EB5 Investors Magazine | Page 43

A N A L Y Z I N G B I L L S . 1 5 0 1 The Need for One Voice by Jeffrey Carr The recent introduction in the Senate of the bipartisan reauthorization legislation for the EB-5 Regional Center Program, the “American Job Creation and Investment Promotion Reform Act of 2015” (S.1501), is shaping up to be a real game-changer for the EB-5 program if enacted as introduced. Significant changes in rules for counting jobs, for Targeted Employment Areas (TEAs), and for how regional centers are operated and report their activity are no doubt issues of great concern to the EB-5 stakeholder community. In the next 90 to 120 days, how the EB-5 stakeholder community addresses its concerns regarding the proposed changes will have a significant impact on the future of the EB-5 program for at least the next five years. This bipartisan legislation is the result of literally months of exhaustive staff work within the offices of Senate Judiciary Committee Chairman Charles Grassley (R-IA) and Ranking Member Patrick Leahy (D-VT). Having a bipartisan reauthorization bill before the Senate is a significant improvement over where EB-5 stakeholders were just a few weeks ago. Although the legislation was introduced well in advance of the Sept. 30, 2015 sunset date for the EB-5 Regional Center Program, it has the feel of being somewhat late in the game considering the scope of the reforms proposed in the initial draft of the bipartisan legislation. The bipartisan bill includes a five-year re-authorization of the EB-5 Regional Center Program through September 2020 and a number of far-reaching reforms. The more notable reforms in the bipartisan legislation include: (1) increasing the minimum investment amount; (2) significant changes in regional center oversight, compliance, and reporting requirements, (3) changes in processing procedures and new limits on USCIS processing times for exemplars, I-526 petitions and I-829 petitions; (4) new requirements on source of funds documentation; (5) the opportunity for expedited processing for an additional fee; and (6) significant changes in Targeted Employment Areas (or TEAs) and the EB-5 program’s use and estimating procedures for estimating EB-5 program eligible jobs. While the five-year reauthorization is a significant improvement over the three-year reauthorizations EB-5 stakeholders have had to deal with in previous regional center program reauthorizations, it still is well short of the permanent reauthorization that the EB-5 community has hoped for. One key area of reform for EB-5 stakeholders to watch closely is the proposed reforms related to TEAs. TEAs are always a point of focus for any project because whether the project is located inside or outside of a TEA determines whether the EB-5 investor qualifies to invest the current $500,000 minimum amount or whether the investor will need to pony up the EB-5 program’s current default investment amount of $1 million.1 In fact, few investors pay the default amount. Well over 95 percent of the projects are located within TEAs, so it is crucial that the EB-5 reform effort get TEAs right. Reading the “tea leaves” of the EB-5 reform debate to-date, these amounts are almost certain to increase with the passage of any EB-5 reform legislation. In fact, this issue is so non-controversial that it is possible that the minimum investor amounts may be increased even if the program receives only a short-term extension past Sept. 30th while the legislative deliberations continue beyond Sept. 30, 2015 on the more significant points of the proposed reforms. WWW.EB5INVESTORS.COM Continued on page 42 41