Investments made by EB-5 funds are typically structured as loans to the job-creating enterprise. It is also common for such investments to be made in connection with construction projects, which also have a senior loan from a commercial lender providing the bulk of the so-called construction financing. Rules adopted in recent years with respect to how banks must treat High Volatility Commercial Real Estate loans have implications for the structuring of EB-5 investments.
In NES Financial’s recently released eBook, Navigating a Changing EB-5 Sector: Insights from Experts, Mark Katzoff, Arren Goldman, and the late Gregory White of Medallion Partner Seyfarth Shaw provide a brief summary of the implications of the High Volatility Commercial Real Estate rules mentioned above and potential ways to address them.
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