EB5 Investors Magazine Volume 6, Issue 1 | Page 72

SBA Loans Combined with EB-5 In light of government-sponsored loan programs being built around job creation, they offer a beneficial fit for EB-5. By John Shen and Justin B. Blackhall T SBA 504 LOAN PROGRAM AND ITS PROCESS However, as the result of restrictions placed upon bank capital as well as the scarcity and high cost of other forms of private capital in recent years, EB-5 dollars have become a primary source of capital for commercial real estate developers, including those to build towering skyscrapers and residential condominiums in large metropolitan areas throughout the U.S. The SBA 504 loan program is designed to create jobs and provide financing to small businesses (such as limited service hotels) for the purchase and/or construction of fixed assets consisting of owner-occupied commercial real estate. Typically, the borrower in a SBA 504 loan transaction must contribute at least 10 percent, more often 20 percent, of the total project cost in the form of equity funding. he EB-5 immigrant investor visa program was created by Congress for the purpose of creating jobs in underserved areas of the U.S. economy. This development, together with sporadic high-profile cases of improper uses of EB-5 funds and an injection of partisan politics related to immigration issues, have negatively impacted the public’s perception of the EB-5 program. Some criticism of the EB-5 program is valid — particularly how an unfortunate amount of EB-5 capital designated for underserved areas has been funneled to large luxury projects in big cities — but EB-5 can still be a force for economic good. "The funds for the SBA 504 subordinated loan are raised through a monthly auction of bonds, which is 100 percent guaranteed by the U.S. government." What the industry needs is to ask itself the basic question: Which investment vehicle best fits the EB-5 program, not only at the micro level of sufficient job creation for each EB-5 investor, but also at the macro level, boosting underserved sectors of the U.S. economy in general? With respect to the macro question, government-sponsored loan programs fit the bill. Federal, state and local governments introduce and maintain targeted lending programs for the purpose of encouraging positive economic behavior, not purely for economic gain, as is the case with private financial institutions. Many of these government-sponsored loan programs have close to, if not identical, goals as those of the EB-5 program — job creation. This synergy offers some unique benefits that government-sponsored loan programs bring to the EB-5 industry. 71 EB5 INVESTORS M AGAZINE A private lender typically lends 50 percent of the total project cost through a permanent loan that’s generally secured by a SBA 504 senior loan, which is a first lien on the borrower’s assets, and the SBA lends the remaining 40 percent through a SBA 504 subordinated loan, which is a loan secured by a subordinated second lien on the borrower’s assets. The funds for the SBA 504 subordinated loan are raised through a monthly auction of bonds, which is 100 percent guaranteed by the U.S. government. By providing the SBA 504 subordinated loan, the SBA encourages private lenders to offer SBA 504 senior loans to small businesses in a first lien position at a palatable 50 percent loan to cost position, while providing the small business borrower with the total 80 to 90 percent financing needed to complete the project. EB-5 funds may be used to fund capital other than the SBA 504 subordinated loan needed for the project, including all or some of the SBA 504 senior loan. Without the SBA 504 subordinated loan, private lenders would have difficulty closing these types of small business deals due to the significantly higher risk. With this special co-financing SBA 504 loan structure, the true winners are the qualified small business owners and the employees whose jobs would not have been created without the availability of the program.