Eb5 Business Plan

Martin, would you mind starting us off by talking a bit about ‘Matter of Ho’ issues?Martin: Many years ago, back when the USCIS was still called the INS, they issued four precedent decisions which essentially restricted the EB5 program.

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I once saw a denial that involved a casino near Carson City, Nevada.

The business plan and the economic study said that this casino was going to create 3,000 jobs. USCIS denied it, saying, "Well, how are you going to create so many jobs?

My belief is that everything you do in your business affects your brand and certainly this includes in a significant way, your business plan, which is given to investors as part of the offering.

The plan is going to make an impression on investors and influence their decision of whether to participate.

Obviously your business plan needs to recognize that reality while still being accurate.

Let's begin by discussing the I-526 approval aspects. First, you want to make sure your business plan is written to be I-526 compliant and ultimately approved by USCIS.Second, your plan needs to position your EB5 offering for marketing.It can be quite a challenge; they may go through one reiteration of the documents after another to ensure that one particular number in one document is not inconsistent within another document.It's also very important to read all the documents with common sense.Do you find that this is a minor issue or is this something that USCIS takes very seriously? A key requirement is consistency between the business plan, which ultimately supports the assumptions that go into the pro forma, and the feasibility study.At the very least, if there are differences between the feasibility study and the pro forma, especially if you are using revenues as an input into the economic model, the differences should be justifiable.You don't even have that many people around." I thought there was a problem with the case because Carson City's not far from Reno, so maybe they would be commuting.Also, I see a lot of developers try to get over the 2-year development period to get the boots on the ground construction jobs.Similarly, all the assumptions that go into driving the numbers should be properly backed up either by a feasibility study, market study, or some other third-party report, although internal experience can also be valuable if it is well documented and provable.Suzanne: I agree with the importance of consistency because that is a number one issue that I see raised in USCIS requests for evidence on business plans.


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