USCIS sends an RFE about your E-2 business plan, you must respond with targeted updates. Here is how to approach it.

What an E-2 RFE really means

A Request for Evidence is not an automatic denial. It simply means the officer needs more information before making a final decision. For E-2 petitions, RFEs often focus on the business plan, especially on marginality, financial projections, source of funds or your role in the company.

You usually have a limited window to respond, so it is important to be organized and direct.

Common RFE themes tied to the business plan

Marginality

What they are asking

The officer wants more proof that the business will generate income beyond supporting you and your family.

How to respond

  • Strengthen your hiring plan with specific roles and timelines
  • Revise projections to show a clearer path to higher revenue
  • Add market data or letters from customers, partners or advisors
  • Explain any conservative assumptions you are using and why they make sense

Financial projections

What they are asking

The officer questions whether your numbers are grounded in reality.

How to respond

  • Spell out the assumptions behind your revenue and expense lines
  • Add comparable data, such as industry benchmarks or competitor pricing
  • Adjust projections that were overly optimistic or poorly supported
  • Make sure all sections of the plan use the same figures

Source of funds

What they are asking

The officer wants a clearer, better documented path from the origin of your funds to the United States business.

How to respond

  • Expand the written narrative to cover each step in the path of funds
  • Include missing bank statements, contracts or sale documents
  • Show the transfer of money between your personal accounts and the company account
  • Confirm that the investment amounts in the plan match the updated documentation

Develop and direct

What they are asking

The officer is not convinced that you will be the person actively running the business.

How to respond

  • Add detail about your daily responsibilities
  • Explain how your background and skills prepare you for those duties
  • Include an updated organizational chart
  • Make clear that your commitment is full time and ongoing

Updating the business plan itself

In most cases it is not enough to send only a response letter. You should revise the business plan so that it directly addresses the questions raised in the RFE. That may mean:

  • Adjusting financial projections
  • Expanding the market analysis
  • Revising the investment and source of funds section
  • Adding or clarifying exhibits and appendices

The updated plan and your response letter should tell the same story in different formats.

How we support E-2 RFE responses

At E2Bplan we offer RFE focused updates for existing clients and for investors who already have a plan but need help reshaping it. We work from the exact wording of the RFE to decide what to revise, expand or add so that the officer can quickly see that their concerns have been addressed.

If you receive an RFE related to your business plan, acting quickly and responding precisely can make the difference between a final denial and an approval.

Get RFE support for your E-2 business plan