For every Business Owner, Investor & Entrepreneur, the thought of putting together a business plan is very daunting but is often a necessary evil for those who want to succeed.  There are a few popular Immigration Visas where you are required to put together a comprehensive business plan and the E-2 Treaty Investor Visa, L-1 Visa and the EB-5 Visa are good examples.  These Visas are often granted (or denied) primarily based on your business plan and the plan is not something that you can gloss over.  This is particularly the case if you are submitting and EB-5 application to United States Citizenship and Immigration Services (USCIS) as the Immigration Courts have held that the business plan must adhere to stringent standards.

The Immigration Appeal’s Board Case, Matter of Ho, sets out all of the key aspects that must be in an EB-5 business plan and if you review the case you will see that there are no real surprises. That is, all of the factors that Matter of Ho says should be in your business plan are really things that any good business plan developer would include.   According to the case, when you file a I-526 petition an EB-5 investor must submit a credible comprehensive business plan demonstrating the following:

  1. A description of the business, what the business produces or the services provided and the objectives of the business.  In addition, where relevant or applicable, the plan should describe the manufacturing or production process, the inputs required, and the supply sources.
  2. A comprehensive market analysis that includes an assessment of competitors (names and why you can compete with them) along with the strengths and weaknesses of these competitors.  This has to be a detailed analysis that includes financial data and looks at the competitors product, service and pricing structure.
  3. You must describe your target market and who you expect to buy your product or service and why.  In addition, you should also detail any business that you have already secured and describe executed contracts.  To the extent contracts have been executed, the specific terms and detail should be included in the plan.
  4. Where applicable, you should also outline in the plan that the company has received or will receive project specific permits and/ or licenses.
  5. You must provide a comprehensive overview of the marketing strategy of the business, including pricing, advertising, and how you will provide your products or services.  You should detail the exact forms of marketing (eg. Google Ads, Newspapers, etc.) as well as the strategy.
  6. A detailed personnel plan is also required that outlines the business’s organizational structure and personnel. You should detail both current and future hires along with pay, job description and benefits.
  7. Your plan must include a significant amount of financial data including sales, cost/expenses, balance sheet, cash flow, and income projections.  You should also include all relevant assumptions.

Developing a good business plan takes a particular expertise and you should hire a qualified professional to develop your plan. This is particularly the case if you are seeking bank financing and/or applying for an immigration petition.  While the above detail came from an EB-5 case, business plans for E-2 & L-1 Visas should follow a similar format.

Scott Legal, P.C. is the law firm for Entrepreneurs, Business owners and Investors and we can help you with the development of your business plan, your related immigration petition, or the effective and profitable management of your business. Our Founder, Ian E. Scott, is both a Corporate Lawyer and a C.P.A. so who better to guide you through the complex world of Business Plans.   Let Scott Legal, P.C. be your guide and please contact us at 1-212-223-2964 or by email at iscott@legalservicesincorporated.com.

Get Your Free Chart That Summarizes What To Consider When Forming A Business

As a thank you for reading this article, click here to obtain a free chart that summarizes everything you wanted to know about selecting a business entity in a easy to read and understandable format.

To find out more about the new rules or other investor visas, contact Scott Legal, P.C.

book-your-consultation-button

Ian E. Scott, Esq. is the Founder of Scott Legal, P.C. He can be reached at 212-223-2964 or by email at info@legalservicesincorporated.com.


This website and blog constitutes attorney advertising.  Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed.  Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results.  Each case is different and must be judged on its own merits.