EB-5 Q&A: What should be included in an EB-5 business plan?


Essential elements of a basic business plan should include the executive summary, description of business, marketing and appendix.  The Board of Immigration Appeals has provided the following specific elements of a business plan.


[A plan provides a] description of the business, its products and/or services, and its objectives. The plan should contain a market analysis, including the names of competing businesses and their relative strengths and weaknesses, a comparison of the competition’s products and pricing structures, and a description of the target market/prospective customers of the new commercial enterprise. The plan should list the required permits and licenses obtained. If applicable, it should describe the manufacturing or production process, the materials required, and the supply sources. The plan should detail any contracts executed for the supply of materials and/or the distribution of products. It should discuss the marketing strategy of the business, including pricing, advertising, and servicing. The plan should set forth the business’s organizational structure and its personnel’s experience. It should explain the business’s staffing requirements and contain a timetable for hiring, as well as job descriptions for all positions. It should contain sales, cost, and income projections and detail the bases therefor.4 Most importantly, the business plan must be credible.  Matter of HO, 22 I&N 206 (1998)


A direct investment EB-5 business plan must include ten full-time positions that will be created by each investment.  The plan must detail the project’s nature and size that would result in the required quantity of jobs.  For a regional center project, the business may use economic modeling to determine the indirect and induced job impacted related to the investor’s capital contribution.