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
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.
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.
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.
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.
Quoted language from In re Izummi. 22 I&N Dec. 169 (B.I.A. 1998) https://www.justice.gov/sites/
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-
EB5 INVESTORS MAGAZINE