EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 118

obtain an adequate number of visas for the program so it can reach its economic and job-generating potential. The parts of the EB-5 program that are ripe for reform include: a near certain increase in the minimum EB-5 investment amount; revamping Targeted Employment Area (TE A) definitions; and a number of changes to the way that EB -5 regional centers and EB -5 project sponsors-managers must operate. The EB-5 regional centers’ proposed reforms have been initially designed to bring more structure to the way all regional centers and project developers and capital raisers must operate, administer, and report under the program. MINIMUM INVESTMENT AMOUNTS AND TEAS The range of proposals from various stakeholders to reform the minimum investment amount include those in the Department of Homeland Security (DHS) proposed regulations released back in January of 2017 and the increases proposed by the so-called Cornyn legislative proposal provided back in the Spring of 2017. As proposed by the DHS, the minimum investment amount for projects in a TEA would rise sharply to $1.35 million—an increase of $850,000 from the current minimum investment amount of $500,000 for TE A projects. The proposed DHS regulations also would increase the minimum investment amount for all projects not located in a TEA to $1.8 million— an increase of $800,000 from th e c u r re n t $1 millio n a m o u n t . EB-5 stakeholders have not been receptive to the rather severe DHS proposal. It is widely hoped that this DHS proposal would not be implemented without a significant reduction. The more workable numbers to the industry in the Cornyn legislative proposal would increase the minimum inves tme nt amount to $ 8 0 0, 0 0 0 for T E A projects and $850,000 for all other projects. post-reform project mix where only about 15 percent of the projects would qualif y as a TE A project (and about 85 percent non-qualifying). Nearly all proposals would therefore result in a large increase in a typical project’s minimum investment amount. Because no one really knows how these minimum investment amount increases will impact program activity, the industry has been advocating for increases in the lower end of the proposed ranges. PROPOSED CAPITAL RAISING, REGIONAL CENTER OPERATIONS CHANGES T h e thir d a rea of c o n c e r n fo r E B - 5 refo r m re la tes to the proposed new requirements for the way that re gional c e n te r s , p roje c t sp onsor s - manage r s , and marketing agents conduct themselves when planning, developing-operating, raising capital, and administering EB -5 projects. These proposed changes have been comprehensively reviewed by a number of parties—including two major EB-5 industr y stakeholder groups and a distinguished group of securities at torneys - regional center operators—who are looking to advance a workable set of reforms. A number of suggestions were provided to counter the proposed changes made through the DHS ’ regulator y proposal and in response to the most problematic aspects of the various legislative proposals. To date , the parties have not yet been able to come together in a consensus a g r e e m e n t to r e f o r m t h e E B - 5 program. "finding some solution on a set of essential EB-5 program reforms remains crucial for all involved. It is critical because it is the only avenue to solving the real problem—which is finding a reasonable path to obtaining more visas to meet demand" A nother area ripe for regulator y reform is how the program defines TEAs. Again, the range of TEA revision proposals have been largely defined by those proposed in the draft DHS regulations and the proposals included in the so - called Cornyn legislation. In both cases, projects that would qualify as a TE A project and for the lower minimum investment amount would be much more restricted. One independent analysis of the impact of the DHS’ TEA reform proposal indicates that the mix of TEA-qualifying projects would flip almost entirely— from a current mix of more than 95 percent of the projects qualifying for the TE A minimum investment amount (and less than 5 percent non-qualifying) to a 118 EB5 INVESTORS M AGAZINE Even so, finding some solution on a set of essential EB -5 program refo r ms re mains c r u c ial fo r all involved. It is critical because i t is the only ave nue to solving the real proble m— which is finding a reasonable path to obtaining more visas to meet demand. Without the implementation of meaningful EB-5 reforms, there are few viable paths to an adequate supply of visas for the EB-5 program. The negative effects of an inadequate supply of visas have become painfully evident over the past several years as several EB-5 investor sourcing countries that have run up against their visa limits. The harsh reality that a potential mainland Chinese investor will have to wait more than 10 years to obtain legal entry into the U.S. through the EB -5 program has had a chilling impact on investor interest in that country. The EB-5 industry is also rightfully concerned that visa wait times have also significantly expanded for additional, critical EB-5 investor-sourcing countries such as Vietnam and India. It is only a matter of time before that also occurs for Brazil and South Korea.