EPR EB5 Presentation Slides Final

EB-5 Foreign Investor Seminar
Presentation to the
Workshop on Economic
and Job Impacts
October 24, 2008
Orlando, Florida
Jeffrey B. Carr, President

Economic & Policy Resources, Inc.
For more information on the

EB-5 Program visit our website at
www.EB5economics.com
Introduction
• EB-5 Program was established in 1990 via PL101-649.
Section 203(b)(5):
– “allows for the admission to permanent residence on a two-year
conditional basis to qualified aliens who will contribute to the economic
growth of the U.S. by investing in U.S. businesses and creating
employment opportunities.” [Source: USCIS]
• The new commercial enterprise may take any lawful
business form, including a limited partnership:
– But the investment must:
• Benefit the U.S. economy, and
• Directly create not fewer than 10 new “qualifying employees.”
– Under the Pilot Program, job creation can be “indirect”—an issue we
will cover later.

Introduction
• The EB-5 Program requires that the project will create
no fewer than 10 full-time positions (or equivalent):
– “…at least 10 additional full-time positions at the commercial
enterprise where the investment occurs…”
• In a Regional Center under the Pilot Program, the new

job creation need not occur entirely at the commercial
enterprise where the investment is made.
– “…must show, through reasonable methodologies, that the
business will create ten jobs indirectly…”

Introduction
• Meeting the job creation burden of an EB-5 project or
Regional Center designation application is where an
experienced regional economist can help!
– Can use static look-up tables and matrixes such as those published
by the Bureau of Economic Analysis (a topic Scot B. will cover),
– Or an application can be developed using the results of dynamic
input-output models from the beginning of project planning
through employment creation documentation for the USCIS
(which I will cover later).

Using Tools…
• As noted earlier, there are static and dynamic
approaches for measuring direct and indirect
jobs.
– A static approach is adequate:
(1) With simple, straightforward projects.
– A dynamic approach is best:

(1) When the project is multi-faceted,
(2) When the project is in a sector where there is a relatively high
capital requirement per job created (Services, Ag., Hospitality,
etc.)
(3) When there are “seasonal” jobs involved, and/or
(4) When you need to understand market dynamics (e.g.
competitive effects) of where your jobs are coming from.
Using Tools…
• Dynamic input-output models can help you to
optimize your project.
– They help “optimize” in two very important respects:
(1) To document your project’s economic/job impact under
USCIS reporting requirements.
- Very few projects these days are “simple or straight-
forward.”
(2) To “keep you” out of trouble.
- So that your financial model is grounded in “reality” (e.g.
Your project is “phased properly” and alien investors are
involved with the job generating parts of the project, etc.)
- The job-creation requirements will not threaten the financial
success of your project.

Using Tools…
• Examples of where dynamic input-output
modeling can be useful, if not vital to a project,
include:
– Strategic project planning and concept development.
– As part of a report to the USCIS with the required
economic-jobs impact estimates once the project plan is
determined.
– Developing pro-forma economic impact-jobs impact
estimates for candidate industries in Regional Center
applications (e.g. LBVRC).
– Follow-up estimates of actual job creation when the
investor petitions for removal of conditions.

…To Ensure
Success
• Example: Strategic Project Planning Assistance:
– Technical assistance in deciding which amenities-activities should
be included in your project to meet the program’s economic impact
and job impact requirements.
– Technical assistance with issues such as “phasing” to help meet
job impact requirements (including projects under the Pilot
Program).
– As a “cross-check” to your business planning.
– Program monitoring to keep you current.

…To Ensure
Success
• Example: Required economic and job impact analysis:
– Presentation of a professional, defensible methodology to help
prove “positive impact on the U.S. economy.”
– Presentation of a professional, defensible estimate of job impacts
to meet program requirements under USCIS regulations:
• 8 CFR 204.6 (j)(4)(i) in general.
• 8 CFR 2004.6(j)(4)(ii) for Troubled Business.
• 8 CFR 204.6(j)(4)(iii) for Regional Centers under the Immigrant
Investor Pilot Program.

…To Ensure
Success
• Example: Pro-forma estimates of job impact for
candidate industries in “Regional Center”
applications:
– Key for having a professional and defensible methodology to
define the region for the Center, and
– To define “the focus of investment activity.”
– Once approved, projects may be developed and investors
may file to invest in commercial enterprises in those
industries in the defined geography of the Center.

…To Ensure
Success
• Example: Follow-up estimates of direct/indirect job
impacts when petitioning for “removal of conditions:”
– Representation by a professional regional economist with USCIS
reviewers on an “as needed” basis.
– Follow-up study to help you “prove” your job impacts as required
under USCIS regulations.

Regional
Centers
• “Regional Center” comes from Section 610 PL 102-
395—the Immigrant Investor Pilot Program [October
6, 1992).
– The Pilot Program came about through a Congressional
mandate aimed at stimulating economic activity while affording
eligible aliens the opportunity to become lawful U.S. residents.
– Through the program, foreign investors were encouraged to
invest funds in an economic unit known as “Regional Centers.”

Regional Center
Designation
• Regional Center [8 C.F.R. § 204.6 (e)]—means any
economic unit (e.g. area) public or private, which is
involved in the promotion of economic growth,
including increased export sales, improved regional
productivity, job creation, and increased domestic
capital investment.
– Prior law required an investment to generate “increased export
sales.”
– Amendments passed in 2000 and 2002 no longer specifically
required increased export sales—though investment to
“generate increased export sales” is still encouraged.
– Presently, the Pilot Program is set to sunset in March of 2009,
though legislation extending the Pilot Program will be introduced
once again in the U.S. Congress.

Regional Center
Designation
• Regional Center designation can be beneficial with
respect to required job generation requirements.
– In Regional Centers, the job creation requirement of 10 jobs can
count both direct and indirect jobs.
– Outside Regional Centers, 10 jobs per investor are needed at
the subject business entity only—direct jobs—which is a much
harder job creation hurdle.
• Regional Center designation does not impact the $1
million threshold required for investments.
– A $500,000 investment is required for projects in:
• Rural Areas (RAs).
• Targeted Employment Areas (TEAs).
– A Regional Center—such as a statewide Regional Center (VT
and AL)—can contain both RAs and TEAs.

Regional Center
Designation
• Rural Areas are those areas outside of metro areas
or part of the outer boundary of any city or town
having 20,000 or less in population.
– Rural areas can be present within Regional Centers.
• TEAs can be as small as census tracts (which can
be in a metro area) with an unemployment level at
least 150% of the national unemployment rate.
– TEAs are identified and designated by the Governor and/or
his/her designee (or the Mayor in the District of Columbia).

Regional Center
Designation
• There is no set format for “Regional Center”
applications.
– Basic requirements for Regional Center designation include
demonstrating that the proposed program:
• Is focused on a specific geographic region as defined.
• Will promote growth.
• Create 10 or more direct-indirect jobs per investor.
• Will increase domestic capital investment.
• Will improve the regional economy.
• Be promoted and publicized to prospective investors.

Contact
Information
• Contact information:
Jeffrey B. Carr, President

Economic & Policy Resources, Inc.
P.O. Box 1660
400 Cornerstone Drive, Suite 310
Williston, VT 05495
JBC@EPReconomics.com
http://www.EB5economics.com


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EB-5 Foreign Investor Seminar

Jeffrey B. Carr, President

For more information on the

For more information on the

• In a Regional Center under the Pilot Program, the new

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– A dynamic approach is best:

For more information on the

For more information on the

– Program monitoring to keep you current.

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For more information on the

For more information on the

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For more information on the

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Jeffrey B. Carr, President

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