EB-5 Business Plan
Fully Compliant with USCIS Requirements from OGScapital

What is the United States EB-5 Visa?

The EB-5 Immigrant Investor Program, also popularly known as the United States EB-5 Visa, was introduced in the year 1990 under the Immigration Act of 1990. Under this program, eligible investors, i.e., foreign investors, along with their spouses and unmarried children below the age of 21, can apply for a conditional green card in the United States by fulfilling certain eligibility criteria.

The primary eligibility requirements under the EB-5 Immigrant Investor Program include:

1. To qualify for the EB-5 program, a foreign investor must make a minimum capital investment as below:
   1. Invest a minimum amount of $800,000 in a commercial enterprise which is doing business in a Targeted Employment Area (TEA);
   2. If the investment is made in a project located elsewhere, the investor is required to invest a minimum amount of $1,050,000; (In both cases, a proof of legal source of funds should be attached)
2. Create new or preserve at least 10 permanent full-time employments for US citizens or lawful permanent residents;
3. The project to be invested in must be approved by United States Citizenship and Immigration Services (USCIS). 

 After the requirements are met, the investor, along with their spouse and dependents, becomes eligible for the conditional green card that allows them to stay in the US for 2 years. Next, by applying under the Investment Citizenship USA Program, the investor can become a Permanent Resident once their Form I-526 is approved by USCIS. Businesses interested in obtaining EB-5 regional center status must file Form I-924 with the USCIS.

List of documents you must attach with your EB-5 visa application

EB-5 visa applicants must submit project documents, financial documents, and personal documents to file a visa application.

Project Documents include:

1. Evidence that an investor has invested in an EB-5 compatible project,
2. Evidence that an investment is made in a new enterprise,
3. Evidence that the project is located in a Targeted Employment Area (TEA),
4. Regional Centers Private Placement Memorandum, 
5. LLC Agreement, 
6. Escrow Agreement,
7. Subscription agreement.

Financial Documents include:

1. Evidence of the source of the funds, which would include the full financial history,
2. Tax records from the previous 5 years,
3. Evidence that the investor obtained the funds lawfully.

Personal Documents include:

1. Passport Scans, Birth Certificates, Marriage Certificates of the investors and their dependents,
2. Identification documents (Local or National),
3. Copy of any prior immigration applications filed.

Do you need a business plan for an EB-5 visa application?

You may be wondering if you need a business plan for an EB-5 visa application. The answer is yes, and the right business plan can make all the difference.

There are many requirements that an EB-5 business plan must meet, but one of the most prominent is the “Matter of Ho” compliance requirement. “Matter of Ho” compliance requires your EB-5 business plan to be:

1. Comprehensive;
2. Detailed; 
3. Credible; and
4. Able to demonstrate that the new commercial enterprise will create jobs and have a positive impact on the economy.

Apart from the above stated requirements, your EB-5 business plan should be:

1. Detailed enough to prove USCIS your business' job creation potential.
2. Well-researched and in-depth industry analysis to highlight targeted sectors and potential clients/customers.
3. Covering sales, marketing, and advertising strategies in a detailed manner.
4. Transparent in disclosing financial information, i.e. 5-year forecast of profit and loss, cash flow, and balance sheet.
5. Able to highlight strength, weaknesses, opportunities, and threats (SWOT analysis) of the business.

While preparing your EB-5 business plan, it’s important to make sure that all the information stated in the plan should be from a reliable source and shouldn’t be speculative in any way.

Types of EB-5 Business Plans

Hypothetical EB-5 Business Plan: 

Hypothetical EB-5 business plans are ideal for businesses that want to apply for regional center designation but have not finalized all of the exact specifics. Hypothetical business plans give a broad overview of how the project would support economic growth, create jobs, and satisfy EB-5 requirements. However, they do not provide enough information to judge a project’s suitability for implementation.

Actual Business Plan:

Actual EB-5 business plans are submitted together with the I-924 (Application For Regional Center Designation Under the Immigrant Investor Program) and I-526 (Immigrant Petition by Standalone Investor) petition. Actual EB-5 business plans include reliable information to support the viability of the project and its anticipated capacity for job creation in the form of economic predictions, market statistics, and financial assessments. This plan also includes a thorough and in-depth assessment of all areas of the project and how it meets the EB-5 program requirements.

Exemplar Business Plan:

Exemplar EB-5 business plan is when a regional center files an I-526 petition together with its I-924 petition with an Actual EB-5 business plan. The USCIS does not have to evaluate the business plan for successive I-526 petitions once it has been approved, as long as it has not been modified.

The Essential Components of an EB-5 Business Plan

There are a few essential items that you should include in your EB-5 business plan that include:

1. Executive Summary: This section should provide a snapshot of your company and its key components to the reviewing officer. It should also include a description of the business' competitive landscape, market size, and growth potential. Make sure you keep up with regulations and updates to ensure your EB-5 application is compliant.

2. Company Analysis: Company Analysis provides a detailed description of your business objectives, including market analysis, product/service development, and growth projection. To make sure your EB-5 application is compliant with regulations, it's important to have accurate information about the market you serve and the competition you face.

3. Industry Analysis: Next on the agenda is industry analysis. This involves analyzing the current state of the market, and identifying any potential new markets that could be profitable. Based on credible market and industry trends, it's crucial to understand what your competitors are doing so that you can remain competitive in the market and demonstrate the potential of your business to succeed in the US.

4. Market Analysis: After your business understands its market, it can develop a plan of action to reach new customers and grow business in the US. This section of the business plan will outline how you'll target potential clients and market niche interests. Make sure you consider your company's strengths and weaknesses in order to tailor your marketing plans accordingly.

5. Marketing Plan: To reach new customers and grow the business, you'll need a plan of action. This section of the business plan will outline your marketing strategy, timeline, as well as an estimate of the investment required. This will help you determine the most cost-effective way to reach new customers and grow your business in the US.

6. Operations Plan: Your operations plan will outline how you'll manage your business operations and the steps your business will need to take to reach its targeted market. This includes things like product development, manufacturing processes, as well as a description of your staffing, and infrastructure requirements. By knowing how your business will run on a day-to-day basis, you can ensure it remains operational during tough times.

7. Financial Plan: After outlining your business plan, it's important to include information about your 5 years financial projections that should include Profit and Loss, Balance Sheet, Cash Flow. This will give USCIS a clear picture of the business' potential for future growth. It's also essential to outline any necessary financing plans so that you can commence operations in the US as soon as possible.

Writing an EB-5 business plan

If you're new to the immigration process and business planning, it can be daunting and overwhelming to try writing an EB-5 visa business plan on your own. Writing an effective EB-5 business plan requires knowledge and expertise in both the legal and financial fields. A professional business plan writer will take the time to understand your business, its goals and objectives, and will provide you with comprehensive information about the investment process and potential risks. They will also make sure that your document is comprehensive and accurate, while also providing helpful tips and advice on marketing your company. 

Unsure of where to start, don't worry – at OGSCapital, our team of experienced business plan writers are here to help you write an EB-5 business plan that is tailored to your specific business needs. Our team of experts have years of experience in this area, and are willing to provide guidance and expertise throughout the entire process of writing a business plan, from drafting the initial concept to making sure that it's properly formatted and thoroughly researched.

We can provide you with guidelines, and tips on how to write a strong business plan, as well as offer feedback throughout the entire process based on your specific situation. Contact us today for more information about getting started with your EB-5 visa business plan.