The Art of Presenting your EB-5 Petition

Posted by Shahzad Ahmed with NeJame Law on February 5, 2018

Since EB-5 petitioners invest a great deal of wait-time and wealth into their petitions, it is crucial to make an optimal presentation to the USCIS in the investors’ cases. EB-5 petitions possess a complex business component. Yet most USCIS adjudicators do not themselves have a business background.  Thus, the investor must present the evidence in a way that the immigration officer is able to comprehend it.

First, in any complex case being presented to the USCIS, it is helpful to present an overview of the case.  Accordingly, in your EB-5 presentation, such a synopsis explains to the officer what is transpiring with your investment.  This synopsis should be detailed and explanatory of the facts and evidence of your funds, your investment and the business projections.  This method provides context to the officer about the more detailed and complex evidence that is to come in your in-depth packet of filing.

Second, following your overview, your packet should contain the evidence supporting the EB-5 requirements.  The documentation must be organized in a way as to support the regulatory criteria.  One particular area that requires detailed and credible supporting evidence is the business plan. According to the landmark case, Matter of Ho, 22 I&N Dec. 206, 212–13 (AC 1998), a business plan must be credible and detailed. One of the requirements for such a business plan is that it must contain a market study providing an analysis of the competing businesses with their pricing and products. An independent study will raise the credibility of your business plan. Thus, an in-depth component of your EB-5 presentation is necessary for the success of your petition.

Presenting your EB-5 petition properly requires an art as much as a science. Your attorney should be skilled at both and be able to present your case professionally to the USCIS.