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How to Avoid USCIS’s Most Common Complaint About EB-5 Business Plans

How to Avoid USCIS’s Most Common Complaint About EB-5 Business Plans

When preparing an EB-5 business plan, meeting USCIS standards is not just about having a well-written document. It’s about crafting a plan that is credible, comprehensive, and free from the most common deficiency identified by USCIS: being “all rhetoric, no substance.” A plan overloaded with vague promises and lacking detailed, actionable information is likely to lead to RFEs or even denial.

To avoid this, your EB-5 business plan should include essential elements that USCIS looks for when determining its credibility and feasibility.

What Should an EB-5 Business Plan Contain?

A credible and comprehensive business plan will address the following key areas:

1. Market Analysis

Provide a detailed market analysis that outlines the demand for your product or service and highlights the economic context of your industry. Avoid generic statements; use real data to support your claims.

2. Competitor Analysis

List competing businesses, analyze their strengths and weaknesses, and compare their products and pricing structures with your own. USCIS will want to see how your business differentiates itself in the market.

3. Target Market Description

Clearly identify your target market and prospective customers. A strong understanding of your audience demonstrates that your business has a well-defined focus and a realistic path to success.

4. Permits and Licenses

Detail all required permits and licenses, and note which ones have already been obtained. This ensures USCIS that you’ve taken necessary legal steps to operate your business.

5. Manufacturing or Production Process

If applicable, describe your manufacturing or production process, including materials required and their supply sources.

6. Contracts and Agreements

List any executed contracts for the supply of materials or distribution of your products. Concrete agreements lend credibility to your business plan.

7. Marketing Strategy

Discuss your marketing approach, including pricing strategies, advertising plans, and customer service initiatives. This section should clearly outline how you plan to attract and retain customers.

8. Organizational Structure

Set forth the organizational structure of your business and highlight the experience of key personnel. USCIS wants to see that your team has the expertise necessary to run the enterprise successfully.

9. Staffing Requirements

Explain your hiring plan, including a timetable for staffing and job descriptions for all positions. Clearly outline how your business will create at least 10 full-time jobs, as required by the EB-5 program.

10. Financial Projections

Include sales, cost, and income projections, along with the basis for these projections. Avoid overly optimistic numbers; instead, ground your forecasts in industry benchmarks to demonstrate realism.

The Importance of Credibility

While USCIS does not require an EB-5 business plan to contain every single detail, the more comprehensive and credible it is, the stronger your case becomes. A well-rounded plan demonstrates that it is “more likely than not” that your business will succeed, fulfill EB-5 requirements, and contribute to the U.S. economy.

USCIS reviews business plans holistically, analyzing all elements to determine whether the plan is feasible and consistent with the goals of the EB-5 program. Skipping key details or presenting an overly optimistic plan without support can raise red flags, undermining your petition. Most importantly, USCIS emphasizes that a plan must avoid the common deficiency of being “all rhetoric, no substance.”

Why Attorneys Nationwide Recommend Us

Our EB-5 business plans are trusted by the nation’s top immigration attorneys because they are thorough, comprehensive, and concise. For over 15 years, we have consistently delivered results, helping clients meet USCIS requirements with plans that are detailed, credible, and grounded in reality.

  • Founded in Industry Benchmarks: Our plans are rooted in extensive research, ensuring every element is backed by credible data.
  • Profound Business Knowledge: As business consultants, we understand business. Therefore, we know what it takes to create a plan that is both detailed and realistic.
  • Attorney-Recommended: Prominent immigration attorneys work with us because of the results we bring to the table. They know our team is focused on visa outcomes and dedicated to crafting plans that help their clients succeed. Unlike other companies that rely on rewards to attract attorneys, we are trusted because of our expertise, commitment to quality, and proven track record over the last 15 years.

If you want a business plan to support an EB-5 visa petition that USCIS can confidently approve, contact us today. Let us help you create a Matter of Ho-based plan that sets you on the path to EB-5 success.

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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.


Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.


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