Register to attend this free JTC Americas EB-5 webinar here!

With new regulations finally announced, the EB-5 industry is poised to enter a new era we’re calling “EB-5 3.0” — and it’s not going to be business as usual!

In preparation for the new regulations, we’ll be speaking with JTC Americas’ Reid Thomas and Jill Jones, along with Rohit Kapuria of Saul Ewing Arnstein & Lehr LLP, Jeff Carr of Economic & Policy Resources, Inc. and Suzanne Lazicki of Lucid Professional Writing during our next EB-5 webinar on Wed., Oct. 2 at 11 a.m. PST.

During this free EB-5 webinar, our panel of experts will talk through these challenges, covering need-to-know information for NCEs, projects, and investors trying to navigate the coming months.

In the meantime, we asked Suzanne, Jeff and Jill the following EB-5 question on everyone’s mind: What do you think the biggest challenge with the new regs will be?

Below are their answers.

Suzanne Lazicki: “’Beat the price increase’ has been a primary motivator for EB-5 investment decisions since 2015.  Once the new regs have been implemented, this motivator disappears. No longer pressured by deadlines, issuers and investors will have time to consider a variety of factors that bear on EB-5 decisions, and to deal with challenges from processing times, visa availability, redeployment and material change, and political and policy uncertainty.  The new regs pose challenges – particularly, the deterrent of higher investment amounts, and questions about how to apply the priority date retention and TEA designation provisions. But I see the larger challenge from pre-existing issues that have been obscured in the leadup to the regs.”

Jeff Carr: “Aside from the usual challenges of entering a new world under the new DHS regulations that have yet to actually be implemented, the details of bringing what looks to be a new process for requesting and receiving formal certification for High Unemployment Rate TEAs with actual EB-5 project financing needs and timeline is going to be an especially formidable challenge. To date, the industry has not had much guidance regarding the specifics and timing of the new process of adjudicating TEA certification requests at the USICS versus the current review process at the State level.”

Jill Jones: “In my opinion – the biggest challenge will be adjusting the offering documents to accommodate both pre-November 21 Subscribers and post November 21 Subscribers.  The impact to the structure of the offering far exceeds changing the minimum investment amount from $500,000 to $900,000.” 

Don’t miss out on learning more about what our expert panel has to say. Find out what you need to do to comply by registering to attend this free JTC Americas EB-5 webinar here!