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What is Matter of Ho and how does it affect my EB-5 investment?

I am interested in applying for the EB-5 program and during my research, I have read that my project must be Matter of Ho compliant. What exactly is the Matter of Ho and how can I ensure that my project meets that requirement?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The Matter of Ho sets forth the requirements for a comprehensive and effective business plan. The business plan must be compliant with all EB-5 program regulations.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Matter of Ho is a landmark EB-5 case that set many rules for a proper EB-5 project and its business plan. If you're an investor, this matters as you will want the project to be compliant with the ruling. If you have a project, again, it will need to be compliant. Either way, retaining a qualified EB-5 attorney, like those at our law firm, will review the project for such compliance.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Matter of Ho is a decision that outlines the requirements of a business plan.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    Matter of Ho is an important case in the EB-5 realm. The case explains the requirements for the EB-5 investment to be approved by USCIS. If you have any additional questions, please do not hesitate to contact me.

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    Ed Beshara

    Immigration Attorney
    Answered on

    It is advisable to hire an experienced EB-5 Attorney who will work closely with an experienced EB-5 business planner. Matter of Ho specifies that the business plan must include certain information to show the project is financially viable, will commit the EB-5 investment funds and lead to the required job creation.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Matter of Ho is one of four precedent decisions issued in 1998 by the Administrative Appeals Office (AAO). The decision is most often cited with respect to what is required for a comprehensive business plan that is part of the I-526 immigrant petition package. In order to gain I-526 petition approval, the USCIS must determine what the business activity is, how the capital will be spent in the project, and how and when the jobs will be created. The AAO decision contains a list of requirements for any EB-5 business plan. You should consult with an experienced EB-5 immigration attorney at to how your project will comply with these requirements.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    Matter of Ho is a case that outlines what a business plan should contain. The May 30 memo from CIS relaxed the standard but, your immigration attorney should be able to ensure this.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    Matter of Ho is the controlling decision which sets the standard defining whether or not an EB-5 business plan can qualify as a "comprehensive" plan for an "actual" project or business. The decision lists particular issues that must be addressed with specificity in any EB-5 related business plan submission.

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    Minjie Xu

    Immigration Attorney
    Answered on

    *Matter of Ho**, *an Administrative Appeals Office (AAO) decision, is one of the few cases that set forth the EB-5 requirement. Specifically, it defines what is a comprehensive business plan in the EB-5 arena. Unlike a normal business plan, an EB-5 business plan, according to *Matter of Ho*, must detail and highlight a few elements such as market analysis (comparison of competitors), description of target market, organizational structure and personnel's experience, timetable for hiring and job descriptions for all position, financial projections, and most importantly, business feasibility. See below applicable language from *Matter of Ho*. A comprehensive business plan as contemplated by the regulations should contain, at a minimum, 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. Most importantly, the business plan must be credible. Source: http://www.justice.gov/eoir/vll/intdec/vol22/3362.pdf

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    Clara Diez

    Immigration Attorney
    Answered on

    Matter of Ho is a case decided in 1998 by the Administrative Appeals Office: [Interim Decision #3362, in Visa Petition Proceedings # WAC 98 072 50493, decided by the Associate Commissioner, on July 31, 1998] It is considered a precedent decision. The decision sets forth the requirements of what constitutes an EB-5 compliant business plan. According to Matter of Ho, an EB-5 petition must include a comprehensive business plan that has the following elements: Description of the EB-5 business, products, services & objectives Market analysis which includes an analysis of competitors, comparison of products and prices & target market information Details about the specific permits and/ or licenses efforts If applicable, manufacturing or production process, the materials required, and the supply sources Plans for materials and the distribution of products, if applicable Overview of the marketing strategy Organizational structure and personnel Staffing requirements and hiring timetable with job descriptions for positions Sales, expenses, and income projections with bases for each It must be credible It is vital that the business plan for the project complies with all the requirements of this case.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The following is what Matter of Ho states: A comprehensive business plan as contemplated by the regulations should contain, at a minimum, 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 therefore. Most importantly, the business plan must be credible. This is fairly generic requirement that all business plan should contain for any business. However, USCIS will also consider timing aspect of job creation in their assessment of the credible business plan, including approximate dates, within the next two years, when such employees will be hire. In other words, the business plan should be specific enough to show that due to the nature and projected size of the new commercial enterprise, the need for not fewer than ten (10) qualifying employees will result, which is the fundamental requirement of 8 C.F.R. 204.6(j)(4)(i).

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