THE
EB-5 PROGRAM
INDEX 1 2 3 4 5 6 7 8
Overview Bene ts Eligibility & Requirements Stages of the EB-5 Process Diagrams of the EB-5 Process FAQ Questionaire TSG EB-5 Investment Structure
The EB-5 Program
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
BeneďŹ ts 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 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
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 investor 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 documentation and the application process will be filed by TSG Legal Counsel, unless otherwise requested by the investor. 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
Stage 3: Conditional Residency Step 6. Once issued conditional permanent resident status, the investor needs to wait 21 months to reconďŹ rm 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 Step 7. The investor will be able to ďŹ le an application to remove the conditional resident status (Form I -829) between 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 indeďŹ nite 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.
The EB-5 Program
Stage 1 Registration & Reservation Stage
START
Register on www.thesolutiongroup.net or call one of our IRDs(1)
Complete Level 1 Questionnaire + Investor Accreditation Form
NO
Level 1 Questionnaire Approved?
YES
Receive the Investor Brochure + Level II Questionnaire(2)
End of Application Process
Complete Level II Questionnaire (return to TSG) + Make an initial refundable deposit of $20,000(3)
Complete Reservation Agreement + Escrow Agreement
Proceed to Stage 2
(1) Investor Relations Directors. (2) Will be sent to accredited investor to review and investigate the ďŹ 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.
The EB-5 Program
Stage 2 Subscription & Preparation Stage NO
Stage 1 is complete?(4)
YES
Make 2nd deposit of $520,000(5) End of Application Process
TSG counsel will ďŹ 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 ďŹ le I-526 Petition for Alien Entrepreneur with USCIS(8)
Proceed to Stage 3
(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.
The EB-5 Program
Stage 3 Petition Processing Stage NO
NO
End of Application Process
Petition Approved?
Appeal decision?
YES
YES
Prepare and submit response to Address the grounds for denial
NO
Investor is in the U.S.?
National Visa Center will Send Investor notiďŹ cation
YES
File application for adjustment of status
Once notiďŹ cation received, prepare documents for Immigrant Visa interview(9)
Attend Interview at the U.S. Consulate or Embassy in home country(9)
Proceed to Stage 4
(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 criminal past, infectious diseases, or other grounds for exclusion by law.
The EB-5 Program
Stage 4 Removal of Conditional Residential Status NO
Conditional Permanent Resident Status Approved?
NO
Appeal decision?
YES
YES
Prepare and submit response to address the grounds for denial End of Application Process
Wait 21 months to reconďŹ rm 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
Conditional Permanent Resident Status Approved?
YES
Continue waiting for removal of Conditional Resident Status Green Card is granted(10)
End
(10) Full Green Card is granted for indeďŹ nite Permanent Resident Status and Work Permission in the United States. U.S. Citizenship is possible 5 years after Conditional Residency is approved; upon satisfaction of residence and other criteria.
The EB-5 Program
THE
EB-5 PROGRAM FAQ
FAQ e EB-5 Program 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 bene ts of the Green Card? Each person has his/her own reason for desiring permanent residency in the United States. Having a Green Card provides many bene ts that accomplish these goals: 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 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 bene t 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 signi cantly 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 a erward, 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; The EB-5 Program
e Investor has the ability to bring other family members to the U.S. a er proper application and can obtain U.S. citizenship a er 5 years; e permanent residency requires no renewal or re-application. Other U.S. non-immigrant Visas, such as E-2 and H may never result in permanent residency, have time limits, and require additional ling with the USCIS or Department of State. Furthermore, U.S. Immigration Laws may change and prevent future approval when a renewal of Visa is required. 5. What is meant by the requirement that the investor s 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 gi ed 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 actual arms-length transaction and is not a mere ruse that the gi ed funds will be given back a er permanent resident status is granted. 7. What is the di erence 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 a er two years, subject to removal of conditions. Otherwise, the two cards o er 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) 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 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 noti cation from the U.S. Consulate in your home country to prepare documents for the Visa interview. At the interview, the consulate o cer may address these issues and information printed on the I-526 application, including asking the investor to summarize the nature of his/her immigrant 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 o ce 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 an L-1, E-2, B, or other Visas? Rejection in the past does not disqualify the applicant, unless the reasons related to immigration fraud or other major 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. A er petition approval, can members of the family interview in di erent countries? Family members can interview in di erent countries. e country of origin or where the family has current ties is the standard interview site. O en one member of the family is located in another country, such as a student attending school in the U.S. e student does not have to return to the country of origin and can adjust status in the United States at the district o ce 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 included in the family. Upon approval you will receive a form evidencing approval and a travel document. You should also receive 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 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, USCIS case examiners require a well-documented source of funds. 14. How long must I remain in the United States each year? A er making the investment and electing to proceed with the Visa request, you must enter the United States within 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 di erence 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 identi cation 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 a er 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 bene ts including the right to vote and hold public o ce.
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 not become 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 reentry permit is approved. With such a reentry permit, you can return to the U.S. even a er one year until the reentry permit s 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 a conditional 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. Once that 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 a er ten years, you stop being a legal 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 that you 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 able to leave the excluded country and has the necessary capital to qualify under the program, legal counsel will be able 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 initial 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 investor s funds at a leading bank in the United States. Under the agreements entered into with the servicing a liate, the investor s 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 of out-of-status individuals are students, tourists and E-2 treaty investors who no longer have valid Visas because they remained in the United States a er 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. Citizenship and Immigration Services; Focuses on a speci c 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 de ned in Title 8 C.F.R. ยง 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 de ned as any area not within either a metropolitan statistical area (as designated by the O ce of 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 classi cation? e EB-5 program allots 10,000 Visas per year for aliens and family members whose qualifying investments result 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 of Commerce and Development formed its regional center in 1997. A ski resort was utilized as the initial business model to justify and support the application for Regional Center Designation, which was duly approved by the Immigration and Naturalization Service (INS). During the mid 1990s several companies competed for investment capital from foreign investors through the EB-5 program. Most of the companies didn t o er sound investment opportunities, did not raise the full $1 million 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 e ectively placed on hold between 1998 and 2002. In 2002, Congress passed a new law to protect pre-1998 investors. Also, in a case commonly known as Chang, the 9th Circuit Court of Appeals ruled that INS may not apply its new rules 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 for three years, until September 30, 2012. It was then extended again for 3 more years. 28. What are some of the bene ts 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 bene ts including admission to universities at U.S. resident costs; Does not require immigrant investors to manage their investment daily. A er 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 liability corporation, which is properly structured and conforms to the Corporations Act, as su ciently engaged in the EB-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 Visa gives 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 PROGRAM PROGRAM INVESTOR QUESTIONNAIRE
EB5 Program Investor Questionnaire Please answer all of the questions. Please enter N/A if the question is non-applicable. 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: The EB-5 Program
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
PRIMARY APPLICANT INFORMATION
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)
The EB-5 Program
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
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
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 speciямБc 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 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
Checklist of Pertinent Documents
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)
The EB-5 Program
EB-5 Applicant (Investor) 1
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TSG Distressed Assets Funding LTD (TDA)
1. Subscription agreement (Between investor & TDA) 2. Limited partnership agreement (Between Investor & TDA) 3. Escrow Agreement
Loan 5% Annual Interest A. Promissary note and security agreement (Between TSGC and TDA)
TSG Capital Group (TSGC)
B. Membership interest pledge agreement (Between TSGC and TDA)
The EB-5 Program
THE
EB-5 PROGRAM 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