EB5 Investors Magazine Volume 4 Issue 1 | Page 32

Continued from page 29 Benefits to Immigration Attorneys An immigration attorney can enter into an alliance with an investment adviser to provide combined legal and investment advisory services to their clients, subject to the limitations of professional regulation. Through the collaboration, such a team provides independent, professional, and consolidated services that neither could provide alone. Clients enjoy a strong sense of security because of the enhanced service. Through the alliance, immigration attorney and investment adviser can both achieve higher conversion rates, while they help their clients to make a more informed decision. In many foreign countries, an EB-5 investor often expects a “super” immigration attorney to know everything about EB-5, including technical issues such as the possibility of project completion, project evaluation and etc. With the alliance in place, an immigration attorney no longer faces the pressure to practice beyond the limits of professional expertise. Benefits to EB-5 Industry The much anticipated permanent reauthorization of the Regional Center Program did not happen last year. A major concern is fraud, as evidenced by recent lawsuits filed by the SEC. If RIAs had represented the investors in these cases, they would have checked the issues “under the hood;” the fraud would have been avoided. Consequently, there would have been less criticism and the program might have a better chance of becoming permanent. To investors, the RIA model can give them a sense of security and a desirable situation that everybody is looking for: happier customers, fewer complaints, better social image, and more stability throughout the EB-5 industry. The RIA model may also boost investor confidence by making the process more transparent and efficient. Investors would spend less time making the investment decision, which could in turn reduce friction and marketing costs. To Regional Centers who are promoting safer deals, the RIA model could potentially starve out the riskier competitors and help bring supply and demand back into balance. Hence, lower finder fees become possible.3 Challenges and Opportunities to RIA Model As good as it may sound; the RIA model is yet to be tested. The investors are not accustomed to commit to a relationship with someone whom he or she just met a few days ago. However, it appears that more and more investors are becoming both more risk averse and more investment savvy, and they are starting to look for independent advice. Given the likelihood of an increased minimum investment amount, the benefits of safety and convenience seem to well-compensate the inflexibility created by an advisory fee agreement. ★ Contradictory to common belief that an investment adviser should not step into immigration risk evaluation territory, the idea that an RIA can more effectively mitigate immigration risks is stron g. The reasons are following: 1) An RIA who understands real estate development process can evaluate the readiness of a project from the perspectives of entitlement, site control, financing, construction contract, and market feasibility. If a project cannot complete, job creation cannot complete either. 2) An RIA typically has a stronger economics and investment knowledge base, which can be more helpful to evaluate the assumptions, methodologies, and conclusions of an economic study report. 3) An RIA has more knowledge in projecting revenue generation which directly impacts operational job creation. 4) An RIA usually has more experience in the business world, and he or she can quickly grasp the concept of sustained investment or at-risk requirement. As such, an RIA can be a great support to immigration attorneys who have much more comprehensive knowledge and experience in immigration laws and who receive direct feedbacks from USCIS. 1 As explained in prior section, to formally begin advising an investor, a RIA would sign a fee agreement with the client which specifies the amount of fees and scope of services. Before a fee agreement is signed, an RIA can answer general questions about EB-5 such as retrogression, but does not give investment advice about a specific project. The fees come from the investors only and it is predetrmined. 2 My observation is that in China, EB-5 is mainly a “relationship market”, not a “due-diligence market”, i.e. many investors make decisions based on trust to their friends and relatives who are associated with intermediaries, attorneys, or regional centers, not based on advice given by investment professionals. Because of the complexity and lengthy investment period, the friends and relatives could be giving out sincere but “bad” advice. Because the market lacks to some extent ability to evaluate investment, a “good” EB-5 project may have a hard time to differentiate itself from competitors that are indeed more risky. In many cases, the “good” EB-5 deal is forced to offer higher finder’s fee to motivate migration agencies who in turn mobilize more “amateur advisers” - friends and relatives of potential investors. The adoption of RIA model can help differentiate “good” deals from the crowd. The market would identify the “good” deal, either through an RIA, or through RIA’s clients who leak out the “insider information”. The more RIAs in the system, the faster the “differentiating” process will complete. 3 Eric Yao is the founder of Pacific ProPartners, a California Registered Investment Adviser specializing in EB-5. With over 20-years of professional experience and having worked at a real estate development firm, a regional center and an immigration agency, Eric has a thorough understanding of the entire EB-5 process. Eric earned his MBA in Real Estate from the University of Wisconsin Madison, an MA in Economics from Renmin University of China, and an MS in Real Estate from the University of Reading. 30 EB5 INVESTORS MAGAZINE