How Immigration Officers Evaluate Business-Based Visa Applications
This checklist helps identify approval risks before filing, when issues are still fixable.
Answer honestly. Adjudicators will.
BASIC ELIGIBILITY (Immediate Denial Triggers)
- Visa Category Fit
- Correct visa type selected for your situation
- Business activity aligns with visa intent
- No attempt to “force-fit” a business into the wrong category
High risk: Applying under the wrong visa classification.
- Ownership & Control
- Ownership structure meets visa requirements
- Control and decision-making authority are clear
- Documentation supports ownership claims
High risk: Ambiguous ownership or passive control.
- Lawful Source of Funds
- All investment funds are lawfully sourced
- Clear paper trail exists (banking, transfers, records)
- No undocumented gifts or cash infusions
High risk: Untraceable or poorly documented funds.
BUSINESS VIABILITY (Core Approval Standard)
- Real, Operating Business
- Business is active or credibly launching
- Not a “paper company” or placeholder entity
- Operations are commercially realistic
High risk: Business exists only on paper.
- Non-Marginality
- Business can support more than just the visa holder
- Clear path to job creation or economic contribution
- Financials show scalability beyond survival income
High risk: Marginal or lifestyle businesses.
- Market & Industry Logic
- Market demand is clearly demonstrated
- Competitive landscape acknowledged
- Industry assumptions are realistic
High risk: Unsupported market assumptions.
BUSINESS PLAN & FINANCIALS (Most Scrutinized Area)
- Business Plan Quality
- Written specifically for immigration review
- Addresses visa-specific adjudication criteria
- Avoids generic or investor-only language
High risk: Template or non-visa-specific plans.
- Financial Projections
- Conservative, internally consistent projections
- Hiring, revenue, and expenses logically aligned
- No exaggerated growth assumptions
High risk: Aggressive or implausible projections.
- Job Creation Logic
- Positions are operationally justified
- Hiring timeline is realistic
- Roles align with business size and stage
High risk: Inflated or unsupported job counts.
ROLE OF THE APPLICANT (Credibility Test)
- Applicant’s Role
- Role is executive, managerial, or essential
- Duties are clearly defined
- Not performing low-level operational tasks
High risk: Applicant appears replaceable.
- Experience Alignment
- Background matches the business activity
- Resume supports the claimed role
- Gaps explained credibly
High risk: No relevant experience.
DOCUMENTATION & CONSISTENCY
- Consistency Across Documents
- Business plan, forms, and exhibits align
- Financials match narrative
- No contradictions across filings
High risk: Inconsistent or conflicting information.
- Supporting Evidence
- Leases, contracts, invoices included where relevant
- Third-party validation provided when possible
- Evidence supports—not replaces—the narrative
High risk: Claims without documentation.
RISK AWARENESS & PRESENTATION
- Risk Disclosure
- Business risks are acknowledged
- Mitigation strategies explained
- No “guaranteed success” language
High risk: Plans that ignore risk entirely.
- Professional Preparation
- Filing appears organized and intentional
- Narrative is clear and credible
- No rushed or incomplete presentation
High risk: Sloppy or last-minute filings.
SCORING YOUR VISA APPROVAL RISK
Count your Yes answers:
- 13–15 Yes
Low Approval Risk
Strong alignment with adjudication standards. - 10–12 Yes
Moderate Risk
Improvements recommended before filing. - Below 10 Yes
High Risk
Likely Requests for Evidence (RFE) or denial if filed as-is.
What This Checklist Does Not Do
This checklist:
- Does not guarantee approval
- Is not legal advice
- Does not replace immigration counsel
- Does not assess personal admissibility issues
It reflects how officers assess business credibility and economic intent.
Why This Matters
Most applicants ask:
“Will my visa be approved?”
Adjudicators ask:
“Is this a real, viable business that meets the visa’s purpose?”
Approval risk is determined before filing, not during review.
