How to Write a USCIS-Compliant EB-5 Business Plan
Table of Contents
Meta Title: How to Write an EB-5 Business Plan for USCIS Approval
Meta Description: Step-by-step guide to writing a USCIS-compliant EB-5 business plan, including job creation, investment use, and immigration best practices.
Introduction
The EB-5 Immigrant Investor Program is one of the most popular ways for foreign investors to gain U.S. permanent residency while contributing to the American economy. But beyond meeting the minimum investment requirement of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA, you must also submit a USCIS-compliant EB-5 business plan.
This plan isn’t just a formality—it’s the evidence USCIS uses to determine whether your investment will create at least 10 full-time U.S. jobs and contribute to economic growth. If your plan fails to meet their strict guidelines, your application could be delayed, receive a Request for Evidence (RFE), or be denied altogether. Investors can follow verified EB-5 Business Plan Samples to ensure their documentation fulfills visa-approval criteria.
In this guide, we’ll break down exactly what to include in an EB-5 business plan so it meets Matter of Ho standards and gives you the best chance of approval.
Step 1: Prove the Business Is Real and Viable
Before USCIS even evaluates your financials, they want to see that your project is a legitimate, functioning business venture.
A compliant EB-5 plan should include:
- Registered Legal Entity
Proof that the New Commercial Enterprise (NCE) is legally registered in the U.S. This includes incorporation documents, operating agreements, and state registration records.
- Physical Presence
Evidence of a business location, such as a signed lease agreement, property purchase documents, or photographs of the site.
- Contracts, Licenses, and Agreements
Copies of supplier contracts, service agreements, permits, or licenses to show operations are underway or will be shortly.
- Clear Ownership Structure
A diagram that shows the relationship between the foreign investor(s), the U.S. enterprise, and any affiliated Regional Centers. This should also detail the roles of local management and any other equity partners.
Pro Tip: USCIS prefers tangible proof over future promises. If your business hasn’t launched yet, you need to provide credible evidence of readiness—such as signed contracts, pending permits, or vendor agreements.
Step 2: Detail the Capital Investment
The EB-5 program has strict investment requirements, and your plan must prove exactly how and when your capital will be deployed.
- Minimum Required Investment
- $800,000 if the project is in a TEA (Targeted Employment Area)
- $1,050,000 for non-TEA locations
- Capital Must Be “At Risk”
The investment must involve real business risk—meaning it cannot be a guaranteed return or passive holding. It should be committed to operational or capital expenses.
- Fully Traceable Source of Funds
USCIS will require separate documentation proving your capital came from lawful sources, but your plan should show how that capital will be used.
- Itemized Use of Funds
Include a capital expenditure breakdown covering:
- Construction or renovation costs
- Equipment purchases
- Marketing and operational expenses
- Working capital reserves
- Staffing and payroll allocations
By mapping out every dollar, you help USCIS see the project’s financial logic and feasibility.
Step 3: Create a Job Creation Timeline
Job creation is the heart of the EB-5 program. Your plan must clearly demonstrate that the investment will generate at least 10 full-time jobs for qualifying U.S. workers within two years of the investor receiving conditional residency.
To meet USCIS standards:
- List Job Titles
Identify each role (e.g., General Manager, Sales Associate, Operations Coordinator) and describe their responsibilities.
- Include Wage Levels
Provide salary estimates or ranges that align with local labor market rates.
- Provide Hiring Milestones
Show when each position will be filled. For example:
- Year 1: Hire 5 employees during construction/launch phase
- Year 2: Add 5 more as business operations scale
For Regional Center projects, this may also include indirect and induced jobs calculated through an economic impact model like IMPLAN or RIMS II.
Pro Tip: Avoid vague language like “We will hire as needed.” USCIS expects a specific hiring schedule with supporting evidence.
Step 4: Add Financial Projections and Market Research
A strong EB-5 business plan combines credible financial forecasting with thorough market analysis.
- Five-Year Financial Projections
Your plan should include:
- Income Statement (projected revenue, expenses, net income)
- Cash Flow Statement (monthly/annual breakdowns showing liquidity)
- Balance Sheet (assets, liabilities, equity over time)
- Local and National Market Research
Present data on your industry’s performance in the U.S. and specifically in your project’s location. Include growth rates, consumer demand trends, and regulatory considerations.
- Competitive Analysis
Identify direct competitors, market share potential, and your unique advantage.
- Revenue Model
Show exactly how the business will make money—pricing strategies, sales channels, recurring revenue opportunities.
Pro Tip: Financial projections should be ambitious but realistic. USCIS will scrutinize numbers that seem too optimistic without supporting data.
Step 5: Follow Matter of Ho Guidelines
The 1998 Matter of Ho precedent decision is the gold standard for EB-5 business plans. USCIS uses it as a benchmark to evaluate whether a plan is sufficiently detailed and credible.
Under Matter of Ho, an EB-5 plan must:
- Be comprehensive and credible
- Include a description of the business, its products or services
- Show market analysis and competitive positioning
- Provide job descriptions and hiring plans
- Include financial projections supported by evidence
At Wise Business Plans, we ensure every EB-5 plan is Matter of Ho-compliant and reviewed by experienced immigration attorneys before delivery.
Why Professional Help Matters
Writing a USCIS-compliant EB-5 business plan is not like drafting a regular business plan. The stakes are higher, the format is stricter, and the level of detail required is far greater.
At Wise Business Plans:
- We’ve created hundreds of EB-5 business plans for investors worldwide.
- Our plans are tailored for both direct EB-5 projects and Regional Center applications.
- We collaborate closely with immigration attorneys to ensure every plan aligns with USCIS expectations.
Final Thoughts
Your EB-5 business plan is more than a supporting document—it’s your proof of compliance, economic contribution, and long-term viability in the eyes of USCIS.
If you want to avoid costly delays, RFEs, or denials, work with a professional team that understands the intersection of business strategy and immigration law.
📞 Want to get it right the first time? Contact Wise Business Plans today to speak with our EB-5 business plan team and start building your USCIS-compliant plan.