MIAMI International Real Estate Congress 2013 EB-5

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Maximillian Sutton
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1 MIAMI Internatinal Real Estate Cngress 2013 EB-5 The linked image cannt be displayed. The file may have been mved, renamed, r deleted. Verify that the link pints t the crrect file and lcatin. Presented by: Rger Bernstein, Esq rger@visaattrneys.cm

EB-5 Immigrant Investr Immigratin thrugh Investment Excellent Immigratin benefits via a structured investment; N visa backlg & n percuntry limitatins;

2 EB-5 Immigrant Investr Immigratin thrugh Investment Excellent Immigratin benefits via a structured investment; N visa backlg & n percuntry limitatins; Unrestricted ability t wrk; Gain Access t U.S. fr yur client and his family Live anywhere inside the USA regardless f investment lcatin; Expedited Path t Citizenship.

3 EB-5: Tw Viable Optins Traditinal $1,000,000 typically Suitable fr entrepreneurs Requires active running f business Must create 10 full time direct jbs (n family members) Reginal Center $500,000 + admin fees Passive structured investment int a LP Investr nt respnsible fr jb RC creates them directly/ indirectly

4 Reginal Centers 8 C.F.R (e) defines a Reginal Center as any ecnmic unit, public r private, which is invlved with the prmtin f ecnmic grwth, including increased exprt sales, imprved reginal prductivity, jb creatin, r increased dmestic capital investment. There are mre than 325 USCIS designated Reginal Centers thrughut the U.S. Mre than 30 in Flrida alne. Mre than 90% f EB5 apprvals cme via reginal center cases.

5 Reginal Centers Investr selects the Reginal Center that best meets investment & immigratin bjectives; All Reginal Centers have been apprved by the U.S. gvernment but nt all are f the same quality and nt all Reginal Centers have active prjects; Each Reginal Center will vary in terms f type f investment, Return On Investment, Jb Creatin Methdlgy, Risk, and Exit Strategy. All Reginal Centers permitted under Reg S t pay finders fees t brkers/agents utside the US

6 Why Reginal Center EB-5? Simple Requirements 1. Streamlined Apprval Prcess; 2. Easier and ften times less risk; Results in a structured investment that facilitates yur client s path t U.S. Lawful Permanent Residence and eventual U.S. Citizenship.

7 Equity r Debt??? There are tw basic Reginal Center Mdels: Equity Mdel (share risk with develper; lng term) Debt Mdel (lan t develper; defined exit; prject cllateral)

8 $172MM Ls Angeles Dwntwn Dual Marritt Htels (Cmpletely Funded 2012)

9 Debt Mdel (100% funded 2013) Flrida Overseas Investment Center/ Execs frm Turberry

10 $60 MM Ft. Lauderdale Beach IHG Htel Prject $30 MM financed via EB5.

11 Attrney Determines Eligibility. With assistance f Financial /Tax Advisr, Investr Chses Reginal Center Investr signs ffering circular & wires funds t escrw Attrney Submits I-526 Immigratin Petitin t USCIS Apprved Denied Investment funds released frm escrw t Investment Partnership. If lawfully in the U.S. Attrney files frms fr Permanent Residence. Mst Reginal Centers return USD $500,000 t Investr. If abrad, Attrney applies fr Immigrant Visa at U.S. Cnsulate END USCIS REVIEW APPROVED CONSULAR REVIEW Investr Receives 2 Year Cnditinal Green Card 21 mnths after apprval: Attrney Submits I-829 Petitin t Remve Cnditins. Investr Receives Uncnditinal 10 Year Green Card

12 I-526 Apprval Requirements Funds must be fully invested in the Reginal Center investment. Investr must prve the lawful surce f funds: Gift r Inheritance Persnal Incme Sale f Real Estate Incme n Investment Investr must attest that s/he is a Qualified Investr and must fund the investment after thrughly reviewing and executing the Offering Circular.

13 Tracing the Funds Apart frm prving the Surce f Funds, the Investr must trace the funds frm pint A t B t C. Funds must be frm an individual and may nt be invested thrugh a crprate entity.

14 Adjustment f Status vs. Cnsular Prcessing Permits investr and family t remain in U.S. during prcess; Ideal when children will attend schl in U.S. ASAP; Critical t btain Advanced Parle at filing f I-485; Used by mst EB-5 investrs already in U.S. Allws prcess t unfld befre family mves; kids finish schl year, etc.; Investrs with nly B1/B2 visas must be careful; Can get NIV in interim such as L-1, HIB r E-2 if desired; Adjudicated at U.S. Cnsulate.

15 Remving the Cnditins n Lawful Permanent Residence Investr files petitin with USCIS within 90 days prir t 2 nd year as a Cnditinal Permanent Resident prviding evidence that investment has been maintained and requisite jbs have been created -10 per investr; USCIS verifies investment & creatin f 10 direct r indirect U.S. jbs and remves cnditinal status; Investr becmes U.S. Permanent Resident & may apply fr Citizenship 5 years frm date granted U.S. Cnditinal Permanent Residence.

16 Bernstein Osberg-Braun Can Help Yu and Yur Clients. Over 120 years f cmbined experience with hundreds f successful immigratin cases; A histry f success in btaining EB5 investr visas; Rger Bernstein & Linda Osberg-Braun are Flrida Bar Bard Certified Experts in Immigratin Law; Licensed t practice in the U.S. Supreme Curt, the 11 th Circuit Curt f Appeals, State f Flrida and thrughut the U.S.; Clients include dmestic and internatinal crpratins, freign gvernments and entities, entrepreneurs and hundreds f private investrs.

17 The linked image cannt be displayed. The file may have been mved, renamed, r deleted. Verify that the link pints t the crrect file and lcatin. Thank yu!! Questins??? Rger Bernstein rger@visaattrneys.cm

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