Questions and Answers > EB-5 Requirements

What recent developments at USCIS should we be aware of as we finish compiling our business plan?

We are in the process of putting together business plans for two EB-5 projects, an area rug manufacturing facility and a recycling plant for metal, wood and synthetics. We already have competitor analysis, financials and cash flow analysis. We have heard that USCIS often adjusts how it prefers information to be presented in business plans. What recent developments should we be aware of as we finish compiling our business plan?

Answers

• Kyle Barella

  Immigration Attorney

  Answered on April 18, 2014

  It sounds like you are on the right track. The business plan should be Matter of Ho compliant.

• Lauren Cohen

  Immigration Attorney

  Answered on April 18, 2014

  USCIS issues periodic memoranda to provide loose updates on how I-526 and I-829 cases are being adjudicated. Attorneys who regularly file I-526 and I-829 petitions have more frequent feedback from USCIS in the form of requests for evidence (RFE?s). In order to ensure that your business plan is Matter of Ho-compliant, which is the key to success, we highly recommend that you consult with a professional EB-5 business plan writer and an immigration attorney experienced in EB-5 cases. They will ensure that all items and the overall business plan, together with ancillary documents, are in line with the most recent developments as applicable at the time of filing.

• Daniel B Lundy

  Immigration Attorney

  Answered on April 17, 2014

  The number one source of RFEs that we see on business plans is a result of failing to explain the methodology, assumptions, and data sources for all projections in the business plan. How did you come up with your revenue projections? What is the basis for your staffing estimates? How did you calculate the price of your raw materials? To the extent that all of your projections can be backed up with objective, publicly-available, third-party data, it will benefit you tremendously in avoiding unnecessary RFEs. Where third party data is not readily available, you need market or feasibility studies (which in turn have to explain and source their data and assumptions). In the words of any grade-school math teacher- you need to show your math, not just provide the end result.

• Igor Serbinin

  Immigration Attorney

  Answered on April 17, 2014

  There are no recent developments concerning your very specific question. You immigration attorney would have known if any developments happened while they working on your case.

• Salvatore Picataggio

  Immigration Attorney

  Answered on April 17, 2014

  A good EB-5 attorney will keep you up-to-date on the most recent USCIS policies. Business plans must be compliant with current policies, but the extent of which depends on if it is an actual or hypothetical project.