Morgan Jones and Partners, LLC

MORGAN JONES Bridge To America

RESIDING AND WORKING IN THE UNITED STATES

As part of our extensive range of MORGAN JONES Special Family Office services – partnering with U.S. Immigration Counsel with 30 years experience in this sector – MORGAN JONES and Partners, LLC are enabled to obtain for our limited and highly personalized clients and their immediate family members – wife/husband and unmarried children under the age of 21 – permanent Green Cards, which entitle the holder to reside and work in the United States.

The entitlement to a permanent Green Card is linked to a minimum investment of US$1 million1 which, within two years of the grant of an initial temporary Green Card creates a minimum of 10 new full-time jobs in the United States. The temporary Green Card is issued immediately following the successful filing an investment proposal (Business Plan) and accompanying documents with the U.S. Citizenship and Immigration Services (USCIS): Applicants are normally advised within six months from the date of filing if their application has been successful. Following the interim two year period – during which time the minimum 10 new jobs must be created – the investor and his/her immediate family members are granted permanent Green Cards, and within 5 years may apply for U.S. Citizenship.

The EB5 investor Visa is suitable for people from all walks of life: professionals, business people, persons wanting to facilitate their children’s education and attend US colleges and Universities, persons just seeking a new or better life in the United States, and persons wanting to retire in the United States. The EB-5 visa permits employment in the US for the Investor and their family. Quite simply, the EB-5 visa provides the Investor the opportunity and flexibility to do what he or she wants in the USA.

The Investment Visa Program takes advantage of the immigrant visa category for alien entrepreneurs, known as the EB-5 Immigrant Investor Visa, created by the Immigration Act of 1990. In general terms, the EB-5 program requires an alien to “invest or be actively in the process of investing US$1,000,000 which is “at risk” in a “new or existing business enterprise” that directly or indirectly results in the creation or preservation of ten full time (at least 35 hours per week) jobs.

The US $1 million of the EB-5 Visa applicant’s capital investment must be truly at risk and not simply a loan. There can be no guarantees on an EB-5 Visa Investment, the investment must be ‘at-risk’ as per federal guidelines: There can be no mention of redemption rights or guarantees. Guarantees of return of any capital are strictly prohibited, and if given negate the ‘at risk’ requirement of the EB-5 law and the Investors petition will be denied.  Insofar as the entire capital must be at risk, reserve accounts are also not allowed.

More than one person may invest in the same business, and the EB-5 Investor may be a minority owner of the business.

An investment in real estate (i.e., primary or second home residence or commercial real estate and property management), per se, will not qualify under the EB-5 criteria. However, investments in hotels, resorts, restaurants and the hospitality industry will qualify, since an investment in the service or tourist sector will justify the assumption that the requisite number of new jobs will be created, and invested funds will be deemed to be ‘at risk’.

Funds for the investment must come from a lawful source. Under USCIS regulations, the investor must demonstrate that his/her assets were gained in a lawful manner. This requires the investor to prove his/her investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means. Other documents may be required and vary on a case-by-case basis. And Investors should keep in mind that, in this era of terror alerts, drug trafficking and suspicions about money laundering, CIS case examiners require a well-documented source of funds.

Money may be gifted by a parent or other relative to be used for an EB-5 investment provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arms length transaction and is a not a mere ruse or that the gifted funds will be given back after permanent resident status is granted.

The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he or she has the required net worth and capital.

Funds must be placed in escrow prior to submitting an application (I-526 Petition) with the USCIS. The initial cash deposit is placed in a legal, interest-bearing Escrow Bank Account. When an Escrow Bank Account is established, the funds continue to belong to the Investor. An Escrow Agreement is entered into with the Investor that requires the funds to be released from the account only when the petition is approved (or rejected) by the USCIS, or withdrawn by the applicant investor.

There are three basic requirements for an EB-5 visa:

• First, the alien must establish a business or invest in an existing business that was created or restructured after November 19, 1990;
• Second, the alien must have invested (or be in the process of investing) $1 million in the business; and
• Third, the business must create full-time employment for at least 10 US workers.

Each person will have his or her own reason for considering permanent residence in the United States, however having a green card provides many general benefits:

• All legal permanent residents under the EB-5 Investor Program enjoy the same benefits as every other United States resident.
• The U.S. is a safe harbour 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 or she wishes.
• Investors have constant and easy access to the United States 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 businesses anywhere in the United States.
• The U.S. has internationally recognized colleges and universities for both basic education and graduate study. As a resident, the investor can benefit from lower tuition costs.
• The cost of living in the U.S. is less than most large industrial nations. Consumer goods, services, and housing are significantly 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 afterwards, enabling the student to pay for part of his education and to work while attending graduate and postgraduate studies.
• The U.S. provides many financial, social and education entitlements: public schools, health and medical attention, social security, and education.
• The Investor has the ability to bring other family members to the U.S. after proper application, and can obtain U.S. citizenship after 5 years.
• The 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 filings with USCIS or Department of State. Furthermore, U.S. immigration laws may change and prevent future approval when a renewal of visa is required.

Upon approval of the I-526 Petition, the Investor must wait for notification from the US Consulate in his/her home country to prepare documents for the Visa interview. The purpose of this procedure is to ensure that the investor and his or her family undergo medical, police, security and immigration history checks before the conditional permanent resident visas are issued. At the interview, the consulate officer may address these issues and information printed on the I-526 application, including asking the Investor to summarize the nature of his or her immigrant investment. If the Investor and his or her family are already lawfully in the United States, application may be made for adjustment of status at the appropriate office of the USCIS.

Once you receive a green card, there are only two conditions required to keep it for life. First, you must not become removable or inadmissible. The most common way of doing this is to be convicted of a serious crime. The second requirement is that you not abandon the United States as your permanent residence. As long as you are not planning to make your home somewhere else, then legally you are still a resident of the United States.

To assist Investors wishing to relocate to the United States under the umbrella of the EB-5 program and working closely with the Investor and/or his/her chosen advisors and our Family Office expert immigration counsel, Morgan Jones and Partners, LLC will:

1. Understand the significant objective of your current or proposed enterprise and discuss with you your business priorities and operating methods;
2. Where there is no pre-determined investment target, conduct research on possible acquisition targets;
   Undertake thorough business and financial due diligence analysis of the viability of the business opportunity; 
3. Working in conjunction with our expert immigration legal counsel (who have in excess of 30 years experience in the field of U.S. immigration matters, with an emphasis on EB-5 investment structures), apply EB-5 requirements to your primary business enterprise, concept or investment target to judge the appropriateness of the project for an EB-5 program;
4. Following the above overview, move on to a detailed analysis of your project, and create a structure specifically for an EB-5 enterprise for foreign investors. The structure will seek to maintain the integrity of the intended enterprise and also seek to avoid or minimize dilution of Principal Promoter equity. Generally, such a structure will incorporate a Limited Liability Partnership special purpose vehicle (SPV).
5. Guide your project through the required steps in the preparation of a qualifying EB-5 Alien entrepreneur program enterprise: We will review the total cost of project and, where applicable, the sum to be raised by other EB-5 investors as related to US or other investors; the number of jobs to be created and the categorization of jobs as to direct or indirect, ensuring correlation between jobs required, jobs created and amount raised from foreign investors, and escrow arrangements, if any.
6. Create the definitive nature of the commercial activity as it relates specifically to the EB-5 enterprise and, where third party funds are to be sourced: Agree the options on acceptable returns on investment to be offered; coordinate timelines for information on the project and availability of investor funds to the project; and determine exit strategies in order to facilitate exit of investors from the project and possible return of the capital investment to investors.
7. If an investment is to be made in the hotel or resort sector: assist with the purchase of property, including negotiation of agency agreements and liaison with legal advisors – ensuring that clear title is granted and the purchase is registered with the relevant Land Registry – and if in the hotel sector work with you, together with our associated hotel management group, to structure the respective management agreement.
8. Working with local employment specialists, assist with the hiring and vetting of local personnel;
9. Provide general legal and accounting services to the SPV;
10. Assist with the day-to-day management of the SPV, including structuring of reporting lines, and the form of and regularity of reports;
11. Source and liaise with requisite tax and accounting advisors, and ensure the timely submission of tax returns and any other governmental filings; and
12. Provide intensive background research on companies and senior management of targeted companies (if a full or partial acquisition) is to be made, prior to the onset of business relationships and/or hiring: This is an important vetting service, particularly when you may be considering investments abroad.  Our associates include prior members of the various Intelligence and Security Services (U.K., U.S.A., Russia, etc), Scotland Yard, the FBI and other governmental and investigative agencies.
13. Finally, provide, based on an in-depth personal, family and related CONFIDENTIAL “Lifestyle” profile survey, analysis and review, a complete set of U S A orientation, adaptation and permanent resident services and programs, such as, but not limited to ; primary “Lifestyle” location selection assistance, primary and secondary home real estate counsel, English language proficiency program, state drivers and related local area licensing programs , insurance (health, medical, personal property, casualty and other protection) programs, banking, finance, credit card and tax advantage programs, school district analysis and placement for primary and secondary age children, social, civic and related organization orientation programs, etc.

If you wish to find out even more or may consider the MORGAN JONES Bridge Too America Special immigration and investment Family Office Service, Please feel free to Contact Us in strictest CONFIDENCE:

By Appointment Only