IMMIGRATION: Invest in real estate, get a green card

IMMIGRATION: Invest in real estate, get a green card

Facing a deadline to get a green card or go home, Chinese immigrant Xiaoyu “Hugh” Hou narrowed his options to two: Marry an American or come up with $500,000 to invest in a jobs project.

“I don’t want to get married. It’s not my lifestyle,” said the 32-year-old tech entrepreneur, now living in Santa Monica. “I asked my mom for the money.”

Five years after he lent mother’s half-million to a San Bernardino redevelopment project, Hou got her money back, plus interest. And, he became a U.S. citizen.

There’s a long line to enter “the golden door,” as the gateway to America is known in a poem at the Statue of Liberty. But immigrants like Hou are finding a shortcut: investing in real estate.

Under a rapidly expanding program called EB-5, immigrants can get a green card for themselves and their families if they invest at least $1 million and create 10 or more jobs. The minimum investment drops to $500,000 if the project is in a rural area, or one with high unemployment.

Although the 25-year-old program got off to a slow start, EB-5 investment has exploded since the recession.

Between 2010 and 2014, EB-5 projects in San Bernardino and Riverside counties have generated investment of more than $190 million and have created an average of 960 direct and indirect jobs annually.

700 percent jump

Nationally, EB-5 investment grew from $321 million in 2008 to $2.6 billion in 2014, according to Invest In the USA, an EB-5 trade group. That’s a 700 percent jump.

This year’s investment is on track to hit $3.6 billion, the group says.

Businesses called “regional centers” – which can be privately or publicly owned – recruit investors from around the globe, pool their capital and funnel the money to various developments.

Typically, the return on such investments is small – 1 percent a year or less – since investors’ main interest is getting a green card, not making money, observers said.

The U.S. State Department issued the maximum of 10,000 EB-5 visas for the first time in 2014, up from 800 in 2007.

Three key factors are driving that growth, experts say.

During the recession, bank loans dried up, forcing U.S. businesses to find alternative sources of financing. At the same time, foreign investor demand for EB-5 visas mushroomed due to China’s economic boom and Canada’s decision to limit immigration.

“U.S. companies couldn’t get financing,” said Ronald Fieldstone, a Miami attorney who serves as counsel for EB-5 developers and foreign firms.

Then the program started catching on for various reasons, one of them being that you could get a source of capital at a reasonable rate.”

The number of regional centers grew from 11 in 2007 to 697 as of August, government figures show.

Eighty-five percent of EB-5 visas last year went to immigrants from China, State Department figures show. Experts say they are seeking a better education for their children and the freedom to travel that comes with a U.S. passport.

Applicants from South Korea, Mexico, Taiwan and Vietnam accounted for an additional 6 percent.

A boon for real estate

The EB-5 law will go before Congress for reauthorization next month, and legislators are considering a number of reforms, including raising investment minimums.

Supporters say the EB-5 program is a huge boon to the U.S. economy. An Invest in the USA study released in May said it contributed $3.6 billion to U.S. GDP in 2013, supporting over 41,000 jobs.

Investment in construction and real estate – mixed-use projects, hotels, hospitals, offices and massive housing projects – accounted for $872 million of that economic impact, generating more jobs and capital than any other sector, the study said.

“The program is basically to create jobs and stimulate the economy,” said David Hirson, an immigration attorney who has worked on EB-5 projects since the early 1990s.

“We’re getting many projects and buildings that we would not otherwise have – be they stadiums, be they high-rises. And that stimulates the economy. Not only by the investments, but by (wealthy immigrants) coming to live here. And they continue to invest here.”

Critics, however, say the EB-5 program allows immigrants to buy their way into America, circumventing the long waits other immigrants face.
“We shouldn’t be selling visas to anyone. It’s morally wrong. It’s a highly inappropriate policy,” said David North, a senior fellow at the Center for Immigration Studies, a D.C.-based think tank that supports a lower level of immigration.

The program, some also complain, is fraught with fraud and abuse and doesn’t benefit rural or high-unemployment areas as it is meant to. Critics, and even some EB-5 proponents, say U.S. census tracts are often linked in such a way that areas of low unemployment are gerrymandered to benefit the applicants, who then qualify for projects with investment minimums of $500,000 rather than $1 million.

More than 90 percent of the EB-5 visas issued nationwide are awarded for $500,000 investments.

The investment nets the applicants green cards for themselves and also their immediate family members. Of the 10,000 investor visas issued last year, about 6,000 went to spouses and children.

Riverside and San Bernardino counties have been prime for EB-5 investment due to having high unemployment areas that qualify for the lower investment minimum, which is $500,000.

The Norton Air Force Base project in San Bernardino is one of the most notable EB-5 projects in the Inland area.

Patrick Hogan, president of CMB Regional Centers, said EB-5 investments have helped build new roads into the military base and also asphalt covering to allow the storage of semi-trailers and school buses. The investments also helped build the two operations that Hogan said produced about 2,500 jobs.

“Many of our projects wouldn’t have happened had it not been for EB-5 funding,” said Hogan.

“We were able to help build the infrastructure to bring these companies to the Norton Air Force Base,” he added.

Hogan said half of the projects at the former base wouldn’t be there without EB-5.

In Riverside County, officials began heavily promoting EB-5 in 2009 with the creation of the Office of Foreign Trade.

In 2009, when traditional banks and sources of funding weren’t lending, the county created the Office of Foreign Trade as it looked for alternate investment sources to help complete projects.

EB-5 provided that alternative.

Investment has been made in skilled nursing facilities, hotels, wineries, medical office buildings, shopping centers, and solar projects in Riverside County.

“We’re looking to get into a more global competitive business model,” said Heidi Marshall, Riverside County’s commisioner of foreign trade.

‘We’re Americans’

An immigration attorney told Paul and Sharon Little it would take their family eight to 10 years to emigrate from England to the U.S., even though Sharon’s father is a permanent U.S. resident.

The Littles had been visiting Sharon’s father in Hemet annually since 1999, and they fell in love with the California lifestyle, the people, the weather. They wanted their daughters to grow up here, believing they’d have more opportunities in the U.S.

But after getting their lawyer’s news, they gave up their dream of coming to America. Until 2007, when Sharon read about the EB-5 program on the Internet.

Within a year, Paul, 52, got a buyout from his job as an executive in the travel industry, providing cash for their investment. They put their house on the market and started researching places to invest.

“We wanted to make a good choice,” Paul said. “There was no guarantee you get your money back.”

They ended up investing $500,000 in CMB’s project in San Bernardino, which is building roads and bridges for a new development at the former Norton Air Force Base.

The Littles spent about $50,000 more in legal fees and other costs. They had to provide documentation to the U.S. Embassy in London proving they had their vaccinations and were physically fit. Then they got their conditional green cards, good for two years.

On July 22, 2009, they moved to California, eventually settling down in Murrieta, where Paul opened an Irish pub called the Shamrock. The Littles’ daughters, Nicole, 16, and Brooke, 13, went from a small Catholic school back home in Manchester, England, to a 1,500-student public school. “As a parent, it was scary,” Paul said.

In 2011, the Littles got their permanent green cards. In 2014, they got their $500,000 back, one year early. Last March, they became U.S. citizens.

“We’re Americans,” Paul said. “Full on.”

‘Brutally risky’

Hugh Hou, from China, first came to the U.S. after getting a student visa to attend a master’s program in communications at Cornell University. After graduation, he got a six-month internship visa while employed at a Southern California branding firm, then renewed it for another six months. After that, there were no more renewals.

“I work here, my friends are here,” Hou said. “I tried to find another route” to stay here.

That’s when he learned about EB-5 visas. For the next six months, Hou became an EB-5 expert.

He spoke to regional centers, read financial statements, made sure each investment’s risk was tolerable. Like the Littles, Hou settled on CMB’s Norton Air Force Base project.

Hou invested the money and got his green card. About a month ago, he got his mother’s money back. He’s keeping it in the U.S. for her. She plans to visit shortly and buy a rental house with the cash.

Hou said finding a good EB-5 investment isn’t guaranteed. There are tons of brokers in China hawking U.S. investment programs, and he suspects some are scams.

Government figures show that an average of 274 EB-5 green card applications, or just over 15 percent, get denied each year.

A recent Government Accountability Office report found that government investigators identified at least 35 cases of securities fraud in the EB-5 program, noting that “immigrant investors may be vulnerable to fraud schemes because they may be primarily focused on obtaining their visas.”

The report said the government is unable to adequately monitor the program.

Hou noted that it’s virtually impossible to research EB-5 programs while in China, especially if you don’t speak English.

“EB-5 is actually a brutally risky investment,” Hou said. “Right now, if my friend said, ‘I want to be in America, what can I do?’ I would say, ‘I’ll introduce you to (an American) girl, and you should get married.’”

Staff writer Alejandra Molina contributed to this report.



  • New York

Securities Disclaimer

This website is for informational purposes only and does not constitute an offer or solicitation to sell shares or securities. Any such offer or solicitation will be made only by means of an investment's confidential Offering Memorandum and in accordance with the terms of all applicable securities and other laws. This website does not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied on in any connection with, any contract or commitment whatsoever. LLC and its affiliates expressly disclaim any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in the website, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom.