EB5 Investors Magazine "Top 25 Awards Edition" Volume 8 Issue 1 | Page 86

The third option can be most effective to effectively present and interpret changes. An unexplained exhibit collec tion or a fully - developed new business plan can be risky, because they each simply present new information. Those options leave the reader alone to figure out what changed between the I-526 filing and RFE response, and whether such changes are material. An addendum to the business plan, by contrast, can proactively explain new evidence in context of continuity and on-going eligibility. An addendum obviously does not simply replace the original business plan. It thus avoids looking like the kind of “completely different business plan” that signals material change. As it references the original plan, the addendum can present updates and modifications in the context of what has not changed. As it references new evidence, the addendum can highlight and explain details significant to the on-going case for reliable job creation projections. In any business plan related RFE response, documents such as permits, contracts, and tax records do the heavy lifting of establishing credibility and Matter of Ho compliance. I-526 RFEs request such documents; they do not specifically request replacement business plans. But new evidence will be most understandable and compelling if presented in context of the business’s development history. A business plan addendum can tell the story that interprets the evidence. The addendum can also provide clarifications and answer questions as needed to help the I-526 business plan record achieve the goal set by Matter of Ho: to show EB-5 eligibility. Suzanne Lazicki founded Lucid Professional Writing in 2009 as a boutique service for clients using investor and business immigration programs. Lazicki has prepared hundreds of successful business plans for immigrant investment, and won national recognition as a top EB-5 business plan writer. Her weblog at blog. lucidtext.com is a leading source of EB-5 news and analysis. Services offered by Lucid Professional Writing include EB-5 business plans and addendums, EB-5 consulting, E-2 business plans, market research, market reports, real estate brochures and presentations, and site analysis. Sources: 1 All quotes in this business plan from Requests for Evidence represent template language common to a sample of 10 I-526 RFEs from 2020 and 2021. 2 All quotations in this list are from In re Ho, 22 I&N Dec. 212, 213 (Assoc. Comm'r 1998). Multi-year processing times mean that even if a business plan was perfect at the time of I-526 filing, USCIS can call it “deficient” at the time of adjudication simply because the plan has become outdated by that point, and lacks the most recent evidence for job-creating activities. 3 4 Quoted language from In re Izummi. 22 I&N Dec. 169 (B.I.A. 1998) https://www.justice.gov/sites/ default/files/eoir/legacy/2014/07/25/3360.pdf 5 USCIS Policy Manual (Vol. 6, Part G, Ch. 4, Sec. C) “A Business Plan is Not a Statue — Impacts of Business Plan Changes” (Nov 17, 2016) by H. Ronald Klasko https://www.klaskolaw.com/eb-5-investor-visas/a-business-plan-is-not-a-statue- impacts-of-business-plan-changes/ 6 86 EB5 INVESTORS MAGAZINE