,. --- '-·- I ' cy ( " '~ ~ . ' -a·' .. { . .a_..,..,._, .. . ' ;OMB No. 1615-0061; Expires 09/)\ . · .. Form 1-9241-. Department of Homeland Security U.S. Citizenship and Immigration Services· Supplement to Form 1-92~. ·.,
Part l. Information About Principal of the Regional Center ...... ~~.. O:S::t Name: Last c:r. Chan
In Care Of:
Street Address/P.O. Box: 2 618 Vine Street 0 (A) City: Cincinnati (b)(6) I State: OH IZip Code: 45219 0 DateofBirth ..------. Fax Number Telephone Number g (mm/ddlyyyy):l I (include area code): (513) 348-1818 (include area code): (513) 384-7835 0,)
Web site address: http://www .midwesteb5. com
USCIS-assigned number for the Designated Regional Center (attach the Regional Center's most recently issued approval notice) W09000990; RCW1034150052 Part 2. Application Type (Check one)
18] a. Supplement for the Fiscal Year Ending September 30, 2 0 11 (YYYl? D b. Supplement for a Series of Fiscal Years Beginning on October l, __ (YYYl? and,Ending on September 30, __(YYYY)
Part 3. Information About the Regional Center
(Use a continuation sheet, if needed, to provide information for additional management companies/agencies, regional center principals, agents, individuals, or entities who are or will be involved in the management, oversight, and administration of the regional
A. Name of Regional Center: Kentucky Regional Center, LLC dba Midwest EB-5 Regional Center
Street Address/P.O. Box: 2618 Vine Street
City: Cincinnati State: OH Zip Code: 4 5219 Website http://www.midwesteb5. Fax Number Telephone Address: com (includeareacode): (5l 3l 348- 1818 (includeareacode): (513) 384-7835
B. Name of Managing Company/Agency: N/A
Street Address/P.O. Box:
City: I State: IZipCode: Web site Fax Number Telephone Address: (include area code): (include area code):
C. Name of Other Agent: N/A
Street Address/P.O. Box:
City: State: Zip Code:
Web site Fax Number Address: (include area code):
Form I-924A (11/23/1 0), r---l~fllflll~flllmlllmHI.II/11111111111 IW~IIIIII/111111'~ ·.,
~• ,. Part 3. Information About the Regional Center (Continued) Answer the following questions for the time period identified in Part 2 of this form. Note: If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and provide the response. 1. Identify the aggregate EB-5 capital investment and job creation has been the focus ofEB-5 capital investments sponsored through the regional center. (Note: Separately identify jobs maintained through investments in "troubled businesses.") Aggregate EB-5 Capital Investment Aggregate Direct and Indirect Job Creation Aggregate Jobs Maintained $0 0 0 2. Identify each industry that has been the focus ofEB-5 capital investments sponsored through the Regional Center, and the resulting aggregate EB-5 capital investment and job creation. (Note: Separately identify jobs maintained through investments in "troubled businesses".) a. Industry Category Title: NAICS Code for the Industry Category Hotel 7 2 1 1 1 0 ------Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: $0 0 0 b. Industry Category Title: NAICS Code for the Industry Category Restaurant 7 2 2 1 1 0 ------Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: $0 0 0 c. Industry Category Title: NAICS Code for the Industry Category See addendum ------Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: $0 0 0 3. Provide the following information for each job creating commercial enterprise located withinthe geographic scope of your regional center that has received EB-5 investor capital: a. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that 0No 0 Yes have or will create or maintain jobs for EB-5 purposes? Form I-924A (11/23110) Page 2 2 C) 0 Part 3. Information About the Regional Center (Continued) If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: b. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0No 0 Yes f yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code EB-5 Capital Investment Direct and Indirect Job Creation Jobs Maintained Fonn I-924A (I 1123/10) Page 3 3 0 Part 3. Information About the Regional Center (Continued) (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: c. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? D No DYes If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: Fonn I-924A (11/23110) Page 4 4 . 0 0 ~I Part 3. Information About the Regional Center (Continued) d. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0 No 0 Yes If yes, then identifY the name and address of each job creating business, as well as the amount ofEB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: e. Name of Commercial Enterprise: Industry Category Title: N/A Address Street Number and Name: City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0 No 0 Yes Form I-924A (II /2311 0) Page 5 '.1 . I I 0" 0 Part 3. Information About the Regional Center (Continued) If yes, then identifY the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: 4. Provide the total number of approved, denied and revoked Form I-526 petitions filed by EB-5 investors making capital investments sponsored by the regional center. (Note: If an adverse action was ultimately reversed and the petition was approved, then note the case as approved.) Form 1-526 Petition Final Case Actions Approved Denied Revoked 0 0 0 5. Provide the total number of approved, denied and revoked Form 1-829 petitions filed by EB-5 investors making capital investments sponsored by the regional center. (Note: If an adverse action was ultimately reversed and the petition was approved, then note the case as approved.) Form 1-829 Petition Final Case Actions Approved Denied Revoked 0 0 0 NOTE: USCIS may require case-specific data relating to individual EB-5 petitions and the job creation determination and further information regarding the allocation methodologies utilized by a regional center in certain instances in order to verifY the aggregate data provided above. Form I-924A (11/23/10) Page 6 6 0 Part 4. Applicant Signature Read the information on penalties in the instructions before completing this section. If someone helped you prepare this petition, he or she must compete Part 5. I certify, under penalty ofpetjwy under the laws of the United States of America, that this supplemental form and the evidence submitted with it are all true and correct. I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit being sought. I also certify that I have authority to act on behalf of the Regional Center. Signature of Applicant Printed Name of Applicant Date (mmlddlyyyy) L~~ ~ Gary Chan 01/26/2012 Daytime Phone Number E-Mail Address (Area/Country Codes) (513) 384-7835 [email protected] Relationship to the Regional Center Entity (Managing Member, President, CEO, etc.) Managing Principal Part 5. Signature of Person Preparing This Form, If Other Than Above (Sign Below) I declare that I prepared this form using information provided by someone with authority to act on behalf of the Regional Center, and the answers and information are those provided by the Regional Center. Attorney or Representative: In the event of a Request for Evidence (RFE), may the USCIS contact you by Fax or E-mail? D No DYes Signature of Preparer Printed Name of Preparer Date (mm/dd/yyyy) Firm Name and Address Daytime Phone Number Fax Number (Areal E-Mail Address (Area/Country Codes) Country Codes) Fonn I-924A (I J/23110) Page 7 0 Form I-924A, Supplement to Form 1-924 Kentucky Regional Center, LLC dba Midwest EB-5 Regional Center VV09000990;RCVV1034150052 Part 3. Information About the Regional Center 2. IdentifY each industry that has been the focus of EB-5 capital investments sponsored through the Regional Center, and the resulting aggregate EB-5 capital investment and job creation. Industry Category Title: Retail Stores NAICS Code for the Industry Category: 4539 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: 0 Aggregate Jobs Maintained: 0 Industry Category Title: Condominiums/ Apartments NAICS Code for the Industry Category: • 53131 Condominiums • 5311 Apartments Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: 0 Aggregate Jobs Maintained: 0 Industry Category Title: Office Buildings NAICS Code for the Industry Category: 5311 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: 0, Aggregate Jobs Maintained: 0 Industry Category Title: Light Industrial/Warehouse NAICS Code for the Industry Category: 339 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: 0 Aggregate Jobs Maintained: 0 . Industry Category Title: Continuing Care Retirement Communities NAICS Code for the Industry Category: 623311 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: 0 Aggregate Jobs Maintained: 0 Industry Category Title: Mixed Use: Retail Store, Condominiums and Apartments NAICS Code for the Industry Category: Mixed Use • 4539 Retail Store, • 53131 Condominiums, and 8 . '· 0 0 • 5311 Apartments Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: 0 Aggregate Jobs Maintained: 0 Industry Category Title: Mixed Use; Office Buildings and Retail Stores NAICS Code for the Industry Category: Mixed Use • 5311 Office Buildings and • 4539 Retail Stores Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: 0 Aggregate Jobs Maintained: 0 9 0 Q.s.24000 "'"''"'"" Avila Road, "' 2'" """"''""1 FltJOI' s""';'' La~;tuna Nigud, Ci\ iJ'J.(t/7 U.S. Citizenship and Immigration Services April29, 2010 Andrew MoHe Kenruck)' Regional Celtl~;:r, LLC 7000 Houston Road, Suit·e 3 Florence, Kentucky 4.1042 Application: Req ne~r for Designation as a Regional Cemer Applicant(s): Andrew Moffe Re: Ke11,tuc:ky Region;~! Center, LLC W09000990 Pnrsu.uH tc:t Section 6 J 0 of the Appropriations Acr of 1993, on September 29, 2009, Andrew lv!oflc su bmi tree! a proposal seeking approval and designation by U.S. Citizenship and Immigration Servi.ces (USCIS} ofthe Kentuck)' Regional Cent.e1~,LLC. Based 011 its review Jlld Jnalysis of your proposal, and of your response ro the USCIS Request For Evidence, USCIS hereb)' designares Kenrut:ky Regional Center, LLC as a Regional Center withi.n rhc l1nrnigr:mt lnvesror Pilot Program and approves the request as described below: · GEOGRAPHIC AREA: The Kenruck)1 Region;d Center, LLC shall have a geographic.scopewhich includes the Kenruck)' counties of Carnpbell, Kenton and Boone and rhe Ohio counties of.Hamilton. Butler, Clermont and Warren. FOCUS OFINVESTMENT ACTIVITY: As depicted in the economic model, rhe general projJosal a1id rhe economic ana.I)'Sis, rhe Regional Centt·r wi II engage in the following economic acti.vities: develop, coi1sr.rucr .. own, manage and op,~r;:~te .111 enrenai.nment disti-ict composed of retail, commerCial and e.nte.rtainment busi1icss,es, including bpr nor limited lO rcst.u1ranLs, bars, eateries and ill1}' other venues for emcrtainJnent or ret:reation .. The Regional. Center for EB-5 Immigrant ptuvoses shall f()cus invesrmenis into .new commercial t•nterprise:> in the tC)IIowing nine (9) rarger indusrry economic clusters: 1. Horcls 2. Restaurants www. uscis.gov 10 0 0 Kentucky Region~\ Ct~nrer, LLC/ W09000990 Pagt; 2 3. Rct~il Stores 4. Condominiums/ Apartments 5. Ofnce Buildings 6. Light fndustri~·I/W~rehouse 7. Continuing Cilre Retirement Communities 8. Mixed Use: Ret.1il Store, Condc.)lllin.iums and Aparnnents 9. · Mixed Use: Office Buildings and .Retail Stores lL:nt )' i nvesrment oppormn ities arise that are beyonclrhe scope of' the apprO\'Ccl industT)' clusters, tIt en .HI .:unenchi1ent would be required to ;tdd that cluster. The geographic focus of this area may comain some High Unemploymenr. Targeted Employment Areas (TEAs) as designated by rhe Stale of Kentucky or the Srate of Ohio and rural TEAs,.,:,; defined in 8 CFR 20+.6(c). Tl11::rdore, the rninimum capital investmetit threshold for an)' individua.l immigrant investment into a11. approved co1nrnerd;d enterprise throughOLit the .Regio11al Center shaLl be not less rhan $500,000, if the investmenr target is located with.in a TEA or $1,000,000 if i.t is locat:ed QUtside of a TEA. No debr arrang¢ment will be acceprablc unless it is secured by assers owned by rhe alien.enrrcpreneur. A ti.dl capiral investmelll must be mack: and placed at risk. For any alien requesting the reduced thresholdof $500,000 based upon an i.nvesrment in ,1 Targeted Emplo)'lllent area, the al.ienmust establish at the Lime oftll.i.ng of the 1·526 petition that either the investLnent will be mMie in a TEA designated area or was in a TEA designated area at the timeofrhe .1lien's inili.1l in vesrmenr inrothc enterprise. l!MP LOYMENT CREATION [mmigrant investors who file pet"itions for commercial enrerprises .loc:~red in rh~:: Regional Center a\'1.':,1 must. l'uiJlll .111 of' the requirements set. forth in 8 CFR 204.6, except rh:u the pet:irion need not .)how that rhe new commercial emerprises cre~ted ten new jobs inclire~.:tly as a result: of the in11nigrant investor's investll11:nt.. This cieterminat:ion has been estJblished b)' W<:l)' ofUSC[S' acceptance of the flual CCOilOI'lliC anai)1SiS that is COI\t'ained as part or the approved Regional Center proposal and its indirect job creation rnodcl ;rncl rnulripl iers conr~ ined within the final approved Regiona.l Center appl.ication p<:1ckage. Rather, the i.nvestor must sltQW at the time of remova.l of condition~ rhar they perlixmed the .activities described in t:he model and on which the approved methodology is based. · · In addition, vvhere job creation or preservation of ex:isti ng jobs is claimed b<:1sed on a multiplier rooted in underlyi.ng new ''direct jobs", the immigrant i1lvestor's individuall.$26 petirion afHiiat:ed with your Regional Center, should ioclucle as support:ingev.icknce: • A comprehensive derailed business plan wirh supporting tlnancial, marketing and relilted clara ;tnd anai)'Si s providing a reason<:1ble basis for projecting creation of any llC\V direct jobs lor "q ui\li 1\'i ng ernplo)'ees" lCl be achieved/realized within two yearspursua11t ro 8 CFR 20+.6(j)(4)(B). An alien investor's l-829 petition to remove the conditions which was based on an I-526 petition approv;tl th 11 0 0 Kt:utuck)' Regional Center. LLC/ W09000990 Page 3 Additional Guidelines for individual Immigrant Investors Visa Petition (I-526). Based upon the review of' )'Oll r proposal, the tvl.a.n har.ran l-larbour Project (consisting of' a Ill ixecl ·Use CC>nllnerci.11 center rltat will include a horeJ, retail stores, restaurants, residences allCI ofl1cc buildings) is approved as a Capitallnvestmcnt Project ICH your regional ceuter. To demonstrate that an individual alien investor is associJted wil'll this project' and your regional center, r:·adt alien entrepreneur petirion. in ct:lltjllnctintt with addressing all the requirements for th.11 petition, shall comaitu;upporting evidence relating to rhis project and t:lte regiotial cent:er designarion, <"1s fl)llows: I. A cop)' ofrltis letter, the Regional Center approval and designation. 2. A cop)' of the LJSClS approved Regional Center narrative proposal and business plan. 3. i\ cop)' of the job creation mcrhodolog)' required .in 8 CFR 204.6(j)(+)(iii), as contained in rhe final Regional Center economic anai}'Sis which has been approved by users. which rellects that illVI:!SliTlent by ,HI individual immigrant i.nvestor wi.ll. create not !ewer than len (I 0) fuli-tirne employntenr position$, eirhcr directly or indirectly, per immigrant: invest:or. 4. A legally execu.red cop}' of the USCIS approved documents f(Jr Ml:1 Entert<~inmenr l Region.1l Center Partner~hip, Kentucky, LLC, YI, LLC and TAG, LLC: a. .Limited Pan.nership Agreement; Satnples/Dr;Jfts dared April 6, 20 I 0 b. Subscription Agreement; Samples/Ora Its dated f\pril 6, 20 I 0 c. Escrow Agreemcnr: and Sarnpks/Drafrs dated April 6, 20 I 0 cl. Operating Agreement Samples/Drafts dared Apri I 6, 20 I 0 DESIGNEE'S RESPONSIBILITIES INHERENT IN CONDUCT OF THE REGIONAl. CENTER: The law, as rcl.lected in the regulations inS CFR 204.6(m)(6), requires tho:tt an Jpproved Regional Center in order to mainrain the validity of irs approval and designation must conrinueio meet: rite sratulOI')' requirerncms of the Immigrant Investor Pilot Program by serving the purpose of promoting cconoruic gnJwth, inc.luding i ncrc.:~sed export s.1les (where applicable), improved regional proclucrivit}', job creation, and increased domestic capital invcst:ment. TIJerd()re, in orderlor USCIS tQ cletennine whether your Regional Center is in cornpliJnc:c with the above cited regulation, and in orderto con.rinuc to opcrJtc as a USCIS approvec:l .1nd designMed Regional Center, your adminisrratiot1, oversight, and imnagemem of >'Olll' Regional Ccnrer sh:ill be such as to monitor .111 invcst:mem activities under the sponscirship of )'Our Regional Cetll'er and to maintain records, cl.m Jlld information 011 a quarterly bJsis in Ot'cferto report tO USC!$ Upon request' the following )'tar lO date inl(n·mation kH· each Feder;d Fiscal Year'. commendn~ with the'initial }'Cilr as follows: I. Provide rhe principal aurhoriz.ecl official and point of contact: of' t.he Regional Center responsibk lr)r the 11t)nml <:.pcrarion, management: and administ:rari.on ofrhe RegionaiCent:cr. 2. Be prepared to explain how you are administering the Regional Center and how vou will be <~ctivc:l)' engaged in supporring" due diligence screening of' irs alien investors' lawf'ul source L)f capital and the alien investor's abi.lity tofully invest the requisite amount of capital. I A Federal Fiscal Year runs ror twelve C<.lllSCCllliv~ months from October Ir.l to Septi:!lllber 30'", 12 0 0 Kcntuck}' Region,1l Center, l.LC/ W09000990 P.1ge 4· 3. Be prepared to explain rltl~ ldlowing: a. How the Regional Cemer is actively engaged in the evaluation, ovcrsighr: and r;)llow up on any proposed commercial activities that will be utilized by alien investors. b. How rhe .Regional Cemer i.s actively eng.1ged in the ongoing ntC:lnitoring, evaluation, oversight and f()llmv up on all}' inveswr co1ntncrcial activity alrlliared rhrough the l\egioni11 Cent:er th:11' will br: utilized b}' alien investors .in order to crei1te direct and/or indirect jobs through qualif'}ring EB-5 capital investments into commercial. e1Herprises within the .Regional Center. 4. Be prepared to provide: a. the name, date oJ' birth, pet'ilion receipt number, and alien regislralion nu1nbcr (i!' one has been assigned by USCIS) of each principal alien investor who has made an invesnnent and has flied an EB-5/f-526 Pt:tirion with USCfS, specifying whether: i. the petitkin was flied, . ii. was approv~;:d, iii. denied, or iv .. withdrawn by the pelitioner, together with the date(s) ol' such evenr. b. The total number of visas i·epresemcd in eacltcase for rhe principal alien investor identified in 4.a.above, plus his/her dependents (spouse and children) tor whom immigralll stattls is . soi1glunr has been grailted. c. The count:ry of nation;diry of each alien investor who has imde an investment and flied an EB-5/I-526 pet·ition witb VSCIS. d. The U.S. city and state of residence (or intended residence) of ~;:ach alie11 investor who l1:ts lrtade an .investment and flied an EB-5/1-52(i petition wirh USCIS. e. For each alien i1ivesror listed in i.t:em 'ka., above, idenlif}' Ehe foLlowing: i. the clate(s) of investment in the commercial enterprise; ii. rhe amounL(s) ofin.vestmem in the commercial etllcrprise; and iii. rhe clat:c(s),.narure, .1nd amount(s) of any payment/remutH.:ration/profit/return on invesuncnt 1.mde to the ali.eninvestor by the crmllile.rcial enterprise and/or R~gional Cenrei·Jrom when the investment was initialed to the present. 5. Be prepared to iclentily/list each ofthe target industry categories of business act:ivit:y wit.hi.n tht geographic boundaries of you.r Regional Cent.er rh.1t have: a. received alien investors' capital, and i.n what aggregate amounrs; b. recdved non~EB-5 domestic capital that has been cornbined and invested together, specifying rite separate aggregate 'an1oun1s of rhe domestic i nvesrment capilal; 13 0 0 Kemuck)' Regkll1.1l CeiHCr, LLC/ W09000990 Page 5 c. of the total investor capita.! (alien and domestic) identified above in S.a and S.b. identif)' .:tnd list the following: i. The name and address of each "direct" job <.:rearing con1n1erci:d enterprise. ii. The industry category for each. indirect job crc.Hing investment activity. 6. Be prepared ro provide: a. The total aggregate number of approved EB-5 alien investor 1-516 pelit:inns per each Federal Fiscal Year ro dale made through your Region:~! Center. b. The ror:~l :~ggreg:~te number ot'appri)vcd EB-5 alien investor 1-829 petitions per each Federal Fi.scal Year to ciJte through your Regional Center. 7. The total aggreg:~1e sum ofEB-5 al.ien capiral in.vested duough your Region.1l Cemer tor e,1ch Federal Fiscal Year to elate since )'Our approval and design.1t·ioiL 8. The combined roral aggregate of "new" direct and/or inclirec1 jobs crearecl b}' EB-5 i11vesrors through )'OUr Regiona.l Center tor each Federal Fiscal Year to date since you.r approval and designation. 9. ff' appli.c..:ablt:, the total aggregate of "preserved" or saved jobs b}' EB-5 al.ien invesrors i IHC> rroublccl businesses through your Regional Center f<.1r each Federal Fiscal Year to elate ~ince your approvaL and designation. I 0. If lor any giv~n Federal Fiscal Year )'Our Regional Center did or does not have investors to report, rhen·provide: · ;~, a detailed writ:ren explanation for the. inactivity, b. a specillc plan which specifies the budget, t:imeli.nes, milestones and cri.rical steps ro: i. actively promote your Regional Center progra111, ii. ident:ify ai1d recruit legitimat·e and viable alien i'nvesrors, ;tnd iii. a str~tegy to inve~t inti) job crearing e1iterpi-ises and/or investment activities within rile Regional Cenrer. II. Regarding youi· website, if<'lll}', please be prepared to provide J hard cop}' which reprcst:nl:> full)' what your Regional Center has posred on irs website, as well as providing }'OUr web .1ddres:;. Addirion.1lly. please provide a packet containing all or your Regional Center's hard copy promorion.1J marerials such as brochur.es, Oyers, press articles, advertis~::merHs, etc. 12. Finally, please be aware that it is incumbent on each USCIS approved and clesi?natecllkgional Center, in order to remain in good standing, ro notify th~ USCIS wi.thin IS business d.1ys ,11' . USCJS.Immi~•ranrl [email protected] or any change of address or occurrence of any material change in: • the name. and contact i.ntormalion of the responsible otncial and/or Point oi'Conl:tcl (POC) lor rhe RC • the man.1gemenr and administ:rarion of the RC, 14 I ·:~. 0 0 January 26, 2012 Rosemary Langley Melville Director, California Service Center U.S. Citizenship and Immigration Services 24000 Avila Road, 2nd Floor Laguna Niguel, CA 92677-8111 Re: I-924A for Kentucky Regional Center, LLC dba Midwest EB-5 Regional Center Dear Ms. Melville: During the fiscal year starting October 1, 2010 and concluding September 30, 2011 ("FY 2011"), Kentucky Regional Center, LLC dba Midwest EB-5 Regional Center ("MERC") did not have any capital investment activity relating to EB-5 investors. The main focus for MERC during this time period was marketing the Short Vine Entertainment District project in China, and also laying the groundwork for the project for when capital investment will come in. Marketing efforts include, but were not limited to: (b)(4) . This brief responds to all of the required information raised in the I-924A form: A. During FY 2011, there was $0 in capital investment through MERC. B. During FY 2011, there were 0 new jobs, direct or indirect, created through MERC C. During FY 2011, there were 0 jobs ·~maintained" by EB-5 capital investments into a ''troubled business" through MERC D. During FY 2011, there was no capital investment nor jobs created through MERC, so the industry focus is not applicable 15 0 0 E. During FY 2011, there was no capital investment into a commercial enterprise by means of alien investor capital through MERC. F. During FY 2011, there was no capital investment into a commercial enterprise that served as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes. G. During FY 2011, there were no I-526 petitions filed by alien investors that were sponsored through MERC. H. During FY 2011, there were no I-829 petitions filed by alien investors that were sponsored through MERC. As indicated above, during FY 2011, MERC was actively marketing the Short Vine Entertainment District project, but did not receive any capital investment or create any direct/indirect jobs. We expect substantial capital in 2012. I was in China, but had to fly back to Pittsburgh, PA on short notice for my mother's lung transplant on December 7th, which tied me up through the holidays. Then, I went immediately back to China. I got back the middle of this month. As a principal of the Regional Center, it was my responsibility to file the I-924A. With this being the first year, I was unclear as to whether we needed to file, since we did not have any investment prior to October. Then, with this sudden family medical emergency, I was pulled away from work for a few weeks and into the holiday, and then resumed immediately after the New Year by traveling to China again. I apologize for the late filing. It won't happen again, I assure you. Sincerely, ~~=--- Gary Chan Managing Principal Kentucky Regional Center, LLC dba Midwest EB-5 Regional Center 16 '' :!I' •I ~ NEW Package··· Fed& Trac~nu 0 · Express® US Airbi/1 Number B993 6076 4620 0200~ r)·. Ex Retrieval. ~PY I 1 . Packages up to ISO lbs. ·11 h From · 4 ExpressPackageSeJVice . •t••'•',.· 0. 1 hrl«baaMr,ISI/6s.l!lf!ulw , NOTE:Smicoorderbaschanged.~&etOc!calllul~ ~ i 'l'tlx~Frti;IIIJS~ \ Next Business Day 2or3 Business Days X ~ 2 Your Internal Billing Reference (l) 1.1.. ·~0~'3To · g Recipient's [ I? •· ·;., ... ~ · . ~ Name · Q") f ku(E [f t/~' '!"" ,. E 0 08 ~ "'0 Address 14oO() AviU1 ilvA i) 0~ , WacannotdellvtrtnP.O.boxesorP.O.ZIPcodu. ·o State CA . ZIP 17.f 11 ' o. L --._.).-. --·---- Martino's On Vine: Directions . 0 0 Page '1 of2 •• J Directions Martino'sis located just a block East of the University of Cincinnati at 2618 Vine Street. We're easy to get to from I-75 or I-71. Coming from I-75, get off at the Hopple Street exit. Turn left off the exit ramp at the light and continue through seven (7) traffic lights (you'll be on MLK). Almost immediately after the 7th light you'll turn right on Vine Street. Martino's is three blocks down on the left, across from Bogart's. Coming from I-71, get at the Taft Road exit. Continue on Taft, a one way street, through 4 traffic lights. Right before the 5th traffic light, at the intersection of Taft and Vine (the University Plaza Shopping Center will be on your right) turn right. Then turn right again at the first light, Corry Street. At the first Stop sign, Vine Street, turn left. Martino's is a half a block down on the right across from Bogart's. Need directions to Martino's from somewhere else? Click HERE-for additional assistance. Parking Metered Parking: Enforced. Free after 6pm Mon-Sat and all day Sunday. 24-Hr Lots: There is one right behind Martino's at Corry & Van. Two others are located at Corry & Glendora and Charlton & Glendora. There is also a lot in the Corryville Colonade on Vine right next to Kinko's. Be sure to check your space number and pay. Shields School: Located at Vine & Daniels; open nightly after 4pm and all day on weekends. Be sure to check your space number and pay. Off Street: There is other off street parking on surrounding side streets, for which there is no charge. A better bet ~ough would be to use one of the aforementioned. Do Not Park in the University Plaza (Krogers/Walgreens I Blockbuster), you will almost certainly be towed-- they watch their lots very carefully. Towing charges run up to $100. Good advice is to always pay for parking and never park in the University Plaza lot, unless it is because you are patronizing one of the Plaza's businesses. · http:/ /www.martinosonvine.com/ directions/ 4/18/2012 18 Martino's On Vine: Directions Page 2 of2 0. Martino's On Vine • 2618 Vine Street • Cincinnati OH 45219 Telephone: 513-221-8487 • Fax: 513-221-0109 Dine In • Carry Out • Catering martinosonvine.com ©copyright 2005, all rights reserved http://www.martinosonvine.com/directions/ 4/18/2012 19 Immigrants fuel innovative plans fz:}vival on Short Vine I Midwest EB-5 ~ional Cent. .. Page 1 of3 ~ ,_,.... Midwe~t EB~s-R~gioi1~l Cenier· Home About Greater Cincinnati FAQ Blog Contact Us Immigrants fuel innovative plans for revival on Short Vine March 27, 2012 - hy msd_lah - in ill 'l'l1e ;v.,,ws - Commellls Off What's the magic that makes redevelopment transform one neighborhood and not another? Terry Chan has mulled over this question for a good many years. In his international high school in Hong Kong, he thought about it as friends from-China recounted tales of fleeing Indonesia amid economic unrest. At Carnegie Mellon, he studied tinance, IT and urban planning. He researched Hong Kong's uneasy transition back into China and the Butterfly EfTect, or how one small event in one place can lead to a large change elsewhere. He worked for seveml Fortune 500 companies before moving to Cinc-innati to invest in real estate close to his in-laws. And throughout this journey of learning and understanding how business and development works, he continues to revisit that question, "Why does money flow in some places and not in others?" With the Short Vine lnnovation District, Chan hopes to answer that question. Far more than just a real estate redevelopment project for Short Vine, this venture is creating n technological hub of early-stage, vibrant businesses. ln a twist on the American dream, the district is funded in part by immigrants investing in promising startups. Members of this new brand of community share talents and support one another while generating energy with local business incubators and a neighboring university's classrooms, laboratories and bright, young minds. Short Vine is home to Chan's family. Two decades ago, father-in-law Marty Angiulli opened Martino's Italian Restaurant at 2618 Vine, in the middle of the streetscape just east of the University of Cincinnati. Over the years, he purchased the entire block. With Angiulli as one of its partners, the Short Vine Entertainment District has recently added more buildings across and down the street, including a parking garage. With the completion of a Hampton Inn & Suites north on Vine, the City of Cincinnati's ongoing street and sidewalk improvements and an upcoming renovation of the Kroger store at Short Vine's south end, the block is primed and ready to welcome Chan's vision of lasting urban renewaL ''In a place like Cincinnati, without a real estate bubble like in some other places, it's the tenants that drive the value of real estate," Chan says. "If we knew that, say, P&G wanted this property and was willing to move in under a !00-year lease, this place would be worth so much more." You haven't changed spaces, just increased interest and a sense of pernmnence. Chan and his core team Matt Kappers, Nathan Hammond, Martin La\\1er and Paul Sommers -have set out to make Short Vine more interesting to a diverse range of businesses for added stability. A restaurant group offers dining and entertainment space to tenants, with management help rrom the Short Vine Innovation District to lessen the inherent risk in food service. With CincyTech as a partner, Short Vine is also opening its doors to young companies ready for their second burst of investment and suppo1t "So," says Chan, "now we have oflice tenants in our real estate, eating lunch at the restaurants, parking in the garage, socializing on the block and spilling into our other investments." Being right next door to a large research institution oilers a myriad ofbcnelits for startups being wooed by Chan's team. Jaydev Karande is the founder ofWearcast, one of those do\mt0\\11 CincyTech seed companies that recently moved to Short Vine. ''Being this close to UC gives us •.vays to test concepts, engage students, find intems and get smart talent," Karande says. "Look at Cincinnati; it's pretty conservative in terms of employment" Start-ups value fresh, young minds, sometimes more than experience. ne Short Vine Innovation District also supports startups like Karande's with its Source Lab. Gary Chan, Terry's brother, explains. ''We have different people with di.fl'erent expertise web designers and developers, software engineers, product managers- who ean build a product" Wearcast might need an on-call, not full-time, web designer, so it contracts with Source Lab lor exactly the amount of work it wants and avoids over-hiring. "We cater to this start-up community." Partnership 1\ith the UC Technology Commercialization Accelerator will add more innovative businesses to Short Vine: With a goal of 12 to 18 companies on Short Vine within two years, the neighborhood will see cut1ing-edge technology rolling out of the university and into startup companies along the street, creating new jobs and bringing economic vitality to the neighborhood and the region. Sc.roll to Top http://www.midwesteb5.com/news-items/immigrants-fuel-innovative-plans-for-revival-on-... 4/18/2012 20 Immigrants fuel innovative plans fl)vival on Short V~ne I Midwest EB-5 ~ional Cent... Page 2 of 3 Chan, "They are doing this for their kids. This isn't just money. To questions like, 'Will this become a Chinato~11with all these Chinese investors?' I say, 'TI1is has nothing to do with China itself If the money were in Kenya, we'd be there recmiting it. These investors are injecting a lot of money into our economy, creating pennanent jobs and becoming pemmnent residentS who pay taxes.' And their 10 employees are paying ta:'\es, too." Because the EB-5 program is focused on job creation, startup companies find that they can be more creative with the funding in attracting and keeping employees. Sameer Munger is CEO and co-founder ofZipscene at 2712 Vine, another startup helped by foreign investment through the Short Vine Innovation District. "We've only been here since Februal)•, and they did everything to prepare for us; we just showed up with our computers," he says. "As a startup, you're pretty strapped, so for them to take on the space, design and furnish it, was one less thing for us to do.·· Karande sees employee benefits. "If there is good investment, startups have more money than you would think Md can offer competitive salaries." Presently, Short Vine has 54,000 square feet of office space and twice the demand; it holds 20,000 square feet of retail space and a current demand for three times that amount of space. ''This time next year," Chan predicts, "we should have every space filled." This renaissance of a once-blighted streetscape is a quirky and clever combination of local and intemational players, wide-open to new ideas and balanced by diversity and attentive support. Is this the answer to Chan's persistent question about redevelopment? Talent, eneq,'Y and time will tell. Becky Johnson, Soapbox Media, Tuesday, March 27, 2012 Scroll to Top http://www.midwesteb5.com/news-items/immigrants-fuel-innovative-plans-for-revival-on-... 4/18/2012 21 ' . . 0- r :· ~. RECEIPT NUMBER CASE TYPE J924A RCW1203050583 Supplement to Fonn I-924 RECEIVED DATE APPLICANT January 30, 2012 CHAN,GARYK NOTICEDATE PAGE January 30, 2012 , 1 of I KENTUCKY REGIONAL CENTER LLC DBA MIDWEST EB 5 NOTICE TYPE: Receipt Notice REGIONAL CENTER 2618 VINE ST CINCINNATI OH 45219 Receipt Notice -This notice confinns that USCIS received your application or petition as shown above. Please reference the receipt number, above, on any correspondence with USCIS. If any of the above infonnation is incorrect, please immediately contact us at [email protected] to let us know. This will help avoid future problems. This notice does not grant any immigration status or benefit. It is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown. Processing time- Processing times vary by kind of case, You can check our website at www.uscis.gov for our current processing times for this kind of case at the particular office to which this case is or becomes assigned. If you do not receive an initial decision or update from us within our current processing time, email us at [email protected]. Save this notice, and any other notice we send you about this case, and please make and keep a copy of any papers you send us by any means along with any proof of delivery to us. Please have all these papers with you if you contact us about this case. If your address changes -If your mailing address changes while you case is pending, notify us at [email protected], otherwise you may not receive notice of our action on this case. '--I Please see the additional infonnation on the back. You will be notified separately about any other cases you filed. U.S. CITIZENSHIP & IMMIGRATION SVC CALIFORNIA SERVICE CENTER P.O. BOX 30111 LAGUNA NIGUEL CA 92607-0111 Customer Service Telephone: (800) 375-5283 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 22 RECEIPT NUMBER CASE TYPE 1924A RCW1336451526 Supplement to Fonn 1-924 RECEIVED DATE APPLICANT December 30, 2013 CHAN,GARYK NOTICE DATE PAGE December 30, 2013 I of 1 KENTUCKY REGIONAL CENTER LLC D/B/A MIDWEST EB 5 NOTICE TYPE: Receipt Notice REGIONAL CENTER 9662 KENWOOD RD CINCINNATI OH 45242 Receipt Notice • This notice confinns that USCIS received your application or petition as shown above. Please reference the receipt number, above, on any correspondence with USCIS. If any of the above information is incorrect, please immediately contact us at [email protected] to let us know. This will help avoid future problems. This notice does not grant any immigration status or benefit. It is not even evidence that this case is still pending. It only shows that the application or petition was tiled on the date shown. Processing time- Processing times vary by kind of case. You can check our website at www. uscis.gov for our current processing times for this kind of case at the particular office to which this case is or becomes assigned. If you do not receive an initial decision or update from us within our current processing time, email us at [email protected]. Save this notice, and any other notice we send you about this case, and please make and keep a copy of any papers you send us by any mea~s along with any proof of delivery to us. Please have all these papers with you if you contact us about this case. If your address changes- If your mailing address changes while you case is pending, notify us at [email protected], otherwise you may not receive notice of our action on this case. Please see the additional information on the back. You will be notified separately about any other cases you filed. U.S. CITIZENSHIP & IMMIGRATION SVC CALIFORNIA SERVICE CENTER P.O. BOX 30111 LAGUNA NIGUEL CA 92607-0 Ill Customer Service Telephone: (800) 375-5283 111111111111111111111111111111111111111111111111111111111111111111111111111 23 n OMB No. 1615-l)j)61; Expires 0113 112015 \ ·y •'!~ .. ,.. .,·. .... n . Form I-924A, A. Department of Homela'nd Security <""' U.S. Citizenship and Immigration Services Supplement to Form 1-924 ~ - (.I") Part 1. Information About Princip~l of the Regional Center Name: Last ·chan In Care Of: Street Address/P.O. Box: 9662 Kenwood Road City: Cincinnati (b)(6) I State: OH I Zip Code: 45242 Date of Birth Fax Number Telephone Number (mmlddlyyyy): (include area code): (513) 258-0871 (include area code): (513) 258-2216 Web site address: www. midwesteb5. com USCIS-assigned number for the Designated Regional Center (attach the Regional Center's most recently issued approval notice) !01031910178 Part 2. Application Type (check c,me) 2 013 ~ a. Supplement for the Fiscal Year Ending September 30, (YYYY) 0 b. Supplement for a Series of Fiscal Years Beginning on October I, __ (YYYY) and Ending on September 30, __ (YYYY) Part 3. Information About the Regional Center (Use a continuation sheet, if needed, to provide information {or additional management companies/agencies, regional center principals, agents, individuals, or entities who are or ~ill be involved in the management, oversight, and administration of the regional center.) A. Name of Regional Center: Kentucky Regional Center, LLC d/b/a Midwest EB-5 Regional Center Street Address!P.O. Box: 9662 Kenwood Road City: Cincinnati / State: OH /Zip Code: 45242 Website www.midwesteb5.com Fax Number (513) 258-0871 Telephone . (513) 258-2216 . Address: (include area code): (include area code): B. Name of Managing Company/Agency: TAG KENTUCKY, LLC Street Address/P.O. Box: 9662 Kenwood Road City: Cincinnati I State: OH IZipCode: 45242 Web site Fax Number Telephone Address: (include area code): (include area code): C. Name of Other Agent: Street Address!P.O. Box: City: I State: Izip Code: Web site Fax Number Telephone ~~~~ihl~i~~~~~~~~~~imii~~~~~-~~~nnc~lud~ear~ea~cod~~:~~~·~· r~·~~.~~clu~~a~rea~co~~:~~~ Form I-924A 01/03/13 Y Page I RCW1336451526 egarcia2 1924A 12/30/2013· 24 111111111111111111111111111111111111111111111111111111111111111111111111111 RCW1336451526 egarcia2 1924A 12/30/2013 111111111111111111111111111111111111111111111111111111111111111111111111111 RCW1336451526 egarcia2 1924A 12/30/2013 111111111111111111111111111111111111111111111111111111111111111111111111111 RCW1336451526 egarcia2 1924A 12/30/2013 GARY KCHAN 9662 KENWOOD RD CI~JCINNATI OH 45242 ...;K".T K Ci-i·KI~ 9662 KENWOOD RD CINCI~JNATI OH 45242 111111111111111111111111111111111111111111111111111111111111111111111111111 I RCW1336451526 I I egarcia2 1924A 12/30/2013 · j 25 0 0 Part 3. Information About the Regional Center (Continued) Answer the following questions for the time period identified in Part 2 of this form. Note: If extra space is needed to complete any item, attach a continuation sheet, indicate the item nUJ)lber, and provide the response. 1. Identify the aggregate EB-5 capital investment and job creation has been the focus of EB-5 capital investments sponsored through the regional center. (Note: Separately identify jobs maintained through investments in "troubled businesses.") Aggregate EB-5 Capital investment Aggregate Direct and Indirect Job Creation Aggregate Jobs Maintained $0 No I-829 petitions filed yet 0 .. ' . 2. Identify each industry that has been the focus of EB-5 capital investments sponsored through the Regional Center, and the resulting aggregate EB-5 capital investment and job creation. (Note: Separately identify jobs maintained through investments in "troubled businesses".) a. Industry Category Title:--- NAICS Code for the Industry Category Full Service Restaurants 7 2 2 5 1 1 -- Aggregate EB-5 Capital investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: $0 No I-829 petitions filed yet 0 b. Industry Category Title: NAICS Code for the Industry Category Limited Service Restaurants 7 2 2 5 1 3 ------Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: $0 No I-829 petitions filed yet 0 c. Industry Category Title: NAICS Code for the Industry Category See Addendum -- - Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: 3. Provide the following information for each job creating commercial enterprise located within the geographic scope of your regional center that has received EB-5 investor capital: a. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: l Aggregate EB-5 Capital investment: Aggregate Direct and Indirect Job Creation:· Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that 0 No 0 Yes have or will create or maintain jobs for EB-5 purposes? Form I-924A 01/03113 Y Page 2 26 0 0 Part 3. Information About the Regional Center (Continued) If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: b. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? D No DYes If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code .. EB-5 Capitallnvestment Direct and Indirect Job Creation • Jobs Maintained Form I-924A 01/03/13 Y Page 3 27 0 0 Part 3. Information About the Regional Center (Continued) (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: c. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? D No DYes If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: Fonn I-924A 01/03113 Y Page 4 28 0 0 Part 3. Information About the Regional Center (Continued) d. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0 No 0 Yes If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: e. Name of Commercial Enterprise: industry Category Title: N/A Address Street Number and Name: City: State: Zip Code: Aggregate EB-5 Capital investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0 No 0 Yes Form I-924A · 01/03113 Y Page 5 29 -I 0 0 Part 3. Information About the Regional Center (Continued) If yes, then identify the name and address of each job creating business, as well as the amount ofEB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: 4. Provide the total number of approved, denied and revoked Form 1-526 petitions filed by EB-5 investors making capital investments sponsored by the regional center. (Note: If an adverse action was ultimately reversed and the petition was approved, then note the case as approved.) Form 1-526 Petition Final Case Actions Approved Denied Revoked 0 0 0 5. Provide the total number of approved, denied and revoked Form I-829 petitions filed by EB-5 investors making capital investments sponsored by the regional center. (Note: If an adverse action was ultimately reversed and the petition was approved, then note the case as approved.) Form 1-829 Petition Final Case Actions Approved Denied Revoked 0 0 0 NOTE: USC IS may require case-specific data relating to individual EB-5 petitions and the job creation determination and further information regarding the allocation methodologies utilized by a regional center in certain instances in qrder to verify the aggregate data provided above. Form l-924A 01103/13 Y Page 6 30 0 0 Part 4. Applicant Signature Read the information on penalties i'n the instructions before completing this section. If someone helped you prepare this petition, he or she must compete Part 5. I certify, under penalty of perjury under the laws of the United States of America, that this supplemental form and the evidence submitted with it are all true and correct. I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit being sought. I also certify that I have authority to act on behalf of the Regional Center. S~nt Printed Name of Applicant Date (mmlddlyyyy) . ';/'e-::======Gary K. Chan 12/26/2013 Daytime Phone Number E-Mail Address (Area/Country Codes) (513) 258-2216 [email protected] Relationship to the Regional Center Entity (Managing Member, President, CEO, etc.) Managing Principal Part ·s. Signature of Person Preparing This Form, If Other Than Above (Sign Below) I declare that I prepared this form using information provided by someone with authority to act on behalf of the Regional Center, and the answers and information are those provided by the Regional Center. Attorney or Representative: In the event of a Request for Evidence (RFE), may the USCIS contact you by Fax or E-mail? D No DYes Signature of Preparer Printed Name ofPreparer Date (mmlddlyyyy) Firm Name and Address \ Daytime Phone Number Fax Number (Areal E-Mail Address (Area/Country Codes) Country Codes) / Form I-924A 01/03113 Y Page 7 31 0 0 Form I-924A, Supplement to Form 1-924 Kentucky Regional Center, LLC dba Midwest EB-5 Regional Center ID1031910178 Part 3. Information About the Regional Center 2. Identify each industry that has been the focus of EB-5 capital investments sponsored through the Regional Center, and the resulting aggregate EB-5 capital investment and job creation. Kentucky Regional Center, LLC doing business as Midwest EB-5 Regional Center (MERC) opts to use the methodology of counting jobs only as 1-829 petitions are approved as USCIS allows for Regional Centers. MERC has no sponsored capital investments in its approved industries in FY 2013. Industry Category Title: Hotels NAICS Code for the Industry Category: 72111 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Other Miscellaneous Store Retailers NAICS Code for the Industry Category: 4329 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/ A Aggregate Jobs Maintained: N/A Industry Category Title: Condominium managers' offices, residential NAICS Code for the Industry Category: 531311 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Lessors of Real Estate NAICS Code for the Industry Category: 5311 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Miscellaneous Manufacturing NAICS Code for the Industry Category: 339 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Community Care Facilities for the Elderly NAICS Code for the Industry Category: 6233 · 32 0 0 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/ A Industry Category Title: Residential Building Construction NAICS Code for the Industry Category: 2361 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/ A Industry Category Title: Commercial and Institutional Building Construction NAICS Code for the Industry Category: 23622 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A 33 0 0 STATEMENT OF GARY CHAN I, Gary Chan, am a Principal of Kentucky Regional Center, doing business as Midwest EB-5 Regional Center CMERC"). USCIS designated MERC as a Regional Center on April29, 2010, with an amendment request approved on June 25, 2013. MERC now timely files its Form 1-924A annual report for the fiscal year starting October 1, 2012 and ending September 30, 2013. The information in this form and all supporting documentation only apply to the 2012 fiscal year as required by the 1-924A instructions. 1. Aggregate amount of EB-S capital invested through MERC In FY 2013, the aggregate amount of EB-5 capital investment through MERC was $0. ' 2. Aggregate number of new direct and/or indirect jobs created through MERC New direct and/or indirect jobs are in the process of being created with the EB-5 capital already invested in KRC Fund I, LP. As permitted by USCIS, MERC has adopted the approach of estimating job creation based on the number of 1-829 petitions that have been approved. None of MERC's EB-5 investors are able to file 1-829 petitions yet, so there are no jobs to report yet. 3. The industries that have been the focus of EB-5 capital investments sponsored through MERC and resulting aggregate EB-5 capital and job creation in fiscal year 2012 MERC has no sponsored capital investments in its approved industries·in FY 2013. 4. Name, addresses, and industry category titles of each job creating commercial enterprise located within MERC's geographic scope that has received EB-5 capital Statement of Principal MERC l-924a Page 1 34 0 0 MERC currently has no job-creating commercial enterprises located within its geographic scope that have received EB-5 capital in FY2013. 5. Job Creating Businesses MERC currently has no job-creating businesses that have received capital investments in FY 2013. 6. Total number of approved, denied, and revoked 1-526 petitions In the FY 2013 none of MERC's investors' 1-526 petitions had, been approved yet. 7. Total number of approved, denied, an~ revoked 1-82 9 petitions MERC had no 1-829 petitions filed during FY 2013. Therefore, no 1-829 petitions were revoked or denied. Sincerely, Gary Chan Principal Kentucky Regional, Center, dba Midwest EB-5 Regional Center Statement of Principal MERC l-924a Page 2 35 Qvls;_~~~~ti~(JI:ciJ:Q~d seciJrity 0 24000 Avita Road, 2nd Floor Laguna Niguel, CA 92677 Date: JUN 2 5 2013 Terry Chan Cl 0 Kentucky Regional Center, LLC 7000 Houston Road, Suite 3 Florence, KY 41042 Application: Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program Applicant: Terry Chan Re: Request to Amend Regional Center Designation Kentucky Regional Center, LLC RCW1034150052 I ID 1031910178 This notice is in reference to the proposal that was filed by the applicant with the U.S. Citizenship and Immigration Services ("USOS") on November 22, 2010. The proposal 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 § 61 0 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. 187 4). I. Executive Swnm.ax:y of Adjudication A. Effective the date of this notice, USCIS approves the additional industry categories listed in Section III of this notice. · II. Procedural History On April 29, 2010, USOS approved Kentucky Regional Center, LLC for participation in the Immigrant Investor Program as a designated regional center. Based <;>n the initi~ designation, Kentucky Regional Center, LLC obtained approval for the following geographic area and industry categories: [~~:~~~~~{~_~_i~~:~~-J:~.-~-~~--~-===~~~~==·~~-=~-=-~::=~==~-· -~~~~~~=~~~=-~=-~-=-~---"'--·--·-······-··--~--~-~-.... ~~: 1 ...~~1.1.~1:1.~ ...... _,, ...... J.... ~P.!?~. -~~!~~--~~--~-~.1.1.~ .... ___ ,.,,_'---··--.. -- ...... ! www.useis.gov 36 0 0 Kentucky Regional Center, llC/ RCW 10 3415 00 52 I ID 10 3191 0 17 8 Page 2 ,.~ ...... ~.~-·-·-···"-·T···· .. ·-~-·---·- ...... _,_,_,.,~-·---·------·-·-·"-"··-- .. ---· .. ················-...... i I Ohio 1 Hamilton, Buder, Clermont and Warren . i L------·-----~------·-----•·--~-·-·---~~~------·-·----·------··--.. ---·---·-.. ------·-----·"~··· MH Entertainment I Regional Center Form Partnership, Ltd. I-526 Petition Approved on: Project 04/29/2010 Geographic Location: Campbell County, Kentucky Focus of Investment: loan III. Amendme:ilt Requestt Effective the date of this notice, USOS 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: 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 formal amendment by filing Fonn 1~924 if it seeks ,certainty 1n advance that changes in the industries or the geographic area will be permissible prior to filing Fonn I-526 petitions. 37 0 0 Kentucky Regional Center, LLC/ RCW1034150052/ 101031910178 Page 3 IV. Job Creation The amendment request did not involve changes in job creation because the approval of the industry categories was based upon the regional center initial proposal including the supporting business plan and the economic impact analysis. 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. V. Guidelines for Filing Form I-526 Petitions Each individual petition, in order to demonstrate that it is affiliated with the Kentucky Regional Center, 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 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. 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). 4. Legally executed organizational documents of the commercial enterprise. VI. Desigpee,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 610(a) of the Appropriations Act, a regional center must provide USCIS with 38 0 0 Kentucky Regional Center, LLC/ RCW1034150052/ ID103191 0178 Page 4 updated infonnation 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 infonnation 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 infonnation required on the Fonn I-924A Supplement to Fonn 1-924. Fonn I-924A, Supplement to Fonn 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 y,ear. The failure to timely flle a Form I-924A Supplement for each fiscal year in which the regional center has been designated for participation in the hnmigrant 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 tennination of the designation of the regional center. The regional center designation is non-transferable, as any changes in management of the regional center will require the approval of an amendment to the approved 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 [email protected]. Sincerely, · Daniel M. Renaud Acting Chief, Immigrant Investor Program · cc: Martin J. Lawler, Esq. 39 .ib' '• 0 ,------,..-.AliaoJoo_otEedE\9ss® shi~ping label here ..--...... ORIGIN JD:OXDA C5!3) 258~2216 · SHIP DATE: 27DECI3 GARY CHAN : , I ACTWGT: 0. 2 LB O~FICEMAX OMX0239 CAD: 60140561FSSR1320 \neutral .9682 KENWOOD ROAD CINCINNATI, OH 45242 BILL SENDER o1ng UNITED STATES US I I I TO us CITIZENSHIP&IMMI'GRATIO~s.ERVICES I i CA SERV CNTR ATN: EB5 PROC~~WG UN l • ·: \ " I· i j 24000 AVILA RD FL 2 .~~:D.ECt3-ll 2a1t I . , ·. . ;.· . j LAGUNA NIGUEL CA 9267~l-AMP:.~:··216· .. ·. 1613) 260-2216 AEF: " . · · '-''·. ' )HU: ' , • I PO: D[PT: I I ~ . '·-·-· . ., --- :·...... , ...... MON ,~. 3.0 D~C>10:3_0A ;§~~fl 79751655 6170, :(~: 'PRIORITY O:~~~j~!~Hll .: ~-·92617 ~ . ,','· CA-US SNA i\ ,(') •:C: j!2 I~ Iii: I~ ..... iRl : I / - I .I Align bottom of peel and stick airbill here. I 40 .. -~ .. .,....______ __o_o_c_I_D_-_-> _____ 2_o_1o_24_s_o_os_a_s ___() ______Q ___. 1111111111111111111111111~ 11111111111111111111111111111111~111111111 !lATE: OOCL.W91T D ~N FLNG EXl'8) PENALTY CERT COPY 09/03/2010 201024500685 RE'GSTRATk)NOf FORB:lN LIMI11DLIABLITY 125.00 .00 .00 .00 00 (LFA) Receipt This is not a bill. Please do not remit payment MIDWEST EB-5 REGIONAL CENTER 25 TOWN CENTER BLVD SUITE 104 CRESTVIEW HILLS, KY 41017 STATE OF OHIO CERTIFICATE Ohio Secretary of State, Jennifer Brunner 1960651 It is hereby certified that the Secretary of State of Ohio has custody of the business records for KENTUCKY REGIONAL CENTER, LLC and, that said business records show the filing and recording of: Document( s): Document No(s): REGISTRATION OF FOREIGN LIMJTED LIABILITY CO 201024500685 Witness my hand and the seal of the Secretary of State at Columbus, Ohio this 1st day of September, A.D. 2010. 9•·" ,., £,...... -- United States of America State of Ohio Office of die ~cretary of State Ohio Secretary of State Page 1 41 Doc ID ··> 201024500685 · Prescribed by: Expedite this Form: (Select One) ·· The Ohio Secretary of State -·:~ifu' Central Ohio: (614) 466-3910 PO Box 1390 'L'oll Free: 1-877-SOS-FILE (1-S??-767-3453) Columbus, OH 43216 H• Requlrn an ac:tdKionallee Dl $1oo- • Non Expedite PO Box 670 www.sos.state.oh.us Columbus, OH 43216 e-mail: [email protected] RECEIVED REGISTRATION OF A FOREIGN LIMITED LIABILITY COMPANY SEP 0 1 2010 Filing .Fee $125.00 SECRETARY OF STATE THE UNDERSIGNED DESIRING·TO FILE A: (CHECK ONLY ONE (1) BOX) (1) pRegistration of a Foreign·For-Profit Limited (2) DRegistration of a Foreign Nonprofrt Liability Company Limited Liability Company (106-LFAi . (106·LFA) ORC 1705 ORC 1705 State of Organization Kentucky State of Organization Date of Fonmation 26-Mar-10 Date of Formation Name of limited liability company in its state of organization: Ke~tucky Regional Center, LLC Name under Which the foreign limited liability company desires to transact business in Ohio (if different from its home-state. name) is: Kentucky Regional Center, LLC (also dba· Midwest EB-5 Regional Center) Neme must include oneollhe folioiMng words or abtlrevia1Jona: 1imited til!bUity company," "limited." "LLC,' "L.L.C.," "ltd.," or '11d'' 0 Ctulck here If addit/011a/ provisions are attached The address to which Interested persons may direct requests for copies of the limited liability company's operating agreement, bylaws, or other charter documents of the company is: Paul J. Carpel, Registered Agent Name 25 Town Center Blvd. Suite 104 Street Address I P .0. BOx AIW8$S Crestview Hills Kentucky 41017 City State lip COde 533B Page 1 of2 Last Revised 8/2512010 Page 2 42 Doc ID ··> 201024500685 The limited liability company hereby appoints the following as its agent upon whom process against the limited liability company may be seNed in the state of Ohio. The name and complete address of the agent is: James A Metre Name 11800 Con ray Rd Cin.cinnati Ohio 45249 City State Zip COde 0 If the agent i8 an Individual and using a P.O. Box, check this box to certify the agent Is a resident of the state of Ohio. The limited liability company irrevocably con~ents to service of process on the agent listed above as long as the authority of the agent continues, and to service of process upon the OHIO SECRETARY OF STATE if: a. an agent is not appointed, or b. an agent Is appointed but the authority of that agent has been revoked, or c. the agent cannot be found or served after the exercise of reasonable diligence. REQUIRED Articles and original appointment of agent must be (eigned) by a member, manager or other representative. Slgni!IUre Date Print Name Signature Dale Print Name 5338 Page 2 of 2 Last Revised 8125/2010 Page 3 43 Doc_ID_··_> __2_0_11_28_5~00_22_1 __Q_· ___·---=-·====:::::::::======:::0~~· ~--==·====;;------:----~ 11111111111111~111111111111111111111111111111111111111111111111111111 DATE: lXlCI.JMaiTD C»:.S~N Fl.NG EXPED PENALTY carr COPf 1011212011 201128500221 TRACE NAME/ORIGINAL FliNG (RNO) 50.00 300.00 .00 .00 Receipt This is not a bill. Please do not remit payment. THOMPSON HlNE LLP ATTN:CAROL R RUSSaL 41 S. HIGH ST., #1700 COLUMBUS, OH 43215 STATE OF 0\HIO CERTIFICATE Ohio Secretary of State, Jon Husted 2052989 It is hereby certified that the Secretary of State of Ohio has custody of the business records for MIDWESTEBS REGIONAL CENTER and, that said business records show the til~ and recording of: Docwnent(s): ·Document No(s): TRADE NAME/ORIGINAL FILING 201128500221 Date of First Use: 10103!2011 KRC FUND!, L.P. Expiration Date: I0/12f2016 _ 2618 VINE STREET CINCINNATI, OH 4S219 Witness my hand and the seal of tbe . Secretary of State at Columbus, Ohio this 12th day of October, A.D. , 2011. United Statts of America ~1/J;/ State ofObio Office of the Secretary of State Ohio Secretary of State J ' Page 1 44 Doc ID ··> 201128500221 Fonn 534A Prnerlbed by the:· Expod!te thlt fonn: (select ont) Ohio Secretary of State Mall form to one of the following: PO Box 1390 Centnal Ohio: (614) 466-3910 (?) e.oc~~ Columbus, OH 432111 Ton Free: (877) SOS-FILE (767~3) - """"''" ed!tP!sW, !!111"- 0 Noo _,. PO Box 670 www.IIOs.statll.oltua· Columbus. OH 43216 [email protected] NAME REGISTRATION Filing Fee$50 !CHECK ONLY ON!; (1) BOX) 1!1 Trad&Name C Fictitious Name (167-RNO) (169-NFO) 011111 of first use: 10/03/2011 Name being registered or reported: MidwestEB5 Regional Center Name of the Registrant: _KR_C_F_u_n_d...;I,_L_.P_. ______ NOTE: If the registrant 1s a foreign corporation lleense [J lndl~dual [] Unincorporated Aasodatlon c Partnership c ProfessiOnal Association Reglstmlon I# • If any D Other El Limited Partl'lership 1961568 Registration II n ,- N If foreign, Jurisdiction af Formation ,::;:; z ~ -: 0 c Limited Llabifity Partnership (""') · Regl8tralion II ...... ··;' If fllrelgn, Jurisdiction of Formation ···: N :r::>o c Lim lied Uallility Company ::1: Registration II t,.. 9 5~,' If foreign, Jurladlcllon ot Formation r::-- Q 0 c Ohio Corporation Charter t1 [] Foreign Corporation Ohio licellliOII Jurisdiction of Formation Farm 53~ Po,elol3 lost ftl'lbeoj: ll/01/08 Page2 45 Doc ID --> 201128500221 All1'1!91iilran111 must complete the lnformatJon In this see.tlon I SU$lness address: 2618 Vine Street MaiHng Address Cincinnati OH 45219. City State Zip Code The general nature of the buslneu GOnt:Jucted by the registrant: Real Estate .and Economic Development Corn):!lata the InfOrmation In thll..ct!on If reglitJ:ant 1$ e pat1:nenihlp not ~red In Ohio J I Provlcle the name and address of at least one general partner: Name Address NOTE: Pursuant to OAG 89-081, If a Q!)l)elal partner Is a foreign COI'poratlon, KmYat be licensed to transact businasa In Ohio; ~a general partner Is a foreign c:orporali By signing and submitting t,llts fonn to the Ohio secretary of State, the undersigned hereby certifies that he or She .,... the requlstte:authority to execute this document REQUIRED Must be autllenlk:a1ld !llslllld) by tho IIIUfmlm or •naulhorlzed 1 r II!Pfea.erUtive SlgnaiUIIl Date '(~f.....((.'( C..\1 AI\) , Principal Print Name Signalulll Date Print Name FQI'ITIS34A les1 t\aWid: 12/0!i'os Page 3 46 201128500221 ------Doc ID --> 0 All I'I!IIIStra.lltB m~,~at c;Ompletll the Information In thla sec.tlo!'l I BUlliness address: 2618 Vine Street MaiRng Address Cincinnati OH 45219 City S1iii8 Zip Code The general nature at the business conducted by the reglslri;lnt Real Estate .and Economic Development Complete the InfOrmation In this aedon If regllitrant Is a ~rtnershlp not registered In Ohio I Provide the name and addl88$ of at least one general·partner: Name Address NOll:: Pursu1111 to OAG ~1. Ita general paJtrMII' !!Ia fonllgn corporation, kmuGI·be liCensed to transact busineaalnOtdo; na general pal'lllllr II a fOreign ~n lioenalld In Ohio undel' an aaaumiQ name, please provide the assumed name and tile name q 1'11Qilto111d In lt8 juriadlctJon of fonnallon. By elgnlng and submitting this form to the Ohio Secretary of Statll,.the underalgned hereby certifies that he or she has the nqulalie authority to execut8 this document R&QUIRED Must be authenticated (argnedj by tho 111\lfslranl or ~n autholtzlld representa11ve Signa lura Date '"('~l..l-Y (.HAN , Principal Prf!lt Name Signature Oate Print Name Peae2ol3 Page4 47 Doc ID ··> 201028500053 0 0 11111111111111~111111111~ 1111111111111111111111111111111111111111111 DATE: DOCUMENT 10 DESCRIPTION . FlUNG EXP£0 PENALTY CERT COPY 10/1212010 201028500053 ARTICLES OF ORGNZTNJOOM. PROFIT 125.00 .00 .00 .00 UM.LIAB. CO. (LCP) Receipt This is not a bill. Please do n.ot remit payment. THOMPSON HINE LLP 127 PUBLIC SQUARE ATIN: EILEEN M. GRESSOCK CLEVELAND, OH 44114 STATE OF OHIO CERTIFICATE Ohio Secretary of State, Jennifer Brunner 1968307 It is hereby certified that the Secretary of State of Ohio has cU:Stody of the business records for SV ARX,LLC and, that said business records show the filing and recording of: Document(s) Document No(s): ARTICLES OF ORGNZTNIDOM. PROFIT LIM.LIAB. CO. 201028500053 Witness my hand and the seal of the Secretary of State at Columbus, · Ohio this 6th day of October, A.D. 2010. 9 .. ·l' (£ .... United States of America State of Ohio · Office of the Secretary of State Ohio Secretaly of State Page 1 48 Doc ID ··> 201028500053 Fonn 633A PI'IIICI'Ibec:l by the: Expedite this fonn: (select one) Ohio Secretary of State Mefl form to one of tt~e following: 0 EllpediiR PO BOll 1390 Central Ol'llo: (614) 466-3910 Columbua, OH 4U18 Toll Flee: (877) SOS..FII.E (767·3453) .-. Begyllpa en lfldftJpMI 1M of 1190.,. www.sos.stetJ.oh.us 0 Non EJ.padlte PO Bo.lc 670 BLIN,[email protected] Columbu,, OH 4321G ~ ... ,..,.\It,.-..,,,..,_.~.,.....""" .. '""· . ,.,.,.,.....,.~,,.•~·-•M'I\fll~, .... ., .... ,,t.-.:.=·r•.:o• .. J.....,.,..n.JMN...... ,. ARTICLES OF ORGANizATION FOR A DOMESTIC , LIMITED LIABILITY COMPANY Filing Fee: $125.00 (1) IZl Artlelea of Organization fot Domestic (2) 0 Artfc:les at Organization for DomtaUo For-Profit Umlted Uablllty Comp•ny Nonprofit Umlled Llablllty Compeny (1111-l.CA) (111!-LCA) ORC11'0CI ORC nos r C·i· Name of limited liability company -q ~ :-'1 SVARX, LI..C Nome mUSI!noluile one ot IIIII foiiowing WOI'da 01 IIIIH1IWIIIOI'Ia; "'IIMMICCIIIIbiMy compa~,· ,lmlll!d,' 'LLC.' 'L.L.c .• ' ~ .• 'or '1llf Effeotlve Date (Tile legallllllll~ of tiM llmtllrd llabil~ COqlfmy llog!N apoa lilt flllllg (o,tlonlll ' ffltNdtJI'IY'IY of lllooftlclallcw on • tn.r dl'l!l.llpllelntd thalli notmoro 111111 nln~ n,oe .-riiUng) Thill llm~ed Ueblllty comp1ny shall exist for IOPikNIIII) Period ot EiiCIIIIWICf Purpoee IOIIUona~ 0 Check here ff tldd/tJon•l prov/lllol'llf ,,. fttached FormS33A Paae1 of s Llat ReviJecl: 8/21/08 ""INO' .. ~..,.,. ,.,.__ Page 2 49 Doc 10 ··> 201028500053 Q ·~--~__()______ ORIGINAL APPOINTMENT OF AGENT The undersigned ault1ol1zed member{$), manager( a) or repre&lll'ltati'lt(l) Qf SV A.R.X, LLC' Name of l.lmlttd Llllbility COmpany hereby epPOtnl tht following to be StaMoly Age111 upon wllom any Pt1Xlllll, nolle& or demand required or permJtl1!d by statute to be oervtd upon the llmllad liabUity company may be "rvtCI. Tho name aftd addrota at the agent is Nama of Agent J3UO.I!at 9111 Strel:l Mllltog Address Ohio 44114 City Statr: ZJp Code D If the eSJiftt It en Individual end ualni. ~ P.O. Box, ;htek thlt box to D11r1ffy the agent Ill In Ol!ll)f8!11deftt. ACCEPTANCE OF APPOINTMENT ihe undalllgned. named herein as the statutory agent fot SV ARX. Ll.(' Name of Umltr:cl Uabllily company / ~ Age11t'l Si;nature 'ormSUA Pase 2 of!! Last Revl5ed: 8/21/08 ~- .... ,.,. .... , __ Page3 50 Doc ID ··> 201028500053 By signing and aubmlltlng thlt form to the Ohio Sec:mtaty or Slate,lhe undetllgnt ReQUIReD ArtlciN cwl qlnat appotntmant of aotnlmust be autnentJc:afad (ll~nld) ··, by a member, manager or Olher r81)reeentat~vt. · Pnnt Name (See Instructions Bilow) fgrm.SUA -- "'>•···-.-- l.llt Revlsld: 8/21/08 Page4 51 0 ii .. · ;··· RECEIPT NUMBER CASE TYPE 1924A RCW1,300251014 Supplement to Form I-924 RECEIVED DATE APPLICANT · December 31,2012 CHAN,GARYK i. ( ': .. '·' NOTICE DATE PAGE . '. t, ';,,. January 02, 20I3 I of I , , .· ; .; ~--~~------~------+------~------~~~~~~~~~~ KENTUCKY REGIONAL CENTER LLC D/B/A MIDWEST EB.S NOTICE TYPE: Receipt Noti.ce. . , . ;;.' • ~'. · .. , REGIONAL CENTER ' .· I021 DELTA AVE CINCINNATI OH 45208 ' ''.. ~ '· ·. '.'- Receipt Notice • This notice confirms that US CIS received your application or petition as shown above. Please ~efer~nce the receipi mimbh,. abo~~; ~~·: '. ; 1 any correspondence with USCIS. If any of the above information is incorrect, please immediately contact us at . . · .: . :: . ·. ·: .. ·, .. · '· ' • : . ·:. · · · [email protected] to let us know. This will help avoid future problems. . ·.. . i ., .,_; · . . . . ~' ' ' This notice does not grant any immigration status or benefit. It is not even evidence that this case is still pending. It ·oi:lly sho\vs that the application or ·, . petition was filed on the date shown. . : · ;·· .· '· . ; · :;::< · ''•i . T•, •,. Processing time- Processing times vary by kind of case. You can check our website at WWW.l./Scis.gov for our current processing tirries for this. kind 9f; ·· case at the particular office to which this case is or becomes assigned. If you do not receive an initial decision or update from us within our cUrrent ·· · processing time, email us at [email protected]. Save this notice, and any other notice we send you about this case, and please ;, · make and keep a copy of any papers you send us by any means along with any proof of delivery to us. Please have all these papers with you if you ·· ·. i ·; contact us about this case. · · , · ' · ..'. ·, ,.: · , · ·\ :i· ... · '' : . . . ' ; ·. . .,.· .. '.· .'. \ ·. ·.... ,·. ,'i' If your address changes- If your mailing address changes while you case is pending, notify us at [email protected]'ov! '·. ' otherwise you may not receive notice of our action on this case. ·.. · · · ·::·: •: :·~.' ... · ··:, '''·.·' '·, ,::. ,· ''., . ·, . ~ ' I ' . ~ . ' . '' .' .. : . i ·;. ~: .. ' . . ·\ .. '! !'.· ,! . ·'·:· ·f ", Please see the additiorial information on the back. You will be notified separately about any other cases you filed. , ·~, . '· ' :, . .: . I ' . I.: U.S. CITIZENSHIP & IMMIGRATION SVC : ...\. . i CALIFORNIA SERVICE CENTER ' [..) •; ',: ..... P.O. BOX 30111 :. :·.. · LAGUNA NIGUEL CA 92607-0111 Customer Service Telephone: (800) 375-5283 11111111111111111111111111111111 1111111111111111111111111 111111111111111111 . . . ' :-::'·. ,, '· '' • ; '~:\ • ! ;! . ' •l ,I '. \, 1,52,: k·: . '.·.a·~ .. ' ~--· ' - . :!, . ..t) "" OMB No. 1615-0061; Expires 09/3012012 .. .:~ Form I-924A, r;~ Department of Homeland Security ,~ ...... U.S. Citizenship and Immigration Services .Supplement to Form 1-924 1-···:... r .... .:. :~~;~ :~.:·~~· Part 1. Information About Principal of the Regional Center ,.. ..,, ...... •: .. ;;., Name: Last .:::r1 .. J:.:u. Chan In Care Of: StreetAddress/P.O. Box: 1021 Delta Avenue (b)(6) City: Cincinnati I State: OH Izip Code: 45208 Date ofBirthr-----..... Fa.X Number Telephone Number (mmlcidY.Y.Y.Y)I11 l(includeareacode): (513) 258-0871 (include area code): (513) 258-2216 Web site address: http://www .midwesteb5. com USCIS-assigned number for the Designated Regional Center (attach the Regional Center's most recently issued approval notice) !01031910178 Part 2. Application Type (Check one) !&] a. S~pplement for the Fiscal Year Ending September 30, 2 012 (YYYY) D b. Supplement for a Series of Fiscal Years Beginning on October I, __ (YYYY) and Ending on September 30, __ (YYYY) Part 3. Information About the Regional Center (Use a continuation sheet, if needed, to provide information for additional management companies/agencies, regional center principals, agents, individuals, or entities who are or will be involved in the management, oversight, and administration of the regional center.) A. Name of Regional Center: Kentucky Regional Center, LLC d/b/a Midwest EB-5 Regional Center StreetAddress/P.O.Box: · 1021 Delta Avenue City: Cincinnati State: OH Zip Code: 45208 Web site http://www .midwesteb5. Fax Number Telephone 513 258 0871 Address: com (includeareacode): < l - (includeareacode): (513) 258-2216 B. Name of Managing Company/Agency: TAG Kentucky, LLC StreetAddress/P.O. Box: 1021 Delta Avenue zip Code: 4_5208 City: Cincinnati I State: OH I,. .' \ Web site Fax Number (513) 258-0871 Telephone (513) 258-2216 \'~ I I Address: (include area code): (include area code): it C. Name of Other Agent: Street Address/P.O. Box: City: State: Zip Code: Web site Fax Number Telephone Address: (include area code): (include area code): Form I-924A (I 1/23/10) II IllllllllllllllijifnijWIIIII lllllllllllll!llllll IIIII IIIII III T-) ; ·RC}W13'0025t014 : r+~_,·og_arci.a~ 'i924A', · 12/31/2012 53 . 0 0.. Part 3. · Information About the Regional Center (Continued) Answer the following questions for the time period identified in Part 2 of this form. Note: If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and provide the response. 1. Identify the aggregate EB-5 capital investment and job creation has been the focus ofEB-5 capital investments sponsored through the regional center. (Note: Separately identify jobs maintained through investments in "troubled businesses.") I Aggregate EB-5 Capital Investment Aggregate Direct and Indirect Job Creation Aggregate Jobs Maintained I I (b)(4) No I-829 petitions filed yet 0 2. Identify each industry that has been the focus ofEB-5 capital investments sponsored through the Regional Center, and the resulting aggregate EB-5 capital investment and job creation. (Note: Separately identify jobs maintained through investments in "troubled businesses".) a. Industry Category Title: NAICS Code for the Industry Category Restaurants 7 2 2 1 1 ·0 ------Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: I I (b)(4) No I-829 petitions filed yet N/A b. Industry Category Title: NAICS Code for the Industry Category Healthcare, Tech & Life Sciences R&D ------5 4 1 7 Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: I (b)(4) No I-829 petitions filed yet 0 c. Industry Category Title: NAICS Code for the Industry Category See addendum ------Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: 0 0 0 3. Provide the following information for each job creating commercial enterprise located within the geographic scope of your regional center that has received EB-5 investor capital: a. Name of Commercial Enterprise: Industry Category Title: KRC Fund I, L.P. Restaurants;HC,Tech & Life Sciences R&D Address (Street Number and Name): City: State: Zip Code: 1021 Delta Avenue Cincinnati OH 45208 Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: I I (b)(4) No I-829 petitions filed yet N/A Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that 0No ~Yes have or will create or maintain jobs for EB-5 purposes? Form 1·924A (llf23110) Page 2 54 0 0 Part 3. Information About the Regional Center (Continued) If yes, then identify the name and address of each job creating business, as well as the amo\Ult of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: SVARX, LLC Restaurants Address (Street Number and Name): City: State: Zip Code: 2618 Vine Street Cincinnati OH 45219 EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (b)(4) I I No I-829 petitions filed yet N/A (2) Business Name Industry Category Title: Zipscene, LLC Healthcare, Tech & Life Sciences R&D Address (Street Number and Name): City: State: Zip Code: 2718 Vine Street Cincinnati OH 45219 EB-5 Caoital Investment: (b)(4) Direct and Indirect Job Creation: Jobs Maintained: I I No I-829 petitions filed yet N/A b. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that nave or will create or maintain jobs for EB-5 purposes? 0No 0 Yes f yes, then identify the name and address of each job creating business, as well as the amo\Ult of EB-5 capital investment and job reation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code EB-5 Capital Investment Direct and Indirect Job Creation Jobs Maintained Fonn I-924A (11/23110) Page 3 55 0 0 Part 3. Information About the Regional Center (Continued) (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: c. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0No 0 Yes If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: Fonn I-924A (11123/10) Page 4 56 0 0 Part 3. Information About the Regional Center (Continued) d. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0No 0 Yes If yes, then identifY the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: e. Name of Commercial Enterprise: Industry Category Title: N/A Address Street Number and Name: City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0 No 0 Yes Form I-924A (11123/10) Page 5 57 0 0 Part 3. Information About the Regional Center (Continued) If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: 4. Provide the total number of approved, denied and revoked Form 1-526 petitions filed by EB-5 investors making capital investments sponsored by the regional center. (Note: If an adverse action was ultimately reversed and the petition was approved, then note the case as approved.) Form 1-526 Petition Final Case Actions Approved Denied Revoked 0 0 0 5. Provide the total number of approved, denied and revoked Form 1-829 petitions filed by EB-5 investors making capital investments sponsored by the regional center. (Note: If an adverse action was ultimately reversed and the petition was approved, then note the case as approved.) Form 1-829 Petition Final Case Actions Approved Denied Revoked 0 0 0 NOTE: USC IS may require case-specific data relating to individual EB-5 petitions and the job creation determination and further information regarding the allocation methodologies utilized by a regional center in certain instances in order to verify the aggregate data provided above. Form I-924A (11/23/10) Page 6 58 0 0 Part 4. Applicant Signature Read the information on penalties in the instructions before completing this section. If someone helped you prepare this petition, he or she must compete Part 5. I certify, under penalty of perjury under the laws of the United States of America, that this supplemental form and the evidence submitted with it are all true and correct. I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit being sought. I also certify that I have authority to act on behalf of the Regional Center. Signature of Applicant Printed Name of Applicant Date (mm/ddlyyyy) ,. ....--:? / ~/__...?' ~-c::::_ [ Gary Chan 12/28/2012 Daytime Phone Number E-Mail Address (Area/Country Codes) (513) 258-2216 [email protected] Relationship to the Regional Center Entity (Managing Member, President, CEO, etc.) Managing Principal Part 5. Signature of Person Preparing This Form, If Other Than Above (Sign Below) I declare that I prepared this form using information provided by someone with authority to act on behalf of the Regional Center, and the answers and information are those provided by the Regional Center. Attorney or Representative: In the event of a Request for Evidence (RFE), may the USCIS contact you by Fax or E-mail? 0 No 0 Yes Signature of Preparer Printed Name ofPreparer Date (mm/ddlyyyy) Firm Name and Address Daytime Phone Number Fax Number (Areal E-Mail Address (Area/Country Codes) Country Codes) Form I-924A (11123/10) Page 7 59 0 0 Form I-924A, Supplement to Form 1-924 Kentucky Regional Center, LLC dba Midwest EB-5 Regional Center ID1031910178 Part 3. Information About the Regional Center 2. Identify each industry that has been the focus of EB-5 capital investments sponsored through the Regional Center, and the resulting aggregate EB-5 capital investment and job creation. Kentucky Regional Center, LLC doing business as Midwest EB-5 Regional Center (MER C) opts to use the methodology of counting jobs only as I-829 petitions are approved as USCIS allows for Regional Centers. MERC is also seeking an addition of Construction as an industry, which was erroneously omitted in the most recent RFE listing approved industry codes. Also incorrectly listed in the RFE was the restaurant NAICS, which according to the initial project submission should include NAICS codes 7223, 7224 and 7225 (by 2012 NAICS codes) or 722, 7221, 7222,7223 and 7224 (by 2007 NAICS codes). I lofthe EB-5 capital has been expended in the planning, design and (b)(4) renovation of multiple full-service restaurants, which are currently under construction. IJofthe EB-5 capital has been expended in a Healthcare, Technology, and Life ~esearch & Development company. Industry Category Title: Hotels NAICS Code for the Industry Category: 72111 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/ A Aggregate Jobs Maintained: N/ A Industry Category Title: Retail Stores NAICS Code for the Industry Category: 4539 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/ A Aggregate Jobs Maintained: N/ A Industry Category Title: Condominiums/Apartments NAICS Code for the Industry Category: • 53131 Condominiums • 5311 Apartments Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Office Buildings 60 0 0 NAICS Code for the Industry Category: 5311 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/ A Aggregate Jobs Maintained: N/ A Industry Category Title: Light Industrial/Warehouse NAICS Code for the Industry Category: 339 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/ A Industry Category Title: Continuing Care Retirement Communities NAICS Code for the Industry Category: 623311 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Mixed Use: Retail Store, Condominiums and Apartments NAICS Code for the Industry Category: Mixed Use • 4539 Retail Store, • 53131 Condominiums, and • 5311 Apartments Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/ A Aggregate Jobs Maintained: N/ A Industry Category Title: Mixed Use; Office Buildings and Retail Stores NAICS Code for the Industry Category: Mixed Use • 5311 Office Buildings and • 4539 Retail Stores Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/ A Aggregate Jobs Maintained: N/ A 61 '( J.. , ~ 0 0 STATEMENT OF GARY CHAN I, Gary Chan, am a Principal of Kentucky Regional Center, doing business as Midwest EB-5 Regional Center ("MERC"). USCIS designated MERC as a Regional Center on April29, 2010. MERC now timely files its Form 1-924A annual report for the fiscal year starting October 1, 2011 and ending September 30, 2012. The information in this form and all supporting documentation only apply to the 2012 fiscal year as required by the 1-924A instructions. 1. Aggregate amount of EB-5 capital invested through MERC In FY 2012, the aggregate amount of EB-5 capital investment through MERC was $5 million. 2. Aggregate number of new direct and/or indirect jobs created through MERC New direct and/or indirect jobs are in the process of being created with the EB-5 capital already invested in KRC Fund I, LP. As permitted by US CIS, MERC has adopted the approach of estimating job creation based on the number of 1-829 petitions that have been approved. None of MERC's EB-5 investors are able to file 1-829 petitions yet, so there are no jobs to report yet. 3. The industries that have been the focus of EB-5 capital investments sponsored through MERC and resulting aggregate EB-5 capital and job creation in fiscal year 2012 MERC has sponsored capital investments in its approved industries as follows: Restaurants 722110 f-- Healthcare, Technology, 5417 and Life Sciences (b)(4) Statement of Principal MERC 1-924a Page 1 62 0 0 Research & , Develqpmeqt I \ 4. Name; addresses, and industry category titles of each job creatfing commercial enterprise located within MERC's geographic scope that has received EB-5 capital MERC currently has one job-creating commercial enterprise located within its geographic scope that has received EB-5 capital. This commercial enterprise is KRC Fund I~ located at 1021 Delta Avenue, Cincinnati OH 45208. It funds job-creating activities in the industry categories of Restaurants and Health care, Technology, and Life Sciences Research & Development. 5. Job Creating Businesses KRC Fund I, LP has channeled EB-5 capital to two job-creating businesses pursuant to its comprehensive business plan: SV ARX, LLC and Zipscene, LLC. SV ARX, LLC has received I IZipscene has receive~ I (b)(4) 6. Total number of approved, denied, and revoked 1-526 petitions In the FY 2012 none of MERC's investors' 1-526 petitions had been approved yet. 7. Total number of approved, denied, and revoked 1-829 petitions MERC had no 1-829 petitions filed during FY 2012. Therefore, no 1-829 petitions were revoked or denied. Sincerely, Gary Chan Principal Kentucky Regional Center, dba Midwest EB-5 Regional Center, LLC Statement of Principal MERC l-924a Page 2 63 U.S;U~pllrinc~~ ofltcfmci~M$~~6rit)· •··...... 24000 Avila Rond, :i"' Floor · · l)tguna Nig11~l, CA. 92677 April29, 201.0 Andrew Moffe Kentucky RegionalCenter, LLC 7000 Houston Road, SuiteJ Flore1ice, Kelirucky41 042 Application: Request fot Desig11ati(j1l a:s aRegimial Center Applicant(s): Andrew Moffe · Re: Keritucky Regional .Center, LLC W09000990 Pursuant to Section 610 ofthe Appr9priatiol~s AcfOf 1'993, onSepte1nl~er 29, 2_009, And1'e\VMoffe sub1i1irLed a proposal seeking ar>r>roval and designation by u.s: Citizenship and Immigration ·Services (USCIS) of the Kelitucky Regi,onaiCenler,.LLC. Based on its review a11d. GEOGRAPHIC AREA: The Ke11tucky Regional Center, LLC shall have a geographic scope w.hich includes r.he Kentucky counties of CamppeU, Kenton aild Boone and the Ohio counties ofHainilt01i! Butler, Clennont and Warren. FOCUS OF INVESTMENT ACTiviTY: As depictedi11 the economic n10dj:!l,[l1e ~eneral proposalarid'tlie~t:onol11ic analysis~theRegipnal Ceiuer will engage in the·following ec()nomic activiti~s: d~velop; cqnstrucr, ovyh; n1anage aq~ operaxeaJJ en1errai Dnie.nt district composed of retail, commercial an,d ente~tainment .business¢'5, indudi,)g but not limite~! to. restaurants, pars,eareries and any other vei"ities for e1irertalnment or recreation. The Regional Cenref for EB•S Itnmig,;a11fpurposes shall··focuslnvestmCiits i.nto new .comh1ercial enlerptises in rhe following nJne (9) targedtldustry ecoi1omlc clusters: · Ho~els. Re$rai.1i;Ki{t~ 64 Kei1tucky Regional Ceiitei·; LLC/ VV0900099Q . Page 2 · 3. Retai I Stores 4. Condominiums/ Aparnnents 5. OfAce Buildings 6. Light:.Industrial/Wai'ehouse 7. Co11tinui1ig Care Retireii'ietitCoimi1unlth~s 8. Mixed Use: Retail Store, Cotidcii11inltni1s and Aparhi1ents 9. Mixed Use: Office Buildings and Retail Stores If any investment opportunities arise that are beyond the scope ofthe approved i 1icluslry cluster$, then an amendmenr would be required to add that cluster. · The geographic focus ofthis area mily contain someHigh Uneti1j)l6yt11etH targeted Employment Areas· (TEAs) as designated .b)' the State of Kentucky o~ theSt~teof ()hiQand nlraJ'fEAs~ <)scldlned in 8 CFR.204.6{e}. Therefore,. the minLniun1 capital investri1e.tlt th.ieshold. for aqyi1~dividt1a I immigrant invesm~e1u intb an approved .commercial.emeq)rise throughout the l~egional CentersbaU be nqtlessthan $500,000;if the investmenl target is located within a TEAor$1,000,000 if iris located outside ofa TEA. No debt arrange111enr will be acceptable unlessit is secured by assets ov.rned by the alielientre]:lreneli.l'. A full capital investment mus1 be made and placed at risk. For any alien requesting the reducedth.resholdof $SOO,QOO.based tlpon aninvestmentln a Targeted Employment area~ the alien must estilbiish.~t the time offllingqfthe I-526 petition that ei.ther rheinvestn:ient wiH be n'lade in. a TEA desigila:ted area or was in a IEA.designat¢9 area.at the time ofthc alien's initial investt11ent imo the enterprise. EMPLOYMENT CREATION Immigrant investors who flle petitions for commercial enterprises located in the Regional Center ani:a must fulftll aU of the requirements set forth .itl8 ·CFR 204.6, except th~t the petition .need not show that 1·he new commercial enterpris~screated .tennew jobs indirectly asarestt.h:·oftb: immigrant invesror's i.nvcsuuen1:. This derermlnarionhas been established. by way. ofUSCIS' acc~pranc:e qft:he ftnal e~onc>.mlcanai) 1 Sis 1hat. is con1ained as parr of the approved Regional Center pri,:lpQsal·and its iqi:Jirectjobcre:ation.l11ode.l. and multipliers contained within the fin·al approved Regional Cente:rapplicatloilpackag~; Rather, the inye$tOI' must show at the tin1e of removal of conditions thatthey perfon11ed the.activiries described in the model. and on which the approved methodology is .based. ln adcl.ilion,wherejobtreationor Jlreservation ofe.xisting.jobsis claimed based on ct.n1u.ltipUerroored in underlying new "direct jobs", the immigrant investor's itidividtial I-526 petitioi1 affiJiarechyi[h your Regional Center~ should. include as stipporting evidence: • A con:ipre.hen~ive detailed bu$il1ess plctn.with supJ:>ortingAnancial, nt<)rketi ng and relared .data and analysis.providi.ng a rease>nable .basisJorprojecting c;t·eati?n ()fa_tiy·new. direct jobs. tor ''qualifyi11g einployees" to be achieved/realized w.irhi.t1 r\.vci years piirsuant ro 8 CFfl. 204;6(j) (;~)(B). Ai1 alieti inVestor'si-829 petition toremove.the c()nditio.t1s W.hic;hwas based.on i~~rr~i1 etit eil1'j) IS),yl1iel.i t r,e~c:i tds :gtffl ~i.~t)fro:;d ¢in QllS,tra te ~he'· D~ln1l)f!rj() f:cjti ~ li 11~9 •. ~D{Pt?yee~· \~;l~ose_.fobs,\xc:i·~ ·..·.·. :·.. ·.. · Ci:.(;!at¢d·d.irecd}'>· ·. · · · · ·· · · ·· · · · · ·. · · ·. :• 65 0 Kentucky Region;} I Ceme.r, LLC/ W09000990 Page 3 Add.itional·Guidcliriesforindividual:IInmigrmtlrivf!stor~;visa,Petition fi:.s26) Based upon the.review of your proposal, the ManhattanH~rbourPrqject:{consisdng ofa mixed-use commercial center tharwiiHnclude a hoi:el, retailstores, rest'aLii~nts, resid~nct;:s aiid oftlce bi:JildiJigs} is approved as a Capita.lln.vestme.nt Project fot' your regionald!nter, To demonsn~rerh~ran itldivi~lualaiien investor .is . assoCiated with this proJect and. youl:rcgionalcenter, each alien.ent'J·epi·eneur petltiqn, .. inconjLmttio,n with addressing all. the rcquiremems for thatpetirion, shall contain supr)ortFng evidei1ce !'elating to this project and the regional cen fer designation, .as foilows: I. A copy of this leLter, the Regional Center approval and designation. 2. A copy of the OSCIS approved Regional Center naft:ative proposal and business plan. 3. A copy ofthe job creation metho~loiRgyrequi.re<:l in 8 ~FR'2Qf.6(j) (4J(U i), as ~on tal ned .in the final Regional Center 'econ0111ic aqalysis ·Vfllidr has beel1 ~pproyc:d by USCJSi wh.ich reflects that inVestment by an individ.uaJ .inimigran.t>investor wiiJ,create not:fe\>Ver thtuit:en {.IO)fuiHinie employment posirions, either directly or ii1directly, per immigr~i1r invesi·or: · 4; A legally executed copy ofthe USCIS appre>ved docun'leti'ts· for MH Enterraiiltnt'\nt I Regiot:lal Ceuter ParU1ership, Ketitltcky, LLC, YI, LLC atid TAC,LLC: . a. Limited PartnershipAgreement; Samples/Drafts dated. April 6! 20 I 0 b. Subscdprion Agteemem; Satnples/Dra[t.sd~tedApril 6, 2010 c. Escrow Agreen1ent; and Sum pies/Drafts dared April6, 20JO d. Operating Agreemeht Samj)les/Drafrs dared April 6, 2.0 I0 DESIGNEE'S·RESP.ONSiBILITIESINHERENTI~I'CONDUCTiOFTHE.REGIONALCENTER: The law, as reflected in the regtilario.ns at &CFR 2Q4:6(th)(6), requires that .an. approved Regional Cetirer i 11 order ro mainrain.the validi!y of its. approvalatid.desigharion mustc0ntihue tqmeer.•the.srarutory·reqLtirem.ents of the Immigrant Investor PiJcit Program by servit1grhe pui'p~se oFp.rotl10ringeC:onon1iC.£p·owth, ·inclpding increased export sales (where applicable), improvedre~ionai pr6ductivit)', job creation, and increased doinesric capital itwesL111etH. Therefore,.in order (or USCIS to determine whether.y0pr Regional Center. is in compliance With the above Cited regulation, and inotdg tO COlltin Lie TO()perate. as:a USC!$ approvecJ an9 designated Regional Center, }'OLir admi11i:stration, oversight; .anclm!).nagen1entpfyour R~gionaiCenter sl1alJbe su.th asro mon.itor all investment actiVities .under the sponsorsl1ip of your R¢giot)aiCenrr;r.and ro· mai nrai n records'; dara and information on a quanerlybasis'itlorder.ro, report to OSCISltpon request thefdUciwin~• year·to dare 1 illformation·for each Federal .Fisca1Year ; commenci11g \Vitl:rt.he iiiftial year as follOv\'s: . l.. Provide the l'rinclpal authorii.ed offkial ai1d poi1it ofcm1t~ctof tl1e ~~giot1al Centen'csponsible lor rhe 11brmal oper~tlon, ri1anageti1epr and ach:i1inistraUon oftbe P,eglonaiCenter, 2. Be preparedto explain ho~ you are ad1~1in.isreriJ1g the Regioital Center and how you will be aclivel}' engaged in supporting a due,diti.gen~e scr~cpingofits ~lien itlvestor{ Iawfu.l source ofc;tpital and the alien investor's ability t() fuliy hwest the rec1uisire ~iliOUiit of caj)itaL '','\ 66 ' ·, 0 0 .. Kenrucky Regional Center, LLC(W09000990 Page'~ 3, Be prepatep to explain the following: a. How the Regional Center is active! engaged in the evaluation, over~ight and· follow up .on y . ,. . . any proposed comniercial. activitiesthat will be uti.lized. by al.ien investors. b. How til~ Regional C¢nter is acl'iVely engaged in the qllgoing:mot1itorit1g, evaluation, oversight ai1d follqw up On any investor cotmi1ercial.acriviry affl 11ared through the Regional Ci:!nter that wi.ll be L!tilized by a.lien investorsln ot·der to create direct and/or indirect jobs through qual.ifying EBcS capital investments into commercial enterprises within the Regi.onal Centei·. 4.. Be prepared to provide: a. the name .• date of birth, petiti.on receip~ b. The totaltlun1ber!)fvisasrepresentedin eash ~ase·forthe principal aUen investor identifledi.n 4.a; above, plus hi~/h¢r dependeilts (spouse and children) for whon~ in'l1i1igrant stanis is sought or has been grarited. c. The country of nationality of.each alien investor who has made an investmem and Ak.d an EB•S/1-5.26 petition with USCIS. d. The U$. city and state ofre$i e. F.arf;!acb alien i.nvestor listed in item 4.a., above, .identify the following: i. the date(s) of invesnnentin.rhe commercial enterprise; ii. the amount(~) ofinvesrment in the commercial eme,rptise; a.nd iii. rhe date(s), nature, and amount(s) ofanypayment/remlincrat:ioi1/prof1.t/rdurn on invesnnentmade to the alien inves'tor bphe commercial enrerprise and/or Regiooal Center from when r.he in.vesLmeilt \vas. in.itiiltedto the present. s. Be preparedto identify/list each ofthetar~et in~ustry categories ofbu.siness activity withi.n the geographic boundaries ofyc;mrRegiorial Cencer that have: a. received aUeil investors' capital, and in what aggregate a111b.lttit:S; b. re~eived.n~n"EB~S domesriccapitalthat has been .con1bil1ed ~n~ iJ'~~st~d together. ~pecifying · :.th:e;s~j:iat~~e' .. aggr~gar~'~i~1~Lu1~s~dtitl}¢ clq}p~~hc),hy~srn:~~~·r ..caJ~i.tal:; ;: ·,_ ;.. ;·•. :-····· .·· .-·">'/; .. ' ·. <...•.•• ::: ;· :';.,., 67 .... l Kemuck)' Regional Ccnrer, LLC/ W09d00990 Page 5· · ,... c. of~l)tt~t~l fnve~tprpapita.l(~lienand dbniestic) idelitifled above ii) S.a.and S.b. idemlfpnd list. rhe followii1g: · · ··· i. The name ;u1d address.cifcach _'.'dir~ct'; job creating commercial enterprise. li. The industry category for eachindirect job c.reati.rig.investmenr activity. 6. Be prepared to pt'bvide:, a. · the ',iota! a'g.gf~gaie't1liii,ber of apptdved El}~s.. alien invesrorJ~S26 peritictls pe:r each Federal Fiscal Year.ti:r.date niade through your Regiotial Center. b. The· total aggregate nunlbe(ofaJ:lprovc~·E'B~s.·~liei,'investori-829 ·petitions per each Federal Fiscal Yeai'.to date'through yqur Regional Center. 7. The total a~gt~egar¢ ~tnj1_gfE~~S:alietlc~pl~alit~ve~~ed th~bugb);O(tr Regiot)aJ Cen~er. foi· each Federal Fisca.l Year r6 date siticqoi.tr approval and designation. · 8. The combfl1ed_,ro~al ~-g~r~~a'te'.o(:·;,·~~;, ·. dj;2hr;andV8r'}l~djrecr.jobs' created .L1>' EB~S i;,v~s\ or~t llJ:O ll gIJ .·your R~gional·ce,~ier' foreadl':Fed~rai Fisc{l Y'ea/'rq•dare'sil1ceihtii>a)jpii;>\rai-•a;idde~ig;l~rion. 9. If applitable,the.total aggt'eg~t~ of "J:lreser"ed"\orsavedjobs by EB~.s al.ien_investors itifo troubled businesses through your Regional C.et1ter for each Federal Fiscal Year to date• si 11Ce yourapproval IOi I[forarifgiy!!;t\E~deral Fiscal Year your Regional Center did or does Mt have i.t1vesrors to report, thei1 r)rovide: !> a; a detailed wrinen explanarioi1 for U1e inactivity., b. a specific plan which specifies the bLtdger, 'di11ellnes, milesto.iH:s and critical steps ro: i_, actively promote yottr R~glonal<:enrerprogran1, ii. identify at1d .recdtii legitimate aiid viable aJietFillveslors, a.t.1d iii. a strntegytc> invest LlltO job ct·eating en.rerprises and/orinvesnnenr acri\'ities within the Regional Center. I I. Regarding your website, if any'· please be prepared to J:):rovide a bard copy which represents full)' whar yourHegionai_Cenier bas posted oi1 irs wel)siye:as ~·veltasprovl~irig your \yebaddress. Addirionally, please provide~ packerconraiJlinga1LoJyou;rResioJ1al,!:~nter's hard cop)' pron1()tional materia.ls.such as brochures .. Oyei~s; press articles; adyertisements, etc. "•" . I 2. Finally, please· be_ aware tha[it is itlC:umbenton eachUSCJSapprovedand designated Regionai.CetHer, in order ro remain in.goodstanding,_ro norifythe usc:s >vi thin. IS busii1ess days at . _· USCJS.Inm)igrimt.liwestorPi·[email protected] any change of addressor occtmence of atiy imterial change iJi: • the ti~ii1e an~lcot)rasrrqfoliriarion~()(the:r~sJJOJisilile offi~,iaJ'ai1d/6r:P6in.t~f~6t\ract (P()G) for ilieRC ...... • the ihanage.Ji)2tlt atid adli'linistratibli ()fth~ ~¢.· 68 ., ...... 1 • o I t.: RECEIPT NUMBER CASE TYPE I924A RCW1435052110 Supplement to Form 1-924 RECEIVED DATE APPLICANT December 16, 2014 ANGIULLI, MARTIN ANTHONY NOTICE DATE PAGE December 16, 2014 I of I ROBERT C DIVINE NOTICE TYPE: Receipt Notice BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC RE: KENTUCKY REGIONAL CENTER LLC DBA MIDWEST EB 5 REGIONAL CENTER 633 CHESTNUT ST STE 1800 CHATTANOOGA TN 37450 Receipt Notice- This notice confirms that USCIS received your application or petition as shown above. Please reference the receipt number, above. on any correspondence with USCIS. If any of the above information is incorrect, please immediately contact us at [email protected] to Jet us know. This will help avoid future problems. This notice does not grant any immigration status or benefit. It is not even evidence that this case is still pending. It only shows that the application or petition was filed on the date shown. 1 Processing time Processing times vary by kind of case. You can check our website at www. uscis.gov for our current processing times for this kind of case at the particular office to which this case is or becomes assigned. If you do not receive an initial decision or update from us within our current processing time, email us at [email protected]. Save this notice, and any other notice we send you about this case. and please make and keep a copy of any papers you send us by any means along with any proof of delivery to us. Please have all these papers with you if you contact us about this case. If your address changes If your mailing address changes while you case is pending, notify us at [email protected], otherwise you may not receive notice of our action on this case. Please see the additional information on the back. You will be notified separately about any other cases you filed. U.S. CITIZENSHIP & IMMIGRATION SVC CALIFORNIA SERVICE CENTER P.O. BOX 30111 ~~~~~: ~~~~c~~ ;l~p~~:oe~-~i~o\ 375-5283 111111111111111111111111111111111111111111111111111111111111111111111111111 69 ·a~~i\~\;:;;··!;;, _· ..· ; .. \ . . .· ··:· {,:"''.: DHS ·:; .,\:.~:~;Notl~e- ofEntfY~ofAppea'r~Jri~~/ Form G-28 as Attorney or Accredited Representative OMB No. 1615-0105 Expires 02/29/2016 Department of Homeland Security Part .1. Information About Attorney or Part 2. Eligibility Information For Attorney or Accredited Representative Accredited Representative Name and Address of Attorney or Accredited Representative (Check applicable items(s) below) I.a. Family Name 1. I:!?J I am an attorney eligible to practice law in, and a (Last Name) member in good standing of, the bar of the highest court(s) of the following State(s), possession(s), l.b. Gi~en Name 1 Robert (F1rst Name) '-·------' territory(ies), commonwealth(s), or the District of ~------~ Columbia. l.c. Middle Name l.a.l Tennessee Supreme Court l.b. I (choose one) I:!?J am not D am subject to any order of any court or administrative 3. Student or Law Graduate agency disbarring, suspending, enjoining, restraining, or otherwise restricting me in the practice of law. (If you are subject to any order(s), explain fully in the space below.) 4. State Bar Number l.b.l. S.a. Street Number 1633 2. D I am an accredited representative of the following qualified nonprofit religious, charitable, social S.b. Street I Chestnut Street Name service, or similar organization established in the United States, so recognized by the Department of S.c. Apt D Ste. ~ Fir. D l1soo Justice, Board oflmmigration Appeals pursuant to 8 CFR 292.2. Provide the name of the organization S.d. City or Town I Chattanooga and the expiration date of accreditation. S.e. State S.f. Zip Code 2.a. Name of Recognized Organization S.g. Postal Code 2.b. Date Accreditation expires S.h. Province (mm/ddlyyyy) ., 'I------, S.i. Country 3. D I am associated with I United States 3.a. 6. Daytime Phone Number ( 00 )00 -141411 161 the attorney or accredited representative of record who previ<;msly filed Form G-28 in this case, and my 7. E-Mail Address of Attorney or Accredited Representative appearance as an attorney or accredited representative is at his or her request If you check this item, also I [email protected] I complete number 1 (l.a. -l.b.l.) or number 2 (2.a. - 2.b.) in Part 2 (whichever is appropriate). 4. D I am a law student or law graduate working under the direct supervision of the attorney or accredited representative of record on this form in accordance with the requirements in 8 CFR 292.1(a)(2)(iv). ·1 I II /. Fonn G-28 02/28/13 N page I of2 ... '"" 70 Q Part 3. Notice of Appearance as Attorney or 7. Provide A-Number and/or Receipt Number Accredited Representative I RCW1034150052 This appearance relates to immigration matters before (select one): Pursuant to the Privacy Act of 1974 and DHS policy, I hereby consent to the disclosure to the named Attorney or Accredited 1. ~ USCIS- List the form number(s) Representative of any record pertaining to me that appears in any system of records ofUSCIS, ICE, or CBP. l.a. 11·924A & ongoing Regional Center espondent 2. D ICE - List the specific matter in which appearance is entered 2.a. 8.b. Date 3. D CBP - List the specific matter in which appearance is entered Part 4. Signature of Attorney or Accredited Re resentative 3.a. I have read and understand the regulations and conditions contained in 8 CFR 103.2 and 292 governing appearances and I hereby enter my appearance as attorney or accredited representation before the Department of Homeland Security. I representative at the request of: declare underpenalty of perjury under the laws of the United States that the information I have provided on this form is true 4. Select only one: ~ Applicant Petitioner D and correct. D Respondent (ICE, CBP) l. Name of Applicant, Petitioner, or Respondent 2. S.a. Family Name (Last Name) S.b. Given Name IM rf 1 (First Name) L._a_ _n ______~ 3. Date S.c. Middle Name Part 5. Additional Information S.d. Narne of Company or Organization, if applicable 1. Other attomeys authorized in Baker Donelson firm: Robert C. Divine, L. Mabel Kentucky Regional Center LLC I Arroyo, Robert N. Johnson, Masae Y. Okura, Melanie C. Walker, or any other attomey of the firm. NOTE: Provide the mailing address ofpetitioner, Applicant,or Respondent and not the address of the attorney or accredited representative, except when a safe mailing address is permitted on an application or petition filed with Form G-28. 6.a. Street Number I ;612 Vine Street mdName ~.------~======~ 6.b. Apt. D Ste. D Fir. D L_l______, 6.c. City or Town 6.d. State ~ 6.e. Zip Code 14_51_29.... ______, I I I I I I I I Fonn G-28 02/28/13 N Page 2 of2 71 0 0 OMB No. 1615-0061; Expires 0113112015 Department of Homeland Security Form I-924A, U.S. Citizenship and Immigration Services Supplement to Form 1-924 Part 1. Information About Principal of the Regional Center Name: Last First Middle Angiulli Martin Anthony In Care Of: Street Address/P.O. Box: 2612 Vine Street City: Cincinnati (b)(6) State: OH Zip Code: 45129 Date ofBirth,.-----.. Fax Number 1 Telephone Number (mm/ddiY.Y.YY1 I (include area code): (include area code): ( 513) 73 9-0571 Web site address: www. midwesteb5. com USCIS-assigned number for the Designated Regional Center (attach the Regional Center's most recently issued approval notice) · RCID1031910178 Part 2. Application Type (check one) [8] a. Supplement for the Fiscal Year Ending September 30, 2 014 (YYYJ') 0 b. Supplement for a Series ofFisc~l Years Beginning on October 1, (YYYJ') and Ending on September 30, __ (YYYY) Part 3. Information About the Regional Center (Use a continuation sheet, if needed, to provide information for additional management companies/agencies, regional center principals, agents, individuals, or entities who are or will be involved in the management, oversight, and administration of the regional center.) A. Name of Regional Center: Kentucky .Regional Center 1 LLC dba Midwest EB-5 Regional Center Street Address!P.O. Box: 2612 Vine Street City: Cincinnati State: OH Zip Code: 45129 Web site www. midwesteb5. com Fax Number Telephone Address: (include area code): (include area code): ( 513 ) 7 3 9 - 0 5 71 .... ;,.. B. Name of Managing Company/Agency: Dante Bella I LLC Street Address!P.O. Box: 2612 vine Street · City: Cincinnati I· State: OH lzip Code: 45129 Web site Fax Number Telephone (513) 739-0571 Address: (include area code): (include area code): C. Name of Other Agent: Street Address!P.O. Box: 'j.;.',.'•. City: I State:· Izip Code: Web site Fax Number Telephone Address: (include area code): (include area code): Formi-924A 01/03/13 Y Pagel 111111111111111111111111111111111111111111111111111111111111111111111111111 RCW1435052110 maginger 1924A 12/16/2014 72 0 0 Part 3. Information About the Regional Center (Continued) Answer the following questions for the time period identified in Part 2 of this form. Note: If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and provide the response. 1. Identify the aggregate EB-5 capital investment and job creation has been the focus of EB-5 capital investments sponsored through the regional center. (Note: Separately identify jobs maintained through investments in "troubled businesses.") Aggregate EB-5 Capital investment Aggregate Direct and Indirect Job Creation Aggregate Jobs Maintained 0 No I-829 petitions filed yet 0 2. Identify each industry that has been the focus of EB-5 capital investments sponsored through the Regional Center, and the resulting aggregate EB-5 capital investment and job creation. (Note: Separately identify jobs maintained through investments in "troubled businesses".) a. Industry Category Title: NAICS Code for the Industry Category Full Service Restaurants 7 2 2 5 1 1 --- Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: 0 No I-829 petitions filed yet 0 b. Industry Category Title: NAICS Code for the Industry Category Limited Service Restaurants 7 2 2 5 1 3 ------Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: 0 No I-829 petitions filed yet 0 c. Industry Category Title: NAICS Code for the Industry Category See Addendum ------Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: 3. Provide the following information for each job creating commercial enterprise located within the geographic scope of your regional center that has received EB-5 investor capital: a. Name of Commercial Enterprise: Industry Category Title: KRC Fund I, LP Restaurants, Hotels, Const, see addend. Address (Street Number and Name): City: State: Zip Code: 2618 Vine Street Cincinnati OH 45219 Aggregate EB~5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: 0 No I-829 petitions filed yet 0 Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that 0 No fi.J Yes have or will create or maintain jobs for EB-5 purposes? Form l·924A 01/031!3 Y Page 2 73 0 0 Part 3. Information About the Regional Center (Continued) If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (I) Business Name: Industry Category Title: SVARX, LLC Restaurants, Hotels, Const, see addend Address (Street Number and Name): City: State: Zip Code: 2612 Vine Street Cincinnati OH 45219 EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: 0 No I-829 Petitions filed yet 0 (2) Business Name Industry Category Title: Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: b. Name of Commercial Enterprise: Industry Category Title: Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? D No DYes If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: Address (Street Number and Name): City: State: Zip Code EB-5 Capital Investment Direct and Indirect Job Creation Jobs Maintained Form I-924A 01/03/13 Y Page 3 74 0 0 Form I-924A, Supplement to Form 1-924 Kentucky Regional Center, LLC dba Midwest EB-5 Regional Center ID1031910l78 On October 20, 2014, MERC filed a comprehensive response to the Notice of Intent to Terminate issued by USCIS on September 17. Attached are copies of the cover letter and signed NOIT response for quick reference. These comprehensive responsive materials should supplement this I-924A and may be used as a road map to explain and document all funds received by the MERC's project to date. Please note that the $5 million capital received from 10 EB-5 investors (9 of which have now been approved) was previously reported in the I-924A for fiscal year ending September 30, 2012, so no additional capital contributions have been reported here. Part 3. Information About the Regional Cen.ter 2. Identify each industry that has been the focus of EB-5 capital investments sponsored through the Regional Center, and the resulting aggregate EB-5 capital investment and job creation. Job Calculation The Regional Center chooses to treat jobs created as those associated with approved I- 829s, counting 10 jobs created per approved investor, as the USCIS Q&A of 12/06/2011 allows. No Forms I-829 have been approved for any investors associated with the regional center. Industry Category Title: Hotels NAICS Code for the Industry Category: 72111 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and lngirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Other Miscellaneous Store Retailers NAICS Code for the Industry Category: 4329 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Condominium managers' offices, residential NAICS Code for the Industry Category: 531311 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Lessors of Real Estate 75 0 0 NAICS Code for the Industry Category: 5311 Aggregate EB-5 Capital Investment: $0 Aggregate-Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Miscellaneous Manufacturing NAICS Code for the Industry Category: 339 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Community Care Facilities for the Elderly NAICS Code for the Industry Category: 6233 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Residential Building Construction NAICS Code for the Industry Category: 2361 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A Industry Category Title: Commercial and Institutional Building Construction NAICS Code for the Industry Category: 23622 Aggregate EB-5 Capital Investment: $0 Aggregate Direct and Indirect Job Creation: N/A Aggregate Jobs Maintained: N/A 76 0 0 Part 3. Information About the Regional Center (Continued) (2) Business Name: Industry Category Title: Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: c. Name of Commercial Enterprise: Industry Category Title: Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? D No DYes If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: Form 1-924A 01/03/13 Y Page 4 77 0 0 Part 3. Information About the Regional Center (Continued) d. Name of Commercial Enterprise: Industry Category Title: Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0 No 0 Yes If yes, then identity the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: e. Name of Commercial Enterprise: Industry Category Title: Address Street Number and Name: City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0 No 0 Yes Form I-924A 01/03/13 Y Page 5 78 0 0 Part 3. Information About the Regional Center (Continued) lfyes, then identify the name and address of each job creating business, as well as the amount ofEB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: 4. Provide the total number of approved, denied and revoked Form 1-526 petitions filed by EB-5 investors making capital investments sponsored by the regional center. (Note: If an adverse action was ultimately reversed and the petition was approved, then note the case as approved.) Form 1-526 Petition Final Case Actions Approved Denied Revoked 9 0 0 5. Provide the total number of approved, denied and revoked Form 1-829 petitions filed by EB-5 investors making capital investments sponsored by the regional center. (Note: If an adverse action was ultimately reversed and the petition was approved, then note the case as approved.) Form 1-829 Petition Final Case Actions Approved Denied Revoked 0 0 0 NOTE: USC IS may require case-specific data relating to individual EB-5 petitions and the job creation determination and further information regarding the allocation methodologies utilized by a regional center in certain instances in order to verify the aggregate data provided above. Form I-924A 01/03/13 Y Page 6 79 0 0 Part 4. Applicant Signature Read the information on penalties in the instructions before completing this section. If someone helped you prepare this petition, he or she must compete Part 5. I certifY, under penalty of perjury under the laws of the United States of America, that this supplemental form and the evidence submitted with it are all true and correct. I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit being sought. I also certifY that I have authority to act on behalf of the Regional Center. Printed Name of Applicant Date (mm/ddlyyyy) Martin Anthony Angiulli aytime Phone Number E-Mail Address (Area/Country Codes) 513-739-0571 [email protected] Relationship to the Regional Center Entity (Managing Member, President, CEO, etc.) Managing Member Part 5. Signature of Person Preparing This Form, If Other Than Above (Sign Below) I declare that I prepared this form using information provided by someone with authority to act on behalf of the Regional Center, and the answers and information are those provided by the Regional Center. Attorney or Representative: In the event of a Request for Evidence (RFE), may the USC IS contact you by Fax or E-mail? 0 No fi/ Yes Printed Name of Preparer Date (mm/ddlyyyy) Robert C. Divine Firm Name and Address Baker Donelson Bearman Caldwell & Berkwowitz, PC 1800 Republic Centre, 633 Chestnut Street Chattanooga, TN 37450 Daytime Phone Number Fax Number (Areal E-Mail Address (Area/Country Codes) Country Codes) 423-752-4416 423-752-9533 [email protected] Form I-924A 01/03/13 Y Page 7 80 0 11800 REPUBLIC CENTRE BAKER.-DO~ELSON 633 CHESTNUT STREET BEARMAN, CALDWELL & BERKOWITZ, PC ' I1 CHATTANOOGA, TENNESSEE 37450 I PHONE: 423.756.2010 I FAX: 423.756.3447 www.bokerdonelson.com ROBERT C. DIVINE Direct Dial: (423) 752-4416 Direct Fax: (423) 752-9533 E-Mail Address:[email protected] December 11, 2014 US CIS California Service Center Attn: EB-5 Processing Unit 24000 Avila Road, 2nd Floor Laguna Niguel, CA 92677 Re: 1-924 A Filing FY Ending September 30, 2014 Regional Center: Kentucky Regional Center, LLC dba Midwest EB-5 Regional Center (MERC) Receipt No.: RCID1031910178 Dear Officer: Attached please find the I-924A filing for fiscal year ending September 30, 2014 for the Kentucky Regional Center dba Midwest EB-5 Regional Center (MERC) and the most recently issued approval notice. On October 20, 2014, MERC filed a comprehensive response to a Notice of Intent to Terminate issued by USCIS on September 17. We have included copies of the cover letter and signed NOIT response (without attached exhibits) for your quick reference. These comprehensive responsive materials should ·supplement this I-924A and may be used as a road map to explain and document all funds received by the MERC's project to date. Please note the Form G-28 is attached evidencing my ongoing representation of this regional center for purposes of the I-924A and all other matters. Respectfully submitted, Robert C. Divine ALABAMA • FLORIDA • GEORGIA • LOUISIANA • MISSISSIPPI • TENNESSEE • TEXAS • WASHINGTON, D.C. 81 0 0 ...... • y~;_:p,:,pamue~(O,fJiom~'m.d secU.rlty 24000 Avii a Road, 2"d Floor Laguna Niguel, CA 92677 U.S. CitiZenship and Immigration Services Date: JUN 2 5 2013 Terry Chan C/0 Kentucky Regional Center, LLC 7000 Houston Road, Suite 3 Florence, KY 41 04 2 Application: Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program Applicant: Terry Chan Re: Request to Amend Regional Center Designation Kentucky Regional Center, LLC RCWI034150052/ ID 1031910178 This notice is in reference to the proposal that was flled by the applicant with the U.S. Citizenship and Immigration Services ("USCIS") on November 22, 2010. The proposal 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). I. Executive Summary of Adjudication A. Effective the date of this notice, USCIS approves the additional industry categories listed in Section III of this notice. II. Procedural History On April 29, 2010, USCIS approved Kentucky Regional Center, LLC for participation in the Immigrant Investor Program as a designated regional center. Based on the initial designation, Kentucky Regional Center, LLC obtained approval for the following geographic area and ind~stry categories: f...... T ...... -, ...... ~ .....;···· ...... i Name of State ! Counties l·.:~~~i~~~·=-~-~.~=~~---~·~:~-.:=I~!~P~~~_j~~~~~-~~~~9.~i~~·=~~=~~-~~.~--:.~=~~~=--~=~~=~~~~·~~~~~~-.:~:·.~:·.=.:~~~:=~~~:=::~~~i www.uscis.gov 83 0 0 Kentuc~y Regional Center, LLC/ RCW1034150052/ ID1031_910178 P~e2 r r-···- .. ---.-...... ·-·· ...... -...... ~ ...... - .... ---.------...... --.. ------·····-- ...... " ! 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[i~~~~~--~:--~----:~--=~=-~-=--- -.:M!~£~~9.~-~-M~~f.~~!~~i~~:~--~~~~~:-.-.~~:-~:-~-----=~::~--.-~-~~~·=--=~-:~~======-.~:~-.-.=] I.J.~~-~------.L.f2..~!:!!!!!l..9:~~--~-~~E.~~- fo!}~e Eld~~------·-J MH Entertainment I Regional Center Partnership, Ltd. Petition Approved on: Project 04/29/2010 Geographic Location: Campbell County, Kentucky Focus of Investment: loan III. Amendment Requestt Effective the date of this notice, USCIS approves the appli.cant's amendment request to incorporate the following changes: A. Industry Categories users approves the applicant's amendment request to include the following industry categories: 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 formal amendment by filing Fonn 1-924 if it seeks certainty in advance that changes in the industries or the geographic area will be pennissible prior to filing Fonn 1·526 petitions. 84 0 0 Kentucky Regional Center, LLC/ RCW1034150052/ IDI031910178 Page 3 IV. Job Creation The amendment request did not involve changes in job creation because the approval of the industry categories was based upon the regional center initial proposal including the supporting business plan and the .economic impact analysis. 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 USCIS of an agreed upon methodology to allocate job creation among eligible investors. V. Guidelines for Filing Fonn I-526 Petitions Each individual petition, in order to demonstrate that it is affiliated with the Kentucky Regional Center, 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 of Ho, 22 I&N Dec. 206 (Assoc. Comm'r 1998). 4. Legally executed organizational documents of the commercial enterpri~e. 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 61 0 (a) of the Appropriations Act, a regional center must provide USOS with 85 0 0 Kentucky Regional Center, LLC/ RCW 10 341 500 52/ ID 10 3191 0 17 8 Page 4 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.uscls.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 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, as any changes in management of the regional center will require the approval of an amendment to the approved 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 [email protected]. Sincerely, · Daniel M. Renaud. Acting Chief, Immigrant Investor Program · cc: Martin]. Lawler, Esq. 86 usCis- .Questions and Answer5: Form I-924AO 0 u~s. C~tizenship and Immigration Services Questions .and Answers·: Form l-.924A Background. 8. CFR 204.6(m)(6) proYides that regional centers must ~ontinue to·mee.t the requirements of Section 61 O(a) of the Appropriations Act by continuing: to promote ,econon1ic groWth, improved ·regio.nal productivity, job creation or incr~as'ed domestic capital irivestn"ierit in the .approved geographic area. Form l-924A, Supplement to Form 1•924 (''I-924A") is used to ~emonstr.ate a regiof!ril center's continued eligibility for the regional cei1ter designation and niust be. filed. with USCIS'on ari annual basis for each fiscal year' (October I thraugh Se.ptember 30) \vithi!l 9.0. days aft~r ~he· end ofthe. fiscal year (on or before Decen1ber29th). · . Form l-924Amay be obtained on the l JSCIS websjre. Below you will find questions and answers regarding the regional center Form 1-924A filing and reporting requirements. Part t Questions and Answers Q. Form I-924A asks in Part I for the provision or the L!SCIS7a~signednumber ror-the qes.ignated regional center: My .re·gional center has had several case numbers assigned to. its regionai tenter filings. Whicb USCIS-a_ssigned.ilumber shoilld I provide? · A. USCJS assigned a unique identifier to every approved: or prospective·.regional center'ip August of 20 I I. Unlike a receipt number \Vhich changes with every filing~ this unique identifier is permanently.assigned toeach approved regional center, and will be as~ociated with ..~Il.form I-924 applications that are file.d by the regional center. The regional center tmique identifier's r1aming convention is as follows: lDxxxxxxxxxx Please provide tbe re:gion:al center's unique identifier (if knO\vn) and a copy oftlle te~.ional center's most recently issued approval noti¢e. · · Q. Form I-924A asks in Par:t 2 tor the regional center to check box tt or b. Part)~a. appears ~o be the box to check for. a filing fora speci fie fiscal· year: Part 2.b. appears to be the box to check for. a filing for a range offiscal years, (]rider wh~t cii'cuinstan~es is Part 2,.b. tqhe.used?: A. 8. CFR 204;6(~n)(6) req~1ire:s regional centers to provide information demo.ns.trating conti.nued~ eligibility for the regional center designation on an annual basis, On a CU!llUlf}tive:basis,and/pras' otherwise requested by USCIS. In some instances USC IS may re.que~t that a regional centersubmit information covering a succession of fiscal years:on Form l:924A. Part 2.b. should be ehecked by the regional center in. those- instances to spec'ifically ide1itify the_period' of.time cov~r~cl by.the Form 1-924A. infom1ation submission. Q. In Part 3, does "capital .investment" refer only to the investments m~de by EB-5 capital investors, http:/ /VMw.uscis.govt ... 10VgnV.C~1100000082ca60aRCRb&vgnextchannel=db029c17SS.cb9010VgnVtr:--11 0000045f3d6a 1RCRD[ 12/6/201111:20:29 PM] 87 . ·, '' usCis ~Questions and Answers: Form I~924AO or should it inClude other financln'g· that is part of the· EB~5 capital inv.estmellt project? A. "Capital investment'' iil Part 3 ofForm l-924A refers .sole!y to il1vestment~ m~de by EB-5 investors. A regional center has the option to supplement the required infor.mation.intorm I-.924A, such as other finm1cing that is part of an EB-5 capital·investment project.. Q. At what poim is capital considered "invested~' for purpo$eS o,finclusion in Part) of Form I· 924A: Form 1-526 filing, 1-526 approval, release from escrow (if any}, or expenditure ina project? A. Capital investment occurs when the. EB-5 investor's. capital is actually t.ransferred into the new commercial enterprise, Fimds held. iri escrow should not be counted as capital investe.d forthe purposes of completing Form I-924A, .Part 3, as these funds have yet to be actually transferred into the new commercial enterprise: Q. At what point arejobs considered to be created .for. purp.oses ofinclusiorfin Part 3. of Foml.i'- 924A; 1-526 at)proval - the time of the· expeilditure.of the capital ii1 the capital investh1etit'proje~for the accomplishment.of other milestones in the business plan for the projecJ? A. In reporting statistics, USC IS .estin1ates job. creation (10 jobs per investor) based ltpotf the number of Form 1-829 petitioi1s that were approved within the period of time under study. RegiOtlal t centers may opt to adopt this tin1ing approach to simplify the. record ke~ping atld :data analysis required fo be responsive to Part 3 of .form I-92.4A. If a regional center chooses to adopt a job cr.eation reporting methodology .using economic ii11pac;t modeling for the job-creating business activities that ·occurred \vithin its capital investment projects during· the fiscal year, then a detailed n~rtative and analysis should be proyide,d.\vith the Form l- 924A that identifies the jobS· that were creat~d during the fiscal year.and the tnethod9logy l!Sed to estimate the job creation. Further; regional centers should consistently use the same inethodology from year-to-year to a:void err~meou~ or clt1plic;ativejob creation estimat~.s., Q.. Should capital investmentandjob creation numbers be reported. stric;tly within the fisc~H year in. which they were respectively accomplished? · A. Yes, the amount ofcapital inve~ted and jobs.created· through the regional center··~ ~apital investment projects shotilcl be reporteq strictly within the fiscal year in \vhich they were respe¢tively· accomplished. For Form I-924A tllings for fiscal year 20 ll, the. capital. investment and job creation in Part 3 should only include events th~t pCC\JITed between October I, 20 I Oand Sej:>tembt:~ 3Q, ~q ll. Q. Where should a regional center actount·for.jobs that were maii1tained in a ''troubled business'' during the fiscal year?. A. The number of jobs tl1at were maintained in a "troubled busin.ess" sho~lld be identified in the section entitled "Aggregate Jobs:.Maiinaitied'·' in .Part 3:2 of the Form I-924A . .Q. What level of detail must a. n;gipva! center use t<;> identify tl~e NAICS code for the Industry Category in Part 3.2 ofForm.I-924A? A. The purpose of collecting North .American Indtistry Classification System ("NAICS code'') infonnation regarding the indu~tries i11 which EB~S capita! is. invested and jobs are created iqo enable USCIS to prov.ide information to internal and external stakeholders about the industries that are participating in EB-5 capital investment projects, According to the U.S. Census Bureau's FAQs regarding the NAICS codes, NAICS is a two through six-digit.hierarchical classi·fication system,9ffering five levels of detaiL Each digit in the code is part of a· series of progressively narrO\ver categories; and the more digits in the code si¥nify http:/ /VNJW .uscis.gov/ ... lOVgnVCM 1ooooobai~a60aRCRb&l(gnextchannel=dbQ29c,775Scb9b lOVgnVCM 1000004Sf3d6a1 RCRD[l2/6/20l.ll1 :20:29 PM] ' ' ' ' '' . •. • ' ' I• '•.•' ',· •' ; ''· ,. • • 88 USCIS - Ql.lestions. and Answers.: Fo~m I~'Q2.40 greater classification cletail. The first two digits. designate· the economic-sector; the third digit designates the stibsector, the fourth digitdeslgnates the industry grollp, the fifth digit designates the NAlCS industry,.and the sixth digit designates the national industry. · · · ·· · · The NAlCS code identified in :Part 3.2 of Form f-924A .should have sufficient detail to identify the industry for the primary business activity .of the capital investment proj_ect. In geberal a NAICS code with four-digits, which identifies the industry·group of a given ec.o.nomic activity would be an appropriate entry. For exari1ple, if the capital in\res6nent project involved Fruit and Nut then the appropriate.NAICS code to use would be 111.3. Q. If a regional center creates job's iil nun1erous industry cate·gories; sh<:i'uld the regional-center identify multiple industry categories. or indicate only the largest industry category in Part 3J of Form I-924A? A. All of the industry categ01y titles relating to the primary business activities conducted by the commercial enterprise sho.uld be identified in the event that the c.ommercial enterprise engages in investments in multiple capital investment projects that span industries. Fonn I-924A indicates on page 2 of the form that if extra space is needed to complete any item, that the region'al center should attach a continuation sheet, indicate the.item number, and provide .the ~~sponse. Last up9~t~d:l2/06/2011 Plug-ins http://WWW .uscis.gov/ ... 1OVgnVCMl OOOOObS:fea60aRCRD&~gnextchannel=db02.9c775Scb9010VgnVCM 10000045f3d6a 1RCRD[12/6/20ll 11:20:29 PM] 89 0 0 . COPY OF COVER LETTER AND SIGNED NOIT · RESPONSE PREVIOUSLY ·FILED 90 0 o· 1800 REPUBLIC CENTRE BAI PHONE: 423.756.2010 FAX: 423.756.3447 www.bokerdonelson.com ROBERT C. DIVINE Direct Dial: (423) 752-4416 Direct Fax: (423) 752-9533 E-Mail Address:[email protected] October 20, 2014 U.S. Citizenship and Immigration Services Immigrant Investor Program 20 Massachusetts Ave., N.W. Mailstop 22355 Washington, DC 20529 Re: Response to Notice oflntent to Terminate Regional Center File No. 1031910178 Kentucky Regional Center, LLC dba Midwest EB-5 Regional Center (MERC) Dear Officer: Enclosed please find the response to the above-referenced NOIT. The primary document is a response letter from Martin Angiulli, which refers to a significant number of exhibits that are attached according to the Table of Contents The NOIT encompasses an extraordinary volume of information, and the complexity of the situation is compounded by the relatively recent transfer of ownership of the regional center, the failure of the selling party to have transferred all materials to the buyer, and the simultaneous imposition of SEC subpoenas on all of the companies and people involved. It. would be impossible to make a perfect and complete resportse to this NOIT in the time given, but MERC 's owners have done the best they can. We hope to supplement the record, particularly as more information becomes clear in the context of the SEC investigation. With hope the good faith of the current owners is apparent from this statement, but the gravity of the consequences to so many people from a termination of the regional center is so great that a personal interview with the current manager is critical to a fair result. They are on the cusp of raising the other half of the money needed to complete the project, and termination of the regional center now would ensure project failure and loss of investment and immigration opportunity for the 24 investors, who do not deserve this. Respectfully, Robert C. Divine ALABAMA • FLORIDA • GEORGIA • LOUISIANA • MISSISSIPPI • TENNESSEE • TEXAS • WASHINGTON, D.C. 91 0 0 Kenture-ky R.egi'on.al Center, LLC dba Midwest JEB-5 Regional Center (M.ERC) 2612 Vine Street Cincinnati, OH 45129 October 20, 2014 U.S. Citizenship & Immigration Services Immigrant Investor Program 20 Massachusetts Ave., N.W. Mail stop 2235 Washington, DC 20529 Response to Notice ofReglional Center Termination Regional Cent~r: Kentucky R,~gional. CenterLLC d_baMidwest E~~s Regional Center (MERC) (RCW 1031910178) Dear Officer: This statement responds to the above-referenced Notice of Intent to Terrnihate (NO IT) the designation ofthe r.egional center whi.th rny single-purpose entity,, Dante Bella,_ LLC, has recently purchase.d from a company owned by my son-in~]aw and his brother, Terry Chan and Gary Chan (the Cha,ns}. My separate comp~my, SVARX LLC; is the .borrower of th.e EB-5 capital.at issue collected by the "new commercial ente.rp~i.~e," ~RC'Fund I, LP (the "Fund''). n .1• ilv I would like to exnlain mv back2:round in this matter. (b)(6) Terry Chan and his family visited Martin.os on a regular basis (sta~:ting in 2009). He and.his l 1 brother graduated from Carnegie Mellon in. Pittsp~rgh. and. are Steeler Fans. My family is I ' from Pittsburgh, also, and Martino's is a "Steeler Bar~'. After a while, we got to know .each l other and Terry, looking for a project, mentioned doing EBS on Short Vine. His original project, Manhattan Harbor',wasn'tworking·out because ofthe economy and, as I owned all the properties for this project, he thought it would be perfect. That's ·how this got started. In the meantime, he started dating my daughter and subsequentiy they married and had a child, Lena.. Originally, Terry and bis brother owned 50% of the regipQal center .~nd a developer named Paul Galenstein with attorney Paul Darpel owned the other SO%. Wben the Manhattan 92 0 0 Response to USCIS Notic.e of intent to Terminate MERC October 20, 2014 Page 2 of 15 Harbor fizzled, Galenstein and Darpel.sold out to theChans. When Terry bought them out, we needed an experienced developer and I contacted Jeff Jacobs. In turn, Jeff gpt the other individuals involved. At the start of this project, I had no experience with EB.S funds, and I. trusted the Chans were knowledgeable and compliant and wo.uld guide us. When the offering of the investment opportunity to EB-5 investors was being prepared, I worked b.rt the business plan for SVARX as my sole focus. The Chans identified Joseph Chen, who operated a consulting firm calleq Beijing Catone Investment Consulting Company, whos~ purpose was to coordinate the efforts of migration ageryts in China to find, advise, a~d subscribe investors to the project. Chen insisted that he be made Managing Member of SVARX with a management contract Jeff and I traveled to China to meet with prospective investors, because we were told that Chinese investors wanted to meet the people who would operate .the "job creating enterprise" (JCE) and explain the project. The Chans managed the establishment of the Furid and the offering documents with our input abo'Ut the project. Based on the input of the Chans, Martin Lawler, Joseph Chen, David Willbrand and the other professionals involved, I fully believed that the offering and business plan were in full compliance with EB:.S rules and policies and wou.ld be approved. As the subscriptions were received, I understood from the Chans that the investors had agreed for their funds to ,be released from or to bypass escrow. I have never heard otherwise. We have been. eontacted by ·half.of the. existing investors, and in fact 1 spent 10 hours at the proj_ecthst weekwith Mrs. Cui, Mr. Hao, Mr. Ping and;.Mr . .He. In.speakingwith investors about the progress of the project from time to time, none of them have ever expressed surprise about reports of ptogre.ss th.a:t clearly involved expenditure of substantial sums of EB-5 investment. The investors I have spoken with have expresse'd continued support for it and have follow~d up with emails to confirm this. (collective Exhibit 18). Jeff Jacobs. is planning a trip to China to .rneet in~p.erson With the remaining investors to explain progress and address concerns. The plan was to completely renovate the properties, so they during the process they became non-income producing, and part of the project was to keep the properties intact through the process. Marti nos mainiy paid the. utilities and taxes and was reimbursed .for those costs. In addition to Jeff JaCobs ahd other professionais he found, I hired my sister, son, and daughters to help with deveJopmenUihd entered contractsWiththem.1 (c.ollective Exhibit 2). The Chans had baked into the original business pfan to fund a slew of technology .companies. At this time Terry Chan also worked for Cincy Tech. He and the offic~rs. qf Cincy Tech had plans to make Short Vine the //Hub" for Tech Companies is Cfncinnati. ·The first floors were to be used for restaurants and the other floors were to house tech 1 Patricia Angiulli, my wife, was also paid funds by SVARX, but these amounts were developer fees which she accepted on behalf of Angiulli, Inc. P·atricia had no employment contract or agreement with SV ARX. / 93 0 0 Response to USC IS Notice of Intentto Terminate MERC October 20, 2014 Page 3 of 15 companies. As this was in their business plan, we thought all these expenses were acceptable. The Chans and Joseph Chen were in control of the-offering, and cmce I signed the Loan Agreement with the commitment of my properties tO. it, I was essentially at their mercy~ Nevertheless, I thought that their plans were compH1mt with EB-5 poli.cy. they spent some capital of the Fund directly on some expenses, eventualfy attributing those expenses as i•on behalf of' SVARX, and they qirectl:!d sv ARX to spend various sums on technology businesses and regional c;enter exp.ense$ that related to them. They directed some expenses without clear backup, and I can't say what they were for, though I understand they claim that some were repayments for loans they claim to have made to the project. The Chans andJoseph Chen were in control ofthe.offeringi and once l signed the Loan Agreement with the commitment of my properties to it, I was essentially at their mercy. They required payments for organizing and marketing expenses, including trips to China, and for payments to Joseph Chen under his. management agreement. Nevertheless, I still thought that their plans were compliant with EB.-5 policy. By late 2012, I was concerned about the amount of expenses on things other th;m the restaurant projects, and I sought separate legal advice. Also the Chan's . .realized that Technology Fund investments may not be acceptable to U5CIS causing them to stop our funding . I learned that organizing and offering expenses were not appropriate for use of EB-S capital and normally were paid from Administrative Fees,_ charged separately from EB-5 capital, and I had.rtever received accounting of the Administrative Fees.· In December of 2012 I brought a lawsuit against the Chans to recove·r for SVARX funds that I .felt had .been improperly spent. (Exhibit 3). The Chans counterclaimed' and escal~ted the m.atter .(Exhibit 4), and it became oppressively expensive. It was also terribly agonizing to be in litigation with my daughter's husband. I felt we had to settle to stop the bleeding of legal fees, and in June 2013 we entered into a settlement agreement (Exhibit 5), which enabled us to work together with the Chans to successfully answer the US CIS RFE, which led to the investors getting their 1-526 approval and eventually led to my purchase of the Regional Center. Even after the settlement, the unavoidable relationshipwith the-Chans was a huge stress on our family. ln a final effort to resolve the matters and take control of the situation I bought the .regional center from the Chans in JanuCli'y 2014,. (Exhibit 6). Also. we terminated. the management a.rran~ement with Joseph .Chen. (Exhibit 7). We have ·prepared a new set of offering documents and engaged. with new marketing agents, and with 9 of 10 existing investors' petitions approved, we were mal Now USC IS has issued the _NOIT suggestingmany reasons why the designation of MERC as a regional center should be terminated. I really want to protect the designation; most importantly· because termination would destroy the U.S. ·immigration benefits Of our ten existing investors and, through the inability of the Fund to subs.cribe t.he remaining 14 investors neede.d for ~he project, wouid dE!stroythe investment of the first ten investors as well as my own fiiJapces. In addition, I hav~ high hopes for using .the .regional center tp 94 0 0 Response to USCIS Notice of Intent to Terminate MERC October 20, 2014 Page 4 of15 foster other projects to benefit the region, but I would be happy to forego that opp.ortunity as long as we can finish .the current project. We have obtained new counsel, Robert Divine, who is well known to USCIS .. as its former Chief Counsel and Acting Dir.ector and as the Vic.e President of UOSA, the ihd\lstry association of regional centers. In the course of preparing response·s to this NOIT and the ongoing S.EC investigation with which' your office seems to be coordinating, we have shar-ed our practices and gained significantly better understanding of the best way to operate the regional center and monitor (and, where applicable, operate) its sponsored projects to comply with EB-5 policies and protect the investors. For my specific response to the NOIT, I have repeated here verbatim th~ headings for the concerns expressed in the NOIT, and under each I place my responses and references to supporting exhibits; without repeating the NO IT's text so the two d'ocuments need to .be read together. Ill. Reasons For Termination A. US CIS has determined that MERC has failed to submit required information to USCIS on an annual basis. i. Failure to report number of new direct and/or indirect jobs Response: MERC in good faith has filed .Forms I-924A for each year since. the form was instituted. USCJS' own Q&A (Exhibit 1) has authorized regional centers to report zero jobs created unless and until an investor's 1-8.29 has beeh approved, and then report 10 jobs per approved investor. The Q&A states: Q\-At what point arejol)s considered to be created for purposes of.jndusjon:in ~art 3 of Form I- 924A; 1-526 approval- the. time of the expenditure of the capital in the capital investment project or the. acc:omplishmen~ of other milestones in the business plan for the project? A. In reporting statistics, users estimates job 'Creation (10 jobs per investor) based upon the number of Eorm 1-829. petitions that were approved within the period of time under study. Regional centers may opt to adopt this timing approach to Simplify the record. keeping and data analysis required to be responsiVe to Part.3 of Form I-924A. If a regional center chooses to adopt a job creation reporting methodology using econpmic impact. mode.ling for the jo,b-creating business a(:tivities that occurreq within, its capital investment projects durjng the fiscal year1 then a detailed 'narrative and analysis should be provided with the Form 1- 924A that identifies the jobs that 95 0 0 Response to US CIS Notice of Intent to Terminate MERC October 20, 2014 Page 5 of 15. were created during the fiscal year and the .metho.dology used to estimate the job creation. Further, regional. centers should cons,istently use the same methodology from year-to-year to avoid erroneous or duplicative jop <;re~tion estima~es. · It is unfathomable to us that USeJS would ptJblish such policy guidance and then terminate a regional center for following·it~ Nevertheless/ we take it that USers now wants more detail. The problem is that it 'is difficult to identify how many jobs have been created before the project is finished, which might have been what drove the users policy .on I-924A job reporting discussed above. The restaurant project is not finished or operational. The economic analysis in the revised business plan approved for the 10 initipl investors in the KRe Fund 1 LP (the ",Fund") states it will claim job creation from the indirect effects of construction and from the operations direct ~nd inclirect jobs based on reyenues. So far, of course, only construction expenditures have occurred/ and the indirect jobs to be claimed could only be determined by the economic analysis methodology used in the report. We.have not had time to obtain a revised economic. analysis based on the .soft and hard construction. costs so far, though we are willingto do so if US CIS requests it. (b)(4) To our understanding, Zipscene (wwW.zipscene.com), Which b~gc:1n With ~~~lilf capital from the Fund 2 (technically through SVARX) in early 2012~ creat~d abou direct jobs. SVARX, trying to narrow to the revised business plan approved by user .I sold its Zipscene interests in June 2014. I don't know whether USCJS would allow us to take credit. for those jobs or not, but of course we would like to, since the EB-5 investment was material in creating them. Wearcast (www.wearcast.com)~ which has received at leasd Ifrom SVAR.X, is an operating company and employs I ldirect employees. A co-investor in WearCast is CincyTech (www.cincytechusa.com), which is well-known, a. public-private seed-sta:ge investor whose mission i:S to strengthen the regional economy; eincyT¢ch's sQpportwill help Wearcast be su~cessful. Neverthele$s, similar to ·zipscene; SVAR.X is trying ~o 1\q~idat.e its investment and recapture the funds for the pr.oject We cannot say with confidence what Terry Chan might have meant when spea'king to the local paper in 2012 about between 20 .and 30 direct or indirect jobs " but we can speculate 1 i that this was a guess about the people already directly employed by SVARX and the technology companies at the time and the indirect jobs that would be derived both from that indirect employment and from the construction expenditure"s by that time. In 2012· to I my knowledge Zipscene aione had more than 20 employees. I (b)(4) 96 0 0 Response to USCISNotice of Intent to Terminate MERC October 20, 2014 Page 6 of :15 What we understand to be required is for sufficient direct and indire<:t Jobs to h~ Gteated.by the end of the conditional residence of the investors, which remains our plan~ By my hasty calculation using a rough assignment in Column 0 in our chart of income and expenses for SVARX (Exhibit 9), so far our construction expenditures have included I I soft costs of architecture, engineering, management, etc. (admittedly. more broadly interpreted than what an economist might use to predict job creation) and I lhard costs; as shown on our attached chart ot Exhibit 9. Given that :so much d"(:n workl has been completed, we expect the a much higher proportion of the remaining from new EB-5 investors will be expend:ed on ha:rd construction costs plus FF&E. e expect the total of hard .and soft construction costs to b~ substantially what the ec.ono.mist assumed .. Our plans for operations remain unchanged, so we expect to create aU those jobs; Fbr further discussion on job ereation, see:item B.i. below. ii. Failure to fully account for EB-5 capital investments · ~esponse: We have a similar concern about USCIS challenge to MERC's method of reporting how .much has been invested. · USCIS' own Q&A (Exhibit 1) has authorized regional centers to report capital as invested at the time it is placed in theNCE: Q. At what point is capital eonsiciered "invested" for purposes of inclusion i.n Part .3 of Form 1- 924A; Form 1·526 filing, I-526 approval, release from escrow (if any), or expenditure in a project? . A Capital investment occurs when the EB-5· investor's capital is actUally transferred into the new commercial enterprise·. Funds held in escrow should m>t he counted as capital invested. for the. purposes of co.mpleting Form l-924A,. Part 31 as these funds have yet to be actually transferred into the new commercial enterprise;. The FY2012 I"924A reported the lias invested for the single fi$cal year dqring which those funds were invested ~. Nevertheless, we recognize USCIS' right to require further explanation, and we seek to provide it here .. As the NOIT recognizes, 10 investors have invested nto the KRC Fund'! LP (the "Fund"). The FY2012 l·924A stated tha a een invested in SVARX LLC in the restaurant industry and I ·een investe in Zipscene LLC in the Healthcare, Tech & Life Sciences R&D industri The cu~tent 'owner of MERC was not involved in the. preparation ofthe FY2012 reportb~t believe$ that the I lnumber consisted .oJ the starred items in the chart d'iscus.seci further below. As current owner of MERC, whose ultimate owner (lisa has always owned 'most of SVARX (Martin Angiulli), I have control of most records.oftransactionsthat flowed through SVARX account. In addition, I have received from the prior owner's controlling parties (Terry and Gary Chan) a spreadsheet reflecting how certain monies were spent "on behalf of' SVARX (Exhibit 8), and .I report this Without vouching for its accuracy: (b)(4) 97 0 0 Response to US CIS Notice of Intentto Terminate MERC October 20, 2014 Page 7 of 15 (b)(4) Funds transferred directly toSVARX accounts Funds invested on behalf ofSVARX Equipment ai1d T&E paid on behalf qf SVARX Project Expenses paid on behalfof SVAR:X Reimbursements for project expenses paid on behalf of SVARX Interest paid on behalf of SVARX Banking Fees Total Obligation for SVARX principal - I can only pass along in the footnote ho~ this number reconciles with the I I listed in the I-924A for the FYending September 30,2012.3 ...____ _. Thd lnvested in Zipscene (plus ariotherl linvested in Zipscene directly by SVARX) has beertrecovered by a sale of SVARX's interest, and the recovery in June 2014 I I actually greater than the· investment) has been expended by SVARx in th~ restaurant plan. 'In qdc,iition, SVARX has invested .oth~r rnonies in another .technology . company-- Wearcast-- which have not been recovered.~ Thu$, in the big picture, we conclude from the collective recordsthatthe net allocation is as follows: (b)(4) 98 0 0 Response to USCIS Notice of Intent to Terminate MERC October 20, 2014 Page 8 of 15 (b)(4) o SVARX (after subtracting amounts distributed to or for the entities below): I I . o (N.ote: Sc>"ni.e ofthe SVARX funds were spent on additional expens·es. meant to ben·efit generally the technoiogy businesses.] o Wearcastl I We note this totals only.____ ...,...... ,...... __~ accounting of the remaining amount o as well as certai.n· early transfers o.ut or SVARX when the former owners: of MERC ha a:ythority. to mak,e su.ch transfers, bu.t we have not yet received that accounting with supporting evid(mce. I recognize now that som.e of the expenditures by SVARX were made for certain organizing and marketing expenses that USCIS prohibits for use of minimum EB-5 capital investment funds. Those expenses should have beeh covered by the Administrative Fees that .investors paid above their .EB-5 minimum capital investment, which the former MERC ownets managed. We have requested from the Chans.an accounting of those funds as well but have not received it. We believe this information will be forthcoming, if not earlier and otherwise, in the <:ontext of the SEC investigation underway inclu.d.ing those former owners . .I. intend to recover for SVARX the amounts not accounted ·for and restore to or recover fo,r SVARX apy am()urts deemed spent outside the parameters of EB-5 requirements. I (\rn in the process of mortgaging my restaurant in Pennsylvania for a line of credit to be used for any such restoration. I am in the process of contributing-- rather thah leasing-- the Angiulli Inc. ownership of the real estate involved in the project and Marti nos restaurant itself. (Exhibit 13). I bought the regional center personally.to take control. of its operation and. run it correctly. I am fully "invested" in this project, anq I iritend to ensure that all funds are fully accounted for. We are determined to man~ge all future expenses extremely carefully and with better awareness ofEB-5 restrictions. I understand that the Chans have received subpoenas from the SEC. I hope and expect details to become clearer through that process, particularly if the Chans locate and share documents to which we have previously not had.access. I expect.to supplemenUhe record .in this matter of the regional center designation ·at appropriate times. JeffJa.cobs and 1 also ask for the opportunity to have an inpetson int.ervi.ew with US CIS at an apptopri~te time, so that you might have the opportunity to assess our cregipility and caf)ability to run a regional center properly. ·· B. USCIS has determined that MERC has failed to demonstrate that it continues to serve the purpose of promoting economic growth, including increased export sales, · (b)(4) 99 0 0 Response to USCIS Not~ce of Intent to Terminate MERC October 20, 2014 Page 9 of15 improved regional productivity~ job creation, or increased. domestic capital investment. L MERC is un·Jikely to continue to serve the purpose of promoting economic growth · through the two commercial ente·rprises under its sponsorship; Manhattan Harbour Regiqnal Center Partnership This project got. caught up in the Real Estate downturn/recession and couldn't get all of its financing in place and the Developer, David Imboden of DCI Properties, put the entire project on hold back in 2010. The new management of MERC.has had some meetings with the Developer in the early summer of 2014 to. :See what his current plans are for the site. Right now he is focusing on new single-family developments atthe site and. the Marina, as reporteq in the Cincinnati/Northern Kentucky local media. KRCFund 1, LP (SVARX LQan) The Fund prepared the 2013 Comprehensive Business Plan that was approved by USCIS' with nine investors getting their l-526 approval by users and one investor pending at US CIS. We attach at Exhibit 20 an updated business plan,Jor purposes of this response to NOlT, to reflect the more recent progress on the project rnciudirig permitting and design and to reflect what parts of the plan have been completed and what remains; including expenditures made and remaining. Thi.s updated business plan is· consistent with the approved plan and is not a mate·rHil change-- just an update so USCIS can see where 'We are and what is left. The original business plan required $19 million in EB-5 capital incluqing the t.e~hl)ology projects. The revised plan reduced the amount to. $12 million just for the multiple restaurant project of SVARX. We raised $5 million by August 2012. The 2012 "tenant occupancy" memos and reque·sts for evidence suddenly issued by US CIS after many years of approving_ the counting. of building tenant jobs sent shock waves through the EB-5 market and our own marketing for the remaining investors. We needed to he receiving approvals ofi-526 petitions filed as early as .October 2011, but inste;;td we were receiving inaction and then only· requests for evidence based on tenant occupancy and other issues for a total of 23 months until January of 2014 when our first 9 investors 1-526 applications were approved by USCIS. This crippled our investor marketing, and the resulting unavailability of capital crippled our development progress. During this time we should have. been pouring funds into the ultimate renovation work, we were reduced to literally trying to ;'keep the lights on" while we waited for more funds and prepared the revised business plan and waited for adjudication to retain our existing investors. Of course our permits expired,, and we did not immediately obtain new ones given the. lack ofava_ilable capital to use them. . 100 0 0 Response to US CIS Notice of Intent to Terminate MERC October 20,2014 Page 10 of 15 Nevertheless, we have made real progress on the project. We have had a whole team of paid Consultants working on our project including: • Architect/ Engineering· Toensmeyer Architects and Engineers~ Mike arid Tom (b)(4) Toensmeyer. • Civil Engineer- Messerly Engineering· Stan Messerly. o Surveyor- Lansdale Surveying- Jay Lansdale. • B&J Electrical- Mike Doerger. o Plumbing- Nieman Plumbing- Ken Nieman. • Masonry and Restoration~ Waggoner M?sonry· Doug Waggoner We also have completed all of our utility work to each building .2612~2614, 2616, 2617, 2618, 2622, 2630 Vine Streets. This includes all new sewer, gas and water lines to each building address as well as all new Electric 440. amps to each building. Also all the interior demolition has already been completed on all the. buildings and two new roofs have been completed. on 2612~2614 and 2616 Vine Street Yes, it's true that one of .our Building permits has expired for the Facade work at 2612-2614 Vine Stre.et This is b.eca:use w.e have been waiting for .al IFa~ade grqnt to be approved by the City of Cincinnati. Under the terms of the rant, which wiii he! a for all of qur Fa~ade work to each of the buildings The City approved the district and the various ui ings m t e proJect on n ay ep ember 26th 2014 (See Exhibit 15), and we may begin the application proce·ss to .receive funds under this grant. As the buildings .in the project have received approval, we .. expect that our applications will be accepted without issues. We have bid set drawings and permit se.t drawings to be approved by the City of Cindhnati for 2630 Vine and 2617 Vine and have concept, <;iemolition and renderings. for all the other addresses in the project. (See collective .Exhibit 16) .. We have been waitil).g for new investor transfers to come in before we submit the drawings, so that we can get a realjstic construction schedule put in place. We don't. want to submit drawings for a permit until we have funds available to complete the construction or else the permit will expire. We have no doubt that we will be issued the permits we need to complete the project. ,For validation see the letter of Michael and Thomas Toensmeyet, our architects on the project (Exhibit 17). We have pre ared a new set of offering documents for the additional 14 investors needed to obtain th eeged to; complete the pro.je_ct. (Se~ collective Exhibit 21). We are now confident t at, if we can avoid term.ination of the regional cent.er and revocation and denial of the existing l-526 .petitions, we can have all 14 investors. recruited to c)ur project by year-end 2014, if not sooner, and this SV ARX,LLC project will be completed in the next 12 to 18 months. We are also still planning on making the job creation numbers of rljobs. The SV ARX project .remains as ·viable as when USCJS approved the nine 526 ~ations. Our attached updated business plan and additional exhibits explain and show .how. (b)(4) 101 0 0 Response to USCIS Notice ofJntent to Terminate MERC October 20, 2014 Page 11 of 15 (b)(4) This enterprise is actively being marketed since June 2014 (four months) .in the China immigration market by Gaotong International and. Maslink, two Chinese immigration consultant companies. We just got back in mid~August 2014 from a marketing trip in China with our new consultants. We need 14 investors to finish the SV ARX project. We already have S to 6 new investors who have committed to joining our project arid two who have already filled out the offering do.cuments and have started the transfer process. (See Exhibit 19). I recognize that even recent expenses on marketing (fees of Artisan Business and trips to China) and. legal expenses organizing the new offering have been paid from SV ARX funds. I have contributed net approximately I leash of my own funds into SV ARX (see Exhibit 11 at pages· 33-34) that fairly can be allocated to these amounts. No further marketing or organizing expenses· will be paid from SV ARX. fUnd:s but.instead only from administrative fees of new investors or from other sources that I will c.ontrib.ute to MERC for this effort and regional center monitoring and reporting costs. The middle of page 9 of the NOIT reques.ts specific items: • an accounting of all project expenditures to date Attached are the following: . (b)(4) o A spreadsheet from the prior MERC owners showing the expenditures made on. behalf of MERe accou·nting fori Ithat did not flow through SVAX.'s account (Exhibit 8) o A "Baiance She·etDetaii" derived from SVARX's Quickbooks data. bUt with additional "Memo" column. and a marking· of soft and hard construction expenditures (Exhibit 11) o A "Profit/Loss Detail" derived from SV ARX's Quickbooks data (Exhibit-12) • assets purchased and titled to the JobCreatingEnterprise (JCE) Attached are the following: o Expected assets 111 Properties ·owned by Angiullt Inc. for which I am in the process of contributing to SV ARX {See Exhibit 13). • My restaurant in Peimsylvania (See discussion above). Nqte that I have. personally gone beyomi th·e :c;omntitrnents in: the loan .agr.E!ement and other documents jn this regard in order to dernonstrate to the investors my personal commitment to the project and to their return of capital and acqui:sition and retention of permanent residence·. 102 0 0 Response to. USCIS Notice of Intent to Terminate MERC October 20, 2014 Page 12 of15 o an explanation of how 'those. disbursements relate to the stated obj.ective of the business plan ahd job creation · See Exbibit 9 above reflectingthe pt,~rposes of each expenditure, ExhlbitZO for the updated b~sjness plan and its new supporting evidence o an accounting ofthe amounts r~mainhtg for disbursement See Exhibit 20 for the updated business plan and its new supporting evidence • evidence to show that the construction associated with MERC-sponsored projects has been completed or an explanation of why the work has not yet been completed. See above explanation for delays in construction, with the evidence cited there. o evidence to show that jobs have been created or an explanation for why jobs have not been created See above discussion concerning job creation. • any other evidence deemed appropriate by MERC .to overcome the deficie·ncy noted above. See the entirety of this response and attachments. Other Projects for MERC Sponsorship to Promote the Regional Economy The Regional Center under its new ownership of Dante Bella back in early 2014 has actively been pursuing other EBS. related projects. We have been in active discussions with several real estate developers In the hospitality, restaurant, assisted livingcenters, student housing and memory care los.s centers to facilitate the use of EBS capital for their developments and job creation: • Phase II of SVARX is a $12M student housing projeCt • Point Isabella - hotel and entertainment complex on a bridge spanning the Ohio · river b,etween Kentucky anq Ohio • City of Mason Ohio- tnulti-use real estate development • Clarity Point, LLC- memory care centers • Northern Kentucky University- studerithousing (See Exhibit 22 for samples of email discussions). It is our goal to grow the Regional Center into a viable partner for real estate developers/projects and job creation 103 0 0 Response to USC IS Notice of In ten no Terminate MERC October 20, 2014 Page i3 of 15 throughout our regi.oQ.~O becqme an activ~ .and prqductive $.ource ofcapitalar:td .. kr:wwledge for years to come. Having said that, we ;;tre suspending all discussions with all developers until we obtain reaffirmation of the regional ce:nter designation. We are p~rfectly wflHng to refrain from further such discussions-- and to enter into a formal agreement with USCIS not to pro~eeq with any new projects-- until we restore USClS confidence concerning our ability to manage and monitor the current project. ii. By failing to meet its monitoring and oversight responsibilities. MERC no longer serves the purpose of promoting economic growth. a. Disbursement of investor funds contrary to provision in the Private Placement Memorandum Response: Our current leadership of MERC did not manage the Fund or its General Partner (MERCJ or any escrow arrangements at the time of the investments a:nd at the time (as leaders· of SVARX, the borrower) were assured that the investors had agreed not to use escrow and for the funds to be expended. To my knowledge ·all or almost all investors placed their capital directly into the Fund's account, not into escrow. Current MERC leadership has been meeting with investors. The .investors with whom we have spoken do not express surprise about use of their funds befqre 1-526 approval and say they cannot remember whether they specifically signed something expressing their consent. Six investors have provided letters in support ofthe regional center and the project. (See collective Exhibit 18). b. Investment in Zipscene, LLC inconsistent with March 2012 statement of regional center principals and not tied to promotion of eco~omic growth. Response: I was unaware of the statements made by the former le~(:iers.hip to the :.effect that·no funds of the first seven investors had been allocated outside the restaurant industry. W~ woul.d not have made that statement knowing what we think we know about the expenditures detailed in the attached account reports. We did not understand about limitations on industry activities of regional centers at the time, tho.ugh we are. glad about USCIS' currently more relaxed policy .in that regard. We understand and believe that the former leadership who channeled funds to those entities sincerely did expect job creation from those investments. I note to.daythat:the November 2013 business plan approved by USCIS statesthe following at page 9: 104 0 0 Response to USCIS Notice oflntent to Termittate.MERC October 20, 2014 Page 14 of15 KRC Fund I, LP will also make an investment in a comprehensive re~taurant marketing platform called Zipscene for the company-to provide servi~es to the eight restaurants in SV ARX. The cost of this investment falls in line with industry averages for restaurant marketing, which, according to the Restaurant Industry Operations Rep.ort by the National Restaurant Association and Deloitte & Touche. LLP, is around 2% ofsales. No additional monies were invested into technology companies after the revis.ed b.uslness plan was created in 2013. We did seek to recover the investments from the technology sector, and we recovered more from sale ofZipscene than was invested, and we are trying· to recover our Wearcast investment,, but we acknowledge that other funds were invested in The Source probably are. l.ost with no job creation. This was a risk that investors took in making the original investment that disdos.ed an intent to invest in technology companies, but nevertheless w.e intend to: create sufficient jobs with SVARX restaurant projects to . cover their job creation needs, and we hope to rettirn their investment With interest. We. attach as collective Exhibit 10 all the documents. related to the C!Cquisition ofinterests itt those technology companies, along with the documents reflecting sale of Zipscene interest. c. Inconsistencies between public statements of MERC principal and information provided to USCIS. Response: I .cannot speak for Terry Chan, but we have confirmed with his current legal counsel that our own guess is essentially accurate aboutwhat he meant in his 2012 quoted statement that MERC had raised I tor Short Vine: · (b)(4) 1.1 lin EBS investors. · · 2. in Streetscape grants from the City o.f Cincinnati, which Ms been under construction since April of 2014 and will be completed by November of2014. CSee Eybjbjt 1 t · 3.1 expected Real Estate Tax abatements for the next 12 years for the SV ARX project provided by the Hamilton County Auditor's office for properties renovated ih an empowerment zone in the City of Cincinnati.S (b)(4) So, Terry's r'emarks don't seem to be false when you consi·der those three points, although they could have been more precise. This align men~ of financial investment in the collective project is consistent with what we have told potential investors during our marketing efforts included in some of our marketing materials. Newspaper quotations qre not always perfectly accurate, and people speaking off the top of their head in an interview don't always say things exactly the way they might if. they were·· in a deposition. s Real Estate tax abatements may not b~ applied for until any construction proj~ct .is completed, as .the value of the tax abatements depends on th~ value of any new construction. improvem~nt. However, this program has been in place for a number of years, so we believe there should be no issue in getting approved for these abatements. 105 r 0 0 Response to USCIS Notice oflntent to Terminate MERC October 20, 2014 Page 15 of 15 Conclusion In this experience I have learned a great deal about mana,gin·g investment relationships tha:t I did not know before. I bought the regional center so that I could operate it properly and control its destiny for the benefit of investors and developers alike. I don't see how these investors w.ill ever gettheir money back or their green cards unless this·, project is allowed to be completed. If this Regional Center is terminated then the investors will lose all their investment along with my own personal financial ruin. Please allow us the opportunity to complete this and many other EBS projects. I. hope this information is useful to you and that it convinces you not to terminate the designation of MERC as· a regional center. I have put almost everything I have Jntd this project, and I am ready to do all I can to fjnish it well. J Sincerely, 106 ,, ~- vO. u· ,, ' I I '\ ( From: (423) 756-2010 Origi~ 10: CHAA ~. 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Street Jchestnut Street Name service, or similar organization established in the United States, so recognized by the Department of S.c. Apt. 0 Ste. Justice, Board of Immigration Appeals pursuant to 8 CFR 292.2. Provide the name of the organization S.d. City or Town and the expiration date of accreditation. S.e. State S.f. Zip Code 137 4 50 2.a. Name of Recognized Organization S.g. Postal Code 2.b. Date Accreditation expires ,------, S.h. Province (mm/dd/yyyy) ..,. S.i. Country 3. 0 I am associated with I USA 3.a. 4 the atto~ey or accredited representative of record 6. Daytime Phone Number ( B:IJ) [BJ -J 1lf J who previously filed Form G-28 in this case, and my 7. E-Mail Address of Attorney or Accredited Representative appearance as an attorney or accredited representative [email protected] J is at his or her request. If you check this item, also complete number. I (I.a. -t.b.l.) or number 2 (2.a. - 2.b.) in Part 2 (whichever is appropriate). 4. O I am a law. student or law graduate working under the direct supervision of the attorney or accredited representative of record on this form in accordance with the requirements in 8 CFR 292.I(a)(2)(iv). G-28102/28/13111 Divine! Roberti Carter IBaker DonelsoniiTN 01321116331Chestnut Street FLR 181ChattanoogaiTN 137 450111 [email protected] I i Form G-28 02/28/13 N Page I of 2 1;· 110 /1 . '' ,. . :~ P=!rt 3.· Notice ofAppearftnce as Attorney or 7. Provide A-Number and/or Receipt Number Accredited Representa:tiy~ I I i\,'• :·1 .. This appearance relates to immigration matters before (select one): Pursuant to the Privacy Act of 1974 and DHS policy, I hereby consent to the disclosure to the named Attorney or Accredited 1. [8] USCIS- List the form number(s) Representative of any record pertaining to me that appears in t.a. lr-924A EB-5 ·Rc Update any system of records ofUSCIS, ICE, or CBP: · 8.a. Signature of Applicant, Petitioner, or Respondent 2. D ICE - List the specific matter in which appearance is entered · .I'Mg£ ~~ 2.a. 8.b. Date (mmlddlyyyy) Ill- ,....[o-3-/0_2_/_2_01_4__ _, 3. D CBP - List the specific matter in which appearance is entered Part 4. Signature of Attorney or Accredited Re resentative 3.a. I have read and understand the regulations and conditions contained in 8 CFR 103.2 and 292 governing appearances and ·I hereby enter my appearance as attorney or accredited representation before the Department of Homeland Security. I representative at the request of: declare under penalty of perjury under the laws of the United States that the informatiori I have provided on this form is true 4. Select only one: [8] Applicant D Petitioner ·, and correct. Respondent (ICE, CBP) D 1. Name of Applicant, Petitioner, or Respondent 2. S.a. Family Name (Last Name) S.b. Given Name (First Name) 3. Date (mmldd/yyyy) 111-l. '!Jlr/ ']., () {Lj I S.c. Middle Name ·1 Part .s.· A,dd~tional Infprmation . ·.·I S.d. Name of Company or Organization, if applicable 1. Kentucky Regional Center's assigned IKentuck~ Regional Center LLC users Numbers are RCW1034150052 NOTE: Provide the mailing address of Petitioner, Applicarit,or ID1031910178 Respondent and not the address of the attorney or accredited representative, except when a safe mailing address is permitted on an application or petition filed with Form G-28. 6.b. Apt. D Ste. D Flr. D ~------~ 6.c. City or Town ~...1C_i_n_c_i_n_n_a_t_i ______, 6.d. State ~ 6.e. Zip Code!L.. 4_5_1_2_9 ______, Fonn G-28 02/28/13 N Page 2 of2 11 OMB No. I 6 I 5-006 I; Expires 0 I/3 I /2015 Form I-924A, ~; Department of Homeland Security .. U.S. Citizenship and Immigration Services Supplement to Form 1-924 ~ CI:J ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ g§ Part 1. Information About Principal of the Regional Center ! ------~~------~------~ Name: Last First Middle t3 Angiulli Martin Anthony B~ In Care Of: Street Address/P.O. Box: 2 612 Vine Street City: Cincinnati (b)(6) · I State: OH IZip Code: 4512 9 . Date of BirthJ Fax Number Telephone Number (mm/ddlyyyy)l I (include area code): (includeareacode): (513) 739-0571 Web site address: www. midwesteb5. com USCIS-assigned number for the Designated Regional Center (attach the Regional Center's most recently issued approval notice) RCW1 034150052 I ID1 03191017 8 Part 2. Application Type (check one) [8] a. Supplement for the Fiscal Year Ending September 30, · 2 014 (}'}'}')] 0 b. Supplement for a Series ofFiscal Years Beginning on October 1, __ (YYYJ? and Ending on September 30, (YYYJ? Part 3. Information About the Regional Center (Use a continuation sheet, if needed, to provide information for additional management companies/agencies, regional center principals, agents, individuals, or entities who are or will be involved in the management, oversight, and administration of the regional center.) A. Name of Regional Center: Kentucky Regional Center LLC StreetAddress/P.O.Box: 2612 Vine Street City: Cincinnati State: OH Zip Code: 45129 Web site www. midwes teb5. com Fax Number Telephone Address: (include area code); (include area code): ( 513 ) 7 3 9- 05 71 B. Name ofManaging Company/Agency: Dante Bella, LLC Street Address/P.O. Box: 2 612 Vine Street City: Cincinnati I State: OH jzip Code: 45129 Web site Fax Number Telephone (513) 739-0571 Address: (include area code): (include area code): C. Name of Other Agent: Street Address/P.O. Box: City: State: Zip Code: ._Weh site __._------· ~~x Number Telephone .L \i:·liillll]flllllllllllllllllllllllllllllllillllllllllllllllllllllllllllllllll ~!!.::'~clud___;ea_rea_cod~e): ---.( ...L.;....(in_clu,_de a_rea_cod....;...e): ___ ' RCW14Q875172Q ~ Fonnl-924A 01/03/13 Y Pagel maginger 1924A 03/28/2014 112 Q Part 3. Information About the Regional Center (Continued) Answer the following questions for the time period identified in Part 2 of this form. Note: If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and provide the response. I. Identity the aggregate EB-5 capital investment and job creation has been the focus of EB-5 capital investments sponsored through the regional center. (Note: Separately identifY jobs maintained through investments in "troubled businesses:") Aggregate EB-5 Capital Investment Aggregate Direct and Indirect Job Creation Aggregate Jobs Maintained $0 No I-829 petitions filed yet 0 2. Identity each industry that has been the focus of EB-5 capital investments sponsored through the Regional Center, and the resulting aggregate EB-5 capital investment and job creation. (Note: Separately identifY jobs maintained through investments in "troubled businesses".) a. Industry Category Title: NAICS Code for the Industry Category Ful~ Service Restaurants 7 2 2 5 1 1 ------Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: $0 No I-829 petitions filed yet 0 b. Industry Category Title: NAICS Code for the Industry Category Limited Service Restaurants 7 2 2 5 1 3 ------Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: $0 No I-829 petitions filed yet 0 c. Industry Category Title: NAICS Code for the Industry Category See Addendum --- Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: 3. Provide the following information for each job creating commercial enterprise located within the geographic scope of your regional center that has received EB-5 investor capital: a. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that 0 No DYes have or will create or maintain jobs for EB-5 purposes? Fonn I-924A 01/03113 Y Page 2 113 0 0 Part 3. Information About the Regional Center (Continued) If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: lndustty Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name Industty Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: b. Name of Commercial Enterprise: Industty Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? D No DYes If yes, then identify the name and address of each job creating business, as well as the amount of EB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: lndustty Category Title: N/A Address (Street Number and Name): City: State: Zip Code EB-5 Capital Investment Direct and Indirect Job Creation Jobs Maintained Fonn 1-924A 01/03113 Y Page 3 114 ~---~···-----~-- ... ___...... ______,,...... -.. ... ~~-...... _~ 0 0 Part 3. Information About the Regional Center (Continued) (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: c. Name of Commercial Enterprise: ) Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: i Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0 No 0 Yes If yes, then identifY the name and address of each job creating business, as well as the amount ofEB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: Fom11-924A 01/03/13 Y Page 4 115 0 0 Part 3. Information About the Regional Center (Continued) d. Name of Commercial Enterprise: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0 No 0 Yes If yes, then identify the name and address of each job creating business, as well as the amount of EB~5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): Cit)': State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: e. Name of Commercial Enterprise: Industry Category Title: N/A Aodress Street Number and Name: City: State: Zip Code: Aggregate EB-5 Capital Investment: Aggregate Direct and Indirect Job Creation: Aggregate Jobs Maintained: Does this EB-5 commercial enterprise serve as a vehicle for investment into other business entities that have or will create or maintain jobs for EB-5 purposes? 0 No 0 Yes Form 1-924A 01/03/13 Y Page 5 116 0 0 Part 3. Information About the Regional Center (Continued) If yes, then identify the name and address of each job creating business, as well as the amount ofEB-5 capital investment and job creation/maintenance associated with each job creating business. (1) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: · State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: (2) Business Name: Industry Category Title: N/A Address (Street Number and Name): City: State: Zip Code: EB-5 Capital Investment: Direct and Indirect Job Creation: Jobs Maintained: 4. Provide the total number of approved, denied and revoked Form 1-526 petitions filed by EB-5 investors making capital investments sponsored by the regional center. (Note: If an adverse action was ultimately reversed and the petition was approved, then note the case as approved.) Form 1-526 Petition Final Case Actions Approved Denied Revoke4 9 0 0 5. Provide the total number of approved, denied and revoked Form 1-829 petitions filed by EB-5 investors making capital investments sponsored by the regional center. (Note: If an adverse action was ultimately reversed and the petition was approved, then note the case as approved.) Form 1-829 Petition Final Case Actions Approved Denied Revoked 0 0 0 NOTE: USC IS may require case-specific data relating to individual EB-5 petitions and the job creation determination and further information regarding the allocation methodologies utilized by a regional center in certain instances in order to verify the aggregate data provided above. Form I-924A 01/03/13 Y Page 6 117 0 0 Part 4. Applicant Signature Read the information on penalties in the instructions before completing this section. If someone helped you prepare this petition, he or she must compete Part 5. I certify, under penalty of perjury under the laws of the United States of America, that this supplemental form and the evidence submitted with it are all true and correct. I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit being sought. I also certify that I have authority to act on behalf of the Regional Center. Printed Name of Applicant Date (mm/ddlyyyy) Martin Anthony Angiulli 03/21/2014 Daytime Phone Number E-Mail Address (Area/Country Codes) 5137390571 [email protected] Relationship to the Regional Center Entity (Managing Member, President, CEO, etc.) Sole member of RC's sole member Part 5. Signature of Person Preparing This Form, If Other Than Above (Sign Below) I declare that I prepared this form using information provided by someone with authority to act on behalf of the Regional Center, and the answers and information are those provided by the Regional Center. Attorney or Representative: In the event of a Request for Evidence (RFE), may the USC IS contact you by Fax or E-mail? D No [8] Yes Printed Name of Preparer Date (mmldd/yyyy) s(t;:l_g·:~ Robert C. Divine 03/2J/2014 Firm Name and Address Baker Donelson et al 633 Chestnut Street, Suite 1800 Chattanooga, TN 37450 Daytime Phone Number Fax Number (Areal E-Mail Address (Area/Country Codes) Country Codes) 4237524416 4237529533 [email protected] Form I-924A 01/03/13 Y Page 7 118 .. 0 . ~j 0 1800 REPUBLIC CENTRE BAICE~DONELSON 633 CHESTNUT STREET BEARMAN, CALD\VELL &... BERKOWITZ, PC CHATTANOOGA, TENNESSEE 37450 PHONE: 423.756.2010 FAX: 423.756.3447 www. bakerdonelson.com ROBERT C. DIVINE Direct Dial: (423) 752-4416 Direct Fax: (423) 752-9533 E-Mail A.ddress:[email protected] March 26, 2014 U.S. Citizenship and Immigration .Services · California Service Center Attn: EB-5 Processing Unit 24000 Avila Road, 2nd Floor Laguna Niguel, CA 92677 Re: Interim I-924A for Regional Center Filer: Kentucky Regional Center, LLC, ID 10319.10178 Dear USCIS: Please note my representation of the above-referenced regional center based on the enclosed G- 28 and accept the following interim I-924A report for the regional center, sent in compliance with the instructions ofUSCIS in the attached email interchange. The filing includes: • I-924A interim report for the current fiscal year ending 9/30/2014 • Statement of Martin Angiulli • Email interchange with USCIS Immigrant Investor Program • Report of change of ownership including the following: • Letter from Martin Angiulli reporting transaction, new ownership/management, ongoing project, and future plans for KRC • List ofl-526 petitions for the first ptojecJ of KRC • U.S. passport page for Martin Angiulli, the sole manager of the new owner • Biographies of new regional center team (Martin Angiulli, Jeffrey Jacobs, Matthew Kappers, David Buffenbarger) • Purchase Agreement dated January 21,2014 reflecting a sale of 100% membership interest to Dante Bella, LLC, whose sole member is Martin Angiulli • Conditional Assignment of Membership Interest, to the same effect • State of Ohio Secretary of State Certificate of filing of Articles of Organization of Dante Bella, LLC • State of Ohio Secretary of State Certificate of good standing of Dante Bella, LLC • Dante Bella, LLC Operating Agreement reflecting Martln Angiulli as sole member ALABAMA • FLORIDA • GEORGIA • LOUISIANA MISSISSIPPI • TENNESSEE • TEXAS • WASHINGTON, D.C. 119 0 Please place these in your permanent file for the Kentucky Regional Center, LLC. Thank you for your assistance. Respectfully, · r ~61~ Robert C. Divine / 120 0 0 STATEMENT OF MARTIN ANGIULLI I, Martin Angiulli, am Principal of Kentucky Regional Center, doing business as Midwest EB-5 Regional Center ("KRC"). USCIS designated KRC as a Regional Center on April 29, 2010, with an amendment request approved on June 25, 2013. At the direction of US CIS by attached email in response to KRC's report of a change of ownership with a letter and supporting evidence (attached), KRC now updates its Form I-924A annual report for the fiscal year starting October 1, 2013 and ending September 30, 2014. The information in this form and all supporting documentation only apply to the 2014 fiscal year as required by the I-924A instructions. (b)(4) As an overview, KRC has sponsored one project whose "new commercial enterprise" is KRC Fund I LPA, 9 of whose 10 investors' I-526 petitions have been approved, all in the current fiscal year, and the 1Oth is still pending. By the records we have inherited, we determine that thel I capital of these 10 investors l.. ___ _. each) was reported in full in the I-924A for the fiscal year ending September 30, 2012. None of our only project's investors' I-829s have been approved (or filed), so in keeping with USCIS' guidance and FAQ for I-924A, we have no investment or job creation data to report for the current fiscal year. (b)(4) 1. Aggregate amount of EB-5 capital invested through KRC In FY 2014, the aggregate amount of EB-5 capital investment through KRC was $0. 2. Aggregate number of new direct and/or indirect jobs created through KRC New direct and/or indirect jobs are in the process of being created with the EB-5 capital already invested in KRC Fund I, LP. As permitted by USCIS~ KRC .has adopted the approach of estimating job creation based on the number of I- 829 petitions that have been approved. None of KRC's EB-5 investors are able to file I-829 petitions yet, so there are no jobs to report yet. 3. The industries that have been the focus of EB-5 capital investments sponsored through KRC and resulting aggregate EB-5 capital and job creation in fiscal year 2012 KRC has no sponsored capital investments in its approved industries in FY 2014: 121 0 0 4. Name, addresses, and industry category titles of each job creating commercial enterprise located within KRC's geographic scope that has received EB-5 capital KRC currently has no job creating commercial enterprises located within its geographic scope that have received EB-5 capital in FY20 14. 5. Job Creating Businesses KRC currently has no job-creating businesses that have received capital investments in FY 2014. 6. Total number of approved, denied, and revoked 1-526 petitions In the FY 2014 nine of KRC's investors' I -526 petitions have been approved and one remains pending. None have been denied or revoked. 7. Total number of approved, denied, and revoked 1-829 petitions KRC had no 1-829 petitions filed during FY 2014. Therefore, no 1-829 petitions were revoked or denied. ~~ Martin Angiulli ,f'r' \ I 122 .o (b)(6) 0 From: USCIS 'Immigrant Investor Program Dear Robert C. Divine, Thank you for notifying USCIS of the change to your regional center ownership/management. This will be noted in your file. In accordance with 8 § CFR 204.6(m)(6), USCIS requests that you submit an updated Form I-924A within the next 60 days reflecting the changes to your regional center. Sincerely, fmmigrant Investor Program Office U.S. Citizenship and Immigration Services From: Divine, Robert [mailto:[email protected]] Sent: Wednesday; March 12, 2014 2:33PM To: USCIS Immigrant Investor Program Cc: Martin Angiulli ([email protected]); Jeff Jacobs Subject: Change of Ownership/Management: Kentucky Regional Center RCW1034150052 I ID 103191078 Dear USCIS Officer: Please take note of my new representation of Kentucky Regional Center (KRC} and its change of ownership and management. My G-28 fully executed is attached reflecting my new representation ofthis regional center. Please provide directions for any required paper submission of the original, which I have. Please note that we corrected by hand the street number from 2618 to 2612, but the barcode data might say 2618. Apparently 2618 is a restaurant owned by the RC owner, Martin Angiulli (restaurant is "Martino's"). I have attached an un-signed version that is electronically generated that should have the correct bar code if you scan it. Also attached is the most recent approval dated June 25, 2013, which mentions that KRC was first approved on April 29, 2010. No change of industries or geography is requested. According to my understanding of the statements of Mr. Robert Cox at the February 26, 2014 EB-5 stakeholders meeting, this email should suffice to alert USC IS of the change, and KRC chooses not to file an optionall-924, instead providing the relevant information for your files confirming that KRC continues to promote the regional economy. We attach the following in one pdf: • Letter from Martin Angiulli reporting transaction, new ownership/management, ongoing project, and future plans for KRC • List of 1-526 petitions for the first project of KRC • U.S. passport page for Martin Angiulli, the sole manager of the new owner · • Biographies of new regional center team (Martin Angiulli, Jeffrey Jacobs, Matthew Kappers, David Buffenbarger) 123 • Purchase Agreement dated Jan~ 21, 2014 reflecting a sale Of 100% memQ,hip interest to Dante Bella, LLC, whose sole member is Martin Angiulli • Conditional Assignment of Membership Interest, to the same effect • State of Ohio Secretary of State Certificate of filing of Articles of Organization of Dante Bella, LLC • State of Ohio Secretary of State Certificate of good standing of Dante Bella, LLC • Dante Bella, LLC Operating Agreement reflecting Martin Angiulli as sole member The contact information for the center will be as follows: Mr. Martin Angiulli, Member Kentucky Regional Center, LLC 2612 Vine Street Cincinnati, OH 45219' Phone: 513-739-0571 Email: [email protected] Website: www.midwesteb5.com I trust that this report will be sufficient. Please notify me if any clarification is. required: Robert C. Divine Shareholder, Immigration Group Chairman Baker Donelson Bearman Caldwell & Berkowitz, P.C. Firm immigration web site: www.immiqration.bakerdonelson.com My Bio: http://www. bakerdonelson .com/robert-c-divine/ E-Mail: [email protected] Direct Fax: 423.752.9533 At Chattanooga Office: 633 Chestnut Street 1800 Republic Centre Chattanooga, TN 37450 Phone: 423.752.4416 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC represents clients across the U.S. and abroad from offices in Alabama, Florida, Georgia, Louisiana, Mississippi, Tennessee, Texas, and Washington, D.C. "100 Best Companies to Work For®" 2014- five years in a row. Under requirements imposed by the IRS, we inform you that, if any advice concerning one or more U.S. federal tax issues is contained in this communication (including in any attachments and, if this communication is by email, then in any part of the same series of emails), such advice was not intended or written by the sender or by Baker, Donelson, Bearman, Caldwell & Berkowitz, PC 'to be used, and cannot be used, for. the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting. marketing or recommending to another party any transaction or tax-related matter addressed herein. This electronic mail transmission may constitute an attorney-client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it. and notify the sender by reply e mail, so that our address record can be corrected. 2 124 0 0 Midwest EB~.S. 'Regional. Cepter 2:6~2 Vine StreetJ Qincinn~ti,.Ohio•l '4.5219 Phon~::. 513q3·9,·QS'7'1 . . www;tnid:we~teb.S):.orn Match 1.1,2M4· U.S. Citize'nship &. lmmi'gtation·Setv!ces Imn1igrant Jn:vestor:Prog_ram . · Via electronic r'nail Deat USC.IS: As. reflected in the attached·do9umet1ts, a company or which i am s'CHe. memb~r;. Dante; Bella, LLC, has.purGhase9. Kentucky Regional Center, LLC·(KRC) d./blaMid~f!st EE}-S·R<:gi~;maL Center, from ·prior owners Terry Chan and Gary Chmt (By the way,T~rry 'Ch~m is married to my daughter}: Pant¢ B.ella, LLC is a limited liability cotnpany in ·go6d.standing .. 'J KRe: bas sp0nsor.ed o.ne: prdjeC.t :for. ~whj¢h a .cgmpah~ tcorittoi; s¥··A,Rx;; i~· the joJ?·;cre~ting. ~n~ity b~neptting.from aJpanJiom th~,n.ew.col.i:uJi~rciai·efl.!~tpti's.e:; KRC"Ftin41 LPA. ThCJ.t· proje,ct is ongoing an~ is j:he;~stibj¢¢t of I-5 76:p·et.itions .iq;~ntftiec! jb. .fu.e c:trt~¢h¢d Jis.t .. I ihfend to seek oth~r,projects that can .use the Regional Center to CJ.ttract EB-:5 inv~stor::; who -can t]l~reby c.ount the direct and indirectjob creation resulting-from theitinvest,nents. Some exarnples.of projects. we are ·c9n'sitieting cir pursuing include restaurants; .a hqt~l in doWI1to\Vn C:irtci'nnati., and assisted' living .centers. We look forward to.managing the regionar centet to pr.omot~ the ec·on~i~yin the U'.S. We. '0fere not sure of the method [>y which to notify US CIS· a:bout:tbe acquisition ofthe·regional 'center, and. we were relieved to learn from reports of the re_C~i1t stakeholders meeting of the· prqpriety of email notificati~h, and W.e hf\Ve ·squgbt prmnptly to ... gafh¢r jhe- attached information to make .a useful collection of infotn1~tion. - · 11 P a g. e. 125 0 0 Petitions for kentucky Regional Center Project: KRC Fund I, LP No.I Name I D.O.B I USCIS Receipt Number: I Status I (b)(6) 126 0 0 Midwest EB-5 Regional Center MIDWEST EB-5 REGIONAL CENTER Management Team Martin Angiulli -Principal Mr. Martin "Mop" Angiulli has expertise in the restaurant industry and EB-5 regional centers. Mr. Angiulli has owned and operated succes.sful restaurants in Ohio and Pennsylvania for over 20 years. He has managed all aspects of restaurant operations including purchasing, human resources, and site development. Prior to his hospitality career, Mr. Angiulli worked,25 years for United States government in the Internal Revenue Service (IRS) division. His long-term experience working for the US government helps the Regional Center with its relations with. the various US government agencies. Jeffrey Jacobs- Director of Construction and Operations Mr. Jacobs has 20 years of specialized real estate development and management experience, of which the last 10 years have been concentrated in real estate development in the Greater Cincinnati Area. Some significant achievements from Jeff's 20 year career include: • Construction and development of over 35 custom made villas, and the completion of numerous renovation projects in the city of Cincinnati; • Development, building and management of over 500 apartments, including a 422 bed apartment project near the University of Cincinnati. • Construction of 125 high-end custom condos in North Carolina, Ohio, and Florida • Renovation of two large office buildings, and 30 high end historical apartments • Expansion of various commercial projects, including offices, restaurants etc. Mr. Jacobs is a graduate of Morehead State University. Matthew Kappers- Director of Business Development Mr. Kappers has extensive experience in completing rnergers and acquisitions, as well as post acquisition operations. He has managed acquisitions and divestitures internally for two multi-billion dollar NYSE companies as well as providing M&A advisory services at Concordia Financial Group. In addition to his M&A background, he has been the COO for several small to medium-sized privately held companies. His background provides him with a combination of transactional expertise and operational experience. He has been directly involved in more than 150 transactions over the past 16 years, with deal sizes up to 128 0 0 $50 million. Mr. Kappers earned a B.A. degree from Vanderbilt University and a M.B.A. degree from Miami University. David Buffenbarger- Director of Accounting and Fina~ce Mr. Buffenbarger has over 26 years of experience in accounting and financial services management. He is a Certified Public Accountant licensed in the State of Ohio. Mr. Buffenbarger specializes in providing financial advice to closely held businesses. He is also involved in a number of diverse businesses including a renewable energy company and a pharmaceutical development firm. In addition, Mr. Buffenbarger served as the Chief Financial Officer of a t.ax lien investment fund and a national financial services company. Mr. Buffenbarger earned a B.A degree in accounting and finance from Wright State University. 129 (b)(4) 0 0 PURCHASE, RELEASE AND IND.EMNIF.ICATION AGREEMENT' . . ' . . '• . ' . . . . ·~ . . . . ~ '· . .. . . -:·. . 583563v1 130 0 0 (b)(4) p835o3v1 131 (b)(4) 0 3 132 (b)(4) 0 0 4 133 0 0 (b)(4) 134 0 (b)(4) 0 583.563v1 135 0 (b)(4) 0 7 583563v1 136 0 (b)(4) 0 8 583563v1 137 ·------1 0 (b)(4) 0 S83563v,1, 138 0 (b)(4) 0 10 S83564v1 139 0 (b)(4) 0 JARDIN H!LL, L~C GARY CHAN -.. ART IN .ANGIUL ·, as to the.felease arid .lnd·~mnification p··.ovisions: 0f'parC)grc;~ph e·orily · · · · 11' 140 0 0 .J. . . S, as to the :release and lndemnifica,t.ion provisions. of paragraph 6 only · SVARX, LLC , .as to the release ·an~ lndemniJicaJiqn prqvlsioris.9f. ·· · paragr<:tph 6 o.nly,. ANGfULLI! Inc. i.: r, as· to the release· and Indemnification provisions of paragraph .6 only 11 582236v1 l41 0 0 r~,., Teny Chan SVARX,'.Ll.C· ' :fid 1:. - .o\4J~M · .Der 1 .MICI~rttltesu •rio h':6f:'tMif.U.1~ ,ro'.'i~IC'iu of n~1JP'f\com · \~ 142 0 0 (b)(4) :COND!TIQNAL f.'SSI.GNMENT,QF Mi;Mf3:ERS.H!,P INTERE§T . / 5829~()y]. 143 -··-----~-- I 0 (b)(4) 0 i . i Jardin Hill', tLC 2 582996.vl · 144 0 0 DANTE. ' . " •... BELLA ' .. I XLC.. • , ... ~ ·::...:/ l ay,; ~~G....:...;__;_~~~__;_ __ 5.829'90vl 145 0 0 1111111111111 II 1111111111111 DATE DOCUMENT ID DESCRIPTION FILING EXPED PENALTY, CERT COPY 01/22/2014 201402200968 ARTICLES OF ORGNZTN/DOM. PROFIT 125.00 200.00 0.00 0.00 0.00 LIM.LIAB. CO. Receipt This is not a bill. Please do not remit payment. MINNILLO & JENKINS CO LPA 2712 OBSERVATORY AVENUE CINCINNATI, OH 45208 S T A T E OF 0 HI 0 CERTIFICATE Ohio Secretary of State, Jon Husted 2262062 It is hereby certified that the Secretary of State of Ohio has custody of the business records for DANTE BELLA, LLC . and, that said business records show the filing and recording of: Document(s) Document No(s): ARTICLES OF ORGNZTN/DOM. PROFITUM.LIAB. CO. 201402200968 Effective Date: 01/22/2014 Witness my hand and the seal of the Secretary of State at Columbus, Ohio this 22nd day of January, A.D. 2014. . United States of America ~./k·t;;.l State of Ohio Ohio Secretary of State Office of the Secretary of State 146 0 0 UNITED STATES OF AMERICA STATE OF. OHIO OFFICE OF THE SECRETARY OF STATE I, Jon Husted, do hereby certify that I am the duly elected, qualified and present acting Secretary of State for the State of Ohio, and as such have custody of the records of Ohio and Foreign business entities; that said records show DANTE BELLA, LLC, an Ohio For Profit Limited Liability Company, Registration Number 2262062, was organized within the State of Ohio on January 22, 2014, is currently in FULL FORCE AND EFFECT upon the records of this office. Witness my hand and the seal of the Secretary of State at Columbus, Ohio this 3rd day ofMarch, A.D. 2014. Ohio Secretary of State Validation Number: 201406202630 147 (b)(4) / LIMIT-ED LIABUJrY COMPANY OPERATING AGREEMENT . '" . . ' . ' ' ,• . . ' ~ ,, . . ' F0.R DANTE BELLA~ L.LC 148 0 (b)(4) 0 149 (b)(4). 0 0 150 (b)(4) 0 0 151 0 (b)(4) 0 152 C) (b)(4) ,CERTIFICATE OF FORMATION i I Signature%£2~ · , · Percent: H)O% 153 EXHIBIT 1 (b)(4) 154 ./ 6' (b)(4) .EXHIEUi2 .SIGNED AND'AGREE() th.i~_L_{_ day·of f!:!¢·.¢ 155 Sl . Ship Da(e: 271AAR 14 o · intO· CHAA ~.. AciWgt 1.0 LB • ~i'·~·:· · '.!fJ :mi~millllll~l!~ll~llllllllilllllllllllllllllll - -:::-::-::--~BILlSHIP TO: (.QJ) 756-2010 S~ENDERIRef# . 010629 2924798-00000 California Service Center· Invoice# PO.i# USC I~. Dept# 24000 Avila Road, 2nd Floor' LAGUNA· NIGUEL, PA9.267J FRI•28 M~RAA . :rRKii .... , ' . STANDARD OVERNIGHT 10201. r 7983.5287 3'3od 92677 CA-US .. ;.~ XH JO;RA SNA '· Ef I f22GI ,l(;f;tf..f2:.U · d 0 I ---.,.... -~--- I .~. lh'll;trlmt·nt of ll!omd:IIHI ~n·uril\ 1 \ ( 1111\'lhliip :11\.iiJI>IIH:'I,IIIolll '-..;[\ 1,:, .... IIUI!Ii!'f!.tlll /JJt'r',\/UJ' f't•'l..'I'UNI I ;1 \I '>111:d. \I. \l.uhtnp .:.::' \\:1 .IIIIL:I•III. I)( .!ll'-"1 U.S. Citizenship ~tnd linmigralion Services February l:l, 201 i) i\lartin .\nl.(iulli 1\.ent.ucky Hegional Crmtt·r DB:\ l\[idwvst EB·;) Regwnal C'e!llcr- Designation Terminated 2()1~ Vine Street Cincinnnti. Oil ,If> I :W Notice of Termination This IPt.t\'1' shall servv m; nutifieation that U.S. t'itiwn:-~hip and Immigration Serviees ("USCIS'') has terminated the designntion ofKentuek.v Hegional c(~ntPr DBA Midwest EIH> Hegionnl <'enter ("l\:JEIU'") ns a l'<~giunal center under tlw lmmigrnnt Investor Pt•ogram ("Progt·am") JHtrsuant to Title H of tlw ( 'odp of Ft•d('ntl Hegulation~' ("H C.F.H."l spet ion 20.U1(m)Ui). 'f'erminmion of' !J:Irticipntion ol' n•,t.donnl r·entNs. To t•nsun• that regionnl Cl'l)(t•t':,i cunttiHII' to llll'L'I t}lt' l'l'(j\lli'Cil1C'l1!S of Sl'clioJl nl!l(a) ur tlw :\ppropriations :\ct. a regional ePnter must pro\'id<: liSCIS with updatPd inl'ot•mntion to dcnHmst.rak tlw r<>gional cl'ntt•J' is continuing to promotP c•conomic grmvt.h, improvud n~gionnl productivity, job en·ntion, or incrcw-H·d donH::-dic capital investment in the upprm•ecl geographic area. Such in!(Jl'lnatwn must he submitted to l ISCIS on :111 annual hnsis. on :1 cumulat i\'P llltsis. and/or ns otlwrwisl' rvqiH·sted by liS( 'IS. usmg a form dvsignated for this purpose. USClS will issue a notic:v of intent to terminatP tlw participation of a rugional c(~nt.vr in the pilot p1·ogt·am if a regional ecnter faiiH to submit tlw n•quircd inl(n·mnt.ion ot· upon n dl't<~nnin:lt ion t bt t lw I'Pgion:d et>ntt~r no longt•t' st~t'\'es the purpose> of promoting t•t·onomic gJ'()Wt h. including lncn'ased export sales. improvt·d regional producnvJty. joh !:r<·ation. and JIJ('J't~asf'd domcst ic capitnl investment. Tlw not irP or intPnt to H·rlllinatt• shall bt• mnde upon notice to tlw n•gionaleenlt!l' and shall set forth llw rcasor1s liH' t<>rmination. The rc~gional cenlt•r must be pr·ovided :10 clays l't·om n.'eeipt oftlw noticv of int<•nl to tl'rminnlt• tu offl'l' t:vidl'llt~t· 111 opp(lsition In tht• ground or \\\\ w.usds.gor 157 Kentucky Regional Center DBA Midwest EB·5 Regional Center- Designation Terminated ID (formerly 1031910178) RCW1031910178 Page 2 grounds alleged in the notice of intent to terminate. If USCIS determines that the regional center's participation in the Pilot Program J should be terminated, USC IS shall notify the regional center of the decision and of the reasons for termination. As provided in 8 C.F.R. 103.3, the regional center may appeal the decision to USCIS within 30 days after the service of notice. On September 17, 2014, USCIS issued a Notice of Intent to Terminate ("NOIT'') to MERC, which afforded MERC 30 calendar days from receipt of the notice to offer evidence in opposition to the grounds alleged in the NOIT. On October 22, 2014, USCIS received a response from MERC to the NOIT (the "NOIT Response"), which did not sufficiently address the grounds alleged in the NOIT. Accordingly, USCIS has determined that MERC's participation in the Program should be terminated. Through this Notice of Termination, USCIS hereby terminates MERC's participation in the Program. Reasons for Termination USCIS has ~etermined that MERC no longer serves the purpose of promoting economic growth, including increased export sales, improved regional productivity, job creation, or increased domestic capital investment. Evidence provided in the NOIT Response also supports USCIS' determination that MERC failed to submit information as required by 8 C.F.R. 204.6(m)(6). A. MERC no longer seryes the puroose of promoting economic growth thrgugh the two commercial enterorises under its sponsorship. i. MH Entertainment I &gional Center Partnership The NOIT outlined why USCIS believed MERC would not realize its stated objective to facilitate EB·5 capital investment in the Manhattan Harbour Project and the associated MH Entertainment I Regional Center Partnership's efforts to create jobs through residential·commercial development of the Dayton, Kentucky riverfront. In the NOIT Response, MERC acknowledged that there has been no activity promoting economic growth through the Manhattan Harbour project, stating that the project "couldn't get all of its financing in place" and was suspended in 2010. MERC states that some meetings 1 On September 28. 2012, President Obama signed Public Law 112·176 which amended section 610 or Public Law 102-395. Publtc Law 112~176 struck the word "pilot" from section 610 of Public Lnw 102·395 and extended the Immigrant Investor Program until s~'Ptembcr 30, lOIS. See Pub. L. No. 112·176, 126 Stot. 1325 (Sept. 28. 2012). 'llte regulations have not been updated to reflect this statutory amendment. 158 Kentucky Regional Center DBA Midwest EB·5 Regional Center- Designation Terminated ID (formerly 1031910178) RCW1031910178 Page3 took place in the early summer of 2014 but offers no evidence suggesting how MERC will enable the Manhattan Harbour Project to achieve its goals. Based on this and all evidence in the record, USCIS has determined that MERC no longer serves the purpose of promoting economic growth through the MH Entertainment I Regional Center Partnership. ii. KRC Fund I, LP (b)(4) On January 13, 2014, USCIS approvedr-1·526 petitions associated with KRC Fund I, LP, a new commercial enterprise span~ by MERC. Dadditional 1·526 petitions associated with KRC Fund I, LP are pending USCIS adjudication,nfiled on December 16, 2013 anQ filed on January 22, 2015. USCIS has not recei~ny other petitions associated with KRC Fund I, LP. ""------'• In the NOIT Response cover letter, current·MERC principal Martin Angiulli states "[m)y separate company, SVARX, LLC, is the borrower of the EB·5 capital at issue collected by the 'new commercial enterprise,' KRC Fund I, LP." According to the SV ARXI Projrt Economic Impact Study, ~oject would create a total o~s, including jobs from construction and L..J jobs from operations, of which D jobs would be direct jobs from restaurant operations. Based on a lack of demonstrated progress with the SV ARX Project, the NOIT requested that MERC provide evidence showing that MERC continues to serve the purpose of promoting economic growth through the project. The NOIT Response states that the SV ARX Project remains viable and is still projected to meet job creation targets. However, the evidence provided in the NOIT Response does not demonstrate that MERC continues to promote economic growth through KRC Fund I, LP. The record shows that many expenditures to·date are inconsistent with the SV ARX Project business plan and with job·creating purposes generally. According to the NOIT Response cover letter from Martin Angiulli, "so far our construction expenditures have included I lsoft costs of architecture, engineering, management, etc. (admittedly, more broadly interpreted than what an economist might use to predict job creation) and I ~ard costs, as shown on our attached chart at Exhibit 9." As Exhibit 9 to the NOIT Response, MERC provided a chart of expenditures for the SV ARX Project which shows deposits and withdrawals for project accounts with Chase and U.S. Bank between October 1, 2011 and September 22, 2014. Many of the expenditures categorized as hard (b)(4) 159 Kentucky Regional Center DBA Midwest EB·5 Regional Center-Designation Terminated ID (formerly 1031910178) RCW1031910178 Page 4 (b)(4) construction costs or soft construction costs in this chart do not appear to be legitimate SV ARX Project expenditures. For example, a transfer in the amount o4 Ito then· MERC principal Terry Chan on October 11, 2011 with the memo "Tech Fund" is listed as a hard cost. A November 9, 2011 expenditure in the amount of I ~t 11\EA with the memo .. Office Furniture tech fund" is listed as a hard cost. The soft construction cost category also includes expenses which do not appear to be legitimate SV ARX Project expenses. For example, a November 14, 2011 expenditure in the amount ofl ~t an Apple Store with the memo "Tech Fund suppliesn is listed as a soft cost. Expenditures for furniture, fixtures, and equipment such as these typically occur near the end of a construction project when the facility is completed and undergoing final outfitting for operations. The items associated with the above expenditures appear to be purchased for the benefit of the regional center rather than as part of the SV ARX Project. Furthermore, based on evidence in the record, including the NOIT Response, it appears that EB·5 capital was used to cover regional center expenses such as payments for "organizing and marketing expenses, including trips to China", rather than in furtherance of job creation via the SV ARX Project. In the NOIT Response cover letter, Martin Angiulli acknowledges this and states, "I recognize now that some of the expenditures by SVARX were made for certain organizing and marketing expenses that USCIS prohibits for use of minimum EB·5 capital investment funds." In the NOIT, USCIS indicated that there did not appear to be active permits associated with the SV ARX Project. In the NOIT Response, MERC acknowledged that any permits received have expired: "[w]e have been waiting for new investor transfers to come in before we submit the drawings, so that we can get a realistic construction schedule put in place. We don't want to submit drawings for a permit until we have funds available to complete the construction." In Exhibit 17 to the NOIT Response, MERC provided a letter from architects Michael and Thomas Toensmeyer asserting the feasibility of obtaining building permits once applications are submitted. The letter discusses permits needed for future work, but does not provide evidence of construction progress to· date. In the NOIT Response cover letter, Martin Angiulli states that waiting for USCIS adjudication of 1·526 petitions "crippled our investor marketing, and the resulting unavailability of capital crippled our development prorss." ;•htbit 8 to the NOIT Response- chart from prior MERC owners- shows tha n EB·5 capital was disbursed to the SV ARX Project account by August 2, 2012. Ad 'tionally, the November 2013 business plan states, "[a]s a fallback option, in case the requisite amount of capital is not raised through EB·5, SV ARX also has the ability to borrow funds from a number of local, regional and national banks in the area." The record does not reflect progress in the (b)(4) 160 Kentucky Regional Center DBA Midwest EB·5 Regional Center -Designation Terminated ID (formerly 1031910178) RCW1031910178 (b)(4) Page 5 construction and operation of new restaurants consistent with the IIEB·5 investment into KRC Fund I, LP. L___j The NOIT Response cover letter states that progress to·date includes utility work, interior demolition, and roof work. While the SV ARX Project chart of expenditures includes disbursements that appear to be related to this work, categories for recent expenditures also include "Jeff China Trip", "Las Vegas EB5 conference", "London trip", and "Project offering documents." As Exhibit 20 to the NOIT Response, MERC provided an updated version of the November 2013 Comprehensive Business Plan for KRC Fund I, LP. Page 9 of the business plan includes a "Uses of Capital" table which categorizes all uses of capital into different restaurant concepts and project overhead. The records for the SV ARX Project accounts demonstrate that EB·5 funds invested in 2011 and 2012 were not disbursed in a manner consistent with the job·creating purposes described in the business plan. Based on the evidence in the record related to the SV ARX Project, including the evidence that MERC provided in the NOIT Response, USCIS has determined that MERC no longer serves the purpose of promoting economic growth, including increased export sales, improved regional productivity, job creation, or increased domestic capital investment through the KRC Fund I, LP. B. By failing to meet the monitoring and oversight responsibilities set forth in its designation letter. MERC no longer serves the purnose of promoting economic growth. The NOIT asserted that MERC has failed to fulfill the monitoring and oversight responsibilities detailed in MERC's initial regional center designation approval letter dated April29, 2010. USCIS noted that MERC's responsibilities were reinforced by its fiduciary role as general partner of KRC Fund I, LP, which, as was previously noted, is the only active new commercial enterprise in the regional center. The record, including the NOIT Response, indicates that MERC has not met its management and oversight responsibilities. i. Investment inconsistent with statements ofregional center principals to USCIS and not tied to promotion ofeconomic growth The NOIT referenced a statement from MERC's then·managing principals Terry Chan and Gary Chan dated March 7, 2012 and accompanying several 1·526 petitions, indicating: KRC Fund I, LP has begun advancing loan payments to SV ARX, LLC to begin development portions of the project pursuant to the business plan. I ·~··~ 161 Kentucky Regional Center DBA Midwest EB·5 Regional Center- Designation Terminated ID (formerly 1031910178) RCW1031910178 Page6 Until the pending amendment is approved, MERC has allocated the investment funds of these seven immigrant investors solely towards job creation activities in the approved restaurant industry. These investor funds have been segregated into a separate pool of EB·5 investor capital. These funds will only go towards the acquisition and renovation of buildings (b)(4) to house restaurants, along with the associated tenant improvements and incentives in the restaurant industry. Contrary to this statement, the November 2013 business plan included a reference to an investment in Zipscene, LLC and the NOIT Response indicates that there were additional investments in technology companies that were inconsistent with the statement of the regional center principals. The chart of expenditures for the SV ARX Project, in Exhibit 9 of MERC's NOIT Response, shows al lpayment to Source LLC (also referred to as The Source) on November 18, 2011 with the memo "Tech Fund" and a I ~ayment to an entity called Wearcast on November 23, 2011 with the memo "Tech Fund investment." The chart lists additional payments to Source LLC on January 26, 2012 and February 15, 2012 totaling I I and these payments are categorized as "Investment- The Source Labs." The investments in Wearcast and Source LLC were not included in the November 2013 Comprehensive Business Plan for KRC Fund I, LP and were not disclosed in MERC's I·924A filings with USCIS. As noted in Section A.ii. above, many of the transactions listed in the chart of expenditures for the SV ARX Project are also inconsistent with the statement that the first seven investors' funds would go solely towards job creation activities in the approved restaurant industry. Additionally, from financial records provided by MERC in its NOIT Response, USCIS believes that the purchase of MERC by Mr. Angiulli from Messrs. Terry and Gary Chan was funded with EB·5 capital. In Exhibit 9 of the NOIT Response, the chart of ex enditures for the SV ARX Project shows that SV ARX purchased the '1Colonade" for on December 21, 2011 using EB-5 capital contributions. Based on an earlier •e...... -ru_a_ry....,.2012 Comprehensive Business Plan for KRC Fund I, LP included with 1·526 petitions, USCIS understands the Colonade to be a property located at 2718 Vine Street in Cincinnati, Ohio. The expenditure chart shows a deposit to the SV ARX Project account of I lon January 24, 2014 from proceeds of the subsequent sale of the Colonade. The chart indicates thad lwas transferred from the SV ARX Project account to Angiulli, Inc. on January 24, 2014. Since the SV ARX Project account balance was I l,nor to the deposit of proceeds from the Colonade sale, the majority of the funds for th4 ~ayment to Angiulli, Inc. came from the proceeds of the Colona de sale and, consequently, from EB·5 capital contributions. A Letter of Intent included as Exhibit 13 to the NOIT Response shows that Martin Angiulli is the president and owner of Angiulli, Inc. As Exhibit 6 to the NOIT Response, MERC provided a purchase agreement showing that 162 Kentucky Regional Center DBA Midwest EB·5 Regional Center- Designation Terminated 1031910178) (b)( ) ID (formerly 4 RCW1031910178 Page 7 Martin Angiulli purchased MERC from the Chans foJ Ln January 21, 2014. Based on the timing and dollar amounts of the transactions related to the sale of the Colonade and the purchase of MERC in January 2014, USCIS believes that Martin Angiulli improperly used EB·5 investor funds from the SV ARX Project to purchase MERC from the Chans. The financial records provided by MERC in its NOIT Response also clearly demonstrate disbursements made to individual principals of MERC that do not relate to the professed business plan as disclosed to investors and do not relate to the creation of jobs. For example, the SV ARX Project chart of expenditures shows thad lvas transferred from the SV ARX Project account to then·principal Terry Chan in October 2011. The way investment funds were allocated was inconsistent with MERC statements provided to USCIS and demonstrates MERC's inability to monitor and oversee investment activities under its sponsorship and, by extension, its failure to promote economic growth. ii. Fa11ure to fully account for EB-5 capital investments The NOIT alleged that MERC has not fully accounted for EB·5 capital investments under its sponsorship. In its 1·924A filing for the fiscal year ending September 30, 2012, MERC indicated that it sponsored ln aggregate capital investment through KRC Fund I, LP. In the same filing, MERC indicated that KRC Fund I, LP served as a vehicle for investment into two job-creating businesses ~ 'n SV ARX, LLC and I I in Zipscene, LLC. The sum of investments m the two job·creating businesses is I peavind ~naccounted for in the filing. The NO IT Response indicates that MERC remains unable to account for the full I.. __ ...,. in EB·5 capital investment. As Exhibit 8 to the NOIT Response, MERC provided a chart from MERC's prior owners showing "funds loaned to or paid on behalf of SVARX, LLC" by KRC Fund I, LP. Notwithstanding USCIS concerns regarding the figures provided in this chart, the total of the transactions is r I In the NOIT Response cover letter, Martin Angiulli acknowledges that MftRC remams unable to account for all EB·5 capital investments under MERC's sponsorship: We note this totals onl~ I We have asked the former owners ofMERC for an accounting of the remaining amount od las well as certain early transfers out of SVARX when the former owners of MERC had authority to make such transfers, but we have not yet received that accounting with supporting evidence. (b)(4) 163 Kentucky Regional Center DBA Midwest EB·5 Regional Center- Designation Terminated ID (formerly 1031910178) RCW1031910178 Page 8 (b)(4) Additionally, the NOIT Response- in both the chart of SV ARX Project expenditures and the chart from previous MERC owners - shows that I I of EB·5 capital was deposited into the SV ARX Project account, all during the fiscal year ending September 30, 2012. The record demonstrates that, contrary to the SV ARX Project business plan, KRC Fund I, LP did not loan all EB·5 capital to SVARX, LLC. Furthermore, the amount ofEB·5 capital that was deposited into the SV ARX Project account is not consistent with the amount that MERC reported was invested in SV ARX, LLC -1 ~ in its I ·924A filing for the fiscal year ending September 30, 2012. The failure to fully account for EB·5 capital investment demonstrates MERC's inability to monitor and oversee investment activities under its sponsorship and, by extension, its failure to promote economic growth. C. MERC failed to submit required information to USCIS by failing to account for EB·5 capital investments Based on evidence in the NOIT Response, USCIS confirms that information MERC provided in its Form I·924A for the fiscal year ending September 30, 2012 was inaccurate and that MERC remains unable to account for the full amount of EB·5 capital investment under its sponsorship. As noted in section B.ii. above, according to its Form I·924A submission for the fiscal year ending September 30, 2012, MERC sponsored I lin aggregate capital investment through KRC Fund I, LP, including al .. ____ ...... investment in SV ARX, LLC (for the SV ARX Project). Exhibit 8 of the NOIT Response, however, indicates that only I lin EB·5 capital contributions was directly transferred into the SV ARX Project account. Referring to the accounting presented in Exhibit 8, Martin Angiulli states in the NOIT Response cover letter, "I report this without vouching for its accuracy." Even if one were to accept the accounting presented in Exhibit 8 of total''funds loaned to or paid on behalf of SVARX, LLC" asl lthe NOIT Response does not reconcile the inconsistencies noted and fails to account for the full I ~f EB·5 capital investment. The record, including the NOIT Response, indicates that MERC's Form I·924A submission was inaccurate and omitted required information. Pursuant to 8 C.F.R. 204.6(m)(6), USCIS has determined that MERC failed to submit required information to USCIS. (b)(4) 164 Kentucky Regional Center DBA Midwest EB·5 Regional Center -Designation Terminated ID (formerly 1031910178) RCW1031910178 Page9 Conclusion For the reasons listed above and set forth in the NOIT and pursuant to 8 C.F.R. 204.6(m)(6), USCIS has determined that MERC no longer serves the purpose of promoting economic growth and has failed to submit required information to users and hereby terminates MERC's participation in the Program. Since the record is clear that MERC no longer serves the purpose of promoting economic growth and has failed to submit required information to USCIS, USCIS does not believe that a personal interview with MERC's principal is necessary. Procedure to Appeal the Decision to Terminate If you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may file a motion or an appeal to this decision by filing a completed Form l·290B, Notice of Appeal or Motion, along with the appropriate filing fee. A copy is enclosed. You may also include a brief or other written statement and additional evidence in support of your motion or appeal. The Form I ·290B must be filed within 33 calendar days from the date of this notice. If a motion or appeal is not filed within 33 calendar days, this decision is final. You must send your completed Form 1·290B and supporting documentation with the appropriate filing fee to the address indicated below. If using the U.S. Postal Service: If using USPS Express Mail/Courier: US CIS US CIS P.O. Box 660168 Attn: I·290B Dallas, TX 75266 2501 S. State Highway 121 Business Suite 400 Lewisville, TX 75067 Your motion or appeal must be filed on Form l·290B and must be accompanied by a fee of $630.00. The check or money order used for the Form I·290B filing fee must be drawn from a bank or other financial institution located in the United States and must be payable to U.S. Department of Homeland Security. 165 Kentucky Regional Center DBA Midwest EB·5 Regional Center - Designation Terminated ID (formerly 1031910178) RCW1031910178 Page 10 In support of your appeal, you may submit a brief or other written statement for consideration at the time of initial filing of the Form I ·290B or within 30 calendar days of filing. If you are filing an appeal of this decision, you may, if necessary and for good cause, request additional time to submit a brief or other statement by submitting a written explanation for the need for additional time. Any brief, written statement or other evidence in support of an appeal that is not filed concurrently with Form 1·290B, including any request for additional time for the submission of a brief, must be sent directly to the Administrative Appeals Office (AAO) at: USC IS · Administrative Appeals Office 20 Massachusetts Avenue, NW Mail Stop 2090 Washington DC 20529·2090 The appeal of the termination mav not be filed directly with the AAO. The appeal of the termination must be filed in accordance with the Form 1·290B instructions and at the address indicated above. For more information about the filing requirements for appeals and motions, please see 8 C.F.R. § 103.3 or 103.5, or visit the USCIS website at www.uscis.gov. Sincerely, ~JV)~ Nicholas Colucci Chief, Immigrant Investor Program Enclosure:(!) Form I·290B with instructions (2) Notice of Intent to Terminate issued on September 17, 2014 cc: Robert Divine Baker Donelson 1800 Republic Centre 633 Chestnut Street Chattanooga, TN 37 450 166