EB5 Investors Magazine Volume 6, Issue 1 | Page 37

ensuring each professional working on these offerings is properly trained to ultimately protect EB-5 investors. Marketing your EB-5 projects within the U.S. through a BD will help ensure all aspects of the transaction, starting with solicitation and subscription through funding of the project area in compliance with U.S. securities laws. The regulatory and compliance risk of the issuer is substantially mitigated and transitioned to the BD. This adds another layer of protection for EB-5 investors, thus increasing project marketability and opening emerging markets that are relatively untapped. It also ensures projects are funded quicker and in compliance with U.S. securities laws. WHO ARE WE MARKETING TO? The Trump administration has been very palpable in letting its views be known with regards to immigration in general. Politicians in Washington have taken actionable steps to restrict immigration to the U.S. via issuing an executive order on April 18, 2017, to “Buy American and Hire American.” This has significantly restricted H-1B access, highlighted by the significant reduction in approval rates, from 87 percent in 2016 to 57 percent in 2017. It is now more difficult to obtain the popular H-1B employment-based visa, and this trend looks set to continue in the same vein for 2018. Millions of foreign students in the U.S. on F-1 visas realize the steep challenges in obtaining the H-1B visa, including an employer’s reluctance to sponsor foreign individuals. This is due to the time, expense and poor approval odds at hand, which suggests foreign students in the U.S. mainly have two other reasonable options to remain in the U.S: either marry an American citizen or file an adjustment of status via an EB-5 application. This is potentially a huge market that has not been tapped effectively in the industry but can be via partnering with the correct BD firm. In particular, there are approximately 750,000 Indians on H-1B visas in the U.S. who are stuck in EB-2 or EB-3 backlogs, waiting for their respective green cards. The AC21 rule allows H-1B holders to extend their status past the H-1B six-year limit. However, the Trump administration is taking steps to eliminate the AC21 rule, which would cause these 750,000 Indians on the H-1B visa and anybody else who has reached their six-year limit to return home, which would be disastrous. 1 Conjointly, families on extended vacations in cities are prime prospects to received EB-5 project marketing via planned seminars and other means. These could also be more aggressively marketed through a 506-C offering, which allows for direct general solicitation via traditional and emerging advertising means. An attractive proposition about prospective onshore EB-5 investors is generally that most, if not all, of their funds are within the U.S., virtually eliminating the difficulties/restrictions on exporting capital that is experienced for investors from certain countries such as China and Vietnam. This would streamline and make the EB-5 process more efficient in funding projects and working through the source of funds documents. Overall, the millions of foreign students in the U.S. wanting to stay beyond their post graduation one-year Optional Practical Training (OPT) visa, the difficulties/poor approval odds noted above in obtaining the H-1B visa, the reluctance of American employers to sponsor foreign candidates for the H-1B visa, the challenges in converting your H-1B visa into a green card EB5INVESTORS.COM 36