Business plan and Matter of Ho factors


Even though some of the factors for a business plan listed in the Matter of Ho appear to be hyper-technical and impractical -- especially where the investment model is for a NCE to make a commercial loan to a JCE -- a business plan should try to include the factors set forth in the Matter of Ho as closely as possible. What is unreasonable and also against the holding of Matter of Ho case, however, is the extent to which USCIS goes to try to fit in every real-life project into the square peg of this case. The case is actually applicable to an EB-5 case involving a stand-alone, small business enterprise which truly needed a comprehensive business plan to meet the preponderance of evidence standard. In addition, the case actually mandates that the business plan must take into account unique aspects of the project at hand. This is another example where USCIS applies the case unwisely to all situations.

Let's say Google wants to build an office space, why the heck does a business plan need to contain information on competitors and pricing, etc? The factors listed in Matter of Ho are really for a stand-alone, direct investment where these factors are relevant, but for a larger RC project, this requirement is superflous and not needed. I mean if the project is a Costco store, Costco probably did all kinds of analysis already before it made the decision to build one, and there is no way that Costco will release its confidential analysis to USCIS or anyone else. It's totally unreasonable to expect this kind of confidential info from a company like Costco. This is the kind of instances where I feel that USCIS is being way too hyper-technical.