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Business Discussions | 30 May, 2024

EB-5 Business Plan: What is “Matter of Ho”?

Understanding the “Matter of Ho” is vital in the world of immigration business plans, especially for the EB-5 program. Established in 1990, EB-5 lets foreign investors get a green card by investing in U.S. businesses. But the success of an EB-5 investment relies heavily on having a solid business plan, which is where “Matter of Ho” comes in.

The “Matter of Ho”, decided by the Administrative Appeals Office (AAO) in 1998, sets out the guidelines for USCIS approval of EB-5 investments. It defines what the business plan needs to demonstrate: financial viability, the use of EB-5 funds, and how it will generate the necessary jobs.

“Matter of Ho” sets the rules for getting approval for an I-526 petition, which is the first step in the EB-5 process. Basically, your EB5 business plan must be crystal clear about what your business will do, where it will be located, how the money will be spent, and when and how jobs will be created. In other words, your business plan needs to persuade the USCIS officer that the business you’re investing in is worth granting you an immigration visa.

 

Requirements of Matter of Ho

  • Craft a clear and concise summary introducing yourself, your new business, its objectives, operations, and job creation potential, serving as a compelling sales pitch to the USCIS.
  • Provide thorough descriptions of your business, including organizational structure, staffing, cost of employment, key personnel experience, and assigned responsibilities, ensuring clarity and persuasiveness.
  • Demonstrate the amount of capital invested or to be invested in the business, along with the sources of funds, emphasizing the real risk and legality of the investment.
  • Clearly illustrate how your business is more likely to generate the necessary employment for eligibility for a business visa, substantiating claims with evidence and data.
  • Conduct a well-researched analysis of the target market and potential customers, including a comparison of competitors with a SWOT analysis to provide a comprehensive understanding of the business landscape.
  • Develop a detailed strategy based on market, industry, and competitor insights, outlining how products and services will be marketed and sold to maximize business growth.

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  • Explain the operational aspects of your business and how products and services will be monetized in a manner that is easily understandable to USCIS officials.
  • Provide transparent financial information, including a 5-year forecast of profit and loss, cash flow, and balance sheet, to establish credibility and viability.
  • Ensure credibility by avoiding assertions and speculations, supporting claims with independent and verifiable evidence, and maintaining consistency with other parts of the I-526 petition.
  • Ensure that the business plan is consistent with USCIS requirements and information provided elsewhere in the petition, minimizing discrepancies and enhancing credibility during review.

In short, a compelling EB5 visa business plan follows the rules set by “Matter of Ho” to make a strong case for investment-based immigration. By meeting each requirement and giving detailed evidence, you boost your chances of USCIS approval.

To create a successful EB-5 plan, meticulous planning, comprehensive research, and effective communication are essential. At BSBCON, our EB-5 visa business plan writers specialize in guiding clients through the intricate process of EB-5 investment. By adhering to the guidelines established in “Matter of Ho” and showcasing your business’s true potential, we can help streamline the immigration process and increase the likelihood of success.