02 Dec Market Feasibility Study: An Essential Component to Pain-Free EB-5 Approval

One of the most critical steps to obtaining USCIS approval for an EB-5 project is developing a high-quality market study. e-Council Inc.’s experienced professional team of legal and business plan experts and market research analysts can help both businesses and investors alike to produce thorough and effective market studies that will serve two important EB-5 functions (among others):

1) determine the project’s feasibility for EB-5 approval, and

2) justify the approval of an I-526 petition as part of an EB-5 compliant business plan.

Conducting a comprehensive market study prior to the development of a business plan will help business owners and investors to save time and money by determining whether or not their project is likely to be approved by USCIS, as well as its potential marketability to prospective investors (if applicable). According to e-Council Inc.’s Founder, Lauren Cohen, Esq.,: “Business owners seeking funding through the EB-5 program and Eb-5 investors stand to benefit significantly from undertaking a market feasibility study at the outset of the complex and arduous EB-5 process.”

Specifically, a comprehensive market study can establish whether the proposed project has a solid market foundation and financial basis. It will also identify potential market obstacles and socio-economic conditions that can enhance or hinder the venture. In sum, an effective market study evaluates the strengths, weaknesses, opportunities, and threats facing a business.

In addition to determining the feasibility of an EB-5 project, the market study is an essential, mandated component of the “credible” business plan that must be submitted to USCIS with any EB-5 case.[1] e-Council Inc.’s experienced legal experts and market analysts are skilled at producing EB-5 compliant business plans according to the terms set by “Matter of Ho.”[2] According to this precedent decision, the business plan should include a market analysis that consists of:

• the names of competing businesses and their relative strengths and weaknesses,
• a comparison of the competition’s products and pricing structures, and
• a description of the target market/prospective customers of the New Commercial Enterprise.[3]

The best way to ensure that a business plan is prepared in accordance with USCIS’s mandate is to engage the services of a professional EB-5 business plan writing company, such as e-Council Inc. e-Council Inc.’s legal experts thoroughly understand USCIS’s requirements and know how to demonstrate that the mandated requirements are likely to be fulfilled by the EB-5 petitioner. In using e-Council Inc.’s services, the EB-5 investor or developer can have confidence that the business plan has the best possible chance of passing USCIS scrutiny.

e-Council Inc.’s market studies provide a comprehensive picture of the project (the scope of which is determined by the breadth of the selected market study option), which is easily understandable by USCIS.  Our experts analyze the quantitative and qualitative aspects of a project, and incorporate the social, economic, political, business, and cultural conditions that can impact the project’s viability. Our high-quality analyses seek to integrate both macroeconomic and microeconomic perspectives, and capture local, national, and international trends in the relevant industry.

As increasing Requests for Evidence (RFE) are being issued, particularly on I-526 and I-829 applications, market research is becoming ever more important to the success of the application and appeals process. There is no doubt that undertaking this essential and critical component is not only a worthwhile use of resources, but will also play a significant role in the pathway to approval.

To determine which of our market study options is best for your project or investment, or to choose from a wide range of complementary EB-5 services such as our best-in-class Matter of Ho-compliant business plans, please contact us at info@ecouncilinc.com.

e-Council Inc.’s website, newsletter and other forms of communication contain general information about legal matters. The information is not legal advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from an attorney or other professional legal services provider. For specific questions about any legal matter please consult with an attorney or other professional services provider.

[1] http://www.eb5investors.com/eb5-basics/eb-5-service-provider

[2] Matter of Ho is a 1998 precedent decision issued by the Administrative Appeals Office that set forth the requirements for an EB-5 compliant business plan.

[3] http://www.eb5insights.com/2012/08/17/elements-of-an-eb-5-compliant-business-plan/