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Questions & Answers

When must a direct investor have an EB-5 business plan?

Is an official business plan required if I am not investing through an EB-5 regional center? If it is, when do I have to have the plan ready by? Does it HAVE to be done before I submit the first part of the application for the EB-5 visa?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    All EB-5 petitions must be accompanied by a comprehensive business plan compliant with the Matter of Ho. The plan should accompany the I-526 petition.

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    Charles Foster

    Immigration Attorney
    Answered on

    You must have a business plan as part of your EB-5 petition filed on Form I-526. As always, you should consult experienced immigration counsel.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The EB-5 compliant business plan in regard to an actual business has to be prepared and filed with the EB-5 investor's I-526 petition.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Yes, yes, and yes. Business plans are required for all I-526 petitions, to be submitted WITH those I-526 petitions, regional center involvement or no.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    All direct investment EB-5 applications must contain a business plan for immigration to judge the merits of the investment, and the likelihood of success.

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    Richard A Gump, Jr

    Immigration Attorney
    Answered on

    A comprehensive, five-year business plan should be submitted with any direct investor EB-5 petition (Form I-526).

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    When filing the initial forms with USCIS.

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    John J Downey

    Immigration Attorney
    Answered on

    A detailed business plan is necessary and should be filed with the application.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    At the time of filing the first application.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Because of the strict requirements laid out in Matter of Ho, it is always good to include a business plan. Arguably, one could file without one if one had the full 10 employees at the time of filing, but you still need to show the jobs will be sustained.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The investor must submit a comprehensive business plan listing planned job creation, investment structure, financial plan, etc., when submitting the I-526 petition.

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    Michael A Harris

    Immigration Attorney
    Answered on

    You must have a business plan filed with your EB-5 direct filing at the time of filing. The precedent case of Matter of Ho provides strict guidance regarding how a business plan should be written. Even if you invest in a business that has created 10 new jobs prior to the time of filing, you still need a business plan to advise USCIS how you plan to operate your business. The business plan is your roadmap, and if you stray (substantially) from that roadmap, it would give USCIS reason to revisit your approval at a future stage in the process.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, this is best to show you understand the business and how the jobs will be created in the project.

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