ashm;1tun. dc 20'i29 u.s. citizenship and immigration services · project: four seasons resort &...

December 3, 2015

John Chen Southern California EB-5 Regional Center, LLC 1 0 2 9 5 Century Woods Dr. Los Angeles, CA 90067

U.S. llepartment of Homeland Securit~ l!.\. CJtiJ.

Southern California EB-5 Regional Center, LLC IDI424751876

RCW1424751876

Page 2

B. Industry Categories 1

III. Job Creation

users approves the geographic area and industry categories noted above based on the economic impact analysis presented and reviewed in conjunction with the adjudication of this regional center proposal.

This hypothetical project does not have the factual details necessary to be in compliance with the requirements described in Matter of Ho, 2 2 I&N Dec. 206 (Assoc. Comm'r 1998), and therefore, USCJS's approval of the hypothetical job creation estimates presented in the Form I-924 will not be accorded deference and may not be relied upon by an individual investor when filing the Form I-526. The business plan and job creation estimates will receive a de novo review by users when an individual investor files Form I-526. Qnce an actual project is adjudicated upon the filing of the initial Form I-526, USCIS will give deference to subsequent Forms I-526 when the critical assumptions remain materially unchanged from the initially-approved Form I-526.

When filing Form I-526, it will be the responsibility of the individual investor to submit a comprehensive, detailed and credible business plan, showing by a preponderance of the evidence that his or her investment in the new commercial enterprise will create not fewer than I 0 full-time positions. If prior to filing a form I -8 2 9, the job creation estimated in the business plan submitted by the individual investor materially changes or will not be realized, then it will be the responsibility of the EB-5 investor to notify USCIS of an agreed upon methodology to allocate job creation among eligible investors.

IV. Guidelines for Filing Form I-526 Petitions

Each individual petition, in order to demonstrate that it is affiliated with the Southern California EB-5 Regional Center, LLC, in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain the following:

1. A copy of this regional center approval notice and designation letter including all subsequent

amendment approval letters (if applicable).

2. An economic impact analysis which reflects a job creation methodology required at 8 CFR § 204.6

(j) ( 4) (iii) and shows how the capital investment by an individual immigrant investor will create not fewer than ten (10) indirect jobs for each immigrant investor.

I users issued a Policy Memorandum (PM-602-0083) on the subject of "EB-5 Adjudication Policy," dated May 30, 2013, stating that formal amendments to the regional center designation are no longer required when a regional center changes its industries of focus or geographic boundaries. A regional center may still elect to pursue a form.1l amendment by filing Form 1-924 if it seeks certainty in advance that changes in the industries or the geographic area will be permissible prior to filing Form I-526 petitions.

2

Southern California EB-5 Regional Center, LLC ID!424751876

RCW1424751876

Page 3

3. A comprehensive, detailed and credible business plan for an actual project that contains the factual

details necessary to be in compliance with the requirements described in Matter ofHo, 22 I&N

Dec. 206 (Assoc. Comm'r 1998).

4. Legally executed organizational documents of the commercial enterprise.

Note: The project reviewed with this Form I-924 application is a hypothetical project. Organizational and transactional documents associated with the new commercial enterprise (NCE) submitted with this Form I-924 have not been reviewed to determine compliance with program requirements since these documents will receive de novo review in subsequent filings (e.g., an amended Form I-924 application with a Form I-526 exemplar or the first Form I-526 petition filed by an investor under the regional center project).

V. Designee's Responsibilities in the Operations of the Regional Center

As provided in 8 CFR § 204.6 (m)(6), to ensure that the regional center continues to meet the requirements of section 61 O(a) of the Appropriations Act, a regional center must provide USCIS with updated information to demonstrate the regional center is continuing to promote economic growth, improved regional productivity, job creation, and increased domestic capital investment in the approved geographic area. Such information must be submitted to USCIS on an annual basis or as otherwise requested by USC IS. The applicant must monitor all investment activities under the sponsorship of the regional center and to maintain records in order to provide the information required on the Form I-924A Supplement to Form I-924. Form I-924A, Supplement to Form I-924 Application is available in the "Forms" section on the USCIS website at www.uscis.gov.

Regional centers that remain designated for participation in the Immigrant Investor Program as of September 30'11 of a calendar year are required to file Form I-924A Supplement in that year. The Form I-924A Supplement with the required supporting documentation must be filed on or before December 2 9'h of the same calendar year.

The failure to timely file a Form I-924A Supplement for each fiscal year in which the regional center has been designated for participation in the Immigrant Investor Program will result in the issuance of an intent to terminate the participation of the regional center in the Immigrant Investor Program, which may ultimately result in the termination of the designation of the regional center.

The regional center designation is non-transferable.

VI. Lef:al Notice

This approval and designation of a Regional Center under the Immigrant Investor Program does not constitute or imply an endorsement or recommendation by USCIS, the United States Government or any instrumentality thereof, of the investment opportunities, projects or other business activities related to or undertaken by such Regional Center. Except as expressly set forth in this approval and designation, USCIS has not reviewed any information provided in connection with or otherwise related to the Regional Center for compliance with relevant securities laws or any other laws unrelated to eligibility for designation as a Regional Center. Accordingly USCIS makes no determination or representation whatsoever regarding the compliance of either the Regional Center or associated New Commercial Enterprises with such laws.

Each Regional Center designated by USCIS must monitor and oversee all investment offerings and activil:ies associated with, through or under the sponsorship of the Regional Center. The failure of an associated New Commercial Enterprise to comply with all laws and regulations related to such investment offerings and

3

Southern California EB-5 Regional Center, LLC ID1424751876

RCW 1424751876

Page 4

activities may result in the issuance by USCIS of a notice of intent to terminate the Regional Center designation.

If the applicant has any questions concerning the regional center designation under the Immigrant Investor Program, please contact the USCIS by email at l!JiQ;;J.lllll.U!IiillllQ.\::fB'QITim;I.i!!llJ!W~:..illl~ill::·

Sincerely,

(LYJV> ~ Nicholas Colucci Chief, Immigrant Investor Program

cc: William Sun Hong Veris LLP

P.O. Box 305 La Mirada, CA 90637

4

December 2, 2015

Marcello J. Perna EB5 West LLC 5285 Meadows Road, Suite I 00 Lake Oswego, OR 97035

lJ.S. Department of Hnrneland Security li.S. Citizenship and Immigration Scrvit:t:s fnmll[:rmlf Investor Program Office 131 1\1 Street NE Washington. Dl' 20529

U.S. Citizenship and Immigration Services

RE: Reaffirmation of Regional Center Designation RC ID#: I 2 I 0850644

DECISION

This notice is in reference to the regional center designation of EB5 West LLC ("the Regional Center"), which was initially issued by U.S. Citizenship and Immigration Services ("USCIS") on May 29, 2013. Upon designation, USCIS authorized the regional center's participation in the Immigrant Investor Program (the "Program") pursuant to section 610 of the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act, 1993, Pub. L. I 02-395, as amended ("Public Law I 02-395"). 1

Pursuant to 8 C.F.R. § 204.6(m)(6), regional centers must demonstrate continued eligibility for regional center designation and are required to file Form I-924A, Supplement to Form 1-924 ("Form I-924A") on an annual basis.

On July 7, 2015, USCIS notified the Regional Center of its intent, pursuant to 8 C.F.R. § 204.6(m)(6), to terminate its participation as a regional center in the Program for failure to continue to promote economic growth (including increased export sales, improved regional productivity, job creation, and increased domestic capital investment). The Notice of Intent to Terminate ("NOIT'') provided the Regional Center an opportunity to offer evidence in opposition to the grounds stated in the NOIT.

On August 6, 2015, in response to the NO IT, the Regional Center submitted evidence to USC IS of its various efforts to promote economic growth. After considering the evidence, USCIS reaffirms the existing regional center designation for the Regional Center.

Sincerely,

Nicholas Colucci Chief Immigrant Investor Program Office

1 On September 28, 2012, President Obama signed into law Senate billS. 3245, which amended section 610 of Public Law 10 2-395. S. 3245 struck the word "pilot" from section 610 of Public Law 102-395 and extended the Immigrant Investor Program until September 30, 2015.

\vww.dhs.gov

5

cc: Robert W. Donaldson Black Helterline LLP 805 SW Broadway, Suite 1900 Portland, OR 97205

wv.tw.dhs.gov

6

November 24, 2015

Kevin Stamper C/0 Chicago First Regional Center 800 Fifth Avenue, Suite 4120 Seattle, W A 98104

li.S. Department of Homeland Security IJ.".. Cttizcnshlp imd lmrmgn111011 Sen 1,.

Chicago First Regional Center, Inc. ID1508452633 RCW1508452633 Page 2

A. Geographic Area

State Counties Illinois Cook DuPage I Grundy

Kendall McHenry I Will

B. Industry Categoriesl

722 Food Services and Drinkin Places

III. Job Creation

USCIS approves the geographic area and industry categories noted above based on the economic impact analysis presented and reviewed in conjunction with the adjudication of this regional center proposal.

This hypothetical project does not have the factual details necessary to be in compliance with the requirements described in Matter ofHo, 22 I&N Dec. 206 (Assoc. Comm'r 1998), and therefore, US CIS's approval of the hypothetical job creation estimates presented in the Form 1·924 will not be accorded deference and may not be relied upon by an individual investor when filing the Form 1·526. The business plan and job creation estimates will receive a de novo review by USCIS when an individual investor files Form 1·526. Once an actual project is adjudicated upon the filing of the initial Form 1·526, USCIS will give deference to subsequent Forms 1·526 when the critical assumptions remain materially unchanged from the initially-approved Form 1·526.

When filing Form I ·526, it will be the responsibility of the individual investor to submit a comprehensive, detailed and credible business plan, showing by a preponderance of the evidence that his or her investment in the new commercial enterprise will create not fewer than 10 full-time positions. If prior to filing a form I-829, the job creation estimated in the business plan submitted by the individual investor materially changes or will not be realized, then it will be the responsibility of the EB-5 investor to notifY USCIS of an agreed upon methodology to allocate job creation among eligible investors.

I users issued a Policy Memorandum (PM-602·0083) on the subject of"EB-5 Adjudication Policy," dated May 30, 2013, stating that formal amendments to the regional center designation are no longer required when a regional center changes its industries offocus or geographic boundaries. A regional center may still elect to pursue a formal amendment by filing Form I ·924 if it seeks certainty in advance that changes in the industries or the geographic area will be permissible prior to filing Form I-526 petitions.

8


IV. Guidelines for Filing Form 1·526 Petitions

Each individual petition, in order to demonstrate that it is affiliated with the Chicago First Regional Center, Inc., in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain the following:

1. A copy of this regional center approval notice and designation letter including alll subsequent amendment approval letters (if applicable).

2. An economic impact analysis which reflects a job creation methodology required at 8 CFR § 204.6 G)(4)(iii) and shows how the capital investment by an individual immigrant investor will create not fewer than ten (10) indirect jobs for each immigrant investor.

3. A comprehensive, detailed and credible business plan for an actual project that contains the factual details necessary to be in compliance with the requirements described in Matter of Ho, 22 I&N Dec. 206 (Assoc. Comm'r 1998).




As provided in 8 CFR § 204.6 (m)(6), to ensure that the regional center continues to meet the requirements of section 610(a) of the Appropriations Act, a regional center must provide USCIS with updated information to demonstrate the regional center is continuing to promote economic growth, improved regional productivity, job creation, and increased domestic capital investment in the approved geographic area. Such information must be submitted to USCIS on an annual basis or as otherwise requested by USCIS. The applicant must monitor all investment activities under the sponsorship of the regional center and to maintain records in order to provide the information required on the Form I·924A Supplement to Form I ·924. Form I ·924A, Supplement to Form I ·924 Application is available in the "Forms" section on the USCIS website at www.uscis.gov. Regional centers that remain designated for participation in the Immigrant Investor Program as of September 30th of a calendar year are required to file Form I ·924A Supplement in that year. The Form I·924A Supplement with the required supporting documentation must be filed on or before December 29th of the same calendar year.

The failure to timely file a Form I·924A Supplement for each fiscal year in which the regional center has been designated for participation in the Immigrant Investor Program

9


will result in the issuance of an intent to terminate the participation of the regional center in the Immigrant Investor Program, which may ultimately result in the termination of the designation of the regional center.


VI. Legal Notice


Each Regional Center designated by USCIS must monitor and oversee all investment offerings and activities associated with, through or under the sponsorship of the Regional Center. The failure of an associated New Commercial Enterprise to comply with all laws and regulations related to such investment offerings and activities may result in the issuance by US CIS of a notice of intent to terminate the Regional Center designation.

If the applicant has any questions concerning the regional center designation under the Immigrant Investor Program, please contact the USCIS by email at USCIS.ImmigrantlnvestorProgram~vuscis.dhs.gov.

Sincerely,

AAfJ~~ Nicholas Colucci Chief, Immigrant Investor Program

cc: Molly Wessel C/o Chen Lin and Wessel LLP 800 East Colorado Blvd, Ste. 890 Pasadena, CA 91101

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November 20, 2015

U.S. Department of Homeland Security l :.s. Ctttztnslltp and lmnugratton S~rVJCc'> limmgrant Investor l'rugmm 131 f\1 Str(l'L i\L rvts 2235 Washin!!.Wil. DC 2052()


Patrick Francis Hogan 7819 42nd Street West Rock Island, IL 61201

Application:

Regional Center:

Re:

Form 1·924, Application for Regional Center Under the Immigrant Investor Pilot Program

CMB Export LLC ID1031910156

Request to Amend Regional Center Designation Project: CMB Export Infrastructure Investment Group 31 LP RCW1433552004

This notice is in reference to the Form 1·924, Application for Regional Center Under the Immigrant Investor Pilot Program, that was filed by the applicant with the U.S. Citizenship and Immigration Services (USCIS) on December 1, 2014. The applicant filed the Form I ·924 to request approval of an amendment to a previously approved regional center designation under the Immigrant Investor Program. The Immigrant Investor Program was established under section 610 of the Department of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 1993 (Pub. L. 102·395, Oct. 6, 1992, 106 Stat. 1874).

In addition to the Form 1·924, the applicant submitted a completed exemplar Form 1·526, Immigrant Petition by Alien Entrepreneur, seeking USCIS review and approval of an actual project supported by a comprehensive business plan as contemplated in Matter of Ho, 22 I. & N. Dec. 206 (Assoc. Comm'r 1998).

I. Executive Summarv of Adjudication

Effective the date of this notice, US CIS approves the CMB Export Infrastructure Investment Group 31 LP project based on the evidence submitted with the above referenced Form I·924 and exemplar Form I·526. The applicant has shown by a preponderance of the evidence that CMB Export Infrastructure Investment Group 31 LP will be a new commercial enterprise (NCE) and that the project is likely to result in the creation of at leastOobs. users will give deference to the applicant's estimates of actual job creation

(b)(4)

www.uscis.gov

11

CMB Export LLC ID1031910156 RCW1433552004 Page 2

and economic analysis, the business plan, and the organizational documents, offering memorandum, and investment agreements in subsequent related filings of any Form 1·1526 filed by an individual investor associated with the CMB Export Infrastructure Investment Group 31 LP project. Deference, however, will not apply if the underlying facts have materially changed, there is evidence of fraud or misrepresentation in the record of proceeding, or the previously favorable decision is determined to be legally deficient (involved an objective mistake of fact or law).

II. Procedural History

On August 15, 1997, USCIS approved CMB Export LLC for participation in the Immigrant Investor Program as a designated regional center. After subsequent amendments on April 2007, June 2010, May 2012, and July 2013, CMB Export LLC's approved geographical scope includes Nye County in Nevada and the entire State of California. CMB Export LLC now seeks to amend its previously approved regional center designation to include an actual project that will be managed by CMB Export Infrastructure Investment Group 31 LP, an NCE established on May 1, 2014.

III. The Proiect

Effective the date of this notice, USCIS approves the applicant's amendment request to include the following actual capital investment project supported by an exemplar Form I· 526:

Project TypeQfProject OtganizatiOn Documents Date of Document .·

CMB Export Construction and Business Plan 10/06/2014 Infrastructure development of Economic Analysis 09/03/2014 Investment residential and retail Confidential Private 07/02/2014 Group LP 31 complex Placement Memorandum LP Subscription Agreement 07/02/2014

Investment: Limited Partnership 07/02/2014 Geographic Loan and equity Agreement Location: 1531 North St., Amendments to Limited 09/03/2014 Sacramento, Partnership Agreement CA and Confidential Private

Placement Memorandum Exemplar of Form I-526

Note: If material changes to this project and its supporting documents are found in a subsequent Form I-526 petition or Form I-829, Petition by Entrepreneur to Remove Conditions, US CIS will review the supporting documents once more to ensure continued compliance with EB-5 program requirements.

12

(b)(4)


The requested amendment identifies the NCE of the proposed project as CMB Export Infrastructure Investment Group LP 31 LP, which was formed in the State of Delaware on May 1, 2014. The CMB Export Infrastructure Investment Group LP 31 project is located within a targeted employment area (TEA) in the City of Sacramento, California. ApproximatelyQB·5 investors will subscribe to theNCE as limited partners in exchange for capital contributions of I leach and an aggregate ofl I

IV. Job Creation

The job creation methodology presented in the economic impact analysis and underlyin~: business plan is found to be reasonable based on the following inputs, when applying the RIMS II economic model:

NAICS 1 ludustry Name Input / Mhl.t:iplier /Jobs ($Mil!iQns) 23 Construction

-·•••••w•••••·--•

54 Professional, Scientific, and Technical Services

Total Jobs: *Indirect jobs

-

-

The approval of this Form 1·924 application, supported by the exemplar Form 1·526 petition, is based upon the assumptions and estimates used as inputs in the business plan for job creation. Please refer to the input and multiplier analysis table above.

The economic analysis accurately portrays the assumptions stated in the business plan, and the calculations using RIMS II multipliers are verifiable. The applicant has shown by a preponderance of the evidence that the project is expected to result in the creation of

1 These industry codes are used for informational purposes in estimating job creation and do not limit the economic or job creating activity of an approved regional center or its investors. Jobs created in industries not previously identified in the economic methodology may still be credited to the investors in subsequent Form I ·526 and Form I ·829 filings, as long as the evidence in the record establishes that it is probably true that the requisite jobs are estimated to be created, or have be1m created, in those additional industries.

(b)(4)

13

eMB Export LLe ID1031910156 ReW1433552004 Page 4 (b)(4)

approximatel~indirect jobs in construction and professional, scientific, and technical services activities associated with the eMB Export Infrastructure Investment Group 31 LP project.

USeiS will give deference to the job creation methodology when adjudicating Forms I-526 and I-829 associated with eMB Export Infrastructure Investment Group 31 LP. Deference, however, will not apply if the underlying facts have materially changed, there is evidence of fraud or misrepresentation in the record of proceeding, or the previously favorable decision is determined to be legally deficient (involved an objective mistake of fact or law).

It will be the responsibility of the individual investor to demonstrate that the assumptions and estimates presented as inputs to the job creation methodology remain materially unchanged when he or she files a Form I-526. When filing Form I-829 for removal of conditional status, the individual investor has the burden of demonstrating that the assumptions and estimates presented as inputs to the job creation methodology have not materially changed and have been realized (or can be expected to be realized within a reasonable time). If the assumptions and estimates presented as inputs to the job creation methodology have materially changed, an updated business plan and economic analysis may need to be submitted to establish eligibility.

If the job creation estimated in the business plan and economic analysis will not be realized, then it will be the responsibility of the EB-5 investor to notify users of an agreed upon methodology to allocate job creation among eligible investors.

V. Guidelines for Filing Form I ·526 Petitions based on the CMB Exoort Infrastructure Investment Group 31 LP proiect

Each individual petition, in order to demonstrate that it is affiliated with the eMB Export LLe, in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain the following:

1. A copy of this regional center approval notice and designation letter including all subsequent amendment approval letters (if applicable).

2. An economic impact analysis which reflects a job creation methodology required at 8 eFR § 204.6G)(4)(iii) and shows how the capital investment by the individual immigrant investor will more likely than not create ten (10) jobs.

3. A comprehensive, detailed and credible business plan for an actual project that contains the factual details necessary to be in compliance with the requirements described in Matter of Ho.

4. Legally executed organizational documents of the commercial enterprise. The documents may be the same documents noted in Section III of this approval notice.

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CMB Export LLC ID1031910156 RCW 1433552004 Page 5

5. If the project time line has changed significantly from the original business plan, a narrative that explains the changes in the project timeline, along with a timeline that realistically reflects the status of the project should be submitted.

VI. Designee's Responsibilities in the Operations of the Regional Center

As provided in 8 CFR § 204.6(m)(6), to ensure that the regional center continues to meet the requirements of section 610(a) of the Appropriations Act, a regional center must provide USCIS with updated information to demonstrate the regional center is continuing to promote economic growth, improved regional productivity, job creation, and increased domestic capital investment in the approved geographic area. Such information must be submitted to USCIS on an annual basis or as otherwise requested by USCIS. The applicant must monitor all investment activities under the sponsorship of the regional center and to maintain records in order to provide the information required on the Form I -924A, Supplement to Form 1-924. Form I-924A is available in the "Forms" section on the USCIS website at www.uscis.gov.

Regional centers that remain designated for participation in the Immigrant Investor Program as of September 30th of a calendar year are required to file Form I-924A in that year. The Form I -924A with the required supporting documentation must be filed on or before December 29th of the same calendar year.

The failure to timely file a Form I-924A for each fiscal year in which the regional center has been designated for participation in the Immigrant Investor Program will result in the issuance of an intent to terminate the participation of the regional center in the Immigrant Investor Program, which may ultimately result in the termination of the designation of the regional center.


VII. Legal Notice

This approval and designation of a Regional Center under the Immigrant Investor Program does not constitute or imply an endorsement or recommendation by USCIS, the United States Government or any instrumentality thereof, of the investment opportunities, projects or other business activities related to or undertaken by such Regional Center. Except as expre'ssly set forth in this approval and designation, USCIS has not reviewed any information provided in connection with or otherwise related to the Regional Center for compliance with relevant securities laws or any other laws unrelated to eligibility for designation as a Regional Center. Accordingly USCIS makes no determination or representation whatsoever regarding the compliance of either the Regional Center or associated New Commercial Enterprises with such laws.

Each Regional Center designated by USCIS must monitor and oversee all investment offerings and activities associated with, through or under the sponsorship of the Regional Center. The failure of an associated New Commercial Enterprise to comply with all laws

15


and regulations related to such investment offerings and activities may result in the issuance by USCIS of a notice of intent to terminate the Regional Center designation.

If the applicant has any questions concerning the regional center designation under the Immigrant Investor Program, please contact USCIS by email at [email protected].

Sincerely,

fv:PJ~ ~ Nicholas Colucci Chief, Immigrant Investor Program

cc: Lincoln Stone, Esq. Elsie Arias Stone Grzegorek Gonzalez LLP 800 Wilshire Boulevard, Suite 900 Los Angeles, CA 90017

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Date: 11/20/2015

John Shen American Lending Center Illinois, LLC c/o 1 WorldTradeCenter,Suite 1180 Long Beach, CA 90831

lJ.S • .Department ofH.omcland Security tIS Cttt7l'llship and lmmtgratlun Scrvtcc5 lmnugrant Investor l'rogrmn 13 I M Strcd NE. \I ail stop 223~ \VashtnS!t\lll. DC 211529


Application: Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program

Applicant(s):

Re:

American Lending Center Illinois, LLC

Initial Regional Center Designation Limited Decision American Lending Center Illinois, LLC RCW1504452596 I ID1504452596

This notice of a limited decision is in reference to the Form I~924, Application for Regional Center Under the Immigrant Investor Pilot Program that was filed by the applicant with the U.S. Citizenship and Immigration Services ("USCIS") on 2/13/2015. The Form I-924 application was filed to request approval of initial regional center designation under the Immigrant Investor Program. The Immigrant Investor Program was established under § 61 0 of the Department of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 199 3 (Pub. L.. 102-39 5, Oct. 6, 1992, l 06 Stat. 18 7 4).

I. Executive Swnmary of Adjudication

Effective the date of this notice, USCIS approves, in a limited decision, the Form I-924 request to designate American Lending Center Illinois Regional Center, LLC as a qualifying participant in the Immigrant Investor Program.

II. Re2ionai Center Designation -limited Decision

The applicant submitted its Form I-924 requesting specific industry categories, geographic regions, and multiple hypothetical projects to be identified for the Regional Center's use.

Upon review of the record, USCIS has determined that not all of the requested geographic regions provided in the Form I-924 represent an appropriate application of a hypothetical project to support the industry categories, and/or geographic regions acceptable for use by the Regional Center.

www.usds.gov

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American Lending Center Illinois, LLC ID I 504452596 RCW1504452596 Page 2

As such, USCIS has concluded that a limited decision is necessary in this case. Therefore, all requested .. approved, and disallowed geographic regions have been identified below along with an opportunity to reopen.

A. Industry Categories and Geographic Regions Requested

The applicant has requested to focus, promote economic growth, and offer capital investment opportunities in the following geographic areas and industry categories:

1. Geographic Areas - Requested

State Counties Bond Boone Bureau Cass

Illinois Champaign Christian Clinton Coles

Cook De Witt DeKalb Douglas

DuPage Ford Fulton Greene

Grundy Henry Iroquois Jefferson

Kane Kankakee Kendall Knox

Lake LaSalle Logan Macon

Macoupin Madison Marion Marshall

Mason McDonough McHenry McLean

Menard Monroe Montgomery Morgan

Peoria Piatt Randolph Sangamon

Scott Shelby St. Clair Stark

Tazewell Vermillion Washington Will

Winnebago Woodford

2. Industry Categories- Requested

NAICS Name ·--·

>. T. 236200 . construction 423000 Merchant wholesalers, durable good 721100 Traveler accommodation 623300 Community care facilities for the elderly 624400 Child daycare services 611300 Colleges, universities, and professional schools 623100 Nursing care facilities

B. Approved Industry Categories and/ or Geographic Areas

The following industry categories and/ or geographic areas have been determined to represent an appropriate application of a hypothetical project to support the industry categories, and geographic regions acceptable for use by the Regional Center.

1. Geographic Areas - Approved

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American Lending Center Illinois, LLC IDl504452596 RCWl504452596

Page 3

State Counties Illinois Bureau

Grundy

Lake

2. Industry Categories- Approved

Cook

Kane

LaSalle

C. Disallowed Industry Categories and/ or Geographic Areas

DeKalb DuPage

Kankakee Kendall

McHenry Will

The following geographic areas have been disallowed because it has been determined that they do not represent an appropriate application of a hypothetical project to support the geographic regions acceptable for use by the Regional Center.

1. Geographic Areas - Disallowed

State Counties .. Bond Boone Cass Champaign

Illinois Christian Clinton Coles De Witt

Douglas Ford Fulton Greene

Henry Iroquois Jefferson Knox

Logan Macon Macoupin Madison

Marion Marshall Mason McDonough

McLean Menard Monroe Montgomery

Morgan Peoria Piatt Randolph

Sangamon Scott Shelby St. Clair

Stark Tazewell Vermillion Washington

Winnebago Woodford

2. Industry Categories- Disallowed

NAICS Industry Name 623300 Community care facilities for the elderly 624400 Child daycare services 611300 Colleges, universities, and professional schools 623100 Nursing care facilities

The original submission requested the entire State of Illinois, and a Request for Evidence response, received October 29, 2015 revised the request to 36 counties in Illinois.

Section 61 0 (a) of the Department of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 1993, as amended, provides in part: "A regional center shall have jurisdiction over a limited geographic area, which shall be described in the proposal and consistent with the purpose of

19

(b)(4)

American Lending Center Illinois, LLC ID1504452596 RCWI 504452596

Page 4

concentrating pooled investment in defined economic zones." Furthermore, pages 13-14 of USCIS Policy Memorandum 602-0083 suggests that the reasonableness of proposed regional center geographic boundaries may be demonstrated through evidence that the proposed area is contributing significantly to the supply chain, as well as the labor pool, of the proposed projects.

D. Conclusion - Decision to Disallow

Some aspects of the submitted proposal, as presently constituted, do not meet the regulatory requirements at 8 C.F.R. § 204.6. Therefore the request to grant the specific geographic areas listed above cannot be approved.

The decision to disallow the geographic areas identified above does not preclude the filing of Form I-52 6 petitions related to a subsequent project using the disallowed industry categories, geographic areas, and/ or hypothetical project(s). Any future petitions will be adjudicated on their own merit.

There is no appeal to this decision to disallow the specified industry categories and/ or geographic scope explained above. However, pursuant to 8 CPR 103.5, a motion can be filed on Form I-290B. Such motion must be accompanied by the proper fee and filed within 30 days of this notice.

Please note that if the I-924 applicant elects to timely file a motion with USCIS and if said motion is granted the application will be reopened and/ or reconsidered and a new decision rendered. If the applicant's proposal submitted in support of its motion meets the regulatory requirements at 8 C.P.R. § 204.6 the applicant will be accorded the geographic areas that meet EB-5 requirements. If no motion is filed within the time allowed this decision is final.

III. Job Creation

USCIS approves the geographic area and industry categories noted below based on the economic impact analysis presented and reviewed in conjunction with the adjudication of this regional center proposal. The approval of this Form I-924 application is based upon the economically and statistically valid assumptions and estimates provided in the business plan for job creation. Please refer to the input and multiplier analysis table above.

A hypothetical project does not have the factual details necessary to be in compliance with the requirements described in Matter ofHo, 22 I&N Dec. 206 (Assoc. Comm'r 1998). As such, USCIS's approval of any hypothetical job creation estimates presented in a Form I-924 is not accorded deference and may not be relied upon by an individual investor when filing the Form I-526. The business plan and job creation estimates will receive a de novo review by USCIS when an individual investor files Form I-526. Once an actual project is adjudicated upon the filing of the initial Form I-526, USCIS will give deference to subsequent Forms I-526 when the critical assumptions remain materially unchanged from the initially--

approved Form I-526.

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American Lending Center Illinois, LLC ID 1504452596 RCW1504452596

Page 5

When filing Form I-526, it will be the responsibility of the individual investor to submit a comprehensive, detailed and credible business plan, showing by a preponderance of the evidence that his or her investment in the new commercial enterprise will create not fewer than 10 full-time positions. If prior to filing a form I-829, the job creation estimated in the business plan submitted by the individual investor materially changes or will not be realized, then it will be the responsibility of the EB-5 investor to notify USCIS of an agreed upon methodology to allocate job creation among eligible investors.

IV. Guidelines for Filing Form 1-526 Petitions

Each individual petition, in order to demonstrate that it is affiliated with the American Lending Center Illinois Regional Center, LLC, in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain the following:

1. A copy of this regional center approval notice and designation letter including all subsequent

amendment approval letters (if applicable).

2. An economic impact analysis which reflects a job creation methodology required at 8 CFR § 204.6

(j) ( 4) (iii) and shows how the capital investment by an individual immigrant investor will create not fewer than ten ( 1 0) indirect jobs for each immigrant investor.

3. A comprehensive, detailed and credible business plan for an actual project that contains the factual

details necessary to be in compliance with the requirements described in Matter ofHo, 22 I&N

Dec. 206 (Assoc. Comm'r 1998).

4. Legally executed organizational and transactional documents of the commercial enterprise.


V. Designee's Responsibilities in the Operations of the Re~onal Center

As provided in 8 CFR § 204.6 (m)(6), to ensure that the regional center continues to meet the requirements of section 61 O(a) of the Appropriations Act, a regional center must provide USCIS with updated information to demonstrate the regional center is continuing to promote economic growth, improved regional productivity, job creation, and increased domestic capital investment in the approved geographic area. Such information must be submitted to USCIS on an annual basis or as otherwise requested by USCIS. The applicant must monitor all investment activities under the sponsorship of the regional center and to maintain records in order to provide the information required on the Form I-924A Supplement to Form I-924. Form I-924A, Supplement to Form 1-924 Application is available in the "Forms" section on the USCIS website at www.uscis.gov.

Regional centers that remain designated for participation in the Immigrant Investor Program as of September 30th of a calendar year are required to file Form I-924A Supplement in that year. The Form I-924A Supplement with the required supporting documentation must be filed on or before December 2.9 1h of the same calendar year.

21

American Lending Center Illinois, LLC ID1504452596 RCW1504452596

Page 6



VI. Legal Notice


Each Regional Center designated by USCIS must monitor and oversee all investment offerings and activities associated with, through or under the sponsorship of the Regional Center. The failure of an associated New Commercial Enterprise to comply with all laws and regulations related to such investment offerings and activities may result in the issuance by USCIS of a notice of intent to terminate the Regional Center designation.

If the applicant has any questions concerning the regional center designation under the Immigrant Investor Program, please contact the USCIS by email at USCIS.Inlmi.graminvestorProliramla)usci.s.dhs.gov.

Sincerely,

fv:RJV) ~ Nicholas Colucci Chief, Immigrant Investor Program

cc: Adrian Toh Law Office of Adrian Toh Esq PO Box 80006 San Marino, CA 91118

22

January 12, 2016

Bruce Gjovig

U.S. Department of Homeland Security U.\. Cntzenshtp and lmmtgmtton ServtC

North Dakota/Minnesota EB·5 Regional Center ID1031910017 RCW1427951900 Page 2

Industry Categories

NAICS Industry Name 23 Construction 32·33 Manufacturing 48·49 Transportation and Warehousing 62 Health Care and Social Assistance 72 Accommodation and Food Service 11 Agriculture, Forestry, Fishing & Hunting 31 Manufacturing 33312 Construction Machinery Manufacturing 333131 Mining Machinery Manufacturing 3364 Aerospace Products & Parts Manufacturing 51 Information 541711 Research and Development in Biotechnology 22112 Electric Power Transmission, Control and

Distribution 53 Real Estate

Approval Dat4~ 5/2/14 5/2/14 5/2/14 5/2/14 5/2/14 4/11/11 4/11/11 4/11/11 4/11111 4/11111 4/11111 4/11111 4/11/11

4/11111

An amendment request is required if investment opportunities arise that are outside the previously approved geographic area, industry categories, and capital investment projeets. If changes are found in subsequent Form 1·526 or Form 1·829 petitions, USCIS will review the new evidence to ensure compliance with EB·5 program requirements.

IlL Amendment Request!

Effective the date of this notice, USCIS approves the applicant's amendment request to incorporate the following changes:

A. Industry Categories

USCIS approves the applicant's amendment request to include the following industry categories:

NAICS Industry Name 423 Merchant Wholesalers, Durable Goods 5413 Architectural, Engineering and Related Services

1 USCIS issued a Policy Memorandum (PM-602-0083) on the subject of"EB-5 Adjudication Policy," dated May 30, 2013, stating that formal amendments to the regional center designation are no longer required when a regional center changes its industries of focus or geographic boundaries. A regional center may still elect to pursue a Ji)rmal amendment by filing Form 1-924 if it seeks certainty in advance that changes in the industries or the geographic area will be permissible prior to tiling Form 1-526 petitions.

24

North Dakota/Minnesota EB-5 Regional Center ID1031910017 RCW1427951900 Page 3

IV. Job Creation

USCIS approves the industry categories noted above based on the economic impact analysis presented and reviewed in conjunction with the adjudication of this regional center proposal.

This hypothetical project does not have the factual details necessary to be in compliance with the requirements described in Matter ofHo, 22 I&N Dec. 206 (Assoc. Comm'r 1998), and therefore, US CIS's approval of the hypothetical job creation estimates presented in the Form I ·924 will not be accorded deference and may not be relied upon by an individual investor when filing the Form I· 526. The business plan and job creation estimates will receive a de novo review by USCIS when an individual investor files Form 1·526. Once an actual project is adjudicated upon the filing of the initial Form 1·526, USCIS will give deference to subsequent Forms 1·526 when the critical assumptions remain materially unchanged from the initially-approved Form 1·526.

When filing Form 1·526, it will be the responsibility of the individual investor to submit a comprehensive, detailed and credible business plan, showing by a preponderance of the evidence that his or her investment in the new commercial enterprise will create not fewer than 10 full-time positions. If prior to filing a form 1·829, the job creation estimated in the business plan submitted by the individual investor materially changes or will not be realized, then it will be the responsibility of the EB-5 investor to notify US CIS of an agreed upon methodology to allocate job creation among eligible investors.

V. Guidelines for Filing Form 1·526 Petitions

Each individual petition, in order to demonstrate that it is affiliated with the North Dakota/Minnesota EB·5 Regional Center, in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain the following:


2. An economic impact analysis which reflects a job creation methodology required at 8 CFR § 204.6 G)(4)(iii) and shows how the capital investment by an individual immigrant investor will create not fewer than ten (10) indirect jobs for each immigrant investor.

3. A comprehensive, detailed and credible business plan for an actual project that contains the factual details necessary to be in compliance with the requirements described in Matter ofHo, 22 I&N Dec. 206 (Assoc. Comm'r 1998).


25

North Dakota/Minnesota EB-5 Regional Center ID1031910017 RCW1427951900 Page 4

Note: The project reviewed with this Form I-924 application is a hypothetical project. Organizational and transactional documents associated with the new commercial enterprise (NCE) submitted with this Form 1·924 have not been reviewed to determine compliance with program requirements since these documents will receive de novo review in subsequent filings (e.g., an amended Form I-924 application with a Form I-526 exemplar or the first Form I-526 petition filed by an investor under the regional center project).

VI. Legal Notice



If the applicant has any questions concerning the regional center designation under the Immigrant Investor Program, please contact the USCIS by email at USCIS.ImmigrantlnvestorPrograniil)uscis.dhs.gov.

Sincerely,

UJVJ~ Nicholas Colucci Chief, Immigrant Investor Program

26

October 26, 2015

Kirk Eicholtz

li.S. llepartment of flomela11d Security l'.~. C!lllenshlp ;mel Immigration ScniLTS Immigrant !nvcs10r Program 131 M Street, \iE. MailstlJp 22;5 Wa~hinE!ton, DC 20~2')


Florida Equity & Growth Fund 1110 North Florida Avenue, Suite 200 Tampa, FL 33602

Application:

Applicant(s):

Re:

Form I -924, Application for Regional Center under the Immigrant Investor Pilot Program

Florida Equity & Growth Fund ·Regional Center LLC

Request to Amend Regional Center Designation Florida Equity & Growth Fund Regional Center LLC RCW1418451799 I RC ID 1031910124

This notice is in reference to the Form I -924, Application for Regional Center Under the Immigrant Investor Pilot Program that was filed by the applicant with the U.S. Citizenship and Immigration Services ("USCIS") on May 30, 2014. The Form I-924 application was filed to request approval of an amendment to a previously approved regional center designation under the Immigrant Investor Program. The Immigrant Investor Program was established under§ 610 of the Department of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 1993 (Pub. L. 102-395, Oct. 6, 1992, 106 Stat. 1874).


A. Effective the date of this notice, US CIS approves the additional geographic area to include those areas listed in Section III of this notice.

II. Procedural Historv

On May 21, 2013, USCIS approved the Florida Equity & Growth Fund Regional Center LLC for participation in the Immigrant Investor Program as a designated regional center. Based on the initial designation the Florida Equity & Growth Fund Regional Center LLC obtained approval for the following geographic area and industry categories:

www.uscis.gov

27

Florida Equity & Growth Fund Regional Center LLC 1D1031910124 RCW1418451799 Page 2

Geographic Area State Counties Florida Alachua

Brevard Citrus DeSoto Flagler Hardee Hernando Highlands Hillsborough Lake Levv Manatee Marion Orange Osceola Pasco Pinellas Polk Putnam Sarasota Seminole Sumter Vol usia

Annroval Dau~ 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01109/2009 01/09/2009 01109/2009 01109/2009

An amendment request is required if investment opportunities arise that are outside the previously approved geographic area. If changes are found in subsequent Form 1·526 or Form 1·829 petitions, USC1S will review the new evidence to ensure compliance with EB-5 program requirements.

III. Amendment Reguestl

Effective the date of this notice, USC1S approves the applicant's amendment request to incorporate the following changes:

1 USCIS issued a Policy Memorandum (PM-602-0083) on the subject of"EB-5 Adjudication Policy,'' dated May 30. 2013, stating that formal amendments to the regional center designation are no longer required when a regional center changes its industries of focus or geographic boundaries. A regional center may still elect to pursue a tlxmal amendment by filing Form 1-924 if it seeks certainty in advance that changes in the industries or the geographic area will be permissible prior to filing Form 1-526 petitions.

28

Florida Equity & Growth Fund Regional Center LLC ID1031910124 RCW1418451799 Page 3

A. Geographic Area

USCIS approves the applicant's amendment request to include the following geographic: area:

I Counties

IV. Job Creation

USCIS approves the geographic area noted above based on the economic impact analysis presented and reviewed in conjunction with the adjudication of this regional center proposal.

This hypothetical project does not have the factual details necessary to be in compliance with the requirements described in Matter ofHo, 22 I&N Dec. 206 (Assoc. Comm'r 1998), and therefore, USCIS's approval of the hypothetical job creation estimates presented in the Form I-924 will not be accorded deference and may not be relied upon by an individual investor when filing the Form I· 526. The business plan and job creation estimates will receive a de novo review by USCIS when an individual investor files Form 1·526. Once an actual project is adjudicated upon the filing of the initial Form 1·526, USCIS will give deference to subsequent Forms I-526 when the critical assumptions remain materially unchanged from the initially-approved Form I-526.

When filing Form I· 526, it will be the responsibility of the individual investor to submit a comprehensive, detailed and credible business plan, showing by a preponderance of the evidence that his or her investment in the new commercial enterprise will create not fewer than 10 full·time positions. If prior to filing a form 1·829, the job creation estimated in the business plan submitted by the individual investor materially changes or will not be realized, then it will be the responsibility of the EB-5 investor to notify US CIS of an agreed upon methodology to allocate job creation among eligible investors.

V. Guidelines for Filing Form 1·526 Petitions

Each individual petition, in order to demonstrate that it is affiliated with the Florida Equity & Growth Fund Regional Center LLC, in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain the following:


2. An economic impact analysis which reflects a job creation methodology required at 8 CFR § 204.6 0)(4)(iii) and shows how the capital investment by an individual immigrant investor will create not fewer than ten (10) indirect jobs for each immigrant investor.

29





VI. Designee's Responsibilities in the Operations of the Regional Center

As provided in 8 CFR § 204.6 (m)(6), to ensure that the regional center continues to meet the requirements of section 610(a) of the Appropriations Act, a regional center must provide USCIS with updated information to demonstrate the regional center is continuing to promote economic growth, improved regional productivity, job creation, and increased domestic capital investment in the approved geographic area. Such information must be submitted to USCIS on an annual basis or as otherwise requested by USCIS. The applicant must monitor all investment activities under the sponsorship of the regional center and to maintain records in order to provide the information required on the Form I ·924A Supplement to Form I ·924. Form I ·924A, Supplement to Form I ·924 Application is available in the "Forms" section on the USCIS website at www.uscis.gov.

Regional centers that remain designated for participation in the Immigrant Investor Program as of September 30th of a calendar year are required to file Form I·924A Supplement in that year. The Form 1·924A Supplement with the required supporting documentation must be filed on or before December 29th of the same calendar year.

The failure to timely file a Form I·924A Supplement for each fiscal year in which the regional center has been designated for participation in the Immigrant Investor Program will result in the issuance of an intent to terminate the participation of the regional center in the Immigrant Investor Program, which may ultimately result in the termination of the designation of the regional center.


VII. Legal Notice

This approval and designation of a Regional Center under the Immigrant Investor Program does not constitute or imply an endorsement or recommendation by USCIS, the United States Government or any instrumentality thereof, of the investment opportunities, projects or other business activities related to or undertaken by such Regional Center. Except as expressly set forth in this approval and designation, USCIS has not reviewed any

30


information provided in connection with or otherwise related to the Regional Center for compliance with relevant securities laws or any other laws unrelated to eligibility for designation as a Regional Center. Accordingly USCIS makes no determination or representation whatsoever regarding the compliance of either the Regional Center or associated New Commercial Enterprises with such laws.


If the applicant has any questions concerning the regional center designation under the Immigrant Investor Program, please contact the USCIS by email at USCIS.ImmigrantlnvestorProgram0Juscis.dhs.gov.

Sincerely,

~JV)~ Nicholas Colucci Chief, Immigrant Investor Program

cc: Carolyn Lee PO Box 6435 Ithaca, NY 14851

31

November 16, 2015

Lucy Gao First American Regional Center 3218 E Holt Ave West Covina, CA 91791

U.S. Department of Homeland Security U.S. Ctttlenshtp and lmmtgralton Scrvtces hnnngranl lnvcs!or f'rogram 131 f\.1 Street, \E. Mail~top 2.~.l5 Wa;.hmL:ton. DC 20529


Application: Form 1·924, Application for Regional Center under the Immigrant Investor Pilot Program

Applicant(s):

Re:

First American Regional Center, LLC

Initial Regional Center Designation First American Regional Center, LLC RCW1505652611 I RC·ID1505652611

This notice is in reference to the Form 1·924, Application for Regional Center Under the Immigrant Investor Pilot Program that was filed by the applicant with the U.S. Citizenship and Immigration Services ("USCIS") on February 25, 2015. The Form 1·924 application was filed to request approval of initial regional center designation under the Immigrant Investor Program. The Immigrant Investor Program was established under§ 610 of the Department of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 1993 (Pub. L. 102·395, Oct. 6, 1992, 106 Stat. 1874).


Effective the date of this notice, US CIS approves the Form I -924 request to designate First American Regional Center, LLC ("F ARC") as a qualifYing participant in the Immigrant Investor Program.

II. Regional Center Designation

USCIS approves the applicant's request to focus, promote economic growth, and offer capital investment opportunities in the following geographic area and industry categories:

A. Geographic Area

State

California Los Angeles San Diego

Orange Counties

San Bernardino Riverside

www.uscis.gov

32

First American Regional Center, LLC RCW1505652611 I RC·ID1505652611 Page 2

B. Industry Categories1

Residential Building Construction Nonresidential Building Construction Furniture & Home Furnishing Merchant Wholesalers Lessors of Real Estate Architectural, Engineering & Related Services Traveler Accommodation Restaurants and Other Eating Places

III. Job Creation

2361 2362 4232 5311 5413 7211 7225


This hypothetical project does not have the factual details necessary to be in compliance with the requirements described in Matter ofHo, 22 r&N Dec. 206 (Assoc. Comm'r 1998), and therefore, userS's approval of the hypothetical job creation estimates presented in the Form I·924 will not be accorded deference and may not be relied upon by an individual investor when filing the Form I ·526. The business plan and job creation estimates will receive a de novo review by users when an individual investor files Form 1·526. Once an actual project is adjudicated upon the filing of the initial Form I ·526, users will give deference to subsequent Forms I ·526 when the critical assumptions remain materially unchanged from the initially·approved Form r-526.

When filing Form r-526, it will be the responsibility of the individual investor to submit a comprehensive, detailed and credible business plan, showing by a preponderance of the evidence that his or her investment in the new commercial enterprise will create not fewer than 10 full·time positions. If prior to filing a form I-829, the job creation estimated in the business plan submitted by the individual investor materially changes or will not be realized, then it will be the responsibility of the EB-5 investor to notify US CIS of an agreed upon methodology to allocate job creation among eligible investors.

1 USCIS issued a Policy Memorandum (PM ·602·0083) on the subject of "EB·5 Adjudication Policy," dated May 30, 2013, stating that formal amendments to the regional center designation are no longer required when a regional center changes its industries of focus or geograp hie boundaries. A regional center may still elect to pursue a formal amendment by filing Form I ·924 if it seeks certainty in advance that changes in the industries or the geographic area will be permissible prilor to filing Form I-526 petitions.

33

First American Regional Center, LLC RCW1505652611 I RC·ID1505652611 Page 3


Each individual petition, in order to demonstrate that it is affiliated with F ARC, in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain the following:

1. A copy of this regional center approval notice and designation letter including alJI subsequent amendment approval letters (if applicable).

2. An economic impact analysis which reflects a job creation methodology required at 8 CFR § 204.6 Q)(4)(iii) and shows how the capital investment by an individual immigrant investor will create not fewer than ten (10) indirect jobs for each immigrant investor.



Note: The project reviewed with this Form I·924 application is a hypothetical project. Organizational and transactional documents associated with the new commercial enterprise (NCE) submitted with this Form 1·924 have not been reviewed to determine compliance with program requirements since these documents will receive de novo review in subsequent filings (e.g., an amended Form I-924 application with a Form I·526 exemplar or the first Form I· 526 petition filed by an investor under the regional center project).


As provided in 8 CFR § 204.6 (m)(6), to ensure that the regional center continues to meet the requirements of section 610(a) of the Appropriations Act, a regional center must provide users with updated information to demonstrate the regional center is continuing to promote economic growth, improved regional productivity, job creation, and increased domestic capital investment in the approved geographic area. Such information must be submitted to USCIS on an annual basis or as otherwise requested by USCIS. The applicant must monitor all investment activities under the sponsorship of the regional center and to maintain records in order to provide the information required on the Form I·924A Supplement to Form I·924. Form I·924A, Supplement to Form 1·924 Application is available in the "Forms" section on the US CIS website at www. uscis.gov.

Regional centers that remain designated for participation in the Immigrant Investor Program as of September 30th of a calendar year are required to file Form I ·924A Supplement in that year. The Form I·924A Supplement with the required supporting documentation must be filed on or before December 29th of the same calendar year.

The failure to timely file a Form I·924A Supplement for each fiscal year in which the regional center has been designated for participation in the Immigrant Investor Program

34

First American Regional Center, LLC RCW1505652611 I RC-ID1505652611 Page 4

will result in the issuance of an intent to terminate the participation of the regional center in the Immigrant Investor Program, which may ultimately result in the termination of the designation of the regional center.


VI. legal Notice



If the applicant has any questions concerning the regional center designation under the Immigrant Investor Program, please contact the USCIS by email at USCIS. I mmigra ntf nvestorProgram(a!uscis .dhs.gov.

Sincerely,

fv:PJV)~ Nicholas Colucci Chief, Immigrant Investor Program

cc: Linda Lau Global Law Group 909 El Centro Street Ste. 1 South Pasadena, CA 91030

35

November 13, 2015

Alexey Burya BART Investment Group, LLC 290 174th Street, #1712 Sunny Isles Beach, FL 33160

li.S. Department of Homeland Security U.S. Cilltenshlp :md liHmlg.ratllln Serv1c~s lmmigrant!m·es/or f'rogmm 131 M Suwt, \E. 1\1ailstup 2:!35 \\'a!\hinl!lOil. [)(' 20:'2

BART Investment Group, LLC RCVV1507052623/ID1507052623 Page 2

B. Industry Categories1

rtiduetrjGi~· · Residential Construction Real Estate Management, Scientific & Technical Consulting Services

III. Job Creation

2361 531 541610


This hypothetical project does not have the factual details necessary to be in compliance with the requirements described in Matter ofHo, 22 I&N Dec. 206 (Assoc. Comm'r 1998), and therefore, US CIS's approval of the hypothetical job creation estimates presented in the Form 1·924 will not be accorded deference and may not be relied upon by an individual investor when filing the Form 1·526. The business plan and job creation estimates will receive a de novo review by USCIS when an individual investor files Form 1·526. Once an actual project is adjudicated upon the filing of the initial Form 1·526, USCIS will give deference to subsequent Forms 1·526 when the critical assumptions remain materially unchanged from the initially-approved Form 1·526.

VVhen filing Form 1·526, it will be the responsibility of the individual investor to submit a comprehensive, detailed and credible business plan, showing by a preponderance of the evidence that his or her investment in the new commercial enterprise will create not fewer than 10 full·time positions. If prior to filing a form 1·829, the job creation estimated in the business plan submitted by the individual investor materially changes or will not be realized, then it will be the responsibility of the EB-5 investor to notifY USCIS of an agreed upon methodology to allocate job creation among eligible investors.

N. Guidelines for Filing Form I ·526 Petitions

Each individual petition, in order to demonstrate that it is affiliated with BART·IG, in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain the following:

1 USCIS issued a Policy Memorandum (PM-602·0083) on the subject of"EB-5 Adjudication Policy," dated May 30, 2013, stating that formal amendments to the regional center designation are no longer required when a regional center changes its industries offocus or geographic boundaries. A regional center may still elect to pursue a formal amendment by filing Form I-924 if it seeks certainty in advance that changes in the industries or the geographic area will be permissible prior to filing Form I-526 petitions.

37

BART Investment Group, LLe ReW1507052623 I ID1507052623 Page 3

1. A copy of this regional center approval notice and designation letter including alll subsequent amendment approval letters (if applicable).

2. An economic impact analysis which reflects a job creation methodology required at 8 eFR § 204.6 Q)(4)(iii) and shows how the capital investment by an individual immigrant investor will create not fewer than ten (10) indirect jobs for each immigrant investor.

3. A comprehensive, detailed and credible business plan for an actual project that contains the factual details necessary to be in compliance with the requirements described in Matter ofHo, 22 I&N Dec. 206 (Assoc. eomm'r 1998).


Note: The project reviewed with this Form I-924 application is a hypothetical project. Organizational and transactional documents associated with the new commercial enterprise (NeE) submitted with this Form I-924 have not been reviewed to determine compliance with program requirements since these documents will receive de novo review in subsequent filings (e.g., an amended Form I-924 application with a Form I-526 exemplar or the first Form I-526 petition filed by an investor under the regional center project).


As provided in 8 eFR § 204.6 (m)(6), to ensure that the regional center continues to meet the requirements of section 610(a) of the Appropriations Act, a regional center must provide users with updated information to demonstrate the regional center is continuing to promote economic growth, improved regional productivity, job creation, and increased domestic capital investment in the approved geographic area. Such information must be submitted to USers on an annual basis or as otherwise requested by USers. The applieant must monitor all investment activities under the sponsorship of the regional center and to maintain records in order to provide the information required on the Form I-924A Supplement to Form I-924. Form I-924A, Supplement to Form I-924 Application is available in the "Forms" section on the users website at www.uscis.gov.

Regional centers that remain designated for participation in the Immigrant Investor Program as of September 30th of a calendar year are required to file Form I -924A Supplement in that year. The Form I-924A Supplement with the required supporting documentation must be filed on or before December 29th of the same calendar year.



38

BART Investment Group, LLC RCW1507052623 I ID1507052623 Page 4

VI. Legal Notice

This approval and designation of a Regional Center under the Immigrant Investor Program does not constitute or imply an endorsement or recommendation by USCIS, the United States Government or any instrumentality thereof, of the investment opportunities, projects or other business activities related to or undertaken by such Regional Center. Except as expressly set forth in this approval and designation, US CIS has not reviewed any information provided in connection with or otherwise related to the Regional Center for compliance with relevant securities laws or any other laws unrelated to eligibility for designation as a Regional Center. Accordingly USCIS makes no determination or representation whatsoever regarding the compliance of either the Regional Center or associated New Commercial Enterprises with such laws.


If the applicant has any questions concerning the regional center designation under the Immigrant Investor Program, please contact the USCIS by email at [email protected].

Sincerely,

/vYJv1~ Nicholas Colucci Chief, Immigrant Investor Program

cc: Julian Montero Arnstein & Lehr, LLP 200 S Biscayne Blvd., Ste. 3600 Miami, FL 33131

39

January 7, 2016

Herbert Howard Entwistle Americas Green Card Regional Center One International Place, Suite 1400 Boston, MA 02110

U.S. Department of Homeland Security L:.s. CitiZenship and Imm1grauon Scrm:e:-. !mmigrantlnvcswr Program 131 ivl Sti\'Ct, :\F. Mail stop 2:!35 Washinuton. DC 20529


Application: Form I ·924, Application for Regional Center under the Immigrant Investor Pilot Program

Applicant(s):

Re:

Americas Green Card Regional Center

Initial Regional Center Designation Americas Green Card Regional Center RCW1406551698/ID1406551698

This notice is in reference to the Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program that was filed by the applicant with the U.S. Citizenship and Immigration Services ("USCIS") on March 6, 2014. The Form I·924 application was filed to request approval of initial regional center designation under the Immigrant Investor Program. The Immigrant Investor Program was established under § 610 of the Department of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 1993 (Pub. L. 102·395, Oct. 6, 1992, 106 Stat. 1874).

I. Executive Summary of Adiudication

Effective the date of this notice, USCIS approves the Form I·924 request to designate Americas Green Card Regional Center as a qualifying participant in the Immigrant Investor Program.

II. Regional Center Designation

USCIS approves the applicant's request to focus, promote economic growth, and offer capital investment opportunities in the following geographic area and industry categories:

www.uscis.gov

40

Americas Green Card Regional Center RCW1406551698/ID1406551698 January 7, 2016 Page 2

B. Geographic Area

State CQu.nties

States of York, Cumberland, Oxford and Androscoggin counties in Maine; Massachusetts, Strafford and Rockingham counties in New Hampshire; Essex, Maine and New Norfolk, Plymouth, Suffolk and Middlesex counties in Massachusetts Hampshire

C. Industry Categoriesl

.............. > ': ·" : ;: ,;. :.·,, (: I •• ·,:::,,:;,1,. ::;.

,

......... ~ .. ,... .... ,.., ... :, •·::· •>:, )' ...... 7 T ~~ ... , : :.

:, ·.':· , ..• 111:·•::·.·,·,,· ,:,l'j ;I ;

1!1

X: ; :i l I !' .:Ill, .·.,· ', ·'!I''''·', ·,;,

111111 .\:1 ':: :: ::1 ; ,;,:, :;,:

2379 Other Heavy & Civil Engineering Construction

7139 Other Amusement and Recreation Industries

2362 Non-Residential Building Construction

5413 Architectural Engineering and Related Services

5311 Lessors of Real Estate

III. Job Creation

users approves the geographic area and industry categories noted above based on the economic impact analysis presented and reviewed in conjunction with the adjudication of this regional center proposal.

,,'

This hypothetical project does not have the factual details necessary to be in compliance with the requirements described in Matter of Ho, 22 I&N Dec. 206 (Assoc. Comm'r 1998), and therefore, USCIS's approval of the hypothetical job creation estimates presented in the Form I-924 will not be accorded deference and may not be relied upon by an individual investor when filing the Form I-526. The business plan and job creation estimates will receive a de novo review by users when an individual investor files Form r-526. Once an actual project is adjudicated upon the filing of the initial Form 1·526, users will give

1 USCIS issued a Policy Memorandum (PM-602·0083) on the subject of"EB·5 Adjudication Policy," dated May 30, 2013, stating that formal amendments to the regional center designation are no longer required when a regional center changes its industries offocus or geographic boundaries. A regional center may still elect to pursue a formal amendment by filing Form I ·924 if it seeks certainty in advance that changes in the industries or the geographic area will be permissible prior to filing Form !·526 petitions. I users issued a Policy Memorandum (PM-602·0083) on the subject of "EB·5 Adjudication Policy," dated May 30, 2013, stating that formal amendments to the regional center designation are no longer required when a regional center changes its industries of focus or geographic boundaries. A regional center may still elect to pursue a formal amendment by filing Form I-924 if it seeks certainty in advance that changes in the industries or the geographic area will be permissible prior to filing Form I·526 petitions.

41


deference to subsequent Forms 1·526 when the critical assumptions remain materially unchanged from the initially-approved Form 1·526.

When filing Form 1·526, it will be the responsibility of the individual investor to submit a comprehensive, detailed and credible business plan, showing by a preponderance of the evidence that his or her investment in the new commercial enterprise will create not fewer than 10 full·time positions. If prior to filing a form 1·829, the job creation estimated in the business plan submitted by the individual investor materially changes or will not be realized, then it will be the responsibility of the EB· 5 investor to notify US CIS of an agreed upon methodology to allocate job creation among eligible investors.


Each individual petition, in order to demonstrate that it is affiliated with the Americas Green Card Regional Center, in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain the following:


6. An economic impact analysis which reflects a job creation methodology required at 8 CFR § 204.6 0)(4)(iii) and shows how the capital investment by an individual immigrant investor will create not fewer than ten (10) indirect jobs for each immigrant investor.



Note: The project reviewed with this Form 1·924 application is a hypothetical project. Organizational and transactional documents associated with the new commercial enterprise (NCE) submitted with this Form 1·924 have not been reviewed to determine compliance with program requirements since these documents will receive de novo review in subsequent filings (e.g., an amended Form 1·924 application with a Form 1·526 exemplar or the first Form 1·526 petition filed by an investor under the regional center project).


As provided in 8 CFR § 204.6 (m)(6), to ensure that the regional center continues to meet the requirements of section 610(a) of the Appropriations Act, a regional center must provide USCIS with updated information to demonstrate the regional center is continuing to promote economic growth, improved regional productivity, job creation, and increased domestic capital investment in the approved geographic area. Such information must be submitted to USCIS on an annual basis or as otherwise requested by USCIS. The applieant

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must monitor all investment activities under the sponsorship of the regional center and to maintain records in order to provide the information required on the Form 1·924A Supplement to Form 1·924. Form 1·924A, Supplement to Form 1·924 Application is available in the "Forms" section on the USCIS