MATTER OF HO

Jul 6, 2023 | Blog

“Matter of Ho-compliant” refers to the act of meeting the requirements for an EB-5 business plan, which is a comprehensive, detailed, and credible plan that showcases the job creation potential of a new commercial enterprise. This concept stems from the precedent EB-5 decision Matter of Ho, a 1998 ruling that determined the criteria for a comprehensive business plan as outlined by the EB-5 regulations.

The Matter of Ho decision emphasized the significance of a well-prepared business plan in obtaining an EB-5 visa. This ruling defined eight specific components that a Matter of Ho-compliant business plan must contain to satisfy the EB-5 requirements. These components include a description of the business, its products or services, a thorough market analysis, a marketing strategy, an organizational structure, a breakdown of job creation, an analysis of required permits and licenses, and a comprehensive financial plan.

In essence, an EB-5 business plan must be Matter of Ho-compliant by adhering to the standards established by the Matter of Ho decision. This ensures that the business plan is comprehensive, detailed, and credible, effectively demonstrating the job creation potential and growth prospects of the new commercial enterprise. Having a Matter of Ho-compliant business plan is crucial for potential investors, as it demonstrates their commitment to a viable business venture and their eligibility for the EB-5 visa program.

By adhering to the Matter of Ho standards, an EB-5 business plan will be well-equipped to support the investor’s case before the United States Citizenship and Immigration Services (USCIS), which evaluates the applications and determines their approval based on the provided business plan. In conclusion, a Matter of Ho-compliant business plan is an essential document that showcases the investor’s commitment to creating new jobs, contributing to the economy, and following the stringent guidelines and regulations of the EB-5 visa program.

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