Top Banner

of 30

The EB-5 Program at TSG

Oct 06, 2015

Download

Documents

The fifth 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.
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
  • THE

    EB-5 PROGRAM

  • INDEX

    The EB-5 Program

    1 Overview2 Benets3 Eligibility & Requirements4 Stages of the EB-5 Process5 Diagrams of the EB-5 Process6 FAQ7 Questionaire8 TSG EB-5 Investment Structure

  • e EB-5 ProgramOverviewe 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 benet 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

  • Benets

    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 exible 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

  • 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 denition) then the minimum investment requirement is $500,000;

    2. Benet 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 ofcer 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 afliated 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

  • 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 rst hand.

    Step 2. Upon approval of Level 1 Questionnaire, a full prospectus (Investor Brochure) will be sent to accredited

    investors. It details the nancial 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 conrms 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

    investors 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 Certicates. The investor may retain

    independent legal counsel to act on his/her behalf, but documents led with the USCIS, other relevant

    documentation and the application process will be led by TSG Legal Counsel, unless otherwise requested by the investor.

    Step 5. Once all documentation is received, counsel will le 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

  • Stage 3:

    Conditional Residency

    Step 6. Once issued conditional permanent resident status, the investor needs to wait 21 months to reconrm 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 indenite 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 le an application to remove the conditional resident status (Form I -829) between

    The EB-5 Program

  • 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 nancial 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

  • NO

    End of Application Process

    YES

    Make 2nd deposit of $520,000(5)

    TSG counsel will le 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 le 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)

  • 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 notication

    Once notication 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 3Petition ProcessingStage

    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

  • Conditional Permanent

    Resident Status Approved?

    Conditional Permanent

    Resident Status Approved?NO

    Appeal decision?

    YES

    Wait 21 months to reconrm 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 ofConditional Residential Status

    Green Card is granted(10)

    (10) Full Green Card is granted for indenite Permanent Resident Status and Work Permission in the United States. U.S. Citizenship is possible 5 years after

    The EB-5 Program

  • THE

    EB-5 PROGRAM

    FAQ

  • FAQ

    1. Must I have previous business experience or education?

    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 net worth and capital.

    2. Must I speak English?

    No.

    3. Must I be in good health?

    Yes / generally good health.

    4. What are the benets of the Green Card?

    Each person has his/her own reason for desiring permanent residency in the United States. Having a Green Cardprovides many benets that accomplish these goals:

    Legal permanent residents under the EB-5 Investor Program enjoy many of the same benets 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 family with a Green Card can enter the U.S. at any time and stay as long as he/she wises;

    Investors have constant and easy access to the U.S. for personal, trade and business purposes;

    Permanent residents travel to the U.S. without the need of a Visa;

    Investors may work, live, or own their own proprietary business anywhere in the U.S.;

    e U.S. has internationally recognized colleges and universities for basic education and graduate study. As a resident, the investor can benet from lower tuition costs;

    e cost of living in the U.S. is lower than most large industrial nations. Consumer goods, services, and housing are signicantly less expensive than comparable services and goods in most other countries;

    Students may work in the U.S. while they attend college and then continue to work aerward, enabling the student to pay part of his/her education and to work while completing graduate and postgraduate studies;

    e U.S. provides many nancial, social and education entitlements: public schools, health and medical attention, social security and education;

    e EB-5 Program

    The EB-5 Program

  • e Investor has the ability to bring other family members to the U.S. aer proper application and canobtain U.S. citizenship aer 5 years;

    e permanent residency requires no renewal or re-application. Other U.S. non-immigrant Visas, such as E-2and H may never result in permanent residency, have time limits, and require additional ling with the USCISor Department of State. Furthermore, U.S. Immigration Laws may change and prevent future approval whena renewal of Visa is required.

    5. What is meant by the requirement that the investors assets be lawfully gained?

    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, property sales, inheritance, gi, loan or other lawful means.

    6. Can money gied by a parent or other relative be used for an EB-5 Investment?

    Yes, provided that any applicable gi taxes are paid. It must be demonstrated that the gi is an actualarms-length transaction and is not a mere ruse that the gied funds will be given back aer permanent resident status is granted.

    7. What is the dierence between conditional and unconditional Green Cards?

    Under regulations, an investor who is approved for the EB-5 immigrant Visa receives a conditional Green Card, which must be reissued aer two years, subject to removal of conditions. Otherwise, the two cards oer the same rights and privileges.

    8. What is a conditional Green Card?

    A conditional Green Card is a temporary Green Card valid for two years. One year and nine months (21 months) aer 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 lied, full resident status is granted and a permanent Green Card is issued.

    9. If my I-526 petition is approved by USCIS, what is the purpose of the Consulate application and interview, and how soon do I get my Green Card?

    Upon approval of I-526 Petition, you must wait for notication from the U.S. Consulate in your home countryto prepare documents for the Visa interview. At the interview, the consulate ocer may address these issues andinformation printed on the I-526 application, including asking the investor to summarize the nature of his/herimmigrant investment. If the investor and his/her family are in the United States, then they may apply for Adjustment of Status by ling form I-485 and supporting documents. e application may be led at the appropriate oce of the USCIS.

    The EB-5 Program

  • 10. Can I apply for an EB-5 Visa if I have been rejected or terminated in the past by USCIS for anL-1, E-2, B, or other Visas?

    Rejection in the past does not disqualify the applicant, unless the reasons related to immigration fraud or othermajor problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to GCFRC and legal counsel in advance of application.

    11. Aer petition approval, can members of the family interview in dierent countries?

    Family members can interview in dierent countries. e country of origin or where the family has current tiesis the standard interview site. Oen one member of the family is located in another country, such as a studentattending school in the U.S. e student does not have to return to the country of origin and can adjust status inthe United States at the district oce of the USCIS.

    12. Who receives the permanent residency Green Card?

    Husband, wife and any unmarried children under the age of 21. It is possible for adopted children to be includedin the family. Upon approval you will receive a form evidencing approval and a travel document. You should alsoreceive a temporary Green Card in the mail.

    13. What issue causes the greatest problem when applying for an EB-5 Visa?

    e most common problem area has been insucient 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, USCIS case examiners require a well-documented source of funds.

    14. How long must I remain in the United States each year?

    Aer making the investment and electing to proceed with the Visa request, you must enter the United Stateswithin 180 days of Visa issuance from the Consulate. As a permanent resident, you are required to live in the U.S. for more than 180 days each year. But, once you become a citizen, residency requirements no longer apply.

    15. What is the dierence between permanent residency and citizenship?

    Once you obtain a Green Card, and become a legal permanent resident, you have most of the rights and obligations of U.S. citizens, except that you cannot vote and are not entitled to say Federal jobs and positions. Your Green Card is your most important travel and identication document. When your Green Card arrives, please look at it carefully. You may need to extend it in 10 years. If you replace it before then because it is lost, stolen, or duplicated, you may le a form with the INS. One of the most important rights legal permanent residents possess is the right to obtain U.S. citizenship aer ve (5) years. ere are two ways to become a U.S. citizen. One is by being born in the U.S. e other 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, an individual is entitled to benets including the right to vote and hold public oce.

    The EB-5 Program

  • 16. Can my Green Card be taken away from me?

    Once you receive a Green Card, there are only two conditions required to keep it for life. First, you must notbecome removable or inadmissible; the most common way of doing this is to be convicted of a serious crime.e second requirement is that you not abandon the United States as your permanent residence.

    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 resident status. However, you may no longer use your Green Card as a U.S. entry document. You must either apply 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. I have a Green Card and plan on traveling out of the U.S. for a long time. Can I keep my Green Card?

    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, if you give up your U.S. residency, you will lose your Green Card.

    18. I need to travel out of the U.S. for more than a year. Is there nothing I can do?

    You can apply for a reentry permit (on form I-131) before you leave the U.S. You can depart before the reentrypermit is approved. With such a reentry permit, you can return to the U.S. even aer 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, but subsequent ones may only be approved for one year at a time.

    19. For how long is a Green Card valid?

    ere are several answers to this question.

    If you received your Green Card through marriage, and have not been married for two years, you should have aconditional Green Card that is good for two years. Also, if you received your Green Card through investment(EB-5), you should have a conditional Green Card for two years.

    You must apply for removal of the conditional status within 90 days before the end of the initial two years. Oncethat is approved, you have a regular unconditional Green Card. If you apply either too early or too late, you will have a problem and should consult an immigration attorney for advice.

    If you do not have the conditional status removed, the Green Card will become invalid at the end of two years,and your permanent resident status will be terminated.

    Unconditional Green Cards are good for ten years. is does not mean that aer ten years, you stop being alegal permanent resident only the card itself becomes invalid. You must apply for a new one using form I-90.Without a current Green Card, you cannot use it to travel out of the U.S. or use the Green Card as evidence thatyou are permitted to work.

    The EB-5 Program

  • 20. Are any countries excluded from eligibility for the EB-5 Visa program?

    Residents of only a few countries are excluded (e.g. Iran and Iraq). In most cases, however, if the applicant is ableto leave the excluded country and has the necessary capital to qualify under the program, legal counsel will beable to help the applicant qualify for the Visa approval.

    21. What is an escrow (trust) account, and when does the investor transfer the money to this account?

    An Escrow Bank Account (Trust) is a legal, interest-bearing account established in a bank to hold the initialdeposit 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 aliate, 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 protect the investor.

    22. How does the bank escrow (trust) account protect me against the risk of losing my money?

    e minimum required capital contribution from the investor is placed in a legal, interest-bearing escrow (trust)bank account. When an escrow (trust) bank account is established, the funds continue to belong to the investor;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. Can I apply if I am currently out-of-status (i.e., I live in the United States, but do not have a current Visa)?

    Out-of-status nationals are no longer permitted to apply for permanent residency from within the United States.ey must rst return to their country of origin and apply through the United States Embassy there. Examples ofout-of-status individuals are students, tourists and E-2 treaty investors who no longer have valid Visas becausethey remained in the United States aer their Visas expired or were revoked. Use extreme caution.

    24. What is a designated Regional Center?

    A Regional Center Is an entity, organization or agency that has been approved as such by the U.S. Citizenshipand Immigration Services;

    Focuses on a specic geographic area within the United States; and

    Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

    25. What is a Targeted Employment Area (TEA)?

    Targeted Employment Area is dened in Title 8 C.F.R. 204.6 as an area that, at the time of investment, is either a Rural Area or an area which has experienced unemployment of at least 150 percent of the national average rate.

    The EB-5 Program

  • A Rural Area is dened as any area not within either a metropolitan statistical area (as designated by the Oceof Management and Budget) or the outer boundary of any city or town having a population of 20,000 or more.

    26. How many immigrant Visas are allotted for this classication?

    e EB-5 program allots 10,000 Visas per year for aliens and family members whose qualifying investmentsresult in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. 3,000 immigrant Visas are set aside for aliens who invest in designated regional centers. An additional 3,000 are available for those investing in regional centers located within a Targeted Employment Area (TEA).

    27. What is the history of the EB-5 Visa category?

    e EB-5 Visa category started in 1990. Regional Centers began in 1993. e State of Vermont Agency ofCommerce and Development formed its regional center in 1997. A ski resort was utilized as the initial businessmodel to justify and support the application for Regional Center Designation, which was duly approved by theImmigration and Naturalization Service (INS).

    During the mid 1990s several companies competed for investment capital from foreign investors through theEB-5 program. Most of the companies didnt oer sound investment opportunities, did not raise the full $1million investment capital and/or did not hire the required number of employees.

    INS wanted to stop these abuses of the program. Due to lawsuits, the EB-5 program was eectively placedon hold between 1998 and 2002. In 2002, Congress passed a new law to protect pre-1998 investors. Also, in acase commonly known as Chang, the 9th Circuit Court of Appeals ruled that INS may not apply its new rulesretroactively. 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 theyre 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 for three years, until September 30, 2012. It was then extended again for 3 more years.

    28. What are some of the benets of the EB-5 Visa program?

    Qualifying investors and their spouse and minor children (under 21) will be granted U.S. lawful permanent residency;

    No minimum requirements as to age, ability to speak English, employment experience, or education;

    Investor and family may live/work anywhere in the United States. Minor children may obtain employment, subject to age, state and governmental laws and regulations;

    Education benets including admission to universities at U.S. resident costs;

    Does not require immigrant investors to manage their investment daily. Aer ve years, the investor and his/ her family may obtain U.S. citizenship, subject to meeting all immigration requirements, as required by law.

    The EB-5 Program

  • 29. Is EB-5 a truly passive investment?

    EB-5 regulations require involvement in management or policy making. e regulations deem a limited liabilitycorporation, which is properly structured and conforms to the Corporations Act, as suciently engaged in theEB-5 enterprise.

    30. Where can I nd a copy of the relevant EB-5 law and regulations to review?

    Visit the Bureau of Citizenship and Immigrations Services website. A link to immigrant investment Visa information is available at: http://www.uscis.gov/portal/site/uscis

    31. I want to invest in the United States and get a Green Card. Is the EB-5 Visa suitable for me?

    e EB-5 Visa permits employment in the U.S. for the investor and his/her family. Quite simply, the EB-5 Visagives you the opportunity and exibility to do what you want in the United States.

    If you do not want to actively manage your business, you should consider an EB-5 regional center investment.

    The EB-5 Program

  • THE

    EB-5 PROGRAMPROGRAM INVESTOR QUESTIONNAIRE

  • 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

  • Childrens 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 briey 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 prot or earnings from

    a business, the prots or proceeds from the sale of real estate, or the prots or earnings from stock or other

    investments, inheritance, gifts or loans.

    Are you a business owner? If yes, explain:

    The EB-5 Program

  • 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

  • DATE OF ARRIVAL ______/______/________ TYPE OF VISA: _____________________________

    (MM) (DD) (YYYY)

    I94 # _______________________ CURRENT NONIMMIGRANT 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 NONIMMIGRANT 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

  • 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 APPLICANTS 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 dened 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

  • 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 specic 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

  • The information provided herein by the applicant is certied as accurate. The applicant acknowledges that

    he/she will be required to support the information with veriable documents prior to the submission of the EB5

    application and will also be required to submit the same documentation for analysis and verication 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

  • 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 certicates

    3. Marriage certicate

    4. Prior divorce, annulment or death certicate 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

  • 7 8 9 10 11 12

    2 3 4 5 61

    TSG DistressedAssets 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

  • Contact Information:

    Alberto Galante / Managing Director EB-5 Division

    +1 305 438 1259

    [email protected]

    Two NE 40 Street, Suite 204 | Miami, Florida 33137

    www.thesolutiongroup.net

    THE

    EB-5 PROGRAM

    Page 1Page 2Page 3Page 4Page 5Page 6Page 7Page 8Page 9Page 10Page 11Page 12Page 13Page 14Page 15Page 16Page 17Page 18Page 19Page 20Page 21Page 22Page 23Page 24Page 25Page 26Page 27Page 28Page 29Page 30