All EB-5 projects require a business plan for filing with USCIS. In addition to describing the project and new commercial enterprise, the business plan is used by USCIS as an evidentiary document in determining whether or not a project will create the requisite jobs. As such, EB-5 business plans must adhere to guidelines set by USCIS and must be comprehensive and credible. Plans that meet these requirements are referred to as “Matter of Ho Compliant” in the industry, in reference to the legal case that USCIS cites when defining what a business plan ought to include. For this reason, it is important to work with a plan writer that specializes in EB-5 plans and has experience in not only writing for compliance, but has a contemporary understanding of issues frequently cited in Requests for Evidence (RFEs) as well as new policies and regulations within the program.
EB-5 plan development is highly research- and detail-intensive and executing a strong plan is critical in limiting delays related to RFEs and avoiding a denial. Our recommended EB-5 business plan writers follow three core tenets:
- Plans should be customized and business-specific, not templated or generic
- It is better to invest in doing a plan right the first time than to invite the added scrutiny, expenses, and time of an RFE
- Plans are not stand alone documents; collaboration with other advisors (economists, attorneys, etc) is key to ensure consistency across all project documentation