EB5 Investors Magazine English Edition Volume 6, Issue 2 | Page 98

Direct Pooled EB-5 Projects vs. Regional Center Projects in Today’s Uncertain World Pros and cons for investing in a regional center project compared to going the direct EB-5 program route. By Mike Xenick and Dominick Mondesir T he number of direct pooled EB-5 project offerings has been steadily growing over the last two years and are considered by some professionals as a reliable alternative to regional center projects, mainly due to the permanent status of the direct EB-5 program. As these offerings become more prevalent, it is important to explore what structures and types of direct pooled projects may be best suited for investors. What are the key differences between the direct and regional center EB-5 immigrant investment programs, how should one structure a favorable direct pooled E B - 5 i n ve s t m e n t , a n d w h y m a y t h e d i r e c t p o o l e d EB-5 investment route be more beneficial for certain prospective EB-5 investors? REGIONAL CENTER PROGRAM First, let’s outline the two types of EB -5 investment programs investors can choose from when pursuing an EB-5 investment. The direct EB-5 investment program is a permanent U.S. government program established in 1990, while the regional center EB-5 program began in 1992 and is not yet a permanent program, and therefore subject to renewals by Congress. The last time the regional center program was significantly extended was in 2012. There have been 13 clean short-term extensions of the program since 2015 as part of legislation, extending annual U.S. government spending bills and budget resolutions. These shor t- term extensions have continued to push the program’s sunset date, while keeping all other program parameters untouched. 98 EB5 INVESTORS M AGAZINE The regional center program offers attractive advantages, such as using indirect and induced job creation, greater involvement of third party banks and lenders and equity investors risking capital alongside EB-5 investors, and the ability to utilize more flexible exit strategies. However, the prolonged uncertainty with the regional center program has continued to affect both investors and general EB-5 industry confidence due to vague near-term prospective investment and immigration benefits, resulting in some develope rs and regional c e nte rs not being able to effectively plan future projects. The situation is causing investor concerns with regards to increasing their minimum investment amounts after subscribing to a regional center project and whether investors would be grandfathered in under the old rules. It is creating challenges for key third party industry providers wondering whether they’ll have a business in the coming months. Due to these reasons, there is a strong argument that adequately structured offerings using the direct EB-5 program may offer a more stable, viable and less risky option for prospective investors. DIRECT EB-5: INDIVIDUAL VS. POOLED APPROACH Some key differences between the direct EB-5 program and the regional center program include: • Direct EB-5 investments do not need sponsorship from a designated regional center. • There is no pre-approval process for direct EB-5 projects.