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EB-5 Feasibility Study Requirements: What USCIS Adjudicators Look For

EB-5 ties immigration benefits to job-creating investment — which makes the feasibility analysis an immigration document as much as a financial one.

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EB-5 Feasibility Study Requirements: What USCIS Adjudicators Look For

The EB-5 Immigrant Investor Program grants conditional permanent residence to investors whose capital creates at least ten full-time U.S. jobs per investor. That job-creation requirement transforms the feasibility study: beyond demonstrating that the project services its debt, the analysis must support the employment projections on which every investor’s petition depends. An infeasible project is not merely a credit loss — it is a portfolio of denied petitions.

USCIS adjudication expects a credible, comprehensive business plan supported by feasibility analysis: market demand evidenced for the actual trade area, construction budgets validated against cost data, an operating pro forma whose staffing levels reconcile to the economic-impact model’s job counts, and a capital-deployment timeline showing investor funds at risk in job-creating activity within the required window.

Where EB-5 Projects Stumble

The recurring weakness is the gap between the offering’s economic-impact study and the operating reality the feasibility study tests. Input-output models generate jobs from spending; the feasibility study asks whether the spending will actually occur on schedule and whether the stabilized operation supports the direct headcount claimed. When the two documents disagree, adjudicators and investors’ counsel both notice. Wert-Berater prepares the feasibility analysis to reconcile with — and discipline — the impact modeling.

Since 1998 the firm’s studies have supported SBA, USDA, USCIS, and institutional decisions, with engagements structured for the evidentiary standards each forum applies.

Sources & further reading. USCIS EB-5 Program  ·  U.S. Bureau of Labor Statistics
Donald Safranek, MSc — President and feasibility study consultant, Wert-Berater, Inc.
Donald Safranek, MSc

President, Wert-Berater, Inc. — independent feasibility study consultants since 1998. More than 4,000 feasibility studies completed across all 50 states and internationally, evaluating $40.2 billion in project value for SBA, USDA, EB-5, conventional, and institutional financing decisions. Fiduciary duty runs to the lender and agency in every engagement.

+1 310-857-2443 ext. 800  ·  email  ·  1968 South Coast Hwy, Ste 2382, Laguna Beach, CA 92651 · 111 Town Square Pl Ste 1238 PMB 657834, Jersey City, NJ 07310 · 539 W. Commerce St #8486, Dallas, TX 75208

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