EB5 Business Plan
While planning your EB-5 investment, work with your immigration lawyer, as well as a business attorney, to draw up a comprehensive EB5 business plan. This is required unless you are investing in a regional center, which will present its business plan to USCIS as a portion of your EB5 application.
Creating your own comprehensive EB5 business plan for a new, troubled, or older business in which you invest will help you provide USCIS with adequate information when you submit your I-526 petition, allowing you to obtain a conditional EB-5 green card. Your comprehensive EB5 business plan should accomplish the following:
- Describe the goals, services and products offered by the project in which you have invested.
- Predict the project’s income, as well as how much it will cost to run, after your investment.
- Examine the market within which the project will compete.
- Provide an overview of competing enterprises, including prices, products, and services offered, as well as strengths and weaknesses or competitors.
- Describe your target customers.
- Discuss marketing strategy, including how you will advertise services or products.
- Discuss staff structure, including how many employees the business will required, what they will do, and when they will be hired. If you have already hired employees, provide documentation to prove this. If you are investing in a troubled business, your EB5 business plan must demonstrate how you will maintain the existing number of jobs for at least two years. If you are investing in a regional center, you must project, using what the law considers “reasonable methodologies,” the number of direct or indirect employees you will hire over the next two years, and when. If jobs have not already been created, the regional center will work with your immigration lawyer to provide USCIS with these predictions.
- Obtain and list all licenses and permits the project requires.
Every comprehensive EB5 business plan is unique and is likely to require additional or distinct evidence. Work with your immigration lawyer and a business attorney to prepare satisfactory documentation to receive your conditional EB-5 green card.
Job Creation and Your EB5 Business Plan
Your comprehensive EB5 business plan must depict that you have already created 10 jobs, or document the necessity of 10 employees during your two-year commitment to the EB-5 investor visa program. USCIS is relatively flexible regarding when employees are hired, as long as the jobs will be created during the two-year investment period, and you project these dates in your comprehensive EB5 business plan. However, if you have not already hired employees, the job creation progress projected by your EB5 business plan must begin six months after your I-526 petition is approved.
Your EB5 business plan must state when and where you will hire 10 US workers if you have yet to do so. If you have already hired employees when you submit your I-526 petition, you must also submit documentation, such as pay stubs, payroll data, and records of I-9 tax forms to USCIS. Your immigration lawyer will help you prepare these documents correctly and ensure that you have provided all required evidence for EB5 job creation.
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