Comment: Latest On RC Reauthorization

We are pleased to reproduce an excellent article by AIIA on the legislative status of EB5/reauthorization. Highlights:

  1. "There is no sense of urgency in Congress for EB-5 authorization and no guarantee that reauthorization will occur by February 18... In fact, we were informed by a senior staff[er] at Sen. Grassley’s office that they will get to the EB-5 issue ‘in the first half of 2022’".
  2. "The Grassley-Leahy bill, not the industry consensus reform bill, will likely be the framework for any reauthorization bill that moves forward... All aspects of Regional Center reauthorization, including the TEA definitions, investment amounts, and investor-level regulatory issues are all still pending review and negotiations".
  3. "We have received meaningful assurances from the most influential offices that neither they nor any concerned stakeholders they have heard from have any objection to the language contained in the Foreign Investor Fairness Protection Act (FIFPA) and they recognize grandfathering as one of the pillars upon which the program will be resurrected".

Our conclusions: 

  1. Reauthorization by February 18 is very unlikely.
  2. The industry consensus reform proposal doesn't have much traction in Congress.
  3. The interests of past EB5 investors are decoupled from the interests of RCs (as far as Congress is concerned).

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