Why is a USCIS-Compliant Business Plan Necessary?

The EB-5 Immigrant Investor Program opens a pathway to U.S. residency in exchange for foreign investment, but only if every part of the strategy and process is executed at the highest level.

And the business plan? It’s one of the most scrutinized components.

At Wright Goforth, we’ve written and reviewed hundreds of EB-5 business plans. Here’s what we’ve learned about what USCIS really looks for, and how to go beyond the minimum standard.

What Is a USCIS-Compliant EB-5 Business Plan?

To satisfy EB-5 requirements, a business plan must meet the criteria outlined in the Matter of Ho, a precedent-setting USCIS decision.

That means the plan must be:

·       Detailed and credible

·       Supported with transparent

economic forecasting

·       Clear about how the investment

leads to job creation

Core Elements of a Compliant Plan

Here’s a breakdown of what your EB-5 plan must include to meet USCIS requirements:

1.        Business Description: 

A clear explanation of the company’s operations, structure, budget, schedule/timeline, and goals. NOT generic boilerplate.

2.        Market & Competitive Analysis: 

Data-driven and specific to the region, with logic for customer demand and business viability.

3.        Organizational Structure:

Detailed roles of key personnel, and ownership and financing structure (including NCE/JCE explanation).

4.        Job Creation: 

This is mission-critical. A USCIS-compliant plan must show how (and when) at least 10 full-time jobs per investor will be created by the business or project.

5.        Financial Projections: 

Multi-year proformas, with revenue, expenses, and assumptions that are supported with credible third-party data.

6.        TEA Designation (if applicable): 

Proof that the project location qualifies for the reduced $800K investment under the TEA guidelines.

Common Reasons for RFE or Denial

Even strong projects get Requests for Evidence (RFEs) or worse, because of:

·       Lack of credibility in financing 

·       Lack of evidence to execute the project (permitting, enlistments, expertise)

·       Weak or no supporting third-party market data

·       Financials that don’t tie to market conditions

·       Unclear job creation methodology and support

Bottom line: If your business plan does not clearly demonstrate to USCIS how the EB-5 investment will be used, and how that use leads to the required job creation, they’ll ask questions or reject it outright.

Compliance vs. Gaining Investors

Of course, there’s a lot more to a successful EB-5 project than obtaining USCIS approval: you also need to raise the capital! The fact is, most EB-5 projects’ capital raise outcomes are determined prior to going to the market… so the better your project is structured, the better the outcome for your project.

There’s a reason Wright Goforth’s business plans have supported over $5 billion in EB-5 funding. We make sure every plan we write checks all the USCIS boxes, but we don’t stop there… we create business plans structured for success and designed to be informative, concise, and investor-minded, too.

Our business plans both satisfy USCIS requirements and facilitate interest and excitement for your project. You can’t raise capital without engaging with your investors, and you can’t engage investors without a well-structured project and well crafted business plan.

Reach Out

For your next (or your first) EB-5 business plan, leverage Wright Goforth’s experience drafting detailed, USCIS-compliant documents that will also assist in raising capital.

Please reach out to learn more how we can assist you and your project.