EB5 Investors Magazine Volume 3 Issue 3 | Page 96

Continued from page 93 during and after the sales commence. The timeshare unit sales are typically conducted over a four to eight year period, well past the 24-month minimum duration for using direct, indirect and induced jobs. I know this first hand, as Marriott has a five condominium project in my neighborhood in South Florida where I have seen the sales staff guiding prospective clients along the walking paths for about five to six years now. Yet some immigration attorneys have advised using only indirect and induced jobs from sales commissions as they have received RFEs on using all jobs, despite the length of the sales period. Additionally, the sales commissions on these large projects are also very large. Commonly, 20 to 40 percent of the sales price goes to an operator who provides the sales staff and offices, such as Hilton, Marriott or another hotel flag. While the sales transaction amount is always excluded from EB-5 applicable construction costs, the sales commissions supporting the sales force are substantial and should be claimed. Should only indirect and induced jobs be used if the sales staff is employed for longer than 24 months? One final issue is construction overhead and profit, and developer fees. The stakeholder call addressed developer fees, indicating that if these are included for job creation then evidence needs to be shown that they were actually used to create jobs and not simply a return of developer capital. For the most part, construction overhead and profit are a basic part of any construction budget. Without overhead and profit, the 94 construction contractor ceases to have a profitable business, unless it is a cost plus arrangement. We have always included developer fees and overhead, but have gotten pushback now and then. Guidance on these items would also be very helpful. In sum, the type of guidance being suggested here is straightforward and similar to what was given in the June 4th call. Streamlining the process will avoid unnecessary and costly delays, as well as RFEs that no one wants, especially with all the other inherent delays in this program. It is also necessary to bring more consistency into the job creation process is necessary so that the job creation studies are above suspicion by all within and outside of the EB-5 industry, especially those in Congress. ★ Scott Barnhart EB5 INVESTORS MAGAZINE Scott Barnhart, PhD is president of Barnhart Economic Services LLC and an Associate Professor of Finance at Florida Atlantic University. Barnhart Economic Services is a consulting firm specializing in EB-5 economic job creation studies, TEA designations and business plan writing. The firm has conducted hundreds of job creation and TEA studies with 100 percent approval from USCIS to date. Thus far the firm has completed projects in excess of $13 billion in capital expenditures. Barnhart also serves on the EB5 Investors Magazine Editorial Board.