EB-5 Investor Visa Business Plan Consulting

What is the EB-5 InvestorVisa Program?

According to the United States Citizenship and Immigration Services (USCIS), “Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.” Qualified foreign nationals must meet two very important criteria in order to receive an EB-5 visa:

• Make the necessary investment in a commercial enterprise in the United States; and
• Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

The applicant must invest either $1.05 million or $800,000 depending on the location and whether you will create or preserve at least 10 jobs. The $800,000 minimum investment amount applies when an investor invests in a Targeted Employment Area (TEA). A TEA is a rural area where the unemployment rate is at least 150% above the national average.
The investment may be either a direct investment in an operating business or a commercial real estate investment or invest in a “Regional Center.” A regional center is a private company that focuses on investment in businesses or real estate and allows investors to invest in the business or real estate project along with other investors. The business or real estate venture is managed professionally by the Regional Center and each investor is simply a passive investor.
Immigrants who receive an EB-5 visa receive a green card. A green card, known officially as a permanent resident card, is an identity document that shows that a person has permanent residency in the United States. They may live and work in the U.S. full-time or part-time.

Who is Eligible to Participate in the EB-5 Visa Program?

Any investor from any country and their spouses and unmarried children under 21 are eligible to apply for an EB-5 visa so long as they meet the criteria listed above.

What are the EB-5 Visa Requirements?

Investors must meet 5 primary requirements:

1. The investor must invest in either a direct business investment or a Regional Center.
2. The investment funds must come from a “legitimate source” and further show that these funds were “obtained through lawful means.” The immigration authorities will track the funds from their original source to the direct business or regional center. USCIS will require very detailed documentation to support this requirement.
3. The entire amount of the investment must be at risk of total loss. The investment must be made prior to applying for the visa and there must be a risk of loss and a chance for gain.
4. The investment must be made in a for-profit “new” commercial enterprise that is conducting or will conduct a lawful business. A “new” commercial enterprise is one that was formed after 1990.
5. The direct business or the regional center must create or preserve a minimum of 10 full-time jobs for American workers.

How to Write a Business Plan to Meet the Requirements?

USCIS requires a credible and comprehensive business plan that must include all of the topics that are included in the Board of Immigration Appeals case known as Matter of Ho. Any business plan consultant or immigration attorney knows about Matter of Ho and can explain the topics to be included. They are:

• A description of the business to include products and services and how those products and services are sourced and provided.
• A detailed competitive analysis that will include the competitive landscape, direct competitors, and competitive advantages. It should include competitor financial data (if available) and discuss competitor products and services and how those competitors price their products.
• A description of the target market and explain who the target customers are and why they will want to buy your product.
• If any licenses or permits are required, list them and indicate if they have been received and if not when they will be received.
• A marketing plan that will detail the brand, marketing strategies to include such things as advertising and social media and any other types of marketing.
• A management and staffing plan to include current and future staff as well as job descriptions and compensation.
• A financial forecast that includes a balance sheet, income statement, and cash flow forecast as well as the necessary financial assumption to explain how the financial data was developed.

How Can Cayenne Help You Prepare a Business Plan for the EB-5 Visa Program?

Immigration attorneys will tell you that preparing a business plan for an EB-5 visa application requires specialized knowledge and experience and therefore, the plan should be prepared by a highly qualified professional. EB-5 business plans are exceedingly detailed and can be anywhere from 50 to 100 pages in length. Once you have decided to have Cayenne Consulting prepare your EB-5 plan we will take the following steps to enhance your chances of having your application approved.

• We will fully understand the business you intend to start or acquire so that we can explain the business model and why you will be successful in operating the business.
• We will create a detailed, thoughtful, and reasonable financial forecast that is believable and achievable and that is presented to comply with USCIS requirements.
• We will provide the necessary market research that will document that there is a compelling and sustainable market opportunity for your company’s products and/or services.
• We will work with your immigration attorney to ensure that the business plan is consistent with the other documents that the attorney presents in your case.
• We will ensure that the business plan portrays you as an investor who will contribute to the business community in which you intend to become involved.