EB-5 Business Plan Compliance: Matter of Ho

Matter of Ho refers to the 1998 EB-5 case that defined the standards for an EB-5 business plan.

This matters to EB-5 investors because their investment project must comply with the case’s rulings. If it does not then they will not be able to satisfy program requirements and their EB-5 Petition will not be approved.

Submitting a business plan that demonstrates Matter of Ho compliance is a requirement of the I-526 Immigrant Petition by Alien Entrepreneur.

First, but most importantly, a business plan must be comprehensive and credible.

A comprehensive business plan, according to USCIS, will include:

• A comprehensive business plan should contain, at a minimum, a description of the business, its products or services (or both), and its objectives.
• The plan should contain 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 and prospective customers of the new commercial enterprise. The plan should list the required permits and licenses obtained. If applicable, it should describe the manufacturing or production process, the materials required, and the supply sources.
• The plan should detail any contracts executed for the supply of materials or the distribution of products. It should discuss the marketing strategy of the business, including pricing, advertising, and servicing. The plan should set forth 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 It should contain sales, cost, and income projections and detail the basis of such projections.

Your EB-5 immigration attorney will assist you with compiling the necessary documents needed for filing your I-526 petition. Don’t have an EB-5 immigration attorney? Fill out our free evaluation for an immigration attorney referral.