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A Direct EB-5 opportunity needs to meet immigration requirements, but investors should also pay attention to the business behind the investment.
What does the company do? How will it use the investment capital? How does it plan to generate revenue? How many employees will it need? Who will operate the business?
These are normal business questions, and they matter in Direct EB-5 because the operating business plays a central role in the immigration structure.
You do not need to become an expert in every part of the company. However, you should have a clear picture of how the business is expected to operate and how that plan connects to the EB-5 requirements.
Start With the Business Model
Begin with what the company does and how it expects to make money.
A business model should be understandable without relying on pages of projections or technical language. You should be able to identify the company’s customers, what they pay for, the main expenses involved in operating the business and what the company needs in order to open or grow.
The questions will vary by industry. A healthcare business may depend on location, licensing, professional staffing and patient demand. A restaurant has a different cost structure and operating model. Manufacturing brings another set of requirements.
The goal is to see whether the business model itself makes sense before looking deeper into the EB-5 structure.
Look at How the EB-5 Capital Will Be Used
The investment capital should have a clear role in the business plan.
Depending on the business, capital may support expenses such as facilities, equipment, inventory, payroll, marketing or other operating needs.
USCIS has long looked to the business plan and supporting evidence when considering how EB-5 capital will support the commercial enterprise and its job creation.
For an investor, the practical question is straightforward:
What is the business planning to do with my investment?
You should be able to find that answer in the investment and business documents.
Review the Hiring Plan
Job creation deserves particular attention in Direct EB-5 because each investor must be associated with the required qualifying jobs.
A hiring plan should correspond with the way the company expects to operate. A business that requires a substantial staff should show how those positions fit into its operations and when it expects to hire.
The number of employees also needs to make sense for the size and type of business.
Our article about Direct EB-5 job creation explains the 10-job requirement and how qualifying employment works in more detail.
Know Who Will Operate the Business
Investing in a business and operating one are different responsibilities.
Before moving forward, an investor should know who is responsible for running the company.
That becomes especially important in industries that require specialized operational experience or licensed professionals. The business plan and organizational structure should identify the people responsible for the company’s main functions.
The investor should also know what role and rights the EB-5 structure gives them.
Our article about Direct EB-5 requirements guide explains the investor participation requirement in more detail.
Pay Attention to the Assumptions
Every business plan relies on assumptions.
Revenue projections may depend on customer volume, pricing, location, operating costs, staffing levels or the speed at which the business grows.
Projections are not guarantees. They are estimates based on assumptions about what the business expects to happen.
Instead of focusing only on the final revenue number, look at what needs to happen for the company to reach it.
That gives you a much better picture of the business than a projection alone.
Understand the Risks
Every operating business carries risk.
Competition can change. Costs can rise. Hiring may take longer than expected. Revenue may develop more slowly than projected. Some industries also face licensing, regulatory or location-specific challenges.
EB-5 adds another consideration because the investment has both business and immigration components.
Meeting the immigration requirements does not guarantee that the business will perform as projected. Likewise, a commercially successful business does not remove the need to satisfy EB-5 requirements.
Investors should review the offering documents and risk disclosures carefully and consult the appropriate immigration, legal, tax and financial professionals based on their circumstances
A Direct EB-5 Opportunity Should Make Sense as a Business
One of the most useful questions an investor can ask is:
Would I understand why this business could work even if EB-5 were not part of the conversation?
That does not predict whether the company will succeed.
It does, however, bring the discussion back to the operating business: its customers, revenue model, expenses, staffing, management and plan for using capital.
Those are important considerations in any business investment. In Direct EB-5, they also sit alongside the immigration requirements.
Explore Direct EB-5 With TADE Consulting
Evaluating a Direct EB-5 opportunity involves both the EB-5 structure and the business expected to carry it out.
TADE Consulting approaches Direct EB-5 from that broader business perspective, looking at the operating model, job creation, structure and other factors that shape the opportunity.
For more information about the program and TADE’s current Direct EB-5 opportunities, visit our Direct EB-5 guide.
Direct EB-5 Business Opportunity FAQ
Start with the underlying business, use of investment capital, hiring plan, management structure, business assumptions and disclosed risks. You should also review how the structure addresses the applicable EB-5 requirements.
No. Immigration eligibility and investment performance are different matters. USCIS evaluates immigration requirements; investors should separately consider the business and investment risks associated with an opportunity.
Yes. The business plan can provide useful information about the company’s operations, market, use of capital, staffing and financial assumptions.
Financial projections are one part of a business plan, but they depend on assumptions. Investors should consider the assumptions behind the projections and review the applicable offering documents and risk disclosures.
The professionals involved will depend on the investor and the opportunity. EB-5 investors commonly work with qualified immigration counsel and may also need securities, legal, tax or financial professionals.
Continue Exploring Direct EB-5
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