Anybody doing anything real estate related with EB-5?

Question

Note: I am not a foreign investor.  I am based in the US and would love to learn more about people doing anything real estate thru EB-5 programs.

Do you start off by creating an EB-5 regional center?  How do you justify the employment requirements?

Thanks in advance!

Emma Chen · Answer

Hello Adrian,

I have EB-5 experience because I help my old company set up Regional Center and solicit investors . You can pm me for what exactly you are looking for.

Emma

Michael Homeier · Answer

Hi Adrian,

Great initial questions!  We're securities/corporate lawyers, and have worked on over 170 EB-5 (and crowdfunding) projects in the past 4-1/2 years, so we've seen a lot of different projects and worked with some very experienced and quality professionals helping clients understand how to successfully navigate the complicated (but not impossibly so) process.  Regional Centers' primary value is allowing for the counting of "indirect" (non-payroll-provable) jobs, which most larger EB-5 projects need because they don't generate enough "direct" (payroll) jobs to satisfy the job-creation requirement.  An RC can sponsor its own projects, or be "rented" by third parties who don't have their own but need one to get enough jobs.  Justifying jobs involves supplying payroll information to confirm direct jobs, while to justify indirect jobs you use a complex economic analysis prepared by an experienced economist using pre-approved government formulae (the same ones government has been using since 1945 for counting indirect job creation outside EB-5). Complicated, but definitely do-able -- hence the continuing explosion in EB-5 that shows no sigh of slowing.  If you've further questions feel free to reach out to me at michael at homeierlaw dot com.  Good luck!