EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 115

Regional centers offer the advantages of more professional planning, economies of scale, and availability of alternative options to ensure eligibility under the program. No doubt, comparing options and choosing the right regional center requires careful due diligence and monitoring. Yet, this route certainly is less risky compared to setting up a project or venture directly. The trend seems to have changed in FY 17 with industry forums indicating 87 percent approval for Indian EB-5 applications through the year. QUALIFYING AS AN ACCREDITED U.S. INVESTOR Indians’ preference for direct investment may also be attributable to the fact that the regional center route is a simpler process if one is an accredited U.S. investor While the accredited U.S. investor issue is a requirement under the American Securities law and not mandated by the EB-5 visa program, only those with an earned income of $200,000 ($300,000 together with spouse) for the past three years or with a net worth in excess of $1 million (alone or together with spouse) are eligible to apply for the EB-5 visa through the regional center route as an accredited investor. Regional centers can issue securities to non-accredited investors by obtaining an exemption under Regulation D or Regulation S. However, these involve certain restrictions and conditions. Tackling challenges ranging from greater understanding of eligibility requirements and its granular implications to better perception management will ensure a mutually- beneficial connect for Indian investors and the American economy alike. Vivek Tandon is the founder and CEO of EB5 BRICS, a go-to source for everything related to the EB-5 U.S. Immigrant Investor Visa program. Tandon, a lawyer and an investment banker, primarily focuses on educating investors in India and the Middle East about the EB-5 visa program, EB-5 regional center projects and EB-5 direct investments. He also holds licenses with the Financial Industry Regulatory Authority and U.S. Securities and Exchange Commission. He is associated with broker-dealer NMS Capital Advisors, LLC in Beverly Hills, California. Sources: 1 World Bank’s Global Economic Prospect report June 2018 2 https://qz.com/india/1316124/india-will-have-nearly-a-million-millionaires-by-2027/ Regulation D prohibits the regional center from general solicitation and advertising, issue to unsophisticated investors, or to more than 35 non-accredited investors. Regulation S requires the offer and sale of securities to occur outside the US. Further, this regulation does not offer an exemption from state securities law. This means the general perception that the ability to make a large one-time investment is all it takes to apply for the EB-5 visa is not accurate, at least in the context of applicability of securities laws to regional center investments. Finally, an interesting and unique challenge in the Indian context is the negative perception surrounding investment immigration in India. In recent years, many high-profile loan defaulters from India have, upon investigation, found to have relied on investment immigration programs to secure permanent residence/ citizenship abroad. While not necessarily relevant in the context of the EB-5 visa, concerns about the reason why people apply for investor visas and how they are perceived is an issue that needs to be suitably addressed. The backlog of Chinese EB-5 applications has resulted in an inevitable shift in focus to other countries. With a growing economy and a young population that views the United States as a ticket to prosperity and a better life, India is set to be the dominant source of demand for EB-5 visas. EB5INVESTORS.COM 115