'Green cards for cash' benefiting Trump?

Published Apr 28, 2017

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Washington -  The original plan was to attract foreign investment to

blighted neighbourhoods. But instead, the controversial EB-5 investor visa

enabled affluent Chinese to park their cash in high-end real estate in Beverly Hills and Manhattan

benefiting developers such as Donald Trump and his son-in-law, Jared Kushner.

Now the visas criticized as "green cards feor

cash" face a questionable future, with some members of Congress refusing

to reauthorize the program, which expires Friday, unless there is significant

reform.

Proponents of the program argue that the investor visas

provide capital for economic development. Critics say it encourages a two-tier

immigration system favouring the rich over those fleeing wars, persecution and

poverty.

"These are wealthy investors whose main goal is to

secure the visa as quickly as possible," said Gary Friedland, an

investments and capital markets scholar in residence at New York University

whose research focuses on EB-5 capital. "The way to do that is to invest

in the safest projects that are most likely to be completed in the shortest

period of time."

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Some lawmakers, as well as the White House, say lax

government oversight has resulted in a visa program that's rife with abuse.

Sen. Charles Grassley, R-Iowa, chairman of the Senate Judiciary

Committee, and Sen. Patrick Leahy, Vt.,

a former ranking Democrat on the panel, have proposed reforms, along with their

counterparts in the House. So, too, has the Department of Homeland Security.

Some members of Congress have threatened to let the program

expire in its current form on Friday if their colleagues do not agree to

immediate changes.

Industry observers say the program is likely to be

reauthorized under a short-term budget bill, separate from large-scale

immigration reforms being hashed out with industry and the Trump

administration.

The deadline presents a tricky political test for President

Donald Trump. Both he and Kushner, a senior adviser to the president, have

benefited directly from the visa program. Trump, who last week signed an

executive order calling for an overhaul of high-skilled worker visas, has not

spoken out much on EB-5 visas.

"It's a third-rail issue for the White House. They

don't want to be seen as obstructionists to reform," said William Cook,

former general counsel of the US Immigration and Naturalisation Services in

the George H.W. Bush administration when the EB-5 program was created. His law

practice, Global Migration Law Group, represents foreign investors.

 The White House issued a statement to The Washington Post

this week saying that the Trump administration is weighing reforms to the

foreign investor visa program.

"There are serious concerns held by the administration

regarding the EB-5 visa program, in part because it is not being used as it was

primarily intended," said Michael Short, a White House spokesman.

 "The administration is continuing to evaluate reforms

to the program, which we believe is in need of substantial repair." Congress

created the EB-5 citizenship pathway in 1990 as a way to provide jobs during a

recession.

The guidelines require aspiring immigrants to invest $1

million in a new business anywhere in the country that would create at least 10

full-time jobs or put $500 000 into projects in needy areas, such as rural or

urban communities with unemployment rates well above the national average. In

exchange, the investor and immediate family members receive two-year

conditional green cards.

The law does not define economically needy areas, and

developers often draw the boundaries, resulting in "gerrymandered"

areas in which their projects are located in affluent communities, researchers

said.

This is how the Beverly Hills Waldorf Astoria ended up as an

EB-5-funded project, with $150 million in foreign investment by 300 investors

at $500 000 each, according to a report by Friedland for NYU Stern's Centre for

Real Estate Finance Research.

It's also how Trump

Bay Street, a 50-story luxury apartment complex

built by Kushner Cos. in Jersey City,

was financed, according to a 2016 Bloomberg News report. A quarter of that project's

funding  $50 million came from EB-5

investors.

"The original intent was to establish an incentive for

immigrants to invest in areas that can't otherwise attract conventional

capital," Friedland said. "Instead, virtually all projects qualify.

It's merely serving to enhance the returns for those developers."

About 99 percent of the visa holders invested only $500 000 and

only a tiny fraction of projects, 3 percent, were in rural communities,

according to Rebecca Gambler, director of homeland security and justice issues

at the Government Accountability Office.

About 10 000 EB-5 visas are issued each year; 85 percent go

to Chinese nationals, according to federal data compiled by Invest in the USA, an EB-5

trade association.

The foreign investment dollars are concentrated most heavily

in California, New York

and Florida,

according to a Commerce Department report in January.The bill from Grassley and Leahy proposes raising the

minimum investment to $800 000.

A portion of EB-5 visas would be reserved for rural areas.

And the bill would impose stricter criteria for defining needy areas. But some

industry representatives say the changes would hurt projects already underway.

Washington

has benefited from more than $250 million in EB-5 investments since 2011, said

Angel Brunner, founder and president of EB5 Capital, which connects investors

with development projects in 10 states plus the District.

More than half of that money has gone into the NoMa

neighbourhood north of Union Station, she said, where previously there was

nothing but warehouses lining railroad tracks. An REI flagship store has sprung

from the former Uline Arena."None of these projects would qualify under the

proposed changes," Brunner said.

WASHINGTON POST

 

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