Professional Documents
Culture Documents
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
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.
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.
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 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 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.
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
Step 7. The investor will be able to 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 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.
Stage 1
Registration &
Reservation Stage
START
Register on www.thesolutiongroup.net
or call one of our IRDs(1)
NO
YES
Proceed to Stage 2
Stage 2
Subscription &
Preparation Stage
NO
Stage 1 is complete?(4)
YES
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.
Stage 3
Petition Processing
Stage
NO
NO
End of
Application Process
Petition Approved?
Appeal decision?
YES
YES
NO
YES
File application
for adjustment of status
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.
Stage 4
Removal of
Conditional
Residential
Status
NO
Conditional Permanent
Resident Status Approved?
NO
Appeal decision?
YES
YES
NO
Conditional Permanent
Resident Status Approved?
YES
End
(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
Conditional Residency is approved; upon satisfaction of residence and other criteria.
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.
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.
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. 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
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
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.
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
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)
EB-5 Applicant
(Investor)
1
10 11 12
TSG Distressed
Assets Funding LTD
(TDA)
1. Subscription agreement
(Between investor & TDA)
2. Limited partnership agreement
(Between Investor & TDA)
3. Escrow Agreement
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