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Why We Think Direct EB-5 Is Gaining Ground (For Now)

 

Direct EB 5 Option resized 600Those paying attention to EB-5 activity have likely noticed an uptick in discussion about so-called 'direct' EB-5 projects (that is EB-5 projects that do not make use of EB-5 regional centers).  This increased discussion is rooted in the fact that EB-5 investors are showing an increased interest in these kinds of investments.

Here are a few key reasons that we think this is happening:

The EB-5 regional center 'taint': we have heard about a few deals in the last while that have gone wrong. And unfortunately some media seems intent on re-hashing these stories, even though it is already old news.  Unfortunately, this has scared many investors.  Rightly or wrongly, regional centers at large have been painted with this ‘taint’ and as a result many are more comfortable with the concept of a 'direct' EB-5 project.

Quicker processing times:  we are hearing that USCIS project approvals for 'direct' EB-5 projects can often be had in a shorter time period when compared to approvals for regional center-based projects.

Smaller Deals: 'direct' EB-5 projects are often smaller deals.  Many investors are just more comfortable with with developing an understanding of the business plan for a smaller deal because they may not be used to assessing the larger deal EB-5 business plans which can often have several layers of complexity, not to mention the additional need to assess the reputation of a regional center, which is often owned and operated by a different group than the project oners or developers.

Simplicity: 'direct' EB-5 deals are less complicated in terms of the number of rules and requirements they must adhere to and also in terms of the number of moving parts (i.e. entities involved in the legal structure as well as the project itself, no econometric reports needed, etc.).

The main drawback associated with 'direct' EB-5 projects is that they are not able to take advantage of indirect job creation.  For projects that can create sufficient jobs to raise the amount of EB-5 capital they require, a  'direct' EB-5 structure is something worth considering, but this should not dissuade people from considering the EB-5 regional center approach as ultimately a good deal is a good deal; a strong team with a good project and good investor terms will still sell well in today's investor market, although the market is becoming more saturated so all deal fundamentals as well as the the legal team, the economist and the business plan writing team, should be structured to ba as strong as possible.  With approvals still taking several months, always remember that attitudes may shift again by the time a given project is approved.

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Phil Cohen is the founder and President of Strategic Element, a company that focuses on developing regional centers, EB-5 business plans and custom 'direct' EB-5 projects for its clients.

 

Download Your Free Paper: 9 Things to Know Before Going Down The EB\u002D5 Road

Different Types of EB-5 Business Plans: The Investor's Perspective

 

For those considering making an EB-5 investment, you will no doubt hear of three differentapproved resized 600 kinds of EB-5 business plans: hypothetical, actual and exemplar. Each of the three different kinds of business plans have different benefits and drawbacks from the investor's perspective. This article will provide a brief explanation of each different type of business plan and what it means to investors.

Each of the three different kinds of EB-5 business plans would be submitted alongside a regional center application.

Hypothetical

A hypothetical EB-5 business plan is a plan that provides an approximate overview of the project in question. The details required for a hypothetical plan are usually very high level and non-specific. Details included in a hypothetical plan can include economic model inputs, feasibility study or information and general proposals and predictions. The benefit of using a hypothetical plan is that it allows the project owners the ability to move more quickly in terms of getting their project financed, which adds to overall project stability. On the downside, however, investors should be aware that when a hypothetical plan is used, a more formal or exemplar plan would need to be submitted with the project's first investor (I-526) application. From the investor perspective, this means that the business plan is effectively being reviewed and approved by USCIS for the first time with the first investor's I-526. If an investor is among the first to apply for an I-526 under a given project which uses in an exemplar plan, the project would effectively be reviewed for the first time by USCIS at that time. Subsequent investors in a given project would likely benefit from USCIS giving deference to the project approval based on the first investor's approval.

Actual

An actual EB-5 business plan is a more or less complete plan although it may be missing some critical pieces such as offering documents. The pros and cons of an actual plan from the investor perspective are similar to those of a hypothetical plan, although presumably USCIS will review the information that is in front of them with regard to the plan itself. Although the project would not benefit from a formal USCIS approval, project developers would benefit from having feedback from USCIS on what was submitted. In effect, this means that the risk to the investor of the project itself not being approved at the I-526 stage is smaller than in the case of a hypothetical plan.

Exemplar

An exemplar plan is a complete plan, which includes offering documents, transactional documents and evidence that the project is shovel ready (i.e. ready to start right away). When USCIS accepts an exemplar plan, it is very unlikely that the plan itself would be challenged at the I-526 stage. This kind of approval provides investors with the least overall risk of USCIS refusing the project part of their application.

Does That Mean Exemplar Plans Are Best?

Not necessarily. As a general rule, investors may prefer the security that comes from an exemplar plan being used, however, it is worth noting that the team behind the project, experience with EB-5 and the team that does due diligence on the project can provide a significant added value in terms of mitigating the risk or ensuring that the deal in question is a good one. If an investor's application is not accepted at the I-526 stage due to project deficiencies, with a good team this only means that there may be some delay in processing the I-526.

The best advice for investors is to look for a quality project first and to ensure that whoever is representing the project is experienced in EB-5 and has done a significant amount of due diligence. Given the sea of choices in EB-5 today, investors should consider the quality as the top priority and worry less about delays, which can be common regardless of the kind of business plan being used.

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Phil Cohen is the founder and President of Strategic Element, a company that focuses on developing regional centers, EB-5 business plans and custom 'direct' EB-5 projects for its clients.

Re-post: USCIS Easing of ‘Material Change’ Rules

 

One of the important new items that came about as a result of the EB-5 Policy Memoranduchange resized 600m issued by USCIS on May 30, 2013 relates to a changed definition of what constitutes material change.  Material change is important to  EB-5 submissions in that if the change is considered by USCIS to be material, an amendment or revised application would need to be submitted which would incorporate that change.  Until then, there were 2 key elements of an EB-5 business which, if changed, would have been considered to be a material change by USCIS. 
These two elements are a change to the declared industries of focus and a change to the geographic area of the regional center. 

In the May 30th memo, USCIS added some clarity to some of the material change parameters, stating that a change to the declared industries of focus or a change to the geographic area of focus would no longer require the submission of a formal amendment. In the case of the geographic area of focus the amended area would need to be contiguous with the originally-declared area.

This is great news for the EB-5 community in so much as it now enables EB-5 businesses to bypass the lengthy and often tedious process of submitting an amendment for an existing project or even for a new project.

The Downside

The downside to this change, however, is that USCIS will still want to review any changes to the original plan for approval at the time that the investor submits their I-526.  This means that while the change can be developed and submitted more quickly, the first investors on a given project must now shoulder some of the risk because they will not know if the EB-5 project changes will be approved until the I-526 itself is approved.  For those who are newer to EB-5 or just starting an EB-5 regional center, there is still, arguably, some benefit to submitting for a formal amendment in order to be able to present investors with a more solid deal that will have already been reviewed and approved by USCIS.

 

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Phil Cohen is the founder and President of Strategic Element (www.strategicelementconsulting.com), a company that focuses on developing regional centers, EB-5 business plans and custom 'direct' EB-5 projects for its clients.

 

Material Change As it Relates to Investors' I-526s

 

A move by USCIS with regard to material change is relevant to investors who havechange2 resized 600 already obtained conditional permanent resident status.  In the event that an I-526 petition was submitted and the investor was granted conditional permanent resident status based on that petition, a new I-526 petition would be required to be submitted by the investor in the event that there was a material change to
the business.

USCIS has stated that if the EB-5 business plan should change after status is bestowed upon the investor, the investor can still have their conditions removed as long as the jobs have been
created and the investment has been made in the business as indicated in the initial plan.  Should the business plan change by the time the investor applies to have their conditions removed, the investor can still succeed in having their conditions removed; however, USCIS would want to examine the changed business plan for compliance and the investor would not benefit from deference to the plan that was approved at the I-526 stage. In other words the new business plan would need to be evaluated by USCIS on its own merits.

Overall, this adds new flexibility for those who are starting EB-5 regional centers or EB 5 businesses, however, all parties would be well advised to remember the added risk placed upon investors in these circumstances.

 

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Phil Cohen is the founder and President of Strategic Element, a company that focuses on developing regional centers, EB-5 business plans and custom 'direct' EB-5 projects for its clients.

 

Download Your Free Paper: 9 Things to Know Before Going Down The EB\u002D5 Road

Why Use All-in-One Service Providers To Start EB-5 Regional Centers?

 

I often get calls from people who are new to EB-5 trying to understand the process and the details of starting an EB-5 regional center or project.EB 5 Service Providers resized 600

While the idea of calling around to industry experts appears to be commonplace, it may answer your first questions but there are so many details and subtleties to the program that, inevitably, these new EB-5-ers end up with more questions than when they started.

This is common and it speaks to the complexity of the program and how the rules shift for every specific situation.  Calling around is not a bad idea to start, but be careful of taking it too far as differing opinions among professionals can end up in frustration for some.

Another approach for EB-5 newbies is to consider speaking to all-in-one service providers, who can bring the right set of seasoned experts to the table and spearhead the process of managing all the moving parts in a coordinated manner, typically at a price that is competitive with what one would get in trying to do it all themselves (without the benefit of project management that these providers offer).  All-in-one providers can identify problems and questions to be addressed, sooner rather than later.  They are also familiar with what is not available to most: the basis of various RFEs (requests for further evidence) from USCIS, from a long experience and history of researching what has occurred with other regional centers.

The cost to your overall development of getting an RFE or not getting it right the first time can far outweigh the cost savings one might get from trying to manage the project yourself. A good all-in-one shop will save most people considerable time and money in the long run, and will help put together a EB-5 project, business plan and application that not only minimizes the likelihood and/or severityof an RFE, but which can also help to avoid errors arising from (often subtle) issues that can hold up an entire project.  

The other key benefit of using an all-in-one provider is that they have a good view into the investor side of things as well, so not only will they help to devise a project and business plan (the heart of the application) with the strongest likelihood of approval, but they can also help you to structure details in such a way as to be as palatable as possible to investors. The fringe benefit is about 1,001 less headaches as well.

Phil Cohen is the founder and President of Strategic Element, a company that focuses on developing regional centers, EB-5 business plans and custom 'direct' EB-5 projects for its clients.

What is EB-5? Learn About This Valuable Program

 

The EB-5 program is an initiative created by the U.S. government in 1990. It was created to encourage foreign investment in U.S. businesses, and to provide an incentive for entrepreneurs looking to fuel job growth.describe the image

 

For Foreign Investors: A Path to U.S. Residency

EB-5 is a U.S. immigration category that provides a method for foreign nationals to obtain a green card (initially conditional) by investing money in the United States. To qualify as an EB-5 investor an individual must invest $1,000,000 in a U.S. business, or $500,000 in a business that is operating in a designated Targeted Employment Area (TEA; a high-unemployment or rural area, according to specific EB-5 definitions).

In addition to the investment amount, EB-5 applicants must also show proof of creation of 10 U.S. full time jobs as a result of their investment. If their petition is approved, they are granted a conditional green card in the U.S. At the end of a two year period, the investors must demonstrate that the full investment has been made and put at risk and that the jobs have been created for the conditions to be removed from their green card.

The EB-5 program has changed over time, and the most notable change is the development of the EB-5 regional center. EB-5 regional centers are pre-approved entities that allow EB-5 investors to pool their money together. These regional centers make the job creation requirement easier on investors, as regional centers need only demonstrate direct or indirect job creation (indirect jobs are calculated by an economist), via the Job Creating Enterprise, or the business which is creating jobs and for which a business plan is submitted to USCIS.

 

For Entrepreneurs: Attract Investment Dollars

The EB-5 regional center has created a compelling way for U.S. entrepreneurs to attract foreign investment capital. Becoming a regional center can create a clear incentive for high net-worth foreign investors to provide capital in blocks of $500,000 or $1,000,000.

However, this powerful option is not without its costs. Becoming an EB-5 regional center requires U.S. Citizenship and Immigration Services (USCIS) approval of a business plan and a full 'I-924' application package. The application process is a complex and demanding one for the un-initiated. Despite this, new regional centers are forming all the time, encapsulating a wide variety of development projects, from real estate to assisted living facilities.

 

EB-5: A Powerful Tool

The EB-5 program is a significant initiative that has created a rare commodity in the world of investments – a true economic win-win. It is attractive to investors as a path to U.S. residency, and to entrepreneurs as a powerful catalyst for foreign investment.  

Phil Cohen is the founder and President of Strategic Element, a company that focuses on developing regional centers, EB-5 business plans and custom 'direct' EB-5 projects for its clients.

Can my EB-5 Project Claim Jobs Created by Tenants

 

 

describe the image

I am often asked about whether an EB-5 project can count jobs that are created by tenants of a particular development.  For example, if someone has an EB-5 business plan to build a shopping mall and each individual shop is leased out to third parties who will operate their own retail businesses, can all the regular retail staff be counted?

The short answer to this question is yes it is possible, however, where this was once an easier task to accomplish, USCIS has since issued a series of rules and guidance that must be adhered to in order to qualify these positions.

The following is the guidance language issued by USCIS on the matter, however, as is often the case there is a question of interpretation on several points.  We have added our own comments to the text (in bold) but please recall that we are not lawyers and our interpretations are based solely on the language we see.  Many of these will likely require change as adjudications clarify the policy.

From USCIS December 20th, 2012

"December 20, 2012 GM-602-0001
Guidance Memorandum

SUBJECT: Operational Guidance for EB-5 Cases Involving Tenant-Occupancy


Purpose

This guidance memorandum (GM) is intended to facilitate adjudication of cases involving issues related to the "tenant-occupancy" methodology for establishing job creation in EB-5 cases. The guidance has been formulated following careful internal deliberation, consultation with sister government agencies, and review of responses to requests for evidence (RFEs) issued in February 2012 to a number of outstanding Regional Center applicants who relied on the tenant-occupancy methodology. This guidance will be applied to pending cases and cases filed on or after the date of this guidance that rely on the tenant-occupancy methodology. This guidance does not rescind or supersede other EB-5 guidance.

Scope

Unless specifically exempted herein, this GM applies to and binds all U.S. Citizenship and Immigration Services (USCIS) employees.

Background

Among the issues raised in the February 2012 RFEs, USCIS sought evidence that the projected jobs attributable to prospective tenants (which would occupy the commercial space created by the EB-5 capital) would represent newly created jobs, and not jobs that the tenant had merely relocated from another location. This determination is necessary to assess whether there is a reasonable causal link between the EB-5 enterprise and the job creation that would allow for the attribution of the tenant jobs to the EB-5 enterprise. These RFEs suggested the types of evidence applicants could submit to make this showing.

Implementation

Prior to issuing the February 2012 RFEs, USCIS determined that the tenant-occupancy methodology can satisfy the EB-5 program requirement of presenting a "reasonable methodology" that is "supported by economically or statistically valid forecasting tools," if the applicant presents in "verifiable detail" information sufficient to establish by a preponderance of the evidence that the tenant jobs have resulted from the EB-5 enterprise (i.e., that the creation of tenant jobs were facilitated by the EB-5 enterprise, for example through a showing of constraint on the supply of appropriate commercial space or of excess demand for such space)."

Our interpretation: have to show excess demand or constraints on supply

"In regional center cases that rely on tenant occupancy models, as in any other regional center
cases, USCIS requires evidence that the claimed jobs result, directly or indirectly, from the
economic activity of the EB-5 commercial enterprise. Jobs that are merely re-located rather than created do not count. With respect to indirect job creation, the task for the applicants and
petitioners is to project the number of newly created jobs that would not have been created but for the economic activity of the EB-5 commercial enterprise. In making that projection, they are to use economically and statistically valid forecasting tools."

Our comment: This can be done by an economist, above and beyond the normal economic impact report

"Whether an applicant or petitioner has demonstrated that an EB-5 enterprise caused the creation of indirect tenant jobs will require determinations on a case-by-case basis and will generally require an evaluation of the verifiable detail provided and the overall reasonableness of the methodology as presented. To claim credit for tenant jobs, applicants and petitioners may  present evidence backed by reasonable methods that map a specific amount of direct, imputed, or subsidized investment to such new jobs."

Our Comment: things such as tenant improvements and, rent abatements MAY qualify as a form of investment.

"However, for applicants and petitioners that instead seek to utilize a facilitation-based approach, USCIS will not require an equity or direct financial connection between the EB-5 capital investment and the employees of prospective tenants."

Our interpretation: if we are facilitating the development of a new business (e.g. setting up a building geared to restaurants with a kitchen, etc.), then USCIS does not need to see an overt nexus between money and jobs.

"Rather, facilitation-based tenant job credit will depend on the extent to which applicants or petitioners can demonstrate that the economic benefits provided by a specific space project will remove a significant market-based constraint. One way applicants and petitioners can make this showing is to indicate how a specific space project will correct market imperfections and generate net new labor demand and income that will result in a specified prospective number of tenant jobs that will locate in that space.

Our Interpretation: creating new demand for business by creating that business in the first place, will in effect create new job demand.

Continuing below: investing in a specific market category in a high unemployment area the project need only show that they are filling an 'investment void' to generate new demand.

"In high unemployment areas in which new projects are not likely to significantly displace other income or labor, applicants and petitioners should generally indicate how a specific project will fill an existing investment void in that area to generate new demand for the tenant business. Prospective tenant jobs demonstrated by reasonable methods and supported by verifiable evidence pursuant to the above approaches may be used as direct inputs into appropriate regional growth models to generate the number of indirect and induced jobs that result from the credited tenant jobs."

"Where applications for regional centers are approved based on their use of tenant-occupancy
projections, the approval notices should contain appropriate language regarding the assumptions underlying the approval, which if not borne out may impact related adjudications at the I-526 or I-829 stages. 1  For example, a Form I-924 with I-526 exemplar may be approved where no specific tenant has been identified to occupy space but where the applicant or petitioner reasonably projects that a restaurant will eventually lease the premises.2  If, after approval of the I-924, the space is leased to a different type of tenant (i.e., a type of restaurant that yields different expected employment or a non-restaurant), or fails to achieve previously projected occupancy rates, such a change alone will not generally constitute a material change that triggers the elimination of deference in an actual Form I-526 or negates any possibility of individual investors removing their conditions at the Form I-829 stage."

Our Interpretation: an I-526 exemplar based on tenant occupancy may be approved based on the projection that a certain type of tenant will lease the space. 

"3  However, while such modified tenancy arrangement(s) may be permissible under EB-5 program rules, they could nevertheless impact the project’s ultimate job creation numbers. Therefore, the approval notice should caution that the approved job creation estimates are based on a restaurant occupying that space, and that if no tenant or a different type of tenant eventually occupies the space, the economic impact analysis and ultimate job creation numbers will be revisited in future adjudications that relate to that project.

USCIS will issue separate guidance on crediting jobs in a situation where more than one EB-5 entity may be seeking credit for the identical job position. In the interim, where only one case filed with USCIS has sought credit for a specific job position, that case should be credited with the job, provided that all program requirements have been satisfied.

Adjudication of cases involving tenant-occupancy should proceed based on these principles.

Use
This GM is intended solely for the guidance of USCIS personnel in the performance of their official duties. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or by any individual or other party in
removal proceedings, in litigation with the United States, or in any other form or manner."

 

Final Word

Ultimately the rules set some guidelines but we have still seen some pushback from USCIS in terms of how these guidelines have been interpreted in some cases.  Thos wishing to include tenant occupancy job creation in their EB-5 business plans, should try to work with counsel who is experienced in the area and in particular who has been able to study some RFEs.

 

Phil Cohen is the founder and President of Strategic Element, a company that focuses on developing regional centers, EB-5 business plans and custom 'direct' EB-5 projects for its clients.

 

Download Your Free Paper: 9 Things to Know Before Going Down The EB\u002D5 Road

 

'Reasonable Expectation' of Job Creation for EB5 Regional Centers?

 

describe the imageOne of the issues that causes some concern and confusion among EB-5 Regional Centers is how USCIS assesses what "reasonable" expectation of job creation means when looking at an investor's I-829 petition.

The Director's View (Not Official Policy)

On a December 2012 phone call with USCIS, one of the few bits of useful information that came about was stated, albeit peripherally, when one of the stakeholders asked what USCIS's view is on this issue.  When asking the question the stakeholder suggested that USCIS should evaluate what "reasonable" means on a case-by-case basis, and went further to suggest that in some cases "reasonable expectation" could even mean one year from the time of the I-829 petition.  While this does not mean it is policy, Director Mayorkas suggested that he was inclined to agree.

This new revelation is not definitive by any means, but at least gives founders of EB-5 regional centers some kind of hope that reasonable expectation of job creation can and should likely be treated by USCIS as something that can be justified given the right business case and reasonable industry standards in any given situation.  This clarification gives those who are starting EB-5 regional centers some welcome added breathing room when it comes to job creation.

Phil Cohen is the founder and President of Strategic Element, a company that focuses on developing regional centers, EB-5 business plans and custom 'direct' EB-5 projects for its clients.

 

The Birth of The EB-5 Financier

 

Well it has finally happened and will  likely prove to be a welcome development for those who eb-5 financiers can help to raise capitalwant to find new sources of capital for their development projects without wishing to navigate the often-choppy waters of EB-5.

Strategic Element has become aware of a few experienced financiers who are adding EB-5 capital to their lineup of options for raising capital for their developer clients.  These financiers will essentially take care of everything EB-5 for their clients, while offering them the opportunity to access capital from EB-5 investors.  These EB-5 financiers will make capital available to their clients in a manner that is akin to financing models that adhere to common industry standards.

A New Twist

EB-5 financiers have already been in existence in a de-facto sort of way in the form of already-approved EB-5 regional centers who make their centers available to project developers for a fee, saving them the need to set up their own regional center. These EB-5 regional centers will offer varying levels of service ranging from simply offering developers a regional center ‘shell’ to work under, all the way to complete project management of the application process and getting the investors.  This approach, however, still leaves developers with a considerable amount of work and challenge in that they must often manage the approval of the project itself and it often leaves the developers to go and find their own investors overseas.  This might work for some, but others might prefer to have everything managed by another party in a way that is consistent, reliable and readily available for all projects.

Considerations when looking to submit a project under an existing regional center:

  • The developer has to find the ‘right’ regional center with the right approvals for industry and geography

  • The developer must do their due diligence on the regional center and its operators

  • Developers are still subject to the potential reputation impact on the regional center should another of their ‘sponsored’ projects fail

  • Each deal must be negotiated on a case-by-case basis, with each regional center manager wanting to approach things in a different way and offering differing levels of service

  • The main advantage is maintaining a certain amount of control of the fundraising process while removing the need (and time and expense) of attaining a regional center approval

Benefits of the EB-5 financier approach:

  • Bypassing the management of the often-tricky I-924 process

  • Developers can work with experienced financiers, who will properly vet projects according to industry standards

  • Developers can work with a financing model familiar to them

  • Developers benefit from not having to raise their own funds from individuals overseas (arguably the hardest part), instead relying upon the financier's already-existing network with overseas investors

When considering starting an EB-5 regional center, developers who do not wish to be distracted by the process may do well to consider this new option.

If you have a regional center that you would like to make available to investors, call or email me to let me know, so I can add you to my list. Similarly, if you are a project developer looking for an EB-5 financier or just a regional center to work under call or email me to let me know.

Phil Cohen is the founder and President of Strategic Element, a company that focuses on developing regional centers, EB-5 business plans and custom 'direct' EB-5 projects for its clients.

Download Your Free Paper: 9 Things to Know Before Going Down The EB\u002D5 Road

Do Construction Jobs Count for EB-5 Regional Center Job Creation?

 

Do Construction Jobs Count?construction resized 600

When starting an EB-5 regional center many want to know if direct construction jobs can be counted.  The applicable rule for counting construction jobs in an EB-5 regional center project is that the construction time for the project must be two years in duration, from start to finish.

How is 2 Years Defined?

There is some question as to when the construction period starts; is it when demolition or digging begins or is it when concrete is poured (i.e. the beginning of vertical construction)?  USCIS does not have a definitive guideline on this point, however, we do try to encourage clients to try to focus on vertical construction in order to mitigate the risk that USCIS may not view demolition or digging as construction.

3rd Party Verification

Of course, as soon as this construction allowance was declared, there were many who started to say, "we can make it last two years."  Unfortunately it's not that easy.  USCIS has taken steps to prevent people from exaggerating construction timelines by asking for third party verification of estimated construction times from independent experts. 

Doing it Right

The ability to count construction jobs is a huge benefit to the EB-5 program, because they are easy to document and they are relatively easy to fulfill.  Be sure, however, that if your regional center is planning to count construction jobs that it does so in a calculated and realistic way.  Remember too that if you are calculating construction jobs based on expenditure estimates, you should be careful about using conservative expenditure estimates.  While conservative estimates are desirable at most any other time, if your estimates are guessing high on expenses, and you come in under budget, the applicable construction job calculation for your investors at the I-829 stage (when they are seeking to get conditions removed from their green card) will be based on the actual funds expended.  This point is true of course for all expenditure-based job creation estimations.

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Phil Cohen is the founder and President of Strategic Element, a company that focuses on developing regional centers, EB-5 business plans and custom 'direct' EB-5 projects for its clients.

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