![ARuralAreaisde nedasanyareanotwithineitherametropolitanstatisticalarea(asdesignatedbytheO ce
ofManagementandBudget)ortheouterboundaryofanycityortownhavingapopulationof20,000ormore.
26.HowmanyimmigrantVisasareallottedforthisclassi cation?
eEB-5programallots10,000Visasperyearforaliensandfamilymemberswhosequalifyinginvestments
result in thecreation or preservation of at least ten (10) full-timejobs for U.S. workers. 3,000 immigrant Visasare set
aside for aliens who invest in designated regional centers. An additional 3,000 are available for those investing in
regionalcenterslocatedwithinaTargetedEmploymentArea(TEA).
27.WhatisthehistoryoftheEB-5Visacategory?
eEB-5Visacategorystartedin1990.RegionalCentersbeganin1993. eStateofVermontAgencyof
CommerceandDevelopmentformeditsregionalcenterin1997.Askiresortwasutilizedastheinitialbusiness
modeltojustifyandsupporttheapplicationforRegionalCenterDesignation,whichwasdulyapprovedbythe
ImmigrationandNaturalizationService(INS).
Duringthemid1990sseveralcompaniescompetedforinvestmentcapitalfromforeigninvestorsthroughthe
EB-5program.Mostofthecompaniesdidnto ersoundinvestmentopportunities,didnotraisethefull$1
millioninvestmentcapitaland/ordidnothiretherequirednumberofemployees.
INSwantedtostoptheseabusesoftheprogram.Duetolawsuits,theEB-5programwase ectivelyplaced
onholdbetween1998and2002.In2002,Congresspassedanewlawtoprotectpre-1998investors.Also,ina
casecommonlyknownas Chang, the9thCircuitCourtofAppealsruledthatINSmaynotapplyitsnewrules
retroactively. In August 2003, INS began approving regional center petitions for the rst time since 1998. It is now
common knowledge that EB-5 immigration petitions should be approved by the INS if they re based on sound
investments in designated regional centers for the full $1 million dollars [$500,000 in Targeted Employment Areas
(TEA)] and include the proper supporting documentation. In October 2009, the EB-5 pilot program was extended
forthreeyears,untilSeptember30,2012.Itwasthenextendedagainfor3moreyears.
28.Whataresomeofthebene tsoftheEB-5Visaprogram?
Qualifyinginvestorsandtheirspouseandminorchildren(under21)willbegrantedU.S.lawfulpermanent
residency;
Nominimumrequirementsastoage,abilitytospeakEnglish,employmentexperience,oreducation;
Investorandfamilymaylive/workanywhereintheUnitedStates.Minorchildrenmayobtainemployment,
subjecttoage,stateandgovernmentallawsandregulations;
Educationbene tsincludingadmissiontouniversitiesatU.S.residentcosts;
Doesnotrequireimmigrantinvestorstomanagetheirinvestmentdaily.A er veyears,theinvestorandhis/
herfamilymayobtainU.S.citizenship,subjecttomeetingallimmigrationrequirements,asrequiredbylaw.
The EB-5 Program](https://image.slidesharecdn.com/raulsanchezdevaronaeb5guidee-versionen-150303010610-conversion-gate01/85/The-EB-5-Program-at-TSG-18-320.jpg)
The EB-5 Program at TSG
- 2. INDEX The EB-5 Program 1 Overview 2 Bene ts 3 Eligibility & Requirements 4 Stages of the EB-5 Process 5 Diagrams of the EB-5 Process 6 FAQ 7 Questionaire 8 TSG EB-5 Investment Structure
- 3. e EB-5 Program Overview e h employment-based preference Visa (EB-5) was created by Congress in 1990. It serves immigrants seeking to enter the United States by investing in a new commercial enterprise that will bene t the U.S. economy and create at least 10 full-time jobs. EB-5 investments must either create a new commercial enterprise or provide funding to a troubled business. Every year, the United States Citizenship and Immigration Services (USCIS) allocates 10,000 Green Cards for this program. A Regional Center investment is an alternative to applying directly as an EB-5 investor. The EB-5 Program
- 4. Benefits The EB-5 Regional Center Program sets aside 3,000 Green Cards each year for foreigners who invest in designated regional centers such as Gold Coast Florida Regional Center (GCFRC) or others which TSG has strategic alliances. In addition, the Regional Center program is one of the most flexible immigrant investor initiatives in the world. Its attributes include: * No language requirement; * No minimum education requirement; * No business or management experience requirement; * No quota backlogs (there are multi-year backlogs for many employment and family-based green card categories, but there is no quota backlog for the EB-5 investor category); * No sponsor needed (foreign investors use their own personal funds and do not require sponsorship from either an employer or a family member); * Investment capital can come from a gift, inheritance, business ownership or any other lawful activity; * Investors are not required to manage their investment on a daily basis so they may pursue other professional and personal ventures. The EB-5 Program
- 5. Eligibility & Requirements According to the USCIS, the requirements for applying for an EB-5 visa directly by investing in a New Business Enterprise are: 1. Invest or be in the process of investing at least $1,000,000. If your investment is in a designated Targeted Employment Area (see FAQS for definition) then the minimum investment requirement is $500,000; 2. Benefit the U.S. economy by providing goods or services to U.S. markets; 3. Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you, the immigrant, or your spouse, sons or daughters); 4. Be involved in the day-to-day management of the new business or directly manage it through formulating business policy - for example as a corporate officer or board member. However, if the application is made through a Regional Center, the requirements are: 1. Invest at least $1 million (or $500,000 if the regional center is in a targeted employ ment area) in a regional center that is affiliated with a new commercial enterprise or a troubled business; 2. Create at least 10 new full-time jobs either directly or indirectly through the capital investment. The EB-5 Program
- 6. Stage 1: Registration & Reservation Step 1. Register on the TSG website by completing the Level 1 Questionnaire and Investor Accreditation Form, or call one of our Investor Relations Directors, who will send you the questionnaire and form. All potential investors are also encouraged to visit the development site and inspect the project first hand. Step 2. Upon approval of Level 1 Questionnaire, a full prospectus (Investor Brochure) will be sent to accredited investors. It details the financial viability of the investment and track record of the developer. For a place on the in- vestor list, the investor will be required to complete the reservation agreement and make an initial refundable deposit of $20,000. Investor also will be sent for review an executed escrow (trust) agreement between TSG-EB-5 Program and attorney (escrow account) that confirms the arrangement. Step 3. Upon receipt of the initial deposit and executed reservation agreement, we will forward the Subscription Documents to the investor for review. Once those subscription documents are executed and returned to us, we will send the Level II Questionnaire and Investor Document Binder to the investor, allowing him/her to begin collecting the necessary paperwork. Stage 2: Subscription & Petition Preparation Step 4. At this time, the remaining $520,000 is due. Once received, we will proceed with the investor’s I-526 petition. The investor will provide TSG legal counsel, with all requested documents, including completed Level II Questionnaire, Source of Funds, Tax Returns, and Certificates. The investor may retain independent legal counsel to act on his/her behalf, but documents filed with the USCIS, other relevant documentationandtheapplicationprocesswillbefiledbyTSGLegalCounsel,unlessotherwiserequestedbytheinvestor. Step 5. Once all documentation is received, counsel will file I-526 Petition for Alien Entrepreneur with the USCIS. The petition will request the USCIS approve the petition for an EB-5 immigrant visa. The EB-5 Program
- 7. Stage 3: Conditional Residency Step 6. Once issued conditional permanent resident status, the investor needs to wait 21 months to reconfirm that the full investment has been made and that 10 jobs were or are in the process of being created. Stage 4: Removal of Conditional Resident Status 21 and 24 months after Conditional Resident status is approved. Step 8. Once conditional resident status is removed, a full Green Card is granted for indefinite permanent resident status and work permission in the United States. Either through adjustment of status or Consular Processing, citizenship is possible 5 years after conditional residency is approved, upon satisfaction of residence and other criteria. Step 7. The investor will be able to file an application to remove the conditional resident status (Form I -829) between The EB-5 Program
- 8. START Level 1 Questionnaire Approved?NO End of Application Process YES Receive the Investor Brochure + Level II Questionnaire(2) Complete Level II Questionnaire (return to TSG) + Make an initial refundable deposit of $20,000(3) Complete Reservation Agreement + Escrow Agreement (2) Will be sent to accredited investor to review and investigate the financial viability of the investment and track record of the Developer. (3) For a place in the investor list. Deposit will be returned at the request of an investor pursuant to the Investor Escrow Agreement within. Registration & Reservation Stage (1) Investor Relations Directors. Proceed to Stage 2 Register on www.thesolutiongroup.net or call one of our IRDs(1) Complete Level 1 Questionnaire + Investor Accreditation Form The EB-5 Program Stage 1
- 9. NO End of Application Process YES Make 2nd deposit of $520,000(5) TSG counsel will file all USCIS visa application and other relevant documents(6) Provide all documentation requested by counsel and executive subscription documents + Visa Applications Submit minimum required capital investment(7) Counsel will file I-526 Petition for Alien Entrepreneur with USCIS(8) (4) Level II Questionnaire, Reservation Agreement and Escrow Agreement should be approved, and initial deposit of $20,000 received. (5) Per the Investor Escrow Agreement (6) Unless otherwise requested by the Investor who may retain independent legal counsel to act on his/her behalf. (7) Per the Investor Escrow Agreement (8) This petition requests USCIS to certify the applicant and the investment as eligible for EB-5 status. Stage 2 Subscription & Preparation Stage Proceed to Stage 3 The EB-5 Program Stage 1 is complete?(4)
- 10. NO End of Application Process Petition Approved?NO Appeal decision? YES YES Prepare and submit response to Address the grounds for denial NO National Visa Center will Send Investor notification Once notification received, prepare documents for Immigrant Visa interview(9) Attend Interview at the U.S. Consulate or Embassy in home country(9) YES File application for adjustment of status criminal past, infectious diseases, or other grounds for exclusion by law. Stage 3 Petition Processing Stage Investor is in the U.S.? (9) The purpose of the Adjustment of Status or the Immigrant Visa interview is to ensure that the investor is not subject to grounds of exclusion, such as a Proceed to Stage 4 The EB-5 Program
- 11. Conditional Permanent Resident Status Approved? Conditional Permanent Resident Status Approved?NO Appeal decision? YES Wait 21 months to reconfirm that the full investment has been made + 10 jobs were or are in process of being created File Form I-829 after 21-24 months to remove Conditional Resident Status NO End of Application Process YES Prepare and submit response to address the grounds for denial NO Continue waiting for removal of Conditional Resident Status YES End Conditional Residency is approved; upon satisfaction of residence and other criteria. Stage 4 Removal of Conditional Residential Status Green Card is granted(10) (10) Full Green Card is granted for indefinite Permanent Resident Status and Work Permission in the United States. U.S. Citizenship is possible 5 years after The EB-5 Program
- 13. FAQ 1.MustIhavepreviousbusinessexperienceoreducation? e investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. e only requirement for the investor is that he/she has the required networthandcapital. 2.MustIspeakEnglish? No. 3.MustIbeingoodhealth? Yes/generallygoodhealth. 4.Whatarethebene tsoftheGreenCard? Eachpersonhashis/herownreasonfordesiringpermanentresidencyintheUnitedStates.HavingaGreenCard providesmanybene tsthataccomplishthesegoals: Legal permanent residents under the EB-5 Investor Program enjoy many of the same bene ts as United States citizens: e U.S. is a safe harbor for your family as well as your personal and business investments. Any member of the familywithaGreenCardcanentertheU.S.atanytimeandstayaslongashe/shewises; InvestorshaveconstantandeasyaccesstotheU.S.forpersonal,tradeandbusinesspurposes; PermanentresidentstraveltotheU.S.withouttheneedofaVisa; Investorsmaywork,live,orowntheirownproprietarybusinessanywhereintheU.S.; eU.S.hasinternationallyrecognizedcollegesanduniversitiesforbasiceducationandgraduatestudy.Asa resident,theinvestorcanbene tfromlowertuitioncosts; ecostoflivingintheU.S.islowerthanmostlargeindustrialnations.Consumergoods,services,and housingaresigni cantlylessexpensivethancomparableservicesandgoodsinmostothercountries; StudentsmayworkintheU.S.whiletheyattendcollegeandthencontinuetoworka erward,enablingthe studenttopaypartofhis/hereducationandtoworkwhilecompletinggraduateandpostgraduatestudies; eU.S.providesmany nancial,socialandeducationentitlements:publicschools,healthandmedical attention,socialsecurityandeducation; e EB-5 Program The EB-5 Program
- 14. eInvestorhastheabilitytobringotherfamilymemberstotheU.S.a erproperapplicationandcan obtainU.S.citizenshipa er5years; epermanentresidencyrequiresnorenewalorre-application.OtherU.S.non-immigrantVisas,suchasE-2 andHmayneverresultinpermanentresidency,havetimelimits,andrequireadditional lingwiththeUSCIS orDepartmentofState.Furthermore,U.S.ImmigrationLawsmaychangeandpreventfutureapprovalwhen arenewalofVisaisrequired. 5.Whatismeantbytherequirementthattheinvestorsassetsbe lawfullygained ? Under USCIS regulations, the investor must demonstrate that his/her assets were gained in a lawful manner. is requires the investor prove his/her investment funds were obtained through lawful business, salary, investments, propertysales,inheritance,gi ,loanorotherlawfulmeans. 6.Canmoneygi edbyaparentorotherrelativebeusedforanEB-5Investment? Yes,providedthatanyapplicablegi taxesarepaid.Itmustbedemonstratedthatthegi isanactual arms-length transaction and is not a mere ruse that the gi ed funds will be given back a er permanent resident statusisgranted. 7.Whatisthedi erencebetween conditional and unconditional GreenCards? Under regulations, an investor who is approved for the EB-5 immigrant Visa receives a conditional Green Card, which must be reissued a er two years, subject to removal of conditions. Otherwise, the two cards o er the same rightsandprivileges. 8.Whatisa conditional GreenCard? A conditional Green Card is a temporary Green Card valid for two years. One year and nine months (21 months) a er it is issued, a three-month window opens up during which an individual must le another application with the USCIS. It must verify that all required funds have been invested and employment created in a regional center directly or indirectly. When the conditional resident status has been li ed, full resident status is granted and a permanentGreenCardisissued. 9. If my I-526 petition is approved by USCIS, what is the purpose of the Consulate application and interview, and howsoondoIgetmy GreenCard ? UponapprovalofI-526Petition,youmustwaitfornoti cationfromtheU.S.Consulateinyourhomecountry topreparedocumentsfortheVisainterview.Attheinterview,theconsulateo cermayaddresstheseissuesand informationprintedontheI-526application,includingaskingtheinvestortosummarizethenatureofhis/her immigrant investment. If the investor and his/her family are in the United States, then they may apply for AdjustmentofStatusby lingformI-485andsupportingdocuments. eapplicationmaybe ledattheappropriate o ceoftheUSCIS. The EB-5 Program
- 15. 10.CanIapplyforanEB-5VisaifIhavebeenrejectedorterminatedinthepastbyUSCISforan L-1,E-2,B,orotherVisas? Rejectioninthepastdoesnotdisqualifytheapplicant,unlessthereasonsrelatedtoimmigrationfraudorother major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed toGCFRCandlegalcounselinadvanceofapplication. 11.A erpetitionapproval,canmembersofthefamilyinterviewindi erentcountries? Familymemberscaninterviewindi erentcountries. ecountryoforiginorwherethefamilyhascurrentties isthestandardinterviewsite.O enonememberofthefamilyislocatedinanothercountry,suchasastudent attendingschoolintheU.S. estudentdoesnothavetoreturntothecountryoforiginandcanadjuststatusin theUnitedStatesatthedistricto ceoftheUSCIS. 12.Whoreceivesthepermanentresidency GreenCard ? Husband,wifeandanyunmarriedchildrenundertheageof21.Itispossibleforadoptedchildrentobeincluded inthefamily.Uponapprovalyouwillreceiveaformevidencingapprovalandatraveldocument.Youshouldalso receiveatemporaryGreenCardinthemail. 13.WhatissuecausesthegreatestproblemwhenapplyingforanEB-5Visa? e most common problem area has been insu cient documentation for the source of funds. It is better to provide too much information rather than too little. In this era of terror alerts, and suspicions about money laundering, USCIScaseexaminersrequireawell-documentedsourceoffunds. 14.HowlongmustIremainintheUnitedStateseachyear? A ermakingtheinvestmentandelectingtoproceedwiththeVisarequest,youmustentertheUnitedStates within 180 days of Visa issuance from the Consulate. As a permanent resident, you are required to live in the U.S. for morethan180dayseachyear.But,onceyoubecomeacitizen,residencyrequirementsnolongerapply. 15.Whatisthedi erencebetweenpermanentresidencyandcitizenship? Once you obtain a Green Card, and become a legal permanent resident, you have most of the rights and obligations ofU.S.citizens,exceptthatyoucannotvoteandarenotentitledtosayFederaljobsandpositions.YourGreenCardis your most important travel and identi cation document. When your Green Card arrives, please look at it carefully. Youmayneedtoextenditin10years.Ifyoureplaceitbeforethenbecauseitislost,stolen,orduplicated,youmay le a form with the INS. One of the most important rights legal permanent residents possess is the right to obtain U.S. citizenshipa er ve(5)years. erearetwowaystobecomeaU.S.citizen.OneisbybeingbornintheU.S. eother is by naturalization. e rst step in becoming a U.S. citizen through naturalization is to become a Legal Permanent Resident (LPR). Being a LPR for 5 years is a basic requirement to qualify for naturalization. Once becoming a U.S. citizen,anindividualisentitledtobene tsincludingtherighttovoteandholdpublico ce. The EB-5 Program
- 16. 16.CanmyGreenCardbetakenawayfromme? OnceyoureceiveaGreenCard,thereareonlytwoconditionsrequiredtokeepitforlife.First,youmustnot becomeremovableorinadmissible;themostcommonwayofdoingthisistobeconvictedofaseriouscrime. esecondrequirementisthatyounotabandontheUnitedStatesasyourpermanentresidence. Remaining outside the United States for more than one year does not mean you have automatically given up your Green Card. If your absence was intended from the start to be only temporary, you may still keep your permanent residentstatus.However,youmaynolongeruseyourGreenCardasaU.S.entrydocument.Youmusteitherapply at a U.S. consulate for a special immigrant Visa as a returning resident or you must obtain what is known as a reentry permit. 17.IhaveaGreenCardandplanontravelingoutoftheU.S.foralongtime.CanIkeepmyGreenCard? e primary rule surrounding Green Cards is that you lose it if you give up your U.S. residence. If you are absent for less than six months, you will rarely have a problem as it is up to USCIS to prove you abandoned your residency. However,ifyougiveupyourU.S.residency,youwillloseyourGreenCard. 18.IneedtotraveloutoftheU.S.formorethanayear.IstherenothingIcando? Youcanapplyforareentrypermit(onformI-131)beforeyouleavetheU.S.Youcandepartbeforethereentry permit is approved. With such a reentry permit, you can return to the U.S. even a er one year until the reentry permits expiration date. Reentry permits are issued for two years. You cannot renew a reentry permit, but you can return to the U.S. for a short time and apply for a new one. e second such reentry permit will be granted for two years,butsubsequentonesmayonlybeapprovedforoneyearatatime. 19.ForhowlongisaGreenCardvalid? ereareseveralanswerstothisquestion. IfyoureceivedyourGreenCardthroughmarriage,andhavenotbeenmarriedfortwoyears,youshouldhavea conditional GreenCardthatisgoodfortwoyears.Also,ifyoureceivedyourGreenCardthroughinvestment (EB-5),youshouldhavea conditional GreenCardfortwoyears. Youmustapplyforremovaloftheconditionalstatuswithin90daysbeforetheendoftheinitialtwoyears.Once that is approved, you have a regular unconditional Green Card. If you apply either too early or too late, you will haveaproblemandshouldconsultanimmigrationattorneyforadvice. Ifyoudonothavetheconditionalstatusremoved,theGreenCardwillbecomeinvalidattheendoftwoyears, andyourpermanentresidentstatuswillbeterminated. Unconditional GreenCardsaregoodfortenyears. isdoesnotmeanthata ertenyears,youstopbeinga legalpermanentresident onlythecarditselfbecomesinvalid.YoumustapplyforanewoneusingformI-90. WithoutacurrentGreenCard,youcannotuseittotraveloutoftheU.S.orusetheGreenCardasevidencethat youarepermittedtowork. The EB-5 Program
- 17. 20.AreanycountriesexcludedfromeligibilityfortheEB-5Visaprogram? Residentsofonlyafewcountriesareexcluded(e.g.IranandIraq).Inmostcases,however,iftheapplicantisable toleavetheexcludedcountryandhasthenecessarycapitaltoqualifyundertheprogram,legalcounselwillbe abletohelptheapplicantqualifyfortheVisaapproval. 21.Whatisanescrow(trust)account,andwhendoestheinvestortransferthemoneytothisaccount? AnEscrowBankAccount(Trust)isalegal,interest-bearingaccountestablishedinabanktoholdtheinitial deposit in a trust until the completion of visa processing. is type of account is commonly used in the sale of real estate, businesses and personal property. TSG has established an escrow (trust) account for the purpose of safely holding an investors funds at a leading bank in the United States. Under the agreements entered into with the servicing a liate, the investors minimum required capital contribution is not authorized to be released from the Project escrow (trust) account by the bank until the I-526 Petition has been approved. is process is created to protecttheinvestor. 22.Howdoesthebankescrow(trust)accountprotectmeagainsttheriskoflosingmymoney? eminimumrequiredcapitalcontributionfromtheinvestorisplacedinalegal,interest-bearingescrow(trust) bankaccount.Whenanescrow(trust)bankaccountisestablished,thefundscontinuetobelongtotheinvestor; however, they are committed to be placed into the investment upon petition approval. e bank has an agreement with the investor that requires the funds to be released from the account only when the petition is approved by the USCIS. 23.CanIapplyifIamcurrentlyout-of-status(i.e.,IliveintheUnitedStates,butdonothaveacurrentVisa)? Out-of-statusnationalsarenolongerpermittedtoapplyforpermanentresidencyfromwithintheUnitedStates. eymust rstreturntotheircountryoforiginandapplythroughtheUnitedStatesEmbassythere.Examplesof out-of-status individualsarestudents,touristsandE-2treatyinvestorswhonolongerhavevalidVisasbecause theyremainedintheUnitedStatesa ertheirVisasexpiredorwererevoked.Useextremecaution. 24.WhatisadesignatedRegionalCenter? A RegionalCenter Isanentity,organizationoragencythathasbeenapprovedassuchbytheU.S.Citizenship andImmigrationServices; Focusesonaspeci cgeographicareawithintheUnitedStates;and Seekstopromoteeconomicgrowththroughincreasedexportsales,improvedregionalproductivity,creation ofnewjobs,andincreaseddomesticcapitalinvestment. 25.WhatisaTargetedEmploymentArea(TEA)? Targeted Employment Area is de ned in Title 8 C.F.R. § 204.6 as an area that, at the time of investment, is either a RuralAreaoranareawhichhasexperiencedunemploymentofatleast150percentofthenationalaveragerate. The EB-5 Program
- 18. ARuralAreaisde nedasanyareanotwithineitherametropolitanstatisticalarea(asdesignatedbytheO ce ofManagementandBudget)ortheouterboundaryofanycityortownhavingapopulationof20,000ormore. 26.HowmanyimmigrantVisasareallottedforthisclassi cation? eEB-5programallots10,000Visasperyearforaliensandfamilymemberswhosequalifyinginvestments result in thecreation or preservation of at least ten (10) full-timejobs for U.S. workers. 3,000 immigrant Visasare set aside for aliens who invest in designated regional centers. An additional 3,000 are available for those investing in regionalcenterslocatedwithinaTargetedEmploymentArea(TEA). 27.WhatisthehistoryoftheEB-5Visacategory? eEB-5Visacategorystartedin1990.RegionalCentersbeganin1993. eStateofVermontAgencyof CommerceandDevelopmentformeditsregionalcenterin1997.Askiresortwasutilizedastheinitialbusiness modeltojustifyandsupporttheapplicationforRegionalCenterDesignation,whichwasdulyapprovedbythe ImmigrationandNaturalizationService(INS). Duringthemid1990sseveralcompaniescompetedforinvestmentcapitalfromforeigninvestorsthroughthe EB-5program.Mostofthecompaniesdidnto ersoundinvestmentopportunities,didnotraisethefull$1 millioninvestmentcapitaland/ordidnothiretherequirednumberofemployees. INSwantedtostoptheseabusesoftheprogram.Duetolawsuits,theEB-5programwase ectivelyplaced onholdbetween1998and2002.In2002,Congresspassedanewlawtoprotectpre-1998investors.Also,ina casecommonlyknownas Chang, the9thCircuitCourtofAppealsruledthatINSmaynotapplyitsnewrules retroactively. In August 2003, INS began approving regional center petitions for the rst time since 1998. It is now common knowledge that EB-5 immigration petitions should be approved by the INS if they re based on sound investments in designated regional centers for the full $1 million dollars [$500,000 in Targeted Employment Areas (TEA)] and include the proper supporting documentation. In October 2009, the EB-5 pilot program was extended forthreeyears,untilSeptember30,2012.Itwasthenextendedagainfor3moreyears. 28.Whataresomeofthebene tsoftheEB-5Visaprogram? Qualifyinginvestorsandtheirspouseandminorchildren(under21)willbegrantedU.S.lawfulpermanent residency; Nominimumrequirementsastoage,abilitytospeakEnglish,employmentexperience,oreducation; Investorandfamilymaylive/workanywhereintheUnitedStates.Minorchildrenmayobtainemployment, subjecttoage,stateandgovernmentallawsandregulations; Educationbene tsincludingadmissiontouniversitiesatU.S.residentcosts; Doesnotrequireimmigrantinvestorstomanagetheirinvestmentdaily.A er veyears,theinvestorandhis/ herfamilymayobtainU.S.citizenship,subjecttomeetingallimmigrationrequirements,asrequiredbylaw. The EB-5 Program
- 19. 29.IsEB-5atrulypassiveinvestment? EB-5regulationsrequireinvolvementinmanagementorpolicymaking. eregulationsdeemalimitedliability corporation,whichisproperlystructuredandconformstotheCorporationsAct,assu cientlyengagedinthe EB-5enterprise. 30.WherecanI ndacopyoftherelevantEB-5lawandregulationstoreview? Visit the Bureau of Citizenship and Immigrations Services website. A link to immigrant investment Visa informationisavailableat:http://www.uscis.gov/portal/site/uscis 31.IwanttoinvestintheUnitedStatesandgetaGreenCard.IstheEB-5Visasuitableforme? eEB-5VisapermitsemploymentintheU.S.fortheinvestorandhis/herfamily.Quitesimply,theEB-5Visa givesyoutheopportunityand exibilitytodowhatyouwantintheUnitedStates. Ifyoudonotwanttoactivelymanageyourbusiness,youshouldconsideranEB-5regionalcenterinvestment. The EB-5 Program
- 20. THE EB-5 PROGRAM PROGRAM INVESTOR QUESTIONNAIRE
- 21. Name: (LAST) (FIRST) (MIDDLE) Home Address: (STREET) (CITY) (STATE) (ZIP/POSTAL CODE) Place of Birth: (CITY) (STATE) (COUNTRY) Date of Birth: ______/_____/________ (MONTH / DAY / YEAR) Country of Citizenship: Marital Status: Spouse Name: Date of Marriage: _____/____/_____ (MONTH / DAY / YEAR) Spouse Date of Birth: _____/____/_____ (MONTH / DAY / YEAR) Place of Birth: (CITY) (STATE) (COUNTRY) Nationality: EB5 Program Investor Questionnaire Please answer all of the questions. Please enter N/A if the question is non-applicable. The EB-5 Program
- 22. Children’s Information Name Date of Birth Place of Birth Nationality Have you or your spouse ever been denied entry to the U.S.? If yes, please briefly explain the circumstances. Have you or your spouse ever been arrested and/or convicted of a crime? If yes, explain List your past work experience(s) (job title, dates started/ended, and company name(s)), including your present occupation. Document the funds required to make your investment from a lawful source such as profit or earnings from a business, the profits or proceeds from the sale of real estate, or the profits or earnings from stock or other investments, inheritance, gifts or loans. Are you a business owner? If yes, explain: The EB-5 Program
- 23. NAME _______________________________________________________________________ ________ (Last) (First) (Middle Initial) GENDER: Male ______ Female _______ OTHER NAMES USED OR ALIASES (i.e. maiden name) : FULL NAME IN NATIVE ALPHABET _______________________________________________________ SOCIAL SECURITY # ________________________ A# ____________________________ ADDRESS ______________________________________________________________________ __ (Street # and Name) (Apt. #) City or Town) (State or Province) (Country) (Zip or Postal Code) TELEPHONE NUMBER __________________________________________________________________ (Country Code) (Area Code) (Number) FAX NUMBER ________________________________________________________________________ (Country Code) (Area Code) (Number) EMAIL ADDRESS _____________________________________________________________________ WHAT IS YOUR CURRENT OCCUPATION? ______________________________________________ ENGLISH LANGUAGE: NEED TRANSLATOR CONVERSATIONAL FLUENT APPLICANTS LIVING IN THE UNITED STATES U.S. ADDRESS ________________________________________________________________________ (Street # and Name) (Apt. #) (City or Town) (State or Province) (Country) (Zip or Postal Code) PRIMARY APPLICANT INFORMATION ______________________________________________________________________________________ ______________________________________________________________________________________ The EB-5 Program
- 24. DATE OF ARRIVAL ______/______/________ TYPE OF VISA: _____________________________ (MM) (DD) (YYYY) I 94 # _______________________ CURRENT NON IMMIGRANT STATUS ______________________ (ARRIVAL AND DEPARTURE RECORD #) EXPIRES ON ________/________/___________ (MM) (DD) (YYYY) GENERAL IMMIGRATION QUESTIONS HAVE YOU PREVIOUSLY HELD A US TOURIST OR BUSINESS VISA (A B1 OR B2 VISA)? (PLEASE CIRCLE ONE) YES NO IF YES, WHAT TYPE OF VISA? _____________________________________________ IF YES, WHEN WAS YOUR LAST DATE OF ENTRY? _________________________ HAVE YOU PREVIOUSLY APPLIED FOR A US IMMIGRANT OR NON IMMIGRANT VISA AND BEEN DENIED? (PLEASE CIRCLE ONE) YES NO IF YES, PLEASE PROVIDE DETAILS WHY APPLICATION WAS DENIED ______________________________________________________________________________________ ______________________________________________________________________________________ ARE THERE ANY CHILDREN LISTED ON THE PRELIMINARY QUESTIONNAIRE THAT WILL TURN 21 WITHIN THE NEXT YEAR? (PLEASE CIRCLE ONE) YES NO IF YES, PLEASE PROVIDE NAME AND DATE OF BIRTH OF CHILD ______________________________________________________________________________________ The EB-5 Program
- 25. IS THERE ANY OTHER RELEVANT INFORMATION REGARDING YOUR CURRENT IMMIGRATION THAT WE SHOULD BE AWARE OF FOR YOU OR ANY MEMBER OF YOUR FAMILY? (PLEASE PROVIDE DETAILS BELOW) ______________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ PRIMARY APPLICANT’S NET WORTH Please complete all sections below so that we can evaluate which funds to use for EB-5 purposes. Qualifying investors currently in the US on a non-immigrant visa need to be accredited investors. An accredited investor is a term defined by various security laws that describes investors permitted to invest in certain types of higher risk investments, limited partnerships, hedge funds and angel investor networks. In the US an individual is considered to be an accredited investor if he or she has a net worth of at least $1 million or has made at least $200,000 each year for the last two years ($300,000 with spouse if married). PLEASE PROVIDE INFORMATION FOR ASSETS TOTALING A MINIMUM OF $500,000 OR MORE: LOCATION OF ASSETS: UNITED STATES ABROAD BOTH IF ABROAD, WHICH COUNTRY? ___________________________________________________ ASSETS AMOUNT SOURCE OF FUND CHECKING ACCOUNT $_________________________ SAVINGS ACCOUNT $_________________________ INVESTMENTS $_________________________ (STOCKS, BONDS & MUTUAL FUNDS) BUSINESS INCOME $_________________________ REAL ESTATE $_________________________ INHERITANCE $_________________________ ____________________________ GIFT $_________________________ ____________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ The EB-5 Program
- 26. LOAN $_________________________ ____________________________ OTHER $_________________________ ____________________________ (EXPLAIN ON SEPARATE SHEET) TOTAL $_________________________ LIABILITIES: MORTGAGE $_________________________ OTHER LOANS (EXPLAIN ON SEPARATE SHEET) $_________________________ TOTAL $_________________________ TOTAL NET WORTH $_________________________ SOURCE OF FUNDS FOR INVESTMENT Please use an additional sheet if necessary. Please be as specific as possible when completing the information below. OF THE ABOVE ASSETS, WHICH WILL CONTRIBUTE TO THE INVESTMENT? ASSETS AMOUNT SOURCE OF FUND ____________________ $__________________________ ________________________________ ____________________ $__________________________ ________________________________ ____________________ $__________________________ ________________________________ ____________________ $__________________________ ________________________________ TOTAL INVESTMENT $__________________________INHERITANCE $_________________________ ____________________________ GIFT $_________________________ ____________________________ The EB-5 Program
- 27. The information provided herein by the applicant is certified as accurate.The applicant acknowledges that he/she will be required to support the information with verifiable documents prior to the submission of the EB5 application and will also be required to submit the same documentation for analysis and verification by the U.S. State Department. The applicant acknowledges that the EB5 application that he/she will sign is to be submitted for consideration by the USCIS under penalty of perjury. ________________________________________ NAME OF APPLICANT ________________________________________ SIGNATURE __________________________________ DATE The EB-5 Program
- 28. In order to expedite the processing of the necessary information, we encourage you to collect the following information: COPIES ONLY - where applicable include for each family member 1. Passports 2. Birth certificates 3. Marriage certificate 4. Prior divorce, annulment or death certificate or former spouse 5. CV or resume of investor (include copy of university degree as well) 6. One passport style photo per person with name printed on reverse of photo 7. Last 5 years tax return for individual and his/her company 8. Financial statement of net worth for past 5 years including corporate statements if company is wholly owner or majority owned by the applicant 9. Document that show sale of property, inheritance, loan or gift (may need to document source of funds of the giftor or assignor as well) 10. Bank records showing existence of funds from the account where transfer will originate - must account for at least $500,000) 11. All documents related to prior criminal history if any including arrest records and conviction or acquittal 12. All documents related to prior immigration violations in the US (revoked visa, deportation, visa refusal and the like) Checklist of Pertinent Documents The EB-5 Program
- 29. 7 8 9 10 11 12 2 3 4 5 61 TSG Distressed Assets Funding LTD (TDA) TSG Capital Group (TSGC) 1. Subscription agreement (Between investor & TDA) 2. Limited partnership agreement (Between Investor & TDA) 3. Escrow Agreement A. Promissary note and security agreement (Between TSGC and TDA) B. Membership interest pledge agreement (Between TSGC and TDA) EB-5 Applicant (Investor) Loan 5% Annual Interest The EB-5 Program
- 30. Contact Information: Alberto Galante / Managing Director EB-5 Division +1 305 438 1259 alberto@thesolutiongroup.net Two NE 40 Street, Suite 204 | Miami, Florida 33137 www.thesolutiongroup.net THE EB-5 PROGRAM