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The EB-5 Business Plan

An EB-5 business plan is a unique type of business plan because it should incorporate findings from an EB-5 case called Matter of Ho*, which later was implemented in the USCIS Policy Manual. In the case and Policy Manual, there are important sections to an EB-5 business plan. To have a “comprehensive business plan” it should contain a description of the business, its products or services (or both), and its objectives at a minimum. According to the Policy Manual, what’s most important is that it must be “credible.” In regards to credibility, a part that makes it credible is the marketing plan section.

There are some important sections that help determine the business plan’s credibility with respect to the marketing plan. The market analysis should include “the names of competing businesses and their relative strengths and weaknesses.” Business plan writers would call this the “SWOT” analysis, which stands for Strengths, Weaknesses, Opportunities, and Threats. This framework provides a way for a business to analyze other businesses and itself. A SWOT analysis is often done at the beginning of strategic planning stage of the business. In addition, the Policy Manual says that the business plan should “discuss the marketing strategy of the business, including pricing, advertising, and servicing.” In its basic form, “pricing” is the value put to the product or service of the business from calculations and research. “Advertising” means the action of calling something to the attention of the public by announcements. “Servicing” means what the business can do to benefit its customers be it through services or products.

The marketing plan is just one section out of several important sections of an EB-5 business plan. USCIS reviews business plans in their “totality.” Thus, an EB-5 business plan should incorporate the marketing plan and other important sections such as the organizational structure, financial plan, and plan to hire 10 employees. For more information about EB-5 business plan requirements contact our firm and read our EB-5 blogs.

*Matter of Ho, 22 I&N Dec. 206, 213 (Assoc. Comm. 1998)


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