EB5 Investors Magazine | Page 90

No Two Plans Are Alike How Business Plans Should Differ for Direct Investment vs. Regional Center Investment to Ensure Matter of Ho Compliance by Marisa Marconi Whether an investor participates in the EB-5 program through a regional center or direct investment, a comprehensive business plan is a key component of the I-526 petition and provides context for job creation. The Matter of Ho precedent decision defines what USCIS considers “comprehensive” and is the standard against which USCIS reviews business plans. In theory, plan development should be straightforward, especially when such a clear list of required elements is provided. But in reality, no business fits the Matter of Ho mold perfectly, and the differences between direct and regional center investment complicate development even further. Understanding how these differences impact the elements of the business plan is crucial to developing a plan that is Ho compliant, provides the strongest case for an investor’s petition, and helps to mitigate an RFE at the I-526 stage. 88 How the Type of Project Dictates the Plan Outline Though multiple investors can invest directly into the same company, EB-5 direct investment projects typically involve one individual investing in a new or expanding business. Business plans for most direct projects closely resemble the Matter of Ho outline: the business has clearly defined operations, products and/or services, and direct job creation with a clear hiring timeline. The Regional Center Program, in contrast, allows indirect job creation and pooled capital. This makes the program an excellent source of funding for large-scale development projects. In such cases, investment is part of a larger capital stack, and the jobs are often created from both the project’s construction and its post-construction operations. A regional center business plan will address both construction and operations by including a development section that details the construction (including a detailed budget and timeline) as well as Project Summary and operations sections that describe how the project will operate post-construction (including service description, marketing EB5 INVESTORS MAGAZINE