Business Plan

For purposes of the Form I-526 adjudication and the job creation requirements for an eb5 green card, the two-year period described in 8 C.F.R. § 204.6(j)(4)(i)(B) is deemed to commence six months after the adjudication of the Form I-526. The business plan filed with the Form I-526 should reasonably demonstrate that the requisite number of jobs will be created by the end of this two-year period.

A business plan for an eb5 green card must comply with the requirements set forth in the AAO precedent decision below:

The plan should contain a market analysis, including the names of competingbusinesses and their relative strengths and weaknesses, a comparison of thecompetition’s products and pricing structures, and a description of the targetmarket/prospective customers of the new commercial enterprise. The planshould list the required permits and licenses obtained. If applicable, it shoulddescribe the manufacturing or production process, the materials required, andthe supply sources. The plan should detail any contracts executed for the supplyof materials and/or the distribution of products. It should discuss the marketingstrategy of the business, including pricing, advertising, and servicing. Theplan should set forth the business’s organizational structure and its personnel’sexperience. It should explain the business’s staffing requirements and containa timetable for hiring, as well as job descriptions for all positions. It shouldcontain sales, cost, and income projections and detail the bases therefore. Mostimportantly, the eb5 green card business plan must be credible.

Source: Taken from USCIS Policy Memorandum regarding EB-5 Adjudications Policy on November 9, 2011.