EB-5 investments can be structured as either loans or as equity. Which structure is best for you will depend on your personal financial and immigration goals. By understanding how these investment structures work, you will be able to make choices that better fit your unique situation.
In this article, we start by explaining the basic differences between EB-5 loans and equity investments. Then, we list the pros and cons of each of these investment structures. Finally, we show how our equity and loan projects can help you achieve your EB-5 investment goals.
How Are EB-5 Investments Structured?
Which Structure Should an EB-5 Investor Choose?
EB5AN Offers Both EB-5 Loan and Equity Investments
Contact EB5AN for More Information
How Are EB-5 Investments Structured?
An EB-5 investment can be structured in one of two ways: as a loan or as an equity investment. These two investment structures impact an EB-5 offering in many ways.
Understanding EB-5 Loans
When an EB-5 investment is structured as a loan, the EB-5 investors’ funds are loaned to a borrower. The borrower may be the project itself, but it could also be a separate company that then invests the EB-5 funds into the project. In either case, the loaned EB-5 funds are used to develop and/or operate the project. Both of these cases are permitted by USCIS.
When these funds are used to make a loan, they must be repaid by a certain date. The loan’s repayment deadline is known as its maturity date. Sometimes loans have optional extensions to the maturity date, but these extensions are usually limited. For example, a loan may mature after five years but have two optional one year extensions. In this case, the loan could last for up to a maximum of seven years.
Some loans allow for prepayment. This means the borrower can repay the loan before the maturity date.
Loans can also be secured by collateral. Sometimes this collateral is a mortgage on the property that is being developed. Other times, loan security takes the form of a third-party repayment guaranty, where a separate entity guaranties the repayment of the loan. Under EB-5 program rules, an EB-5 loan can be secured by a mortgage, guaranty, or other forms of security.
When a project borrows money, it is required to pay a certain percent of the initial loan principal as interest to the lender. An EB-5 lender typically distributes some of this interest in the form of a return to the EB-5 investors.
Understanding EB-5 Equity
When an EB-5 investment is structured as equity, the EB-5 investors’ funds are used to purchase interests in the project. While the equity investment can be made directly in the project, sometimes it is indirect. In such cases, EB-5 funds purchase interests in a separate company that owns interests in the project. Both of these cases are allowed under EB-5 rules.
For equity investments, the invested funds do not have a set repayment date. Equity is typically repaid after a capital event, like the sale or refinancing of the project. The timing of repayment is not fixed, but an experienced developer will have a target repayment date. Whether the developer repays investors by that date or after—or at all—depends on project performance.
While the quality and track record of the developer is a key consideration generally, it is especially so for equity investments.
Equity investments do not earn interest like loans. Instead, when the developer sells or refinances the project, any profits get spread around to those who hold equity interests. EB-5 investors typically receive a portion of these profits as a return on their investments.
Which Structure Should an EB-5 Investor Choose?
Neither the loan or equity structure is better than the other. They are just different. Each has its own strengths that fit different investment goals. And each has certain risks that should be considered. Below, these pros and cons will be explored in greater detail for both investment structures.
Pros and Cons of EB-5 Loans
Pro: Additional Financial Safety. EB-5 loans can offer investors added safety features like mortgages and third-party repayment guaranties. When an EB-5 loan is secured by some kind of collateral, it reduces risk for EB-5 investors. With a secured loan, if the borrower cannot repay the loan when due, the EB-5 lender can enforce its rights under the mortgage or guaranty, which helps ensure EB-5 investors are repaid.
But these financial safety features are only as strong as the collateral behind them. For example, suppose the value of a property is $3 million and the amount borrowed under the loan is $16 million. If the borrower fails to repay the loan and the lender enforces its rights under the mortgage, the property value is far less than the amount owed. In a case like this, the mortgage does not fully secure the loan, and the risk is high that EB-5 investors will not be repaid.
The highest quality EB-5 loan offerings will be secured with enough collateral to cover the entire principal amount of the loan. Projects with strong loan security are happy to show EB-5 investors their financial documents.
Pro: Predictable Repayment. EB-5 loans have more predictable repayment timelines than equity investments. With a set maturity date and limited number of optional extensions, EB-5 investors can have greater confidence about when they will be repaid.
Con: Lower Return. EB-5 loan offerings tend to provide lower annual return rates to EB-5 investors. Earning a smaller return may not align with some EB-5 investors’ goals. But for other EB-5 investors, the size of the return is not as important as a predictable repayment timeline and additional financial safety.
Pros and Cons of EB-5 Equity
Pro: Higher Annual Return. EB-5 equity investments typically offer EB-5 investors higher return rates. Where loan offerings may give EB-5 investors returns as low as 0.25%, an equity investment may provide returns as high as 5.0%. Put differently, on $800,000, a 0.25% annual return yields $2,000 per year, while a 5.0% annual return yields $40,000 per year.
Con: Flexible Repayment Timeline. Since the timing of an EB-5 equity investment is not set, EB-5 investors may not be repaid as quickly as they originally expect. Repayment timing for equity investments is tied to project performance. If the project performs well, EB-5 investors may be repaid sooner than expected. If the project runs into issues, repayment may be delayed. While the exact timing of repayment is not as big a priority for some investors, others need more certainty about when they will be repaid.
EB5AN Offers Both EB-5 Loan and Equity Investments
Every EB-5 investor has his or her own unique situation. Some are looking for the lowest risk option available and care less about earning large returns on their investments. Others want a high yield return and are comfortable remaining flexible about when they are repaid. Since no one project structure suits the needs of all investors, EB5AN offers both EB-5 loan and equity projects.
EB5AN’s EB-5 Loan Investments
EB5AN is currently offering four best-in-class EB-5 projects structured as loans. They all have additional financial security and many other top-tier features.
The Twin Lakes Georgia (Loan) rural TEA project is a single-family home community being developed by the Kolter Group. Kolter is one of the top 25 largest private home builders in the Southeast and has a perfect record of completing projects and repaying debts. The loan is secured by a repayment guaranty from one of Kolter’s parent companies. Twin Lakes is already profitable, with over 580 homes sold as of November 2023. Enough EB-5 eligible jobs have already been created for all EB-5 investors in this project. Also, a prior phase of this project has received approval from USCIS.
As a rural TEA project, Twin Lakes may be right for you if you are a Chinese or Indian national living outside of the United States. Rural investments have reserved EB-5 visas, allowing investors from backlogged countries to avoid lengthy delays. Twin Lakes may also be a fit if your top priorities are immigration and financial safety.
The Boynton Beach (Loan) urban TEA project is a 210-unit apartment community for active adults age 55+ featuring top amenities. This project takes advantage of growing demand and limited competition. Boynton Beach is being built by Kolter. Like Twin Lakes, Boynton Beach has a loan repayment guaranty from a Kolter parent company. The loan term is a short 3.75 years with an optional 1-year extension.
The Boynton Beach (Loan) offering may be right for you if you are looking for a shorter investment term and great financial security features.
The Wohali Utah (Loan) rural TEA project is a single-family home community underway near Park City, Utah. The project features a golf course designed by an acclaimed course designer and other top amenities. The EB-5 loan is secured by mortgages on thousands of acres of land and a 100% equity pledge from the project company. As of September 2023, Wohali Utah has created over 570 jobs. The project ultimately expects to create 4,396 EB-5 eligible jobs. Wohali Utah has received project approval from USCIS.
Because Wohali Utah is in a rural TEA, it might be right for you if you are a Chinese or Indian national living outside of the United States. With strong job creation and I-956F project approval, Wohali may also be a fit for you if your top priority is reducing immigration risk.
The Kindred Resort at Keystone (Loan) rural TEA project is a luxury ski-in/ski-out hotel and condominium project being built in Keystone, Colorado. As of December 2023, 68% of condos are presold with a 20% deposit. The loan is secured by an equity pledge and will ultimately have a senior mortgage on the property. Construction is well underway, and all required EB-5 jobs have already been created.
As a rural TEA project, Kindred Resort may be a fit if you are a Chinese or Indian national living outside the United States. Kindred Resort may also be right for you if your top priorities are immigration and financial security.
EB5AN’s EB-5 Equity Investment
The Boynton Beach (Equity) urban TEA project is an equity investment that will also fund the Boynton Beach multifamily project listed above. This offering is separate from the loan offering. The Boynton Beach equity investment features an above-market 5.0% annual preferred return. The target investment period is a short 3.75 years. With Kolter’s strong track record and 25+ years of experience, EB-5 investors can have confidence that the project will be completed and that all EB-5 funds will be repaid.
The Boynton Beach (Equity) offering may be right for you if you are looking for a project by a top developer offering a short investment term and high returns.
Contact EB5AN for More Information
EB-5 investments no longer have to be one size fits all. We want you to find the best project to fit your goals. Whether you are looking for an EB-5 loan or an equity investment, we have an array of low-risk, high quality projects.
For more information on our EB-5 projects, schedule a one-on-one call today.
