Penbera Paris


A New Commercial Enterprise’s Business Plan

PenberaParis either directly writes through our staff associates, or contracts with specialized firms, for the preparation of an enterprise’s  “comprehensive business plan” as defined in the USCIS adjudicated precedent case Matter of Ho.  We prefer to work with projects that are “shovel ready”, and, thus, can qualify for Exemplar status.

PenberaParis has prepared many business plans, including for:

  • Airport Facilities Expansion  
  • Biofuels
  • Solar Power
  • Syncrude/Waste Conversion Plants    
  • Commercial Office and Retail
  • Hotel, Retail
  • Residential Housing Construction
  • Earth Products and Soil Amendment    
  • Farm Products
  • Organic Dairy Production 
  • Healthcare Services and Facilities
  • Information Technology
  • Film/Media Production
  • Data Streaming  
  • Professional Sports Stadium Construction 
  • Trucking  

EB-5 business plans differ in important respects from conventional plans and are governed by the USCIS precedent case, In Matter of Ho which guides I-526 petition reviewers: A comprehensive business plan as contemplated by the regulations should contain, at a minimum: a description of the business, its products and/or services, and its objectives; a discussion of market analysis and strategy, 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/prospective customers of the new commercial enterprise; a list the required permits and licenses obtained; a description of the manufacturing or production process, the materials required, and the supply sources; details of  any contracts executed for the supply of materials and/or the distribution of products; the business’ organizational structure and its personnel’s experience, staffing requirements and a timetable for hiring, as well as job descriptions for all positions; and sales, cost, and income projections and detail the bases thereof.

An EB5 Business Plan is strengthened by the identification of specific, current, independent sources of information by either footnote or bracketing in the text. The compilation and inclusion of data, charts and tables from independent sources bears directly on plan credibility.   

Of great importance is the capital investment, revenues, expenses and net income of the project business plan, and the associated employment plan detailing the job categories, titles within each category, number of persons to be employed in these titles, and their compensation. 

EB-5 business plans must address other issues not stated in this guidance including relationships between the project company (“new enterprise”) and the limited partnership which is in many instances the standard vehicle for flowing funds from the investor to the project, the generation of jobs that meet the required EB-5 program mandate, relationships between the project company and the regional center, the escrow and release of funds process, and other issues.  The project company also has to demonstrate a high degree of specificity with respect to the timing of the use of funds through Gantt charts and schedules, the documentation and currency of market assumptions, and adequate financial resources that often serve as a bridge to EB-5 investor capital.