EB5 Investors Magazine Volume 4 Issue 1 | Page 92

Continued from page 89 How Data Analysis can be used to Address an RFE Successfully – A Case Study Soon after the May Memo was released, many regional centers received an RFE challenging their tenant occupancy-based job projection based methodologies. Most regional centers gave up “tenant occupancy” jobs, but one in particular felt a favorable decision was within reach. Their persistence paid off with an eventual approval, but it did not come easily. By providing a comprehensive list of data for all the prospective tenants, this regional center showed that there was excess demand for their project. Although USCIS rejected the conclusions of their analysis, it was apparent that the methodology of this analysis was accepted. By the time the last RFE arrived, this regional center was able to sign up tenants and provided concrete proof of their s pecific industries. Fortunately for this regional center, the developer was smart about the types of tenant businesses that they were bringing into the development. In response to the RFE, the data was updated with a more specific list of prospective tenants and the irrelevant industries were thrown out. What ensued was basically a chess match with the data. The discarded industries were ones that displayed no excess demand and the updated analysis now proved to be credible. The project thus was approved with tenant occupancy jobs. This example shows that proper use of data may be the only solution for approval with difficult project requirements. 90 The Proper Role of Third-Party Data The evolving EB-5 environment has changed the priority of third-party data and the role of the business plans today. When preparing an exemplar EB-5 project, a project developer must start with the correct foundation. While the goal is to find the correct amount of EB-5 funds in the capital stack, the process needs to start with relevant data. This can either be done by purchasing a feasibility study or by engaging a company that will correctly identify the relevant data and use it to model out the financials and any construction costs. As long as the data can be shown to be credible, these conclusions can become the proper basis for economic model inputs. The economist should be able to easily take those inputs and model out the job creation numbers to determine the maximum projected raise of EB-5 capital. By incorporating the proper third-party data (with source attribution) into a business plan, a separate feasibility study is usually not required for I-526 approval of a project. The case where a feasibility study may be needed is when a project is unique and has insufficient data points or the data is proprietary and unattainable. When opening a new business location for an existing brand, the feasibility study can include regression analysis by plotting the data of existing locations. Without properly analyzing and identifying both the maximum raise potential and the expected minimum raise of EB-5 funds in the capital stack, it is very difficult to fully commit to a plan. Project details may have to be tweaked according EB5 INVESTORS MAGAZINE