One of the most critical elements of an EB-5 application is the business plan. It must be comprehensive and detailed. For what needs to be in the business plan, we turn to the case of In re Ho. (Ho, 22 I&N Dec. 206 (AAO) 1998.)
In In re Ho, the beneficiary was seeking an EB-5 based on an investment made in King’s Wheel Corp. A California company (based in Compton) that imports steel and aluminum automobile wheels. The beneficiary transferred over 500k into the company’s business account in exchange for half of the company’s authorized shares. The business plan indicated that sales would commence in three to six months from the date of submission of the petition and, in addition to the two employees already hired, at least eight more employees were to be hired within 12 months. Two Form I-9s were submitted as evidence that the two hires were made. But no paystubs or payroll records were provided, and it was not explained what positions the employees occupied or if they were full time or part-time.
An EB-5 investment must create at least 10 full-time jobs. If the employees have not yet been hired at the time the petition is submitted, a copy of a comprehensive business plan must be provided which shows that, due to the nature and projected size of the new commercial enterprise, the company will need to hire 10 employees within the next two years.
To be “comprehensive,” a business plan must be sufficiently detailed to permit reasonable inferences about the job-creation potential. 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;
- 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;
- A list of the required permits and licenses obtained;
- A description of the manufacturing or production process, the materials required, and the supply sources (if applicable);
- Details of any contracts executed for the supply of materials and/or the distribution of products;
- A discussion of the marketing strategy of the business, including pricing, advertising, and servicing;
- 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;
- Sales, cost, and income projections and detail the bases therefor; and
- Most importantly, the business plan must be credible.
In the case at issue, the petitioner’s four-page business plan was wholly inadequate and failed to meet the petitioner’s burden.
If you are contemplating an EB-5 green card application, call Silver Immigration today.