SUBMISSION CONTAINS CONFIDENTIAL COMMERCIAL INFORMATION PER THE FREEDOM OF INFORMATION ACT {FOIA) (5 U.S.C. § 552{b){4)), SUBMITTER REQUESTS PREDISCLOSURE NOTIFICATION PER EXECUTIVE ORDER NO. 12,600, 52 FED. REG. 23871 {JUNE 23, 1987) Petition for a Proposed: ACSRC, LLC REGIONAL CENTER PROPOSAL Submitted to: United States Citizenship & Immigration Services I California Service Center Attn: EB-5 Regional Center Proposal 24000 Avila Road, 2nd Floor Laguna Niguel, CA 92677 Prepared by: Joseph C. McCarthy, MS JD 1850 Industrial St. #604 Los Angeles, CA 90021
Transcript
SUBMISSION CONTAINS CONFIDENTIAL COMMERCIAL INFORMATION PER THE FREEDOM OF
INFORMATION ACT {FOIA) (5 U.S.C. § 552{b){4)), SUBMITTER REQUESTS PREDISCLOSURE
NOTIFICATION PER EXECUTIVE ORDER NO. 12,600, 52 FED. REG. 23871 {JUNE 23, 1987)
Petition for a Proposed:
ACSRC, LLC
REGIONAL CENTER PROPOSAL
Submitted to:
United States Citizenship & Immigration Services I California Service Center Attn: EB-5 Regional Center Proposal
24000 Avila Road, 2nd Floor
Laguna Niguel, CA 92677
Prepared by:
Joseph C. McCarthy, MS JD 1850 Industrial St. #604 Los Angeles, CA 90021
MCADAM & MCCARTHY
A LAW FIRM
JOSEPH C. MCCARTHY. MS JD 1 8 5 0 I n d u s t r i. a I S t # 6 0 4 I L o s A n g e I e s 1 C A 9 0 0 2 1
PER THE FREEDOM OF INFORMATION ACT (FOIA) (5 U.S.C. § 552 (b)(4)), SUBMITTER REQUESTS
PREDISCLOSURE NOTIFICATION PER PRESIDENTIAL EXECUTIVE ORDER NO 12,600, 52 FED. REG. 23781
(JUNE 23, 1987)
United States Citizenship and lmmigrati~n Service I California Service Center
Attn: EB-5 Regional Center Proposal
24000 Avila Road, 2nd Floor
Laguna Niguel, CA 92677
October 15th' 2010
RE: ACSRC, LLC Proposal
Dear USCIS Adjudication Officer:
The ACSRC, LLC ("Company"} respectfully submits the following attached documents for a proposed
ACSRC, LLC ("ACSRC"} Regional Center under the EB-5 Immigration Program (8 U.S.C. §1153(b}(S}, 8
C.F.R. §204.6) and Immigrant Investor Pilot Program ("EB-5 Regional Center Program"}. 1 Per the January
9th, 2009 USCIS Memo published in the Federal Register2, the California Service Center is the USCIS office
with suitable jurisdiction as required by 8 C.F.R. 204.6(b}.
This cover letter and included exhibits constitute a proposal within the meaning of 8 C.F.R. 204.6(m)(3}
("Regional Center Proposal"}. Under Executive Order No. 12,600 (June 1987), all departments and
agencies subject to the Freedom of Information Act (FOIA) are directed to promulgate specific
regulations that afford basic procedural protections to all persons or entities who submit "confidential
commercial information." FOIA defines this term as "records provided to the government...that
arguably contain material exempt from release under Exemption, because disclosure could reasonably
be expected to cause substantial competitive harm." This Regional Center Proposal contains
confidential commercial information, thereby warranting the protections accorded.
This cover letter is intended to draw the USCIS Officer's attention to the relevant information in
satisfaction of the requirements of 8 C.F.R. § 204.6(m}. Additionally, more detailed information is
provided within the accompanying exhibits. The proposal was prepared by Joseph C. McCarthy, MS JD;
a G-28 Notice of Entrv of Appearance is included in EXHIBIT A.
1 Section 610 Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Act
2 Federal Register: January 9, 2009 (Volume 74, Number 6, pgs 912-913), U.S. Citizenship and Immigration Services (CIS No.
2462-08; DHS Docket No. USCIS-2008-0076)
ACSRC, lLC I Proposed Regional Center Application
MCADAM & MCCARTHY
A LAW FIRM
Communication
All USCIS communication directed to the Regional Center should be sent to the following contact:
ACSRC, LLC
Shuyuan Tang and Gary J. Mugg
ACSRC, LLC
11875 Dublin BLVD, SuiteD 271 I Dublin, CA I 94568
Phone: (925) 272-0891 I Fax: (925) 829-9979
According to recent administrative improvements, any one or all principals may be designated as Points
of Contact from whom USCIS will receive correspondence. Accordingly, Ms. Shuyuan Tang and Mr.
Gary Mugg are the Point of Contacts for the ACSRC, in addition to an attorney with a G-28 on file with
USCIS. A complete list of the members of the Company, as well as the registered filings from the
Deleware Secretary of State, is included in EXHIBIT B.
Promotion of Economic Growth with the Select Geographic Area (8 CFR § 204.6(m)(3)(i)}
The geographic boundary of the ACSRC is defined by the following counties in California:
(1) Alameda, (15)Butte,
(2) Contra Costa, (16)Lake,
(3) Solano, (17)Colusa,
(4) Del Norte, (18)Sutter,
(5) Siskiyou (19)Vuba,
(6) Modoc, (20)Nevada,
(7) Humboldt, (21)Sierra,
(8) Trinity, (22)Volo,
(9) Shasta, (23)Napa,
(lO)Lassen, (24)Sonoma,
(11}Piumas, (25)Sacramento,
(12)Tehama, {26)Piacer, and
(13)Mendocino, {27)El Dorado
(14)Gienn,
The attached documents provide an overview map of the proposed regional center (FIGURE 1).
Indirect Job Creation (8 CFR § 204.6(m)(ii)); Regional or National Impact of the Regional Center (8 CFR
§ 204.6(m)(iv)); and Overall Economic Impact of the Regional Center ((8 CFR § 204.6(m)(iv))
The Company retained an experienced EB-5, economic consulting firm, Wright Johnson, LLC (Wright
Johnson). Included in the attached application materials, USCIS will find the econometric study
performed by Wright Johnson that {i.) identifies the indirect job creation, (ii.) the regional and national ACSRC, lLC I Proposed Regional Center Application
The California Department of Business, Transportation and Housing (BTH) is the delegated state agency
authorized to designate areas, or outline the procedures for which future projects can be designated, for
"high unemployment" areas in compliance with 8 C.F.R. § 204.6(i). These high unemployment areas
qualify as Targeted Employment Areas (TEAs), which reduce the minimum EB-5 investment required
under the regulations from $1 million to $500,000. The state agency responsible for providing
unemployment statistics is the California Employment Development Department (EDD). Using this data,
the California BTH recently published the census tracts and cities that qualify as a TEA in California
(EXHIBIT H). The Company will obtain the appropriate TEA certification letters for future specific EB-5
projects and these will be included as part of an 1-526 exemplar/.
Post-Approval Amendment (USCIS 12/11/2009 Memo. Donald Neufeld)
The included Regional Center proposal petitions for prospective investment based on hypothetical EB-5
investment models in order to demonstrate how an actual EB-5 project will create new direct & indirect
jobs and positively impact the economy. Section IV and V of the December n th, 2009 USCIS Neufeld
Memo amends the EB-5 Adjudicators Field Manual (AFM) to permit post-approval Regional Center
amendments or 1-526 exemplars to be used for specific Regional Center investment projects. The
amended AFM Chapter 22.4(a)(2)(C)-(E)(ii) outlines the procedures and benefits of amending the (1)
Regional Center application, to ensure uniformity between 1-526, and (2) the Regional Center Proposal,
and an exemplar 1-526, in order that USCIS may identify any potential issues before bona fide EB-5
Investor J-526 applicat ions are submitted (EXHIBIT F).
The principals of the Company are currently working to vet several prospective EB-5 projects. Once a
project is finalized, the Company will submit a Matter of Ho compliant business plan, a specific
econometric study for the new commercial enterprise, and all of the corresponding organizational
documents, offering memoranda, and capital transfer agreement_~
Conclusion
The proposed ACSRC application satisfies the requirements of 8 C.F.R. § 204.6; therefore, we
respectfully request USCIS approval in order to begin EB-5 investment into northern California as quickly
as possible.
Signed in satisfaction of 8 CFR 103.2(a)(2),
Joseph McCarthy, MS JD
ACSRC, LLC I Proposed Regioml Center Application
v
Figures
Figure 1: ACSRC, LLC Boundary Map (located in Exhibit C)
Figure 2: Metropolitan Statistical Areas (MSAs) (located in Exhibit C)
Exhibits
Exhibit A: Joseph C. McCarthy, MS JD, G-28 Notice of Entry of Appearance
Exhibit B: Organization Documents & Member Resumes
Attachments: Certificate of Filing- ACSRC, LLC. Office of Secretary of State of Delaware
Exhibit C: Regional Center Geography
Attachments: Figure 1 ACSRC, LLC Boundary Map (located in Exhibit C) Figure 2 Metropolitan Statistical Areas (MSAs)
Exhibit D: Regional Center Economic Impact Analysis
Attachments: Wright-Johnson, Economic Analysis For A Regional Center for the California Counties of; Alameda, Contra Costa, Solano, Del Norte, Siskiyou, Modoc, Humboldt. Trinity. Shasta, Lassen, Plumas, Tehama, Mendocino, Glenn, Butte. Lake, Colusa, Sutter, Yuba, Nevada, Sierra, Yolo, Napa, Sonoma, Sacramento, Placer and Eldorado (September 20th, 2010) Hypothetical Investment Business Plans:
(1) Healthcare Center (2) Real Estate Development (3) Alternative Energy
Exhibit E: Regional Center Administrative Plan
Attachments: June 2007, USCIS Chief Adjudications Officer Maurice Berez Administration: Letter to the Metropolitan Milwaukee Association of Commerce Sample EB-5 Investor Questionnaire
Exhibit F: Regional Center Structure & Business Approach
FIRST: The name oflhe limited liability company is ACSRC, LLC
SECOND; The address of its registered office in the State of Delaware is 2711 Centerville Road, Suite 400, Wilmington, Delaware, 19808, The: name of its registered agent at such address is The Company Corpol'ation.
IN WITNESS WHEREOF. the undersigned has executed this Certificate ofFon:nation this 27th day of July. 2010.
The Company Corporation, Organi.ler
By: /sf Mm;gcget Rp~do Margaret Rosado Assistant Seeretaty
-do not equate to an urban-rural classification; many counties included in Metropolitan and Micropolitan
Statistical Areas, and many other counties, contain both urban and rural territory and populations. The
current metropolitan statistical area definitions were announced by U.S. Office of Management and
Budget (OMB) effective November 2008. The proposed ACSRC includes the following standard MSAs
(regional center county):
(1) 17020 Chico, CA Metropolitan Statistical Area (Butte County)
(2) 20940 El Centro, CA Metropolitan Statistical Area (Imperial County)
(3) 23420 Fresno, CA Metropolitan Statistical Area (Fresno County)
(4) 31460 Madera-Chowchilla, CA Metropolitan Statistical Area (Madera County)
(5) 32900 Merced, CA Metropolitan Statistical Area (Merced County)
(6) 33700 Modesto, CA Metropolitan Statistical Area (Stanislaus County)
(7) 34900 Napa, CA Metropolitan Statistical Area (Napa County)
(8) 39820 Redding, CA Metropolitan Statistical Area (Shasta County)
.~· (9) 40900 Sacramento-Arden-Arcade-Roseville, CA Metropolitan Statistical Area (EI Dorado County,
~ Placer County, Sacramento County, Yolo County)
(10)41860 San Francisco-Oakland-Fremont, CA Metropolitan Statistical Area (Marin County, San
Francisco County, San Mateo County, Alameda County, Contra Costa County)
(11)42220 Santa Rosa-Petaluma, CA Metropolitan Statistical Area (Sonoma County)
(12)46700 Vallejo-Fairfield, CA Metropolitan Statistical Area (Solano County)
Agencies in California are currently reluctant to certify rural areas without a specific project put forth by
an already approved EB-5 Regional Center. Additionally, given the forthcoming 2010 census presently
underway, better data will be available shortly to characterize rural areas. As such, if needed, the ACSRC
will designate rural areas in the event a project is located in such.
Figure 1 illustrates the counties composing the ACSRC located within California. Figure 2 illustrates the
Metropolitan Statistical Areas of California. The list and map of the counties should satisfy the
geographical description requirement of 8 CFR § 204.6(m}(i)
Attachments: Figure 1 ACSRC Boundary Map Figure 2 California Metropolitan Statistical Areas (MSAs)
ACSRC, U.C Regional Center Proposal I Regional Center Geography
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ACSRC, lLC Regional Center Proposal I Regional Center Geography
N
s
)
Figure 1: ACSRC Regional Center Map
Regional Center Counties
This map is an illustration of the ACSRC boundary in satisfaction of 8 CFR § 204.6(m)(3)(iii)
Metropolitan Statistical Areas
The San ~f.~ I.ISAI'Idudee lhe Metlopobn lliri$ion$ of:
in California
-MSA
D NotinMSA
Swl ~&In t.laii!IO-RecMI!od ay ..... ~....-rd ....... -
The Los~ng Beach sm Ana MSAil'ldUIIn Ill$ Metlopoltan Diwl$ion$ of:
L.ol AngeleH.Gng Be&h-Giendale and Sanla Ana-Anatwlim-ll\line
Figure 2: California Metropolitan Statistical Areas {MSAs)
c
c
...__ EXHIBIT 0 REGIONAL CENTER ECONOMIC & JOB-CREATION IMPACT ANALYSIS
ACSRC
USCIS Economic Impact Requirements
As part of determining the projected economic impact of the Regional Center, the USCIS Adjudicators Field Manual ("AFM") Section (a)(2)(B) 1 requires that regional center proposals must demonstrate:
(ii) A detailed description of how EB-5 capital investment within the geographic area of the
regional center will create qualifying EB-5 jobs, either directly or indirectly. This analysis must
be supported by economically and statistically valid forecasting tools, including, but not limited
to, feasibility studies, analyses of foreign and domestic markets for the goods or services to be
exported [if any], and/or multiplier tables.
(iii) A detailed prediction of the proposed regional center's predicted impact regionally or
nationally on household earnings, greater demand for business services, utilities, maintenance
and repair, and construction both within and outside of the geographic area of the proposed
Regional Center.
USCIS adopted these procedures in satisfaction of the requirements set forth in 8 CFR §
204.6(m)(3)(i),(iv), and (v). The ACSRC, LLC ("Company") has designated three (3) target industry
economic sectors for which the above impacts have been evaluated.
Economic Impact Analysis & 1M PLAN Acceptability
In 1992, when Congress conceived of the Pilot Program as a vehicle for attracting investment capital into
specific regional areas, Congress permitted investors to rely on proof of indirect job creation in their
petitions seeking permanent residence, based on "reasonable methodologies." 2
The 2002 Amendment permitted that the establishment of a regional center may be based on general
predictions, contained in the proposal, concerning the kinds of commercial enterprises that will receive
capital from aliens, the jobs that will be created directly or indirectly as a result, and the other positive
economic effects of such capital investments. USCIS has further added that, in reference to 8 CFR
204.6(m)(3)(ii) for a Regional Center, a proposal must fully explain indirect job creation, as well as the
direct and induced jobs, if any. The requirement of creating at least 10 new full-time (35 hours per
week) jobs per each individual alien investor may be satisfied by showing that, as a result of the
investment and the activities of the new enterprise, at least 10 jobs per alien investor will be created
directly or indirectly through an employment creation multiplier effect. This may be satisfied through
the submission of an economic analysis and model that shows and describes job creation for each
1 Revised December 151h, 2009
2 Section 610 of Pub. l. 102-395 as amended of Pub. l. 105-119 and section
ACSRC, lLC Regional Center Proposal I Economic Impact and Job-Creation Analysis
1-3 Utilities, Maintenance, and Business Services 5
1-4 Definitions 5
2.Background 6
2-1 Regional Model Baseline I 6
2-2 Regional Final Demand I 6
2-3 Top Ten Regional Industries 6
2-4 Geography 7
2-5 Infrastructures 11
2-6 Demographics 14
2-7 Economy 15
2-8 Unemployment 16
2-9 Unemployment Trends by County 16
2-10 Consumer Price Index 18
2-11 Location Quotients 18
3. Methods & Assumptions 22
3-1 Assumptions I 22
3-2 Data Inputs I 23
3-3 ABOUT IMPLAN 24
4. Results 27
4-1 Economic Results Definitions 27
4-2 Result Chart 28
4-3 Summary of Real Estate Development (Hotel) Impact 29
4-4 Summary of Surgical Center Impact 30
4-5 Summary of Alternative Energy (Wind Farm) Impact 31
EXHIBIT I 32
EXHIBIT2 34
California Counties Regional Center I Economic Analysis 2
I.EXECUTIVE SUMMARY
1-1 INTRODUCTION Wright johnson, LLC. (WJ) has been retained by the ACSRC, LLC ('J\CSRC") to perform an economic as· sessment of the following three target industry economic clusters:
I_ Healthcare Center 3. Alternative Energy
2 . Real Estate Development
(b)(4)
California Counties Regional Center I Economic Analysis 3
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'- 3. METHODS & ASSUMPTIONS
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California Counries Regional Center I Economic Analysis 22
California Counties Regional Center I Economic Analysis 27
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Surgical Center Project Business Plan
ACSRC Regional Center
ACSRC REGIONAL CENTER SURGICAL CENTER P ROJECT BUSINESS PLAN
I. Project Overview
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Wind Farm Project Business Plan
ACSRC Regional Center
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ACSRC R EGIONAL CENTER WIND FARM PROJECT BusiNESS PLAN
1. Project Overview
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Hotel Project Business Plan
ACSRC Regional Center
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ACSRC REGIONAL CENTER H oTEL P ROJECT BuSINESS PLAN
c I. Project Overview
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c ACSRC, LLC Regional Center Proposal I Administrative Plan
JUN 1 2 2007
Mr. Peter Beitzel Metropolitan Milwaukee Association of Commerce 756 North Milwaukee Street, Suite 400 Milwaukee, WI 53202
Dear Mr. Beitzel:
U.S. Department of Homeland Security 20 Massachusetts Avenue, NW Washington, DC 20529
U.S. Citizenship and Immigration Services
HOOPRD 70/6.2.8
By an email request to this office upon the May l, 2007 approval and designation of the Metropolitan Milwaukee Association of Commerce's Regional Center (MMAC-RC), you asked that this office provide you with additional information on its expectations relating to the expectations of the U.S. Citizenship and Immigration Service (USCIS) regarding the administration of a regional center entity. You noted your desire to follow the correct process, document the information needed, and be aware of reporting expectations, and MMAC's basic responsibilities to appropriately manage its regional center. The following information and guidance is provided to you in response to your request.
DESIGNEE'S RESPONSIBILITIES INHERENT IN CONDUCT OF THE REGIONAL CENTER:
The regulations at 8 CFR 204.6(m)(6) require that an approved regional center in order to maintain the validity of its approval and designation must continue to meet the statutory requirements of the Immigrant Investor Pilot Program by serving the purpose of promoting economic growth, including increased export sales, improved regional productivity, job creation, and increased domestic capital investment. Therefore, in order for USCIS to determine whether your regional center is in compliance with the above cited regulation, and in order to continue to operate as a users approved and designated regional center, your administration, oversight, and management of your regional center shall be such as to monitor all investment activities under the sponsorship of your regional center and to maintain records, data and information on a quarterly basis in order to report to USC IS upon request year to date for each Federal Fiscal y ear1
I commencing with the current year as follows:
1 A Federal Fiscal Year runs for twelve consecutive months from October 1'1 to September 301b.
;{~.r tr_~.,• .i'i111~~""'--------------------
Mr. Peter Beitzel Page2
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1. The principal official and point of contact of the MMAC-RC responsible for the normal operation, management and administration of the regional center.
2. How the MMAC-RC is administering its regional center and is actively engaged in supporting a due diligence screening of its alien investors' lawful source of capital and the alien investor's ability to fully invest the requisite amount of capital.
3. How the MMAC-RC is actively engaged in the evaluation, oversight and follow up on any proposed commercial activities that will be utilized by alien investors in order to create direct and/or indirect jobs through qualifying EB-5 capital investments into commercial enterprises within the regional center.
4. The name, date of birth, and alien registration number of each alien investor who makes an investment and files an EB-5 I-526 Petition with USCIS, specifying whether the petition was approved, denied, or withdrawn by the petitioner.
5. The country of nationality of each alien investor who makes an investment and files an EB-5 1-526 petition with USCIS.
6. The U.S. city and state of residence of each alien investor who makes an investment and files an EB-5 I-526 petition with USCIS.
7. The categories of business activity within the geographic boundaries of your regional center that have received the alien investors capital, and in what amount
8. The names and locations of the each job creating commercial enterprise located within the geographic boundaries of your regional center that has received alien investor capital.
9. The amounts of alien investor capital and the amounts of other domestic capital that has been invested together in each job creatin~ commercial enterprise specified in item 8 above, distinguishing the separate totals for each.
10. The total aggregate number of approved EB-5 alien investor 1-526 petitions per Federal Fiscal Year to date made through your regional center.
11. The total aggregate number of approved EB-5 alien investor I-829 petitions per Federal Fiscal Year to date through your regional center.
12. The total aggregate of EB-5 alien capital invested through your regional center for each Federal Fiscal Year to date since your approval and designation.
13. The combined total aggregate of"new" direct and/or indirect jobs created by EB-5 investors through your regional center for each Federal Fiscal Year to date since your approval and designation.
14. If applicable, the total aggregate of "preserved" jobs by EB-5 alien investors into troubled businesses through your regional center for each Federal Fiscal Year to date since your approval and designation.
15. If for any given Federal Fiscal Year your regional canter does not have investors to report, then provide an explanation for the inactivity along with a specific plan which details timelines and steps to actively promote your regional center program, and recruit legitimate and viable alien investors.
16. Notification to USCIS within 30 days of the occurrence any material change in the structure, operation, administration, focus, or activities relating to your regional center's
2 A separate break out by aggregate amount of alien investor capital vs. aggregate amount of domestic capital invested where applicable.
Mr. Peter Beitzel Page3
·""""·
basis for it's most recent designation and/or reaffirmation by USCIS. 17. The total aggregate of EB-5 alien capital invested through your regional center for each
Federal Fiscal Year.
Given that this information and guidance would prove valuable to all currently operational regional centers within the Immigrant Investor Pilot Program, a copy of this letter is being provided to each one as well as to the EB-5 Committee Chair for the American Immigration Lawyers Association (AILA).
Sincerely,
~~~--Maurice R. Berez { :~- Y
CC: AILA EB-5 Committee Chair
Chief Adjudications Officer USCIS Foreign Trader, Investor & Regional Center Program Service Center Operations Business & Trade Services
Other US CIS Approved Regional Centers
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ACSRC, U.C I Regional Center Structure & Business Approach
2. SUMMARY OF OFFERING TERMS........................................................................................... X
3. SECURITIES DISCLOSURES ..................................................................................................... X
4. BUSINESS PLAN.......................................................................................................................... X
5. EB-5 IMMIGRATION DISCLOSURES AND RISK FACTORS .............................................. X
6. RISK FACTORS........................................................................................................................... X
Exhibit A- Operating Agreement Exhibit B- Subscription Agreement Exhibit C- Investor Questionnaire Exhibit D- Escrow Agreement Exhibit E - Project Cost Estimates [to be included with actual project] Exhibit F- Pro Forma Financial Projections [to be included with actual project]
Sample Private Placement Memorandum (PPM)
ACSRC Regional Center Application
Initial 7
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'-'(b) (4)
Sample Private Placement Memorandum (PPM)
ACSRC Regional Center Application
SUMMARY OF OFFERING TERMS
Initial
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Initial 15
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EXHIBIT A OPERATING AGREEMENT (Limited Partnership Agreement)
EXHIBIT B
SUBSCRIPTION AGREEMENT
EXHIBITC
INVESTOR QUESTIONNAIRE
EXHIBIT D
ESCROW AGREEMENT
EXHIBIT E PROJECT COST ESTIMATES [to be included with actual project}
EXHIBIT F
PRO FORMA FINANCIAL PROJECTIONS [to be included with actual project]
- 20 Initial
Sample Private Placement Memorandum (PPM)
ACSRC Regional Center Application
SAMPLE LIMITED PARTNERSHIP AGREEMENT
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ACSRC Re ional Center '---- Page2
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-EXHIBIT G YEAR-ONE MARKETING PLAN AND BUDGET
ACSRC REGIONAL CENTER
Title 8 Section 204.6(m)(3)(iii) of the Code of Federal Regulations requires that a regional center
application includes a "detailed statement regarding the amount and source of ca pital which has been
committed to the regional center, as well as a description of the promotional efforts taken and planned
by the sponsors of the regional center[.)" USCIS has interpreted the words, "amount and source of
capital that has been committed to the Regional Center" to mean the capital sufficient to sustain the
Regional Center distinct from immigrant investors' required capital investment in a new commercial
enterprise within the Regional Center.
USCIS has interpreted the detailed statement relating to the amount and source of capital committed to
the Regional Center to include: 1.) the exact amount of funds that have been dedicated to the Regional
Center to accomplish the goals of the Pilot Program; 2.) the source of such funds; 3.) whether the
amount is sufficient to sustain t he Regional Center; and 4.) evidence that the funds have already been
committed to the Regional Center.
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ACSRC Regional Center Proposal I Marketing Plan
EXHIBIT H REGIONAL CENTER TEA DESIGNATION
ACSRC
Authorized State Agencies
In accordance with Title 8, Code of Federal Regulations Section 204.6{i), the California Employment
Development Department (EDD) and the Secretary of the Business, Transportation, and Housing {BTH)
agency have been delegated the authority by the State of California to designate the cities, counties,
metropolitan statistical areas, and geopolitical subdivisions (census tracts) that meet the "high
unemployment" definition and therefore qualify for the $500,000 minimum investment threshold as
TEAs for EB-5 program purposes. The EDD employs the local Area Unemployment Statistics {LAUS)
program endorsed by the United States Bureau of labor Statics that reports monthly and annual
employment, unemployment, and labor force data for census regions and divisions, states, counties,
metropolitan areas, and many cities, by place of residence.
Regional Center TEA Designations
In accordance to 8 CFR §204.6(i), the above state agencies have been designated to identify the cities,
counties, metropolitan statistical areas {MSAs) and geopolitical subdivisions {census tracts) that meet
the "high unemployment" definition provided in the Code of Federal Regulations. Unemployment rates
,- for cities, counties and census tracts are published annually. These high unemployment areas qualify as
'-"' Targeted Employment Areas (TEAs), which reduce the minimum EB-5 investment required under the
regulations to $500,000 under 8 CFR 204.6(f}(2) .. The State of California has decided to use the most
recent calendar year labor force and unemployment estimates to establish high unemployment rates
and high unemployment areas; therefore, the Business, Transportation and Housing Agency is currently
using data for 2009 in these determinations.
At the discretion of the Secretary, the Business, Transportation and Housing Agency may provide
designations for applicants who can prove that the proposed investment area (city, county, or census
tract) is within a targeted employment area {TEA). In order to be classified as a targeted employment
area, the city, county or census tract must have experienced an unemployment rate that was equal to or
exceeded 150% of the 2009 national employment rate. In 2009, 150% of the average national
unemployment rate was equal to 13.95%.
Attached to this Exhibit are two reports. The first report provides a list of metropolitan statistical areas,
specific counties within metropolitan statistical areas, and counties with a city or town with a population
of 20,000 or more. Those locations which have experienced an average unemployment rate of 150
percent of the national average, and therefore currently qualify as targeted employment areas, are
listed in bold font {TEAs).
" ACSRC, LLC Regional Center Proposal I TEA Designation
,.,.-. '--' The second report provides a list of geopolitical subdivisions (census tracts) that have experienced an
average unemployment rate of 150 percent of the national average and therefore qualify as targeted
employment areas (TEAs).
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Project TEA Certification
(b) (4)
Attachments: Letter from Governor Schwarzenegger designated the California Secretary of
Business, Transportation, and Housing as the state agency with the requisite authority to
designate TEAs.
List of qualifying cities, California Employment Development Department (April 2010)
list of qualifying census tracts, California Employment Development Department (April 2010)
'-' ACSRC, U.C Regional Center Proposal I TEA Designation
THIS PAGE IS INTENTIONALLY LEFT BLANK
\....- ACSRC, U.C Regional Center Proposal I TEA Designation
CALIFORNIA TEA DOCUMENTS Delegation from the Governor of California
California Employment Development Department City TEA Designations
California Employment Development Department City Census Tract Designations
GOVERNOR ARNOLD SCHWARZENEGGER
April 21, 2008
Ms. Barbara Q. Velarde Chief Office of Service Center Operations U.S. Citizenship and Immigration Services 20 Massachusetts Avenue NW Room 2123 Washington, DC 20529
RE: State Designation of Agency
Dear Ms. Velarde,
Under section 203(b)(5) of the Immigration and Nationality Act, 8 U.S. C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. I am writing to update your records as to the authorized California Agency to designate geographic areas as a high unemployment area ("targeted employment area") to comply with the components of the Immigration Investor Program.
As Governor of the State of California, I select the Secretary of Business, Transportation and Housing (BTH), or his or her designee, to be the authorized entity empowered to certify identified targeted employment area that meet the qualifications to be designated for the Immigration Investor Program. The Secretary of BTH will, upon request, certify by letter to the U.S. Citizenship and Immigration Services that the areas where the investments are being directed meets the definition of"high unemployment," that the data reflects the unemployment rate for the area to be in excess of 150 percent of the national average and the "targeted employment area" designation will remain in effect for the foreseeable future.
Sincerely,
Amold Schwarzenegger
/Ia
STATE CAPITOL • SACRAMENTO, CALifORNIA 958 L4 • (916) H5-28·H
METROPOLITAN STATISTICAL AREAS{MSA)
IMMIGRATION ACT OF 1990 FOREIGN INVESTOR PROVISIONS
QUALIFYING AREAS (Unemployment Rate 13.95% or greater)
Source: Employment Development Department Labor Market Information Division
Local Area Unemployment Statistics 2009 Annual Average Unemployment Rates
COUNTIES QUALIFYING CITIES and CENSUS COVERED DESIGNATED PLACES {BOLD IF
(BOLD IF QUALIFYING) QUALIFYING)
Bakersfield Kern
Chico Butte Biggs city ConcowCDP Gridley city Magalia COP Oroville city Palermo COP South Oroville COP Thermalito COP
El Centro Imperial
Fresno Fresno
Hanford-Corcoran Kings
Los Angeles-Long Beach-Glendale Los Angeles Baldwin Park city Bell city Bell Gardens city Commerce city Compton city Cudahy city Desert View Highlands COP East Compton COP East Los Angeles COP El Monte city Florence-Graham COP Hawthorne city Huntington Park city Industry city Inglewood city Lake Los Angeles COP Lancaster city Lennox COP Littlerock COP Lynwood city Maywood city Palmdale city Paramount city
Los Angeles-Long Beach-Glendale Los Angeles South El Monte city 14.70% South Gate city 14.74% South San Jose Hills COP 14.25% Valinda COP 15.82% Walnut Park COP 15.23% West Compton COP 18.75% Westmont COP 22.78% Willowbrook COP 19.04%
Madera Madera Chowchilla city 15.72% Madera city 19.30% Parksdale COP 35.91% Parkwood COP 19.35%
Merced Merced 17.21%
Modesto Stanislaus 16.03%
Napa Napa
Oakland-Fremont-Hayward Alameda Cherrvland COP 15.36% Oakland City 16.01%
Contra Costa Bay Point COP 19.95% Bayview-Montalvin COP 19.37% Bethel Island COP 19.44% Crockett COP 20.24% Knightsen COP 21.34% Pittsburg city 16.23% Richmond city 16.57% Rodeo COP 14.74% Rollingwood COP 22.45% San Pablo city 20.34% Vine Hill COP 14.95%
Oxnard-Thousand Oaks-Ventura Ventura Piru COP 17.32% Santa Paula city 16.37%
Redding Shasta 14.84%
Riverside-San Bernardino-Ontario Riverside Banning city 15.47% Beaumont city 15.41% Blythe city 16.23% Cabazon COP 32.41% Coachella city 21.15% Desert Hot Springs city 18.96% East Hemet COP 14.09% El Cerrito COP 15.27% Glen Avon COP 15.10% Hemet city 16.98%
Riverside-San Bernardino-Ontario Riverside Highgrove COP 17.09% Home Gardens COP 14.86% Homeland COP 25.86% Idyllwild-Pine Cove COP 17.59% Indio city 14.66% Lakeland Village COP 21.23% Lakeview COP 16.09%
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Mecca COP 26.39% Moreno Valley city 15.65% Murrieta Hot Sprinas COP 16.79% Perris city 20.79% Quail Valley COP 21.43% Romoland COP 21.07% Rubidoux COP 19.00% San Jacinto city 20.22% Sedco Hills COP 14.57% Sun City COP 14.48% Valle Vista COP 14.46% Winchester COP 19.65%
San Bernardino Adelanto city 19.89% Apple Valley town 14.25% Barstow city 16.20% Big River COP 14.73% Bloomington COP 17.29% Bluewater COP 25.67% Colton city 14.07% Hesperia city 16.69% Hiahland city 16.38% Joshua Tree COP 14.64% LenwoodCDP 23.41% MuscoyCDP 22.91% Nebo Center COP 27.30% Rialto city 16.61% San Bernardino city 17.40% Twentynine Palms city 15.63% Victorville city 15.66%
Sacramento-Arden-Arcade-Roseville El Dorado Diamond Springs COP 14.65% Georgetown COP 18.28% Placerville city 16.56% South Lake Tahoe city 15.28%
Sacramento Florin COP 17.67% Foothill Farms COP 15.43% Galt city 18.29% Isleton city 14.97% North Highlands COP 17.54% Parkway-South Sacramento COP 19.75% Rio Linda COP 17.75% Walnut Grove COP 27.27%
Placer Colfax city 14.95% Foresthill COP 17.25% Lincoln city 18.75%
Sacramento-Arden-Arcade-Roseville Placer Tahoe Vista COP 17.30%
Yolo West Sacramento city 17.27%
Salinas Monterey Castroville COP 22.30% Chualar COP 29.88% Gonzales city 22.42% Greenfield city 18.40% King City city 19.77%
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Las Lomas COP 25.03% Moss Landino COP 25.80% Salinas citv 16.64% San Ardo COP 26.75% San Lucas COP 23.84% Soledad cltv 15.10%
San Diego-Carlsbad-San Marcos San Diego lmDerial Beach citv 15.48% National City citY 18.51%
San Fran-San Mateo-Redwood City Marin Muir Beach COP 14.06% Tomales COP 21.12%
San Francisco
San Mateo Brisbane citv 14.77% East Palo Alto citv 19.75% North Fair Oaks COP 17.40%
San Jose-Sunnyvale-Santa Clara Santa Clara Alum Rock COP 14.37% Buena Vista COP 22.39% Cambrian Park COP 16.91% Gilroy city 16.28% Morgan Hill citv 14.08% San Martin COP 24.89% Sunol-Midtown COP 16.65%
San Benito 14.37%
San Luis Obispo-Paso Robles San Luis Obispo
Oceano COP 16.64%
Santa Ana-Anaheim-Irvine OranQe Santa Ana city 14.14% Stanton citY 14.37%
Santa Barbara-Santa Maria-Goleta Santa Barbara Guadalupe citv 14.28% Lompoc city 14.74%
Santa Cruz-Watsonville Santa Cruz AmestiCOP 20.17% Freedom COP 20.05% Interlaken COP 23.39% Watsonville citY 23.39%
Santa Rosa-Petaluma Sonoma Cloverdale city 14.64% Fetters Hot SDrinas-Aaua Caliente COP 14.54% Guerneville COP 18.46% Monte Rio COP 20.40% Occidental COP 14.52% Roseland COP 18.83%
Stockton San Joaquin 15.43%
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Vallejo-Fairfield Solano Elmira COP 24.11%
Visalia-Porterville Tulare 15.26%
Yuba City 17.12% Sutter 16.99% Yuba 17.31%
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A RURAL AREA IS DEFINED IN THE IMMIGRATION ACT OF 1990 AS "ANY AREA OTHER THAN AN AREA WITHIN A METROPOLITAN STATISTICAL AREA OR THE OUTER BOUNDARY OF ANY TOWN HAVING A POPULATION OF 20,000 OR MORE."
QUALIFYING RURAL AREAS
Aloine Amador Calaveras Colusa Del Norte Glenn Humboldt* lnvo Lake Lassen Mariposa Mendocino Modoc Mono Nevada Plumas Sierra Siskiyou Tehama Trinity Tuolumne
*All cities and towns in Humboldt County qualify, except Eureka.
Analysis for ACSRC as Exhibit D). Therefore, we are submitting this Project as part of the
ACSRC proposal instead of being an amendment.
According to the Executive Order No. 12600 issued 06/23/1987, "Confidential
c<>mmercial information" that arguably contains material exempt from release under Exemption
4 of the Freedom oflnformation Act, 5 U.S.C. 552(b)(4), should be protected because
"disclosure could reasonably be expected to cause substantial competitive harm." Since this
Project contains confidential commercial information, the protection discussed above should
apply.
'-' Organizational Documents of This Project: (Exhibit E: Including Certificate of the LP, LP Agreement, and Business License Issued by City of Hayward.)
ACSRC, LLC formed the LP according to the definition of"commercial enterprise''
under 8 CFR § 204.6 (e). The LP is a special purpose entity where immigrant investors will
make their qualifying EB-5 investment for a share of the equity of this limited partnership.
RE: Form 1-526 EXEMPLAR Petition under ACSRC, LLC's Actual Investment Projed --- -This part is regarding the Form 1-526 Exemplar petition based on the above discussed
Project in PART I.
Section V of the December 11 , 2009 USC IS Neufeld Memorandum amends the EB-5
Adjudicators Field Manual ("AFM'') Chapter 22.4(a)(2) to permit pre-approval Regional Center
1-526 exemplars to be used for specific Regional Center inves tment projects and as part of the
Regional Center Proposals. Particularly, such 1-526 exemplars should contain copies of the
commercial enterprises' organizational documents, capital investment offering memoranda,
transfer of capital mechanisms for the transfer the alien investors' capital into the job creating
enterprises, etc. (b) (4)
Section V of the December 11 , 2009 USCIS Neufeld Memorandum also amends AFM
Chapter 22.4(cX3) to address EB-5 eligibility requirements for actual Form 1-526 petitions. This
I-526 Exemplar will address all the points outlined in AFM revised Chapter 22.4(c)(3) to
establish the EB-5 eligibility requirements comprehensively to ensure the consistence of this
C Exemplar and actual 1-526 petitions submitted in the future.
Actual Investment Project and Form 1-526 Exemplar Petition for ACSRC, LLC Page 7 of13
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(b) (4)
c 11875 Dublin Blvd. Suite D271
Dublin, CA 94568 Phone: (650) 267-4340 Fax: (925) 829-9979
unemployment areas qualify as Targeted Employment Areas ("TEAs"), which reduce the
required amount of capital from $1,000,000 to $500,000. 8 CFR § 204.6 (f) (2).
While ACSRC, LLC intended to request a TEA certification letter from BTH, the
enclosed print-out from the official BTH website indicated that " [t]he Business, Transportation
and Housing Agency will no longer accept petitions for TEA designation from proposed regional
centers. TEA designation requests from regional centers will onJy be accepted if the regional
center has already been approved by the U.S. Citizenship and Immigration Service (USCIS)
prior to submitting the request." Therefore, since it is unlikely to request a TEA designation ...-.. \..... letter from BTH, the most recent census tract data officially published by BTH
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is enclosed for your review. (Exhibit Kl The census tract number of22455 Maple Court,
Hayward, California, 94541 is 4354, which is one of the qualifying census tracts located in
Alameda County, California.
(b) (4)
The Investment Capital was Obtained by the Alien through Lawful Means
Actual Investment Project and Form 1-526 Exemplar Petition for ACSRC, LLC Page 9of13
Documentation relating to ACSRC's Approved Capital Investment Structure and Job Creation MethodoJogy.(Regional Center Structure & Business Approach for ACSRC as Exhibit L, Exhibit D, Exhibit F. Exhibit G, Exhibit Hl.
The enclosed Business Plan (Exhibit F), PPM (Exhibit ID and Econometric Study
(Exhibit Gl are consistent and within the scope of the ACSRC proposal's capital investment
structure {Exhibit L) and job creation methodology (Exhibit Dl.
In accordance with the capital investment structure outlined in the enclosed "Regional
Center Structure & Business Approach" for ACSRC (Exhibit L), this Business Plan and PPM
(b) (4)
Summary
Actual Investment Project and Form 1-526 Exemplar Petit ion fo r ACSRC, LLC
Exhibit B: Receipt Notice of the ACSRC, LLC Proposal
Exhibit C: G-28 Notice of Entry of Appearance
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Exhibit D: Regional Center Economic & Job-Creation Impact Analysis for ACSRC, LLC
Exhibit E: Organizational Documents of Health Innovations, LP, including Certificate of Limited Partnership endorsed by California Secretary of State on 12/20/2010, the LP Agreement, and copy ofthe Business License issued by City ofHayward on 02/08/2011with the city's endorsement showing "PAID BUSINESS TAX"
Exhibit F: Matter of Ho Business Plan
Attachments: FDA approval of Cellular Activation Therapy ("CAT')
FDA approval of Halo® breast screening device ("Halo")
Copy of Lease Agreement: Standard Office Lease- Gross executed between MTI Properties, LLC dba: Hayward Medical Center ("Lessor") and Health Innovations, LP (Lessee"), Addendum to Standard Office Lease - Gross between MTI Properties, LLC dba: Hayward Medical Center ("Lessor"), and Health Innovations, LP ("Lessee") dated January 12,2011, and Proposed Remodel Site Layout Map of22455 Maple Court, Suite #304, Hayward, CA
Photographs of the first health care clinic after the build-out
Copy of the official document authorizing the operation of the first health care clinic located at 22455 Maple Court, Suite #304, Hayward, CA: Clinical Laboratory Registration, issued by California Department of Public Health with Effective Date of 03/29/2011
Exhibit G: Specific Econometric Study performed by Beacon Economics, LLC: "Economic Impact: Health Innovations, LP" (April 2011)
Exhibit H: Private Placement Memorandum, including Sample EB-5 Investor Questionnaire
c Exhibit J: Form I-526 for this I-526 Exemplar Petition
Actual Investment Project and Form 1-526 Exemplar Petition for ACSRC, llC Page 1 of2
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c Exhibit K: Health Innovations, LP is located in a TEA: census tract data provided by California Department of Business, Transportation and Housing and U.S. Census Bureau
Exhibit L: Regional Center Structure & Business Approach for ACSRC, LLC
Actual Investment Project and Form 1-526 Exemplar Petition for ACSRC, llC Page 2 of2
~t:~~%~:~:,?/t~;/'')'>/' ~·· .. ·~ .· . · .... ·· .. ·.· .. ·· .:·itns noticE confirms llli'll.··u.~ ... t::-. InfonnatiOn iS incDmn, ·send an e-mail to; .!bl!~w immigration status or benefit. It is not even evidence th1:1111!;~ petition. was filedoo the date shown.
Processing Tame - The current processing time for this ca.. stjt'pated at 120 days. Unlike other case types, '-" terification or tracking of this case is not available electro: . . t oil our website. We will notify you by mail when we
make a decision on this case or if we need something f . · .. · , .: f yottdo not receive an initial decision or update from us within our current processing time, you may send an e-nia;t tQ~ [email protected]. or contact us at the address below.
Address Change- If your mailing address changes while your case is pending; you may send an e-mail to: [email protected]. Otherwise, you might not receive notice of our action on this case.
Please save this notice and a copy of any papers that you send to us along with proof of delivery.
U.S. QTIZENSHIP & IMMIGRATION SVC CAUFORNIA SERVICE CENTER Attn; ES"'5 RC Proposal P.O. BOX 10526 . LAGUNA NIGUEL CA 92607-10526
EXHIBIT D REGIONAL CENTER ECONOMIC & JOB-CREATION IMPACT ANALYSIS
ACSRC
USCIS Economic Impact Requirements
As part of determining the projected economic impact of the Regional Center, the USCIS Adjudicators Field Manual ("AFM") Section (a)(2)(B) 1 requires that regional center proposals must demonstrate:
(ii) A detailed description of how EB-5 capital investment within the geographic area of the
regional center will create qualifying EB-5 jobs, either directly or indirectly. This analysis must
be supported by economically and statistically valid forecasting tools, including, but not limited
to, feasibility studies, analyses of foreign and domestic markets for the goods or services to be
exported [if any], and/or multiplier tables.
(iii) A detailed prediction of the proposed regional center's predicted impact regionally or
nationally on household earnings, greater demand for business services, utilities, maintenance
and repair, and construction both within and outside of the geographic area of the proposed
Regional Center.
USCIS adopted these procedures in satisfaction of the requirements set forth in 8 CFR §
204.6(m)(3)(i),(iv), and (v). The ACSRC, LLC ("Company") has designated three (3) target industry
economic sectors for which the above impacts have been evaluated.
Economic Impact Analysis & 1M PLAN Acceptability
In 1992, when Congress conceived of the Pilot Program as a vehicle for attracting investment capital into
specific regional areas, Congress permitted investors to rely on proof of indirect job creation in their
petitions seeking permanent residence, based on "reasonable methodologies."2
The 2002 Amendment permitted that the establishment of a regional center may be based on general
predictions, contained in the proposal, concerning the kinds of commercial enterprises that will receive
capital from aliens, the jobs that will be created directly or indirectly as a result, and the other positive
economic effects of such capital investments. USCIS has further added that, in reference to 8 CFR
204.6(m)(3)(ii) for a Regional Center, a proposal must fully explain indirect job creation, as well as the
direct and induced jobs, if any. The requirement of creating at least 10 new full-time (35 hours per
week) jobs per each individual alien investor may be satisfied by showing that, as a result of the
investment and the activities of the new enterprise, at least 10 jobs per alien investor will be created
directly or indirectly through an employment creation multiplier effect. This may be satisfied through
the submission of an economic analysis and model that shows and describes job creation for each
1 Revised December 15'h, 2009 2 Section 610 of Pub. l. 102-395 as amended of Pub. l. 105-119 and section
ACSRC, lLC Regional Center Proposal I Economic Impact andjob-Creation Analysis
..--..... ____ .. ~ ... --,_,- - -·
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category of economic activity {for example, manufacturing, food production/processing, warehousing,
tourism and hospitality, transportation, power generation, agriculture, etc.)
Per USCIS general procedures, the Company defined specific business sectors (listed below) and hired a
qualified economic consultant to analyze the general impact on the regional and national economy,
using the regional economic model IMPLAN. IM PLAN has long been accepted by the users {and many
other governmental agencies) as a val id "economically and statist ically valid forecasting t ool" that
satisfies the requirements of 8 CFR § 204.60)(4), and 8 CFR § 204.6(m)(3)(i),(iv), and (v).
Wright Johnson Economic ImPact Study
(b) (4)
'-.,.... ACSRC, U.C Regional Cen.tu Proposal I Economic Impact and j ob-Creation Analysi&
Wright johnson, LLC. (WJ) has been retained by the ACSRC, LLC ('~CSRC") to perform an economic assessment of the following three target industry economic dusters:
I . Healthcare Center 3. Alternative Energy
2. Real Bstate Development
(b) (4)
CaUfomia Counties Regional Center I Economic Analysis 3
.:... ~ Secretary of State - ~ ~NDORSED • FILED ...... ~ rn the office of the Secretary of State
Certificate of Limited Partnership of the State of Cafrfomia
DEC 2 0 2010
A $70.00 filing fee must accompany this form.
Important- Read instructions before completing this form. This Space For Filing Use Only
Entity Name (End the name with the words "Limited Partnership" or the abbreviation "LP" or "L.P.")
1. NAME OF LIMITED PARTNERSHIP
Health Innovations, LP
Initial :: ..... ;11:1 1ated Office Address (Do not abbreviate the name of the city.)
2. ADDRESS OF INITIAL DESIGNATED OFFICE IN CALIFORNIA CITY STATE ZIP CODE
11875 Dublin Blvd., Suite D271 Dublin CA 94568
Initial Agent For Service of Process (If the initial agent is an individual, the agent must reside in California and both Items 3 and 4 must be completed. If the initial agent is a corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code section 1505 and Item 3 must be completed (leave Item 4 blank).
3. NAME OF INITIAL AGENT FOR SERVICE OF PROCESS
GaryJ. Mugg
~ IF AN INDIVIDUAL, ADDRESS OF INITIAL AGENT FOR SERVICE OF PROCt::SS IN CA CITY STATE ZIP CODE
11875 Dublin Blvd., Suite D271 Dublin CA 94568
General Partners (Enter the names and addresses of all the general partners. Attach additional pages, if necessary.)
Sa. NAME ADDRESS CITY STATE ZIP CODE
ACSRC, LLC 11875 Dublin Blvd., Suite D271 Dublin CA 94568
5b. NAME ADDRESS CITY STATE ZIP CODE
Additional Information
6. ADDITIONAL INFORMATION SET FORTH ON THE ATTACHED PAGES, IF ANY, IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE A PART OF THIS CERTIFICATE.
Execution (This certificate must be signed by all of the general partners. If additional signature space is necessary, the signatures may be made on an attachment to this certificate.)
7. I DECLARE I AM THE PERSON WHO EXECUTED THIS INSTRUMENT, WHICH EXECUTION IS MY ACT AND DEED.
12/19/2010 DATE
tSIGNATURE~ER Gary J. Mugg, Attorney In Fact for ACSRC, LLC TYPE OR PRINT NAME OF GENERAL PARTNER
SIGNATURE OF GENERAL PARTNER TYPE OR PRINT NAME OF GENERAL PARTNER
LP-1 (REV 01/2010) APPROVED BY SECRETARY OF STATE
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l hcretl:/ certify tbat {he t:cregoir1g traJscript or_t,_u .. - pag:;(s) 1:,.: 8 fv1i, tfU& and r;:y·;-\.:;.d 0f \h9: cr;yina! re{:.::rd in ~he Cr:.~:fc:rr;ia ::-:P.crz:l.~:,t cf
Hayward, CA 94541-5077 (510) 583-4600 · TOO (510) 247-3340
REVENUE DIVISION BUSINESS TAX FORM 1
www.hayward-ca.gov
PLEASE TYPE OR PRINT WTTH PEN - FOAM M1J.SI BE COMPLETED IN ITS ENTlRElY (b) (4)
.......... ~ is your receipt when validated~ . Valid -from through · · ! · , • ·
Post until ·valid through" date.
For Offl~ Use Only (b) (4)
. 1
IMPORTANT INFORMATION ON THE REVERSE SIDE OF THE CUSTOMER COPY. PLEASE READ fB!.Q.B TO SIGNING AFFIDAVIT.
CUSTOMER COPY-DO NOT DETACH
AITENTION - OW~RS AND OPERATORS OF NEWLY ESTQISHED BUSINESSES
The following information pertains to gil businesses operating in Hayward.
c BUSINESS CHANGES:
The City's Revenue Office must be notified within thirty (30) days if any of the following occur:
-Business name change ~Business location change -Business mailing address change -Business ownership change -Business is discontinued
To notify this office of any changes, you may either call (51 0) 583'-4600 or TDD (51 0) 247-3340 or come in person to Hayward City HaiL Information will thenbeprovided regarding the steps. necessary to make these changes on our records. (A fee is associated with mostchanges.) · ·
RENEWALS:
Renewals for your business tax wlli be due in the following mann.er:
ANNUAL TAXQUARTERLY TAX-
Due the first clay of January and delinquent at 5 p.m. on February 28. Due oh the first day ofJarmat)t, April, July and October. Delinquent at 5 p.m. on the twentieth (20th) day of the first month of the quarter in which the tax is due.
If you do not receive your annual or quarterly renewal within fifteen (15) days of the due date (not the delinquent date), please contact the Revenue Office. ·
C A 10% penalty shall be added to the tax due for each month or portion of a month that the tax is delinquent. The maximum penalty is 50% of the tax due.
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SPECIAL INFORMATION FOR FIRST RENEWAL:
According to Section 8-1.26 of the Hayward Municipal Code, business taxes that are based on gross receipts vviH be determined by the following method for the second year only.
To dertermine gross receipts for your second year of business, take your first year's gross receipts and annualize the figure. Your business taxes will then be based on this figure .
. Example: Date Business Commenced - April 1 of prior year . Gross Receipts for Prior Year- $12,000
To Annualize- $12,000 divided by 9 months (4/1-12/31) multiplied by 12 months
Annualized Gross Receipts- $16,000 (Business . taxes for second year of business would be based on this figure.)
IMPORTANT: YOU WILL RECEIVE ANOTHER BILLING
Duringyoursecond year ofbusiness, another billing will be sent for any additional amount of business taxes that may be due from your first year of business. This billing, which will follow your business tax renewal billing, should not be confused with that renewal. It is a ~plemental billing for your first year of business.
SALES TAX lNI:_ORMATIQN
The California Sales and Use Tax may apply to your business activities. Contact the nearest State Board of Equalization 'ccated at i515 Clay Street Suite 303, Oakland. CA 94612, Phone (510) 622-4100, Fax {510) 622-4175.
any or this information, please contact the Revenue Division.
c . ·~ -~ . .. ...... . . CITY OF HAYWARD
BUSINESS TAX FORM 2 FOR BUSINESSES LOCATED IN HAYWARD
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c HEALTH INNOVATIONS, LP
BUSINESS PLAN vern
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.~. ··~··ttoa»mcasAMtJ·~IIItiliH··· .. FDA Home Page I CORH Home Page 1 Search I CORH A-Z Index I Contact CORH
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SIO(k) j Registration l Listing I Adverse I Event_!i
I Classification I CLIA
I Assembler I Recalls I Guidance I Standards
New Search Back To Search Results
Establishment Registration Database
Establishment: BIONICA, INC. 5112 bailey loop mcclellan, CA 95652 Registration Number: 3004435660 Operations: Manufacturer Status: Active Date of Registration Status: 2006
Owner/Operator: BIONICA, INC. 5112 bailey loop mcclellan, CA 95652 Owner/Operator Number: 9059512
Official Correspondent: mr. gregory gilbert BIONICA, INC. 5112 bailey loop mcclellan, CA 95652 Phone: 916-643-2222
Database Updated 1/05/2006
c SEP 2 3 2002
51 O(k) Summary of Safety and Effectiveness The following section is Included as required by the Safe Medical Device Act (SMDA) of 1990.
Name: Address:
CONTACT PERSON:
NeoMatrix, LLC 16 Technology Suite 118 Irvine, CA 92618 Kevin Morton
510{k) Summary of Safety and Effectiveness This summary of 510(k) safety and effectiveness information is being submitted in accordance with the requirements of SMOA 1990 and 21 CFR 807.92.
The assigned 510(k) number is: Trade Name: NAFO 100 Common Name: Gastroenterology-urology biopsy Instrument Classification Name: Same
Pro•Duct Health, Inc Pro•Duct Catheter Currently in commercial distribution K000135
Nastech Pharmaceutical Company, Inc Nastech Mammary Aspiration Specimen Cytology Test Currently in commercial distribution K012088
Medela,lnc Medela's Breast Pump Currently in commercial distribution K950750
The NAFD 1 00 is intended to non-invasively extract samples of breast duct fluid for breast cancer screening, providing a sample for a "Pap smear" for the breast.
Virtually all breast cancers originate in the epithelial cells that line the walls of fluid ducts that are present in a woman's breast The case for routine, early breast screening is compelling. By the time a mammogram or manual clinical examination finds an abnormality, the cancerous lesion is already formed. The longer cancer has to develop in the body, it becomes stronger and more difficult to treat.
A screening test using Nipple Aspirate Fluid (NAF) would be similar to a Pap smear, allowing a physician to detect abnormalities before a breast cancer is formed, or to screen for the possible presence of cancer. The routine use of the Pap smear has reduced the incidence of cervical cancer mortality by 70%, through early screening. Breast cancer screening could reasonably be expected to yield the same type of results.
The NAFD 100 incorporates both hardware and disposable components, for use in a physician's office, and was developed to maximize patient comfort, and minimize risk to the patient. The system consists of three components:
System console Powerhead Disposable patient interface
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Indications for Use: The NAFD 100 (and its components) is indicated for the collection of nipple aspirate fluid for cytological evaluation. The collected fluid can be used in the determination and/or differentiation of normal versus pre-malignant versus malignant cells.
Biocompatibility: The materials used to manufacture the NAFD 100 comply with the requirements of ISO 10993-1.
Data Supporting Substantial Equivalence: NeoMatrix conducted laboratory and fit, form, and performance testing to demonstrate the safe and eff&eacy of the NAFO 100. Laboratory testing was conducted to evaluate specific device performance parameters. Fit, form and performance testing was conducted to evaluate its use on human subjects. The NAFD 100 has a collection of rate of 54%, which is consistent with other collection methods currently used. From the Journal of the National Cancer Institute published study non-secretors can be expected to average of 40% of those tested.
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c DEPARTMENT OF HEALTH & HUMAN SERVICES
---~----
Neomatrix, LLC Salvadore F. Palomares
. Regulatory Consultant 16 Technology Drive Suite118 Irvine, California 92618
Re: K020848 Trade/Device Name: NAFD I 00 Regulation Number: 876.1075
SEP 2 3 200Z
Regulation Name: Gastroenterology-urology biopsy instrument Regulatory Class: Class II Product Code: KNW Dated: July 1, 2002 Received: July 2, 2002
Dear Mr. Palomares:
Public Health Service
Food and Drug 1.\dministration 9200 Corporate Boulevard Rockville MD 20850
We have reviewed your Section 51 O(k) premarket notification of intent to market the device referenced above and have determined the device is substantially equivalent (for the indications for use stated in the enclosure) to legally marketed predicate devices marketed in interstate commerce prior to May 28, I 976, the enactment date of the Medical Device Amendments, or to devices that have been reclassified in accordance with the provisions of the Federal Food, Drug, and Cosmetic Act (Act) that do not require approval of a premarket approval application (PMA). You may, therefore, market the device, subject to the general controls provisions of the Act. The general controls provisions of the Act include requirements for annual registration, listing of devices, good manufacturing practice, labeling, and prohibitions against misbranding and adulteration.
If your device is classified (see above) into either class II (Special Controls) or class III (PMA), it may be subject to such additional controls. Existing major regulations affecting your device can be found in the Code of Federal Regulations, Title 21, Parts 800 to 898. In addition, FDA may publish further announcements concerning your device in the Federal Register.
Please be advised that FDA's issuance of a substantial equivalence determination does not mean that FDA has made a determination that your device complies with other requirements of the Act or any Federal statutes and regulations administered by other Federal agencies. You must comply with all the Act's requirements, including, but not limited to: registration and listing (21 CFR Part 807); labeling (21 CFR Part 801); good manufacturing practice requirements as set forth in the quality systems (QS) regulation (21 CFR Part 820); and if applicable, the electronic product radiation control provisions (Sections 531-542 of the Act); 21 CFR I 000-1050.
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Page 2 - Mr. Salvadore F. Palomares
This letter will allow you to begin marketing your device as described in your Section 5 IO(k) premarket notification. The FDA finding of substantial equivalence of your device to a legally marketed predicate device results in a classification for your device and thus, permits your device to proceed to the market.
If you desire specific advice for your device on our labeling regulation (21 CFR Part 801 and additionally 21 CFR Part 809.10 for in vitro diagnostic devices), please contact the Office of Compliance at (301) 594-4659. Additionally, for questions on the promotion and advertising of your device, please contact the Office of Compliance at (301) 594-4639. Also, please note the regulation entitled, "Misbranding by reference to premarket notification" (21 CFR Part 807.97). Other general information on your responsibilities under the Act may be obtained from the Division of Small Manufacturers, International and Consumer Assistance at its toll-free number (800) 638-2041 or (301) 443-6597 or at its Internet address http://www.fda.gov/cdrh/dsmaldsmamain.html
Enclosure
Si cerely ours,
' .. Witt~--Director Division of General, Restorative
and Neurological Devices Office of Device Evaluation Center for Devices and Radiological Health
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510(k):
D~vice Name:
Indications for Use:
NAFD 100
The NAFD 100 {and its components) is indicated for the collection of nipple aspirate fluid for cytological evaluation. The collected fluid can be used in the determination . and/or differentiation . of normal versus pre-malignant versus malignant cells.
Concurrence of CDRH, Office of Device Evaluation {ODE)
Prescription Use V Or Over the Counter Use (Per 21 CFR 801.1 09)
(OW~~~ 510{K) NUMBER Ko zP 8 'f8
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s.£DARP OFFICE LEASE - GR~S . AMERICAN INDUSTRtAL ~EAL .ESTATE ASSOCIATION
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STATE OF CALIFORNIA- HEALTH AN MAN SERVICES AGENCY
Dear laboratory Director:
Attached below is your clinical laboratory registration. Your registration is void after the expiration date below.
Expiration Date: March 28, 2012
HEALTH INNOVATIONS, LP· 11875 DUBLIN BLVD STE D271 DUBLIN CA 94568-2849
Tear Here
~tate ofQI:alifornta
In accordance with the persons
laboratory
OWNER(S): HEALTH INNOVATIONS, LP. CHENG SHAO
lab ID Nllmber. E«ective Oatez Valid Unlit: alA Number:
CtR00341017 Match 29, 2011 March 28, 2012 0502022218
UFORNIA DEPARTMENT OF PUBLIC HEALTH
REGISTRATION IIMIIAJ!ON·
Clinical laboratory Registration limits the type of testing allowed in this facility to waived or PPMP testing. DISPlAY·. State law requires that the clinical laboratory registration shall be conspicuously posted in the clinical laboratory. CHANGE OF I ABORATORY NAME DIREOQR OWNER AND/OR ADDRESS: State Jaw requires that the laboratory owner and/or the director notify this office within 30 days of any change if\ ownership, name, location, or laboratory directors. YOUR REGISTRATION ALSO WILL BE AUTOMATICALLY REVOKED 30 DAYS AFTER A MAJOR OWNER AND/OR DIRECTOR CHANGE. You must submit a completed application for a new clinical laboratory registration within those 30 days or cease engaging in clinical laboratory practice. Mail written notification and/or application to the address indicated below:
California Department of Public Health laboratory Field Services, Facility licensing Section 850 Marina Bay Parkway, Building P, 1st Floor Richmond, CA 94804-6403
Thank you for your cooperation. Lab 151 Labregis (11-09)
Beatrice R. O'Keefe, Chief ~aboratory Field Services
TeatHete ;;
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BEACON ECONOMICS
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This publication was prepared by:
Beacon Economics
Christopher Thornberg, Founding Principal 5777 W Century Blvd., Suite 895 Los Angeles, California 90045
Beacon Economics is an independent economic research and consulting firm with offices in Los Angeles and the San Francisco Bay Area. We deliver economic analysis and data sites that help our clients make informed, strategic decisions about investment, growth, revenue, policy, and other critical economic and financial issues. Our nationally recognized forecasters were among the first to predict the collapse of the housing market and foretell the onset and depth of the economic downturn that followed. Our core areas of expertise include economic and revenue forecasting, market and industry analysis, economic impact studies, economic policy analysis, and international trade analysis.
SERVICES
• Economic & Revenue Forecasting
• Business, Industry, & Market Analysis
• Economic Development Analysis • Ports & Infrastructure Analysis
Do Not Write in This Block- For USCIS Use Only (Exeept G-28 Block Below)
Classification Action Block Fee Receipt
Priority Date To be rompleted by Attorney or Repn:sentative, if any
t8) G-28 is attached
Attorney's State License No. 230894
Remarks:
START HERE - Type or print in black ink.
Part 1. Information About You Vo.r-ie.s b:t inilivi~1At\L i m.Jesi;o-r.s Family Given I Middle I Name Name Name
In care of Street Number and Name:
Address: Apt. Numberl I Provmce
I State. or I I ~ostall City I Countcyj I C Date of Birth
1~:::1 I ~ocial Security #I ~f:uy)l I (mm/ddlyyyy) (tfany)
If you are iD the United States, provide Date of Arrival I 1-94# I the following information: "'
(mm/dd/yyyy)
Current I Nonimmigrant Status .
I Date Current Status I . Expires (mm/ddlyyyy).
I Daytime Phone # I with Area Code
Part 2. Application Type (Check one)
a. ~ This petition is based on an investment in a commercial enterprise in a targeted employment area for which the required amount of capital invested has been adjusted downward.
b. 0 This petition is based on an investment in a commercial enterprise in an area for which the required amount of capital invested ~· has been adjusted upward.
c. 0 This petition is based on an investment in a commercial enterprise that is not in either a targeted area or in an upward adjustment area.
Part 3. Information About Your Investment
Name of commercial enterprise in which funds are invested !Health Innovations, LP
Street Address 22455 Maple Court, Suite 304, Hayward, CA 94541
Phone#
I I
with Area Code 1+1 (510) 690-9861 B( usiness_organizedashi ) 'Limited Partnership
~-----~==========~--~c_o~~nmo~~e~ p,retc-·~======~-------;============~ Kind of business I I Date established I I C (e.g. furniture manufacturer) Health Care (mm/ddlyyyy) 12/20/2010 IRS Tax# 274726690
RECEIVED:------ RESUBMITIED: _____ RELOCATED: SENT ______ REC'D ____ _
Form 1-526 (Rev. 11123/IO)Y
0 0 Part 3. Information About Your Investment (Continued)
C Date of your initial I investment (mm/ddlyyyy) PerAgreements (Exhibit I)
Amount of your initial investment s I Pe• E'hh i bi-h H't 1. I
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Your total capital investment I in the enterprise to date S f'eY" E.)(. hI b).{:; \1 ~ 1.
Percentage of the enterprise you own !Per PPM(Exhibit H) I
If you are not the sole investor in the new commercial enterprise, list on separate paper the names of all other parties (natural and nonnatural) who hold a percentage share of ownership of the new enterprise and indicate whether any of these parties is seeking classification as an alien entrepreneur. Include the name, percentage of ownership, and whether or not the person is seeking classification under section 203(b)(5). NOTE: A "natural" party would be an individual person, and a "non-natural" party would be an entity such as a corporation, consortium, investment group, partnership, etc.
If you indicated in Part 2 that the enterprise is in a targeted employment area I . ard ad' h and S County Alameda or m an upw ~ustment area, name t e county tate: _ State lcali f ornia
Part 4. Additional Information About the Enterprise
Type of Enterprise (check one):
IZ! New commercial enterprise resulting from the creation of a new business.
0 New commercial enterprise resulting from the purchase of an existing business.
0 New commercial enterprise resulting from a capital investment in an existing business.
Composition of the Petitioner's Investment:
Total amount in U.S. bank account ..................................................................................... . $ J;oo => voo. c-o
Total value of all assets purchased for use in the enterprise ................................................ . $
Total value of all property transferred from abroad to the new enterprise........................... $
Total of all debt financing.................................................................................................... $
Total stock purchases........................................................................................................... $
Other (explain on separate paper)........................................................................................ $
0 Part 5. Employment Creation Information '-er BIA.Siness Number offuU-time employees in the enterprise in U.S. (excluding you, your spouse, sons, and daughters)
C When you made your initial investment? I Now Difference
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How many of these new jobs were created by your investment?
How many additional new jobs will be created by your additional investment?
What is your position, office, or title with the new commercial enterprise?
ILimi ted Partner
Briefly describe your duties, activities, and responsibilities.
Per Limited Partnership Agreement (Exhibit E)
What is your salary? $jooo,ooo,ooo.oo What is the cost of your benefits?
$ !ooo,ooo,ooo.oo
Part 6. Processing Information Check One:
0 The person named in Part 1 is now in the United States, and an application to adjust status to permanent resident will be filed if this petition is approved.
0 If the petition is approved and the person named in Part 1 wishes to apply for an immigrant visa abroad, complete the
following for that person:
Country of nationality:
Country of current residence or, if now in the United States, last pennanent residence abroad:
If you provided a United States address in Part 1, print the person's foreign address:
If the person's native alphabet is other than Roman letters, write the foreign address in the native alphabet:
Are you in deportation or removal proceedings?
Have you ever worked in the United States without pennission?
0 Yes (Explain on separate paper)
0 Yes (Explain on separate paper)
Part 7. Signature Read the information on penalties in the instructions before completing this section.
0No
0No
I certify, under penalty of peJjury under the laws of the United States of America, that this petition and the evidence submitted with it is all true and correct. I authorize the release of any infonnation from my records that U.S. Citizenship and Immigration services needs to detennine eligibility for the benefit I am seeking.
Signature Date
NOTE: If you do not completely fill out this form or fail to the submit the required documents listed in the instructions, you may not be found eligible for the immigration benefit you are seeking and this petition may be denied
Part 8. Signature of Person Preparing Form, If Other Than Above (Sign below)
I declare that I prepared this application at the request of the above person, and it is based on all infonnation of which I have knowledge.
Requesting a Targeted Employment Area Designation In accordance with Title 8, Code of Federal Regulations Section 204.6(i), the California Employment Development Department has been delegated the authority by the State of Galifomia to designate the cities, counties, metropolitan statistical ateas, and geopolitical subdivisions (census tracts} that meet the "high unemployment" definition and thetefote qualffy for the $500,000 minimum investment thteshold as TEAs for EB-5 program purposes. Unemployment rates for cities, counties and census tracts are published annually.
The State of California has decided to use the most recent calendar year labor force and unemployment estimates to establish high unemployment rates and high unemployment ateas; thetefore, the Business, Transpottation and Housing Agency is currently using data for 2009 in these determinations.
At the disaetion of the Secretary, the Business, Transportation and Housing Agency may provide designations for applicants who can prove that the proposed investment area (city, county, or census tract) is within a targeted employment area (TEA). In order to be classified as a targeted employment area, the city, county or census tract must have experienced an unemployment rate that was equal to or exceeded 150% of the 2009 national employment rate. In 2009, 150% of the average national unemployment rate was equal to 13.95%.
Petitioners should consider the following prior to submitting a request:
Step 1 A specific address for the proposed investment will be needed to determine the census tract number. However, if you do not have a specific address you have the option to apply for the designation based on the unemployment rates within a specific city or county (Skip to Step 2).
The following link will help you determine your census tract number: http://factfinder. census. gov/servlet/AG SGeoAddressServlet? lang=en& program Year=50& treeld=420
Step 2 Verify that the city, county or census tract in question qualifies as a targeted employment area (has an unemployment rate equal to or exceeding 150% of the national unemployment average for 2009) using the statistical analysis performed in one of the following links:
List of Identified High Unemployment Areas
This link takes you to a list of metropolitan statistical areas, specific counties within metropolitan statistical areas, and counties with a city or town with a population of 20,000 or more. Those locations which have experienced an average unemployment rate of 150 percent of the national average, and therefore currently qualify as targeted employment areas, are listed in bold font (TEAs).
• • • I I . ---- 1..---=-~~ .. ,.,,. nrnrl Atitiitiona1Resources!EB5Pro ar etedEm lo men 1119/2 1
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Targeted Employment Area Designation Page 2 of3
0 0 List of Qualifying Census Tracts
This link takes you to a list of geopolitical subdivisions (census tracts) that have experienced an average unemployment rate of 150 percent of the national average and therefore qualify as targeted employment areas (TEAs).
Step 3 Once you have verified that the city, county or census tract qualifies as a TEA based on the information provided in one of the links in Step 2, print only the page (or pages) of the excel document that prove its TEA status and attach them to your email request. Please also note the address and census tract number for the property.
Note: N you can verify that your city, county or census tract qualifies as a TEA based on the infomration provided in Step 3, you have two options. You can either request a State issued detennination or submit the data with the petition to USCIS and USCIS can make the detennination.
Step 4 If your proposed area does not qualify based on any one of the previous criteria, do not despair. The property may meet the state's qualifications for a TEA following the next data release (in April of each year). Also, in a limited number of cases, special designations may be granted to applicants that can provide a logical economic reasoning, one that would be recognized wilhin the investment area or a specific industry, for why the area should be provided with a TEA designation. The proposed area must have an unemployment rate equal to or exceeding 150% of the national unemployment average. These special requests should include any/all information necessary to justify your claim. This can be done in a variety of ways but, at minimum, the applicant must provide a 200 word description for how the proposed investment makes economic sense to the surrounding area.
Other Issues to Consider • The Business, Transportation and Housing Agency will no longer accept petitions for TEA designation from
proposed regional centers. TEA designation requests from regional centers will only be accepted it the
regional center has already been approved by the U.S. Citizenship and Immigration Service (USCIS) prior to submitting the request.
• The State of California does not have the authority to designate rural areas as targeted employment areas (TEAs). If you are interested in obtaining a designation for a rural area, please see OMB 8 CFR 204.6 (i) for clarifying guidance.
• As it is important that USC IS be presented wilh the most current documentation when reviewing your Form 1-526, Immigrant Petition by Alien Entrepreneur, requesting a letter designating a specific location as being within a TEA should be one of the very last steps you take prior to submitting your petition to USCIS.
• Letters from the Business, Transportation and Housing Agency designating a proposed investment area as a TEA are only valid until unemployment data is released for the following year. For example, letters issued in March 2010 will only be considered valid until the new data is released in April2010.
• Please do not wait too long to submit your request to the State. Turnaround time for a letter designating a proposed investment area as a TEA is dependent upon the complexity of the request and availability of
state staff to process the request. That said, you can usually expect a response within 2-3 weeks.
• As referenced in Step 3, a State issued TEA designation is not mandatory. An EB-5 investor has the option to gather the relevant publicly available state or federal statistics on their own and submit it wilh their
petition for USCIS to make the TEA determination.
Requests for targeted employment area designations should be emailed to Benjamin Sarem at [email protected].
'----!-~~n ,,.,, nrml ACICiinonalResources!EB5Pro ram/Tar etedEm lo mentArea.... 1/19/2011
Targeted Employment Area Designation
0
C Back to Top 1 CA.gov 1 Governor's Website 1 Privacy Polley 1 Contact Us
Cl2010 Governor's Office of Economic Development
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ar ete Em lo mentArea.... 1/1912011
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EXHIBIT F REGIONAL CENTER STRUCTURE & BUSINESS APPROACH
ACSRC
(b)(4)
ACSRC, LLC I Recional Center Structure & Business Approach
Draft Operating Agreement Draft Partnership Agreement Draft Subscription Agreement Draft Escrow Agreement List of Escrow Agents Draft Offering Letter etc Articles of Incorporation etc for Enterprise Other relevant documents:
'"llent of Homeland Security mship and Immigration Services
q_ECEIPT NUMBER N09002810 RECEIPT DATE October 26 2010
PAGE 1 of 1
qo Joseph c. McCarthy, Esq McAdam & McCarthy, A Law Firm 1850 Industrial St #604 Los Angeles, CA 90021
CASE TYPE Regional Center Proposal REGIONAL CENTER NAME ACSRC LLC
Notice Type:
I-797C, Notice of Action
Receipt Notice
Receipt Notice - This notice confirms that USCIS received your Regional Center Proposal. If any of the above information is incorrect, send an e-mail to: [email protected]. 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 - The current processing time for this ease is estimated at 120 days. Unlike other case types, verifiCation or tracking of this case is not available electronically or on our website. We will notify you by mail when we make a decision on this case or if we need something from .you: If you do not receive an initial decision or update from us within our current processing time, you may send an e-mail to: [email protected]. or contact us at the address below.
Address Change - If your mailing address changes while your case is pending, you may send an e-mail to: [email protected]. Otherwise, you might not receive notice of our action on this case.
Please save this notice and a copy of any papers that you send to us along with proof of delivery.
U.S. OTIZENSHIP & IMMIGRATION SVC CAliFORNIA SERVICE CENTER Attn: EB-5 RC Proposal P.O. BOX 10526 LAGUNA NIGUEL CA 92607-10526
Form I-797C ev. 01/31/05) N
~. ' 0 • Please save this notice for yo~cords. Please enclose a copy. if you have to writetus or aU. S. Consulate about this case,
or if you file another application based on this tfecision.
e You will be notified separately about any other applications or petitions you have filed.
Additional Information
GENERAL.
The filing of an application or petition does not in itself allow a person to enter the United States and does not confer any
other right or benefit.
INQUIRIES.
You should contact the office listed on the reverse side of this notice if you have questions about the notice, or questions about the status of your application or petition. We recommend you call. However, if you write us, please enclose a copy of this notice with your letter.
APPROVAL OF NONIMMIGRANT PETITION.
Approval of a nonimmigrant petition means that the person for whom it was filed has been found eligible for the requested classification. If this notice indicated we are notifying a U.S. Consulate about the approval for the purpose of visa issuance, and you or the person you filed for have questions about visa issuance, please contact the appropriate U.S. Consulate directly.
APPROVAL OF AN IMMIGRANT PETITION.
Approval of an immigrant petition does not convey any right or status. The approved petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance( e) visa or for adjustment of status.
A person is not guaranteed issuance of a visa or a grant of adjustment simply because this petition is approved. Those processes look at additional criteria.
If this notice indicates we have approved the immigrant petition you filed, and have forwarded it to the Department of State Immigrant Visa Processing Center, that office will contact the person you filed the petition for directly with information about visa issuance.
In addition to the information on the reverse of tbis notice, the instructions for the petition you filed provide additional information about processing after approval of the petition.
For more information about whether a person who is already in the U.S. can apply for adjustment of status, please see Form I-485, Application to Register Permanent Residence or Adjust Status.
,
Date: DEC 0 8 2011
ACSRC, LLC C/0 Shuyuan Tang 118 7 5 Dublin Blvd, Suite D 2 71 Dublin, CA 94568
Application: Applicant(s):
Re:
Request for Designation as a Regional Center Shtiyuan Tang
ACS Regional Center
Ou.s. Department of Homeland Security 24000 Avila Road, 2"d Floor Laguna Niguel, CA 92677
U.S. Citizenship "' and Immigration
Services
RCW1031910079/ID I 03I910079/Formerly W0900281 0
Pursuant to Section 610 of the Appropriations Act of I993, as amended, on October 26, 2010, ACSRC, LLC submitted a proposal seeking approval and designation by U.S. Citizenship and Immigration Services (USCIS) of the ACSRC Regional Center.
USCIS hereby designates ACSRC, LLC as a Regional Center within the Immigrant Investor Pilot Program and approves the request as described below:
GEOGRAPHIC AREA:
The ACSRC Regional Center shall have a geographic scope which includes the following thirty (30) contiguous counties in the State of California: Alameda, Contra Costa, Solano, Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Plumas. Tehama, Mendocino, Glenn, Butte, Lake, Colusa, Sutter, Yuba, Nevada, Sierra, Yolo, Napa, Sonoma, Sacramento, Placer, ElDorado, San Francisco, Santa Clara and San Joaquin.
FOCUS OF INVESTMENT ACTIVITY:
As depicted in the economic model, the general proposal, business plan and associated economic analysis, the Regional Center will engage in the following economic activity: loans to 3rd party enterprises.
The Regional Center shall focus on offering EB-5 compliant capital investment opportunities into new commercial enterprises in the following three target industry economic categories:
I. NAICS 7 21110 Hotels (Except Casinos) and Motels 2. NAICS 236220 Commercial and Institutional Building Construction 3. NAICS 62I498 All Other Outpatient Care Centers
Note: If any investment opportunities arise that are beyond the scope of the approved industry categories, then an amendment would be required to add that category.
www.uscis.gov
c ACSRC, LLC/ RCW 1031910079/ID 1031910079/FormerlyW09002810 Page 2
Aliens seeking immigrant visas through the Immigrant Investor Pilot Program may file individual petitions with users for capital investments in new commercial enterprises located within and affiliated with the approved Regional Center area.
For any alien requesting the reduced threshold of $500,000 based upon an investment in a Targeted Employment area, the alien must establish at the time of filing of the I-526 petition that either the investment will be made in a TEA designated area or was made in a TEA designated area at the time of the alien's initial investment into the enterprise.
EMPLOYMENT CREATION
Immigrant investors who file petitions for capital investments in new commercial enterprises located within and affiliated with the Regional Center area must fulfill all of the requirements set forth in INA 203 (b) (5), 8 CFR 204.6, and 8 CFR 216.6, except that the petition need not show that the new commercial enterprises created ten new jobs directly as a result of the immigrant investor's investment. The determination whether the alien investor has met the job creation requirements will be established by a review of the required initial evidence at 8 CFR 204.6(j) and 8 CFR 216.6(a)(4) for the Form I-526 and Form I-829 petitions, respectively. The capital investment and job creation activities outlined in the individual petitions must fall within the bounds of the final economic analysis that is contained as part of the approved Regional Center proposal and its indirect job creation model and multipliers contained within the final approved Regional Center application package. The immigrant investor must show at the time of removal of conditions that they performed the activities described in Form I-526 petition, and the activities must be based on the approved regional center methodology for demonstrating job creation.
The regional center has identified IMPLAN input/ output model to establish indirect job creation. The indirect job creation methodology must be submitted with each Form I-526 petition, and must indicate the number of jobs that will be created as a result of the capital investment.
In addition, where job creation is claimed based on multipliers rooted in construction expenditures and direct employment at hotels and revenues of outpatient care centers, the immigrant investor's individual I-526 petition affiliated with your Regional Center, should include as supporting evidence:
• A comprehensive detailed business plan with supporting financial, marketing and related data and analysis providing a reasonable basis for projecting creation of indirect and/ or induced jobs to be achieved/realized within two years pursuant to 8 CFR 204.6(j)(4)(B) and reasonable methodologies pursuant to 8 CFR 204.6(m)(7)(ii).
An alien investor's I-829 petition to remove the conditions which was based on an I-526 petition approval that involved the creation of new indirect jobs based on multipliers mentioned above, needs to be supported by evidence showing that funds were expended in hard construction costs and proof of direct employment at hotels and revenues of outpatient care centers. Such evidence may include reasonable methodologies like multiplier tables, feasibility studies, and other economically or statistically valid forecasting devices which indicate the likelihood that the alien's investment has resulted in increased employment.
Additional Guidelines for individual Immigrant Investors Visa Petition (I-526)
Each individual petition, in order to demonstrate that it is associated with the Regional Center, in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain as supporting evidence relating to this Regional Center designation, the following:
1. A copy of this letter, the Regional Center approval and designation.
2. A copy of the Regional Center narrative proposal and relevant business plan.
3. A copy of the job creation methodology required in 8 CFR 204.6(j) ( 4 )(iii), as contained in the final Regional Center economic analysis which has been approved by USCIS, which reflects that investment by an individual immigrant investor will create not fewer than ten (10) full-time employment positions, either directly or indirectly, per immigrant investor. If the approval of the plan for capital investments in a given industry economic category is based upon an exemplar capital investment project, then the immigrant investor petition must also be supported by an analysis and evidence that shows that the actual capital investment in the Form I-526 petition comports to the exemplar capital investment project approved in the regional center designation and that it is otherwise EB-5 compliant.
4. A legally executed copy of the USCIS approved documents for Health Innovations, LP:
a. Private Placement Memorandum b. Subscription Agreement c. Escrow Agreement d. Limited Partnership Agreement
Sample submitted April I 9, 2 0 11 Sample submitted April 19, 2011 Sample submitted April I 9, 2 0 11 Sample submitted October 22, 2010
DESIGNEE'S RESPONSIBILITIES INHERENT IN CONDUCT OF THE REGIONAL CENTER:
The law, as reflected in the regulations at 8 CFR 204.6(m)(6), requires that an approved Regional Center in order to maintain the validity of its approval and designation must continue to meet the statutory requirements of the Immigrant Investor Pilot Program by serving the purpose of promoting economic growth, including increased export sales (where applicable), improved regional productivity, job creation, and increased domestic capital investment. Therefore, in order for USCIS to determine whether your Regional Center is in compliance with the above cited regulation, and in order to continue to operate as a USCIS approved and designated Regional Center, your administration, oversight, and management of your Regional Center shall be such as to monitor all investment activities under the sponsorship of your Regional Center and to maintain records, data and information in order to provide the information required on the Form I-924A supplement. Form I-924A, Supplement to Form 1-924 is available in the "Forms" section on the USCIS website at www.uscis.gov.
Effective November 23, 2010, the failure to timely file a Form I-924A Supplement for each fiscal years in which the regional center has been designated for participation in the Immigrant Investor Pilot Program will result in the issuance of an intent to terminate the participation of the regional center in the Pilot Program, which may ultimately result in the termination of the approval and designation of the regional center.
Note: The requirement for the filing of Form I-924A Supplement commences in fiscal year 2011. Each regional center that remains designated for participation in the pilot program as of September 30, 2011 must submit the Form I-924A Supplement with the required supporting documentation on or before December 29, 2011.
If you have any questions concerning the Regional Center approval and designation under the Immigrant Investor Pilot Program, please contact the USCIS by Email at [email protected].
Rosemary Langley Melville Director
~ California Service Center
~ cc: Joseph c. McCarthy, Esq. ~S Y
OMB No. 1615-0095 .,.-,
Department of Homeland Security
U.S. Citizenship and Immigration Services
Form I-290B, Notice ~s ... _:...
of Appeal or Motion
In the Matter of: ACSRC , LLC Regional. Center File Ntmber: A_
START HERE- Please Type or Print (Use black ink) For USCIS Use Only
Part 1. Information About Petitioner/ Applicant (Individual/Business/ .
R1~turned Receipt Organization/ Attorney/Representative filing appeal or motion)
Family Name Given Name Middle Name Date
!McCarthy IIJoseph I jcharl.to~ CSi ====== --....= ""~ Date --Name of Business/Organization (if applicable) --....= ""~
Resubmitted es~=
I McAdam I -~ & McCarthy --
Mailing Address - Street Number and Name Apt.# :1: Date :::c
11850 J 1604 I
n Industrial. St. ·~
Date N C/0 (in care of): 1---
CSJ
I I Reloc Sent ,-
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·~ City State or Province Zip/Postal Code C1l
&,-!Los IICA 1190021 I
Date Angeles w_
Country Daytime Phone# (Area/Country Code) :m;:-Date =~
jusA 11 <206 > 898-0133 I ~-Reloc Rec'd :z:~= ,---,---
1Slll Fax# (Area/Country Code) E-Mail Address (if any) -! ( ) II jmccarthy@mc2firm. com I Date
~ I am an attorney or representative. If you check this box, you must provide the Date following information about the person or organization for whom you are appearing. (NOTE: You must attach a Form G-28, Notice of Entry of Appearance Remarks
as Attorney or Representative.) Family Name Given Name Middle Name
I II II II: p
Complete Name of Business/Organization/School (if applicable)
IACSRC, LLC Regional. Center I
A# (if any) Daytime Phone# (Area/Country Code)
IRCW1031910079 II < ) I l(lJ\) - ' Fax# (Area/Country Code) E-mail Address (if any)
I < ) II I Part 2. Information About the Appeal or Motion (Check one box below that best describes your request)
NOTE:
A. 0 If you indicate that you are filing an appeal, it may be considered by USCIS as a motion before it is forwarded to the AAO.
I am filing an appeal. My brief and/or additional evidence is attached.
B.
c. D.
E.
F.
0 0 ~
0 0
I am filing an appeal. My brief and/or additional evidence will be submitted to the AAO within 30 days.
I am filing an appeal. No supplemental brief and/or additional evidence will be submitted.
I am filing a motion to reopen a decision. My brief and/or additional evidence is attached.
I am filing a motion to reconsider a decision. My brief is attached.
I am filing a motion to reopen and a motion to reconsider a decision. My brief and/or additional evidence is attached.
'
111111111111111111111~1111111111111111·· Form l-2908 (Rev. 03/141!1) Y
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-= ("-;'r ~-·-f
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Untitled Page 1 of
Form: 1924 Receipt: RCW1031910079 Status: DENIAL NOTICE SENT
Received Date: 10/26/2010
Information About Principal of the Regional Center
i Last Name: Middle Name: First Name:
C/0:
Street Address/P.O. Box:
City: State: 00 Zip Code:
Date of Birth:
• Application Type: A Regional Center ID: ID1031910079
Signed: N
Name of Regional Center: ACSRC, LLC
Street Address/P.O. Box: 11875 DUBLIN BLVD, SUITE D271
Street Address 2:
City: DUBLIN State: CA Zip Code: 94568
Web Site: E-Mail: Fax: {925) 829-9979 Telephone Number: (925) 272~0891
Name of Managing Company:
Street Address/P.O. Box:
' · Street Address 2:
City: State: 00 Zip Code:
1
Web Site: E-Mail: Fax: Telephone Number:
Name of Other Agent:
Street Address/P.O. Box:
Street Address 2:
City: State: 00 Zip Code:
1 Web Site: E-Mail: Fax: Telephone Number:
;
l Contact Information I
Last Name: TANG Middle Name: First Name: SHUNYUAN
StreetAddress/P.O. Box: 11875 DUBLIN BLVD, SUITE 0271
Geographic Area of the Regional Center Description: Alameda, Contra Gus[;:,, Node, Lassen, Plumas. Tehama, iv1encjoc,no, Glenn. Butte, Sierra, Yolo, Napa. Sonoma, Sacramenln. And
1
G28 Information
Last Name: McCarthy Middle Name: C. First Name: Joseph
U.S. Department of Homeland Security P .. o. Box 10526 Laguna Niguel. CA 92607~0526
U.S. Citizenship and Immigration Services
SEP 2 Z 201f
Petition: Regional Center Proposal
File: RCW1 03191 0079/W0900281 0
Your Regional Center Proposal, filed in behalf of ACR Regional Center has been denied for the following reason(s):
See Attachment
If you desire to appeal this dedsion, you may do so. Your notice of appeal must be filed with this office at the address at the top of this page withir! 30 days of the date of this notice. Your appeal must be filed on Form I-290B. A fee of$630.00 is required, payable to U.S. Citizenship and Immigration Services with a check or money order &om a bank or other institution located in the United States. If no appeal is filed within the time allowed, this decision will be the final dedsion in this matter.
In support of your appeal, you may submit a brief or other written statement for consideration by the reviewing authority. You may, if necessary, request additional time to submit a brief. Any brief, written statement, or other evidence not filed with Form I-290B, or any request for additional time for the submission of a brief or other material must be sent directly to:
U.S. Citizenship and Immigration Services Administrative Appeals Office MS 2090 Washington, D.C. 20529-2090.
Any ~equest_ for additional time for the submission of a brief or other statement must be made directly to the Admimstrauve Appeals Office (AAO), and must be accompanied by a written explanation for the need for additional time. An extension of time to file the appeal may not be granted. The appeal may not be filed directly with the AAO. The appeal must be filed at the address at the top of this page.
Sincerely,
~ Rosemary Langley Melville Director, California Service Center
cc: Joseph C. McCarthy, Esq.
Enclosure: Form I-290B
Form I-292
WWw.dhs.gov
ACSRC, U.C- W09002810/RCW1031910079 Page 2
The U.S. Citizenship and Immigration Services (USCIS) has completed its review of your proposal for ACSRC, U.C (ACSRC) to be designated as a regional center under the Immigrant Investor Pilot Program (Pilot Program). The Pilot Program was established under section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act of 1993 (Pub. 1.102-395, Oct. 6, 1992, 106 Stat. 1874). For the reason stated below, the proposal is denied.
Background:
The proposed Regional Center entity, ACSRC, llC (ACSRC), was established on July 28, 2010 in California, and is structured as a limited liability company. ACSRC is requesting jurisdiction over a geographic area within the State of California, including the 27 contiguous counties of Alameda, Contra Costa, Solano, Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Plumas, Tehama, Mendocino, Glenn, Butte, Lake, Colusa, Sutter, Yuba, Nevada, Sierra, Yolo, Napa, Sonoma, Sacramento, Placer and El Dorado. ACSRC plans to offer EB-5 capital investment opportunities in affiliated new commercial enterprises, organized as limited partnerships, focusing on projects in the following industry
categories:
1. NAICS 72 111 0
2. NAICS 236220
3. NAICS 621498
Hotels
Construction Outpatient Care Center
The capital investment projects will involve a combination of equity investments and loans to job creating enterprises located within the proposed bounds of the Regional Center.
I. Regional Center
Section 61 0 of the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 1993, Pub. L. 102-395, (8 USC 1153 note), as amended by Section 402 of the Visa Waiver Permanent Program Act of 2000, Pub. L. 106-396, provides:
(a) Of the visas otherwise available under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), the Secretary of State, together with the Attorney General, shall set aside visas for a pilot program to implement the provisions of such section. Such pilot program shall involve a regional center in the United States for the promotion of economic growth, including increased export sales, improved regional productivity, job creation, and increased domestic capital investment.
(b) For purposes of the pilot program established in subsection (a), beginning on October 1, 1992, but no later than October 1, 1993, the Secretary of State, together with the Attorney General, shall set aside 3000 visas annually for five years to include such aliens as are eligible for admission under section 203 (b) ( S) of the Immigration and Nationality Act and this section, as well as spouses or children which are eligible, under the .terms of the Immigration and Nationality Act, to accompany or follow to join such aliens.
(c) In determining compliance with section 203(b)(5)(A)(iii) of the Immigration and Nationality Act, and notwithstanding the requirements of 8 CFR 204.6, the Attorney General
shall permit aliens admitted under the pilot program described in this section to establish reasonable methodologies for determining the nwnber of jobs created by the pilot program, including such jobs which are estimated to have been created indirectly through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.
The regulation at 8 C.F.R. § 204.6(m) provides:
(3) Requirements for regional centers. Each regional center wishing to parnapate in the Immigrant Investor Pilot Program shall submit a proposal to the Assistant Commissioner for Adjudications, which:
(i) Clearly describes how the regional center focuses on a geographical region of the United States, and how it will promote economic growth through increased export sales, improved regional productivity, job creation, and increased domestic capital investment;
(ii) Provides in verifiable detail how jobs will be created indirectly through increased exports;
(iii) Provides a detailed statement regarding the amount and source of capital which has been committed to the regional center, as well as a description of the promotional efforts taken and planned by the sponsors of the regional center;
(iv) Contains a detailed prediction regarding the manner in which the regional center will have a positive impact on the regional or national economy in general as reflected by such factors as increased household earnings, greater demand for business services, utilities, maintenance and repair, and construction both within and without the regional center; and
(v) Is supported by economically or statistically valid forecasting tools, including, but not limited to, feasibility studies, analyses of foreign and domestic markets for the goods or selvi.ces to be exported, and/ or multiplier tables.
( 4) Submission of proposals to participate in the Immigrant Investor Pilot Program. On August 24, 1993, the Service will accept proposals from regional centers seeking approval to participate in the Immigrant Investor Pilot Program. Regional centers that have been approved by the Assistant Commissioner for Adjudications will be eligible to participate in the Immigrant Investor Pilot Program.
(5) Decision to participate in the Immigrant Investor Pilot Program. The Assistant Commissioner for Adjudications shall notify the regional center of his or her decision on the request for approval to participate in the Immigrant Investor Pilot Program, and, if the petition is denied, of the reasons for the denial and of the regional center's right of appeal to the Associate Commissioner for Examinations. Notification of denial and appeal rights, and the procedure for appeal shall be the same as those contained in 8 CFR 103.3.
c
ACSRC, UC - W09002810/ RCW103 1910079 Page 4-
In reviewing this proposal, USOS has to detenniDe whether the proposal has met all five regulatory criteria1, and thereby will create a regjonal center within which aliens seeking to obtain permanent resident status under section 203(b)(5) of the Act will be able to establish successfully a new commercial enterprise (as described in 8 C.F.R. § 204.6(h)) with the qualifying investment that will benefit the United States economy and create 10 full-time jobs, including jobs indirectly through the new commercial enterprise.
JI. PositiTe Impact on the Regional or National Economy
(b)(4)
1 In 2000, the law renewing the Pilot Program no longer mandated job creation through increased export sales, but
changed this factOr to be something encouraged, but not required to be approved to participate as a regional center in
the Pilot Program.
(b) (4)
(b) (4)
~ , , ~ADAM & M C CART~
A LAW FI R M
JOSEPH C . M CC A RTHY , M S JD 1850 Industria l St.# 6 0 4 , Los A n ge l es CA 9002 1 1 (206) 898 - 0133 I
jmcca r t h y @ m e 2 firm .com
SUBMISSION CONTAINS 11CONFIDENTIAL COMMERCIAL INFORMATION." PER THE FREEDOM OF
INFORMATION ACT, 5 U.S.C. § 552 (b)(4), SUBMmER REQUESTS PRE-DISCLOSURE NOTIFICATION PER
PRESIDENTIAL EXECUTIVE ORDER NO 12600, 52 FED. REG. 23781 (JUNE 23, 1987)
United States Citizenship and Immigration Service I California Service Center
Attn: EB-5 Regional Center Proposal
24000 Avila Road, 2"d Floor
Laguna Niguel, CA 92677
October 11'h, 2011
RE: Motion to Reopen ACSRC, LLC Regional Center Application (RCW1031910079, formerly W09002810)
Dear USCIS Adjudication Officer:
INTRODUCTION
The ACSRC, LLC ("Petit ioner" or "Company" ), respectfully submits the following Motion to Reopen and
accompanying evidence in response to the denial of the proposed ACSRC, LLC Regional Center
(" ACSRC" ), issued by the United States Citizenship and Immigration Service ("USCIS" or "Service") on
September 22, 2011 (File Number RCW1031910079, formerly W09002810 or the , Denial") under the
EB-5 Immigration Program (8 U.S.C. §1153(b)(5), 8 C.F.R. §204.6), and Immigrant Investor Pilot Program
("EB-5 Regional Center ProgramH) (hereinafter, the "Motion").1
The Company's response to the Request for Evidence was made in good faith based on the
recommendations and experience of engaged EB-5 Economic Consultants. (b) (4)
SUMMARY
The attached Form 1-2908, letter, the $630 filing fee, and accompanying exhibits constitute a Motion to
Reopen under 8 C.F.R. 103.5(a). This motion is filed within the timeframe required under 8 C.F.R.
103.5(a)(l)(i) and is therefore considered timely. While the AAO would have jurisdiction over
adjudication of an appeal in this matter, the California Service Center would have jurisdiction over
adjudication of a motion to reopen its September 22, 2011 decision. 8 C.F.R. § 103.5(a)(l)(ii).
1 Section 610 Department of Commerce, Justice, and State, t he Judiciary, and Related Agencies Act
ACSRC Rqioo.al Center I Mocioo to Reopen
(b) (4)
(b) (4)
EXHIBITS
Exhibit 1: March, R. PhD: An Economic Analysis Of the Regional Center Projects Encompassing the
Counties of Alameda, Butte, Contra Costa. Colusa. Del Norte. El Dorado, Glenn. Humboldt. lake, lassen,
Mendocino, Modoc, Napa, Nevada. Placer, Plumas. Sacramento, San Francisco, San Joaquin, Santa Clara,
Shasta, Sierra, Siskiyou. Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, and Yuba in the State of
California. Final Report, Wright Johnson Consultants, (October 17, 2011).
ACSRC Regional Cenrer I Motion to Reopen
iv
E
ACSRC Regional Cenrer I Motion lo Reopen
v
WRIGHT JOHNSON professional authors and analysts
An Economic Analysis Of the Regional Center Projects Encompassing the Counties of Alameda,
Butte, Contra Costa, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Napa, Nevada, Placer, Plumas,
Sacramento, San Francisco, San Joaquin, Santa Clara, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, Tehama, Trinity, Yolo, and Yuba in the
State of California
Final Report Prepared for
ACS Regional Center, LLC By
Wright Johnson, LLC October 17, 2011
205 Worth Avenue, Suite 201, Palm Beach, FL 33480 Tdephone: (561) 602-1992
1-2 Summary of ACSRC Project Shasta County Hotel.. ............................................... 9
1-3 Summary of ACSRC Project Del Norte County Hotel .......................................... 1 0
1-4 Summary of ACSRC Project Modoc County Hotel. ............................................. 1 1
1-5 Summary of ACSRC Project Sierra County Hotel.. ...................................•.......... 1 2
1-6 Summary of ACSRC Project Siskiyou County Hotel ............................................. 1 3
1-7 Summary of ACSRC Project Tehama County Hotel.. ........................................... 1 4
1-8 Summary of ACSRC Project Trinity County Hotel .............................................. 1 5
1-9 Summary of ACSRC Project Alameda County Wellness Clinic ................................ 16
1-10 Summary of ACSRC Project Colusa County Wellness Clinic ................................. 17
1-11 Summary of ACSRC Project Lake County Wellness Clinic .................................... 18
1-12 Summary of ACSRC Project Napa County Wellness Clinic ................................... 19
1-13 Summary of ACSRC Project Placer County Wellness Clinic .................................. 2 0
1-14 Summary of ACSRC Project Mendocino County Wellness Clinic ............................ 21 1-15 Summary of ACSRC Project Contra Costa County Wellness Clinic ......................... 2 2 1-16 Industry Cluster Definitions .......................................................................... 2 3
1-17 Output per Worker & Employee Compensation .................................................. 2 6
1-18 Discussion of County Grouping Selected based on Commuter Data .....................•.... 2 7
1-19 Effect of Operational Household Earnings ........................................................ 3 2
1-20 Business Services, Utilities and Maintenance ....................................................... 3 2 1-21 Discussion ofUnemployment ........................................................................ 33
1-22 Regional Model Baselines ............................................................................. 3 4
1-23 Regional Final Demand ............................................................................... 3 4
1-24 Top Ten Regional Industries ......................................................................... 3 4 2. Methods & Assumptions ............................................................................................................ 36
2-3 Estimation of Construction Jobs ...................................................................... 3 8
2-4 Estimation of Construction Jobs- Shasta County Hotel .......................................... 3 8
2-5 Estimation of Construction Jobs- Del Norte County Hotel ..................................... 39
2-6 Estimation of Construction Jobs Modoc County Hotel ......................................... 3 9
3
2-7 Estimation of Construction Jobs - Sierra County Hotel. .......................................... 40
2-8 Estimation of Construction Jobs - Siskiyou County Hotel.. ..................................... .40
2-9 Estimation of Construction Jobs -Tehama County Hotel.. ...........................•......... .4 1
2-10 Estimation of Construction Jobs Trinity County Hotel. ...................................... .41
2-11 Estimation of Construction Jobs Alameda County Wellness Clinic ...................•...... 4 2
2-12 Estimation of Construction Jobs- Colusa County Wellness Clinic ........................... .42
2-13 Estimation of Construction Jobs - Lake County Wellness Clinic ............................... 4 3 2-14 Estimation of Construction Jobs Napa County Wellness Clinic ............................. .4 3
2-15 Estimation of Construction Jobs Placer County Wellness Clinic ............................. 44
2-16 Estimation of Construction Jobs Mendocino County Wellness Clinic ....................... 44
2-17 Estimation of Construction Jobs - Contra Costa County Wellness Clinic .................... 4 5
4-2 Detailed Results Annual Increase in Employment- Shasta County Hotel Project ............ 57
4-3 Detailed Results Annual Increase in Output Shasta County Hotel Project .................. 57
4-4 Detailed Results Annual Increase in Labor Income Shasta County Hotel Project ........... 58
4-5 Detailed Results Annual Increase in Indirect Business Taxes Shasta County Hotel ProjectS 8
4-6 Detailed Results Annual Increase in Employment- Del Norte County Hotel Project ....... 59
4-7 Detailed Results Annual Increase in Output -Del Norte County Hotel Project .............. 59
4-8 Detailed Results Annual Increase in Labor Income- Del Norte County Hotel Project. ..... 60 4-9 Detailed Results Annual Increase in Indirect Business Taxes- Del Norte County Hotel
4-10 Detailed Results Annual Increase in Employment - Modoc County Hotel Project .......... 61
4-11 Detailed Results Annual Increase in Output - Modoc County Hotel Project ........•.•...... 6 1
4-12 Detailed Results Annual Increase in Labor Income - Modoc County Hotel Project ........ 6 2 4-13 Detailed Results Annual Increase in Indirect Business Taxes- Modoc County Hotel Project
.................................................................................................................. 62 4-14 Detailed Results Annual Increase in Employment - Sierra County Hotel Project ............ 6 3
4-15 Detailed Results Annual Increase in Output - Sierra County Hotel Project .................. 6 3
4-16 Detailed Results Annual Increase in Labor Income Sierra County Hotel Project .......... 64 4-17 Detailed Results Annual Increase in Indirect Business Taxes Sierra County Hotel Project
4-18 Detailed Results Annual Increase in Employment - Siskiyou County Hotel Project .....••. 6 5
4-19 Detailed Results Annual Increase in Output -Siskiyou County Hotel Project ............... 65
4
4-20 Detailed Results Annual Increase in Labor Income Siskiyou County Hotel Project ....... 66 4-21 Detailed Results Annual Increase in Indirect Business Taxes Siskiyou County Hotel Project
.................................................................................................................. 66 4-22 Detailed Results Annual Increase in Employment Tehama County Hotel Project ......... 6 7
4-23 Detailed Results Annual Increase in Output - Tehama County Hotel Project ............... 6 7
4-24 Detailed Results Annual Increase in Labor Income Tehama County Hotel Project ....... 68 4-25 Detailed Results Annual Increase in Indirect Business Taxes Tehama County Hotel Project
.................................................................................................................. 68 4-26 Detailed Results Annual Increase in Employment Trinity County Hotel Project .......... 69 4-27 Detailed Results Annual Increase in Output -Trinity County Hotel Project ................ 69 4-28 Detailed Results Annual Increase in Labor Income Trinity County Hotel Project ••....... 70 4-29 Detailed Results Annual Increase in Indirect Business Taxes Trinity County Hotel Project
4-30 Detailed Results Annual Increase in Employment Alameda County Wellness Clinic ...... 71
4-31 Detailed Results Annual Increase in Output -Alameda County Wellness Clinic ............ 71
4-32 Detailed Results Annual Increase in Labor Income -Alameda County Wellness Clinic .... 72 4-33 Detailed Results Annual Increase in Indirect Business Taxes- Alameda County Wellness
4-34 Detailed Results Annual Increase in Employment Colusa County Wellness Clinic ........ 73
4-35 Detailed Results Annual Increase in Output -Colusa County Wellness Clinic ............... 73
4-36 Detailed Results Annual Increase in Labor Income Colusa County Wellness Clinic ...... 7 4 4-37 Detailed Results Annual Increase in Indirect Business Taxes Colusa County Wellness
4-38 Detailed Results Annual Increase in Employment- Lake County Wellness Clinic ..•....... 75 4-39 Detailed Results Annual Increase in Output -Lake County Wellness Clinic ................. 75 4-40 Detailed Results Annual Increase in Labor Income- Lake County Wellness Clinic ......... 76 4-41 Detailed Results Annual Increase in Indirect Business Taxes- Lake County Wellness Clinic
.................................................................................................................. 76 4-42 Detailed Results Annual Increase in Employment- Napa County Wellness Clinic .......... 77
4-43 Detailed Results Annual Increase in Output -Napa County Wellness Clinic ................ 77
4-44 Detailed Results Annual Increase in Labor Income- Napa County Wellness Clinic ........ 78 4-45 Detailed Results Annual Increase in Indirect Business Taxes Napa County Wellness Clinic
.................................................................................................................. 78 4-46 Detailed Results Annual Increase in Employment Placer County Wellness Clinic ......... 79
4-47 Detailed Results Annual Increase in Output -Placer County Wellness Clinic ................ 79
4-48 Detailed Results Annual Increase in Labor Income- Placer County Wellness Clinic ....... 80
5
4-49 Detailed Results Annual Increase in Indirect Business Taxes Placer County Wellness Clinic
4-50 Detailed Results Annual Increase in Employment Mendocino County Wellness Clinic .. ~ 1
4-51 Detailed Results Annual Increase in Output - Mendocino County Wellness Clinic ......... ~ 1
4-52 Detailed Results Annual Increase in Labor Income- Mendocino County Wellness Clinic.~2 4-53 Detailed Results Annual Increase in Indirect Business Taxes Mendocino County Wellness
4-54 Detailed Results Annual Increase in Employment- Contra Costa County Wellness Clinic ~3
4-55 Detailed Results Annual Increase in Output Contra Costa County Wellness Clinic ....... ~3 4-56 Detailed Results Annual Increase in Labor Income- Contra Costa County Wellness Clinic
.................................................................................................................. ~~ 4-57 Detailed Results Annual Increase in Indirect Business Taxes- Contra Costa County
W ellness Clinic ..•••........................................•.................................................. ~~
EXHIBff 1 -A Summary of the Processes and Calculations Used within IMPLAN ............. ~6
EXHIBIT 2- Identifying the National Impacts of ACSRC ........................................... ~ 9
EXHIBIT 3- Employment Multipliers by Sector ....................................................... 92
EXHIBIT 4- Unemployment rates in the ACSRC ..................................................... 95
EXHIBIT 5 Direct Employment Projections ....................................................... 1 1 ~
We shall make all reasonable effort for prompt CHARGES
delivery but assume no responsibility for .loss arisin.g from late delivery. DDS's liability for any WAIT TIME direct economic damage incurred as·a result of any breach, failure, act or omission of DDS and WEIGHT employees shall· not exceed $250.00. per invoice. #LBS Under no circumstances shall DDS be liable for MISC. incidental or consequential damages.
L~~ f,. (f\;1 ( I DELIVERED BY: TOTAL .../ /
(/ II
AM I DATE PM /0 / p--u F\ 1
i ' .
0
Cover
mrtlriJV retnoving .any part Of UIJ:!I: J.:C:..>ll
aud date it. and p~it · .... r,mt.u.mting tbe·removed.materiat ~c$00Jf
ACSRC, LLC C/0 Shuyuan Tang, Managing Principal 118 7 S Dublin Blvd, Suite D 2 71 Dublin, CA 94568
DECISION
DATE:
,....,....., I
"--" U.S. Department of Homeland Security P .. o. Box 10526 Laguna Niguel, CA 92607-0526
U.S. Citizenship and Immigration Services
SEP 2 2 20H
Petition; Regional Center Proposal
File: RCW1031910079/W09002810
Your Regional Center Proposal, filed in behalf of ACR Regional Center has been denied for the following reason(s):
See Attachment
If you desire to appeal this decision, you may do so. Your notice of appeal must be filed with this office at the address at the top of this page within 3 0 days of the date of this notice. Your appeal must be filed on Form I-290B. A fee of$630.00 is required, payable to U.S. Citizenship and Immigration Services with a check or money order from a bank or other institution located in the United States. If no appeal is filed within the time allowed, this decision will be the final decision in this matter.
In support of your appeal, you may submit a brief or other written statement for consideration by the reviewing authority. You may, if necessary, request additional time to submit a brief Any brief, written statement, or other evidence not filed with Form I-290B, or any request for additional time for the submission of a brief or other material must be sent directly to:
U.S. Citizenship and Immigration Services Administrative Appeals Office MS 2090 Washington, D.C. 20529-2090.
Any request for additional time for the submission of a brief or other statement must be made directly to the Administrative Appeals Office (AAO), and must be accompanied by a written explanation for the need for additional time. An extension of time to file the appeal may not be granted. The appeal may not be filed directly with the AAO. The appeal must be filed at the address at the top of this page.
Sincerely,
Rosemary Langley Melville Director, California Service Center
cc: Joseph C. McCarthy, Esq.
· Enclosure: Form l-290B
Form 1-292 www.dhs.gov
ACSRC, LLC- W090028I 0/RCWI 03I9I 0079 Page 2
The U.S. Citizenship and Immigration Services (USCIS) has completed its review of your proposal for ACSRC, LLC (ACSRC) to be designated as a regional center under the Immigrant Investor Pilot Program (Pilot Program). The Pilot Program was established under section 6 I 0 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act of I993 (Pub. L.I 02-395, Oct. 6, I992, I06 Stat. I874). For the reason stated below, the proposal is denied.
Background:
The proposed Regional Center entity, ACSRC, LLC (ACSRC), was established on July 28, 20 I 0 in California, and is structured as a limited liability company. ACSRC is requesting jurisdiction over a geographic area within the State of California, including the 2 7 contiguous counties of Alameda, Contra Costa, Solano, Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Plumas, Tehama, Mendocino, Glenn, Butte, Lake, Colusa, Sutter, Yuba, Nevada, Sierra, Yolo, Napa, Sonoma, Sacramento, Placer and El Dorado. ACSRC plans to offer EB-5 capital investment opportunities in affiliated new commercial enterprises, organized as limited partnerships, focusing on projects in the following industry categories:
I. NAICS 7211IO 2. NAICS 236220 3. NAICS 621498
Hotels Construction Outpatient Care Center
The capital investment projects will involve a combination of equity investments and loans to job creating enterprises located within the proposed bounds of the Regional Center.
I. Regional Center
Section 61 0 of the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of I993, Pub. L. 102-395, (8 USC 1I53 note), as amended by Section 402 of the Visa Waiver Permanent Program Act of2000, Pub. L. 106-396, provides:
(a) Of the visas otherwise available under section 2 0 3 (b) ( 5) of the Immigration and Nationality Act (8 U.S.C. II53(b)(5)), the Secretary of State, together with the Attorney General, shall set aside visas for a pilot program to implement the provisions of such section. Such pilot program shall involve a regional center in the United States for the promotion of economic growth, including increased export sales, improved regional productivity, job creation, and increased domestic capital investment.
(b) For purposes of the pilot program established in subsection (a), beginning on October I, 1992, but no later than October I, 1993, the Secretary of State, together with the Attorney General, shall set aside 3000 visas annually for five years to include such aliens as are eligible for admission under section 203 (b) ( 5) of the Immigration and Nationality Act and this section, as well as spouses or children which are eligible, under the .terms of the Immigration and Nationality Act, to accompany or follow to join such aliens.
(c) In determining compliance with section 203(b)(5)(A)(iii) of the Immigration and Nationality Act, and notwithstanding the requirements of 8 CFR 204.6, the Attorney General
1'4
ACSRC, LLC- W0900281 0/RCWI 031910079 Page 3
shall permit aliens admitted under the pilot program described in this section to estabhsh reasonable methodologies for determining the number of jobs created by the pilot program, including such jobs which are estimated to have been created indirectly through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.
The regulation at 8 C.F.R. § 204.6(m) provides:
(3) Requirements for regional centers. Each regional center wishing to participate in the Immigrant Investor Pilot Program shall submit a proposal to the Assistant Commissioner for Adjudications, which:
(i) Clearly describes how the regional center focuses on a geographical region of the United States, and how it will promote economic growth through increased export sales, improved regional productivity, job creation, and increased domestic capital investment;
(ii) Provides in verifiable detail how jobs will be created indirectly through increased exports;
(iii) Provides a detailed statement regarding the amount and source of capital which has been committed to the regional center, as well as a description of the promotional efforts taken and planned by the sponsors of the regional center;
(iv) Contains a detailed prediction regarding the manner in which the regional center will have a positive impact on the regional or national economy in general as reflected by such factors as increased household earnings, greater demand for business services, utihties, maintenance and repair, and construction both within and without the regional center; and
(v) Is supported by economically or statistically vahd forecasting tools, including, but not hmited to, feasibihty studies, analyses of foreign and domestic markets for the goods or services to be exported, and/ or multipher tables.
( 4) Submission of proposals to participate in the Immigrant Investor Pilot Program. On August 24, 1993, the Service will accept proposals from regional centers seeking approval to participate in the Immigrant Investor Pilot Program. Regional centers that have been approved by the Assistant Commissioner for Adjudications will be ehgible to participate in the Immigrant Investor Pilot Program.
(5) Decision to participate in the Immigrant Investor Pilot Program. The Assistant Commissioner for Adjudications shall notify the regional center of his or her decision on the request for approval to participate in the Immigrant Investor Pilot Program, and, if the petition is denied, of the reasons for the denial and of the regional center's right of appeal to the Associate Commissioner for Examinations. Notification of denial and appeal rights, and the procedure for appeal shall be the same as those contained in 8 CFR I 0 3. 3.
(b) (4)
(b) (4)
ACSRC, llC - W090028 10/RCWJ031910079 Page 6
(b)(4)
You may appeal this decision under the provisions of8 C.F.R. § !03.3(a)(2). If you do so, your notice of appeal, and accompanying filing fee of $630 must be received within 30 days from the date of this decision in accordance with the instructions found on Form I-290B (enclosed). Under 8 CFR 103.3(a)(2) . the appeal, with fee, including any supporting documentation or brief, should be filed with this office for forwarding to the Administrative Appeals Office.
If no appeal is flied within the time allowed this decision is final. There is no provision in the regulations to extend the time to file an appeal. An extension of time to file a brief may be granted if good cause is shown.
A request for initial designation as a Regional Center under the Immigrant Investor Pilot Program ("Pilot Program") or an amendment to an existing Regional Center designation, may also involve:
1. A request for review of an exemplar Form I-526, Immigrant Petition by Alien Entrepreneur, prior to the filing of Form I-526 petitions by individual alien entrepreneurs with USCIS and/or;
2. In the case of a Regional Center amendment request, a review of a specific capital investment project where the regional center designation involved a review of an exemplar capital investment project.
It appears that you are requesting initial designation as a Regional Center under the Pilot Program.
Background:
The proposed Regional Center entity, ACSRC, LLC ("ACSRC") was established on July 28, 20 I 0 in California and is structured as a limited liability company ("LLC"). ACSRC is requesting jurisdiction over
a geographic area within the State of California, including the 2 7 contiguous counties of Alameda, Contra
Costa, Solano, Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Plumas, Tehama, Mendocino, Glenn, Butte, Lake, Colusa, Sutter, Yuba, Nevada, Sierra, Yolo, Napa. Sonoma, Sacramento, Placer and El Dorado. ACSRC plans to offer EB-5 capital investment opportunities in affiliated new commercial enterprises, organized as LLCs, focusing on projects in the following industry categories:
I. NAICS 721110 2. NAICS 236220 3. NAICS 621498
Hotels Construction
Outpatient Care Center
The capital investment activities will involve either direct equity investment into a _particular project or loans to the entity located within the proposed bounds of the Regional Center that will develop the project.
Indirect Job Creation (8 CFR 204.6(m)(3)(ii)):
Section 610(c) of the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 1993, as amended, allows aliens admitted under the pilot program described in this
section to establish reasonable methodologies for determining the number of jobs created by the pilot
program, including jobs which are estimated to have been created indirectly through revenues, improved regional productivity, job creation, or increased domestic capital invesonent resulting from the pilot program.
8 CFR 204.6(m) (3) (ii) requires that a Regional Center proposal must provide in verifiable detail how jobs will be created indirectly, while 8 CFR 204.6(m)(3)(v) describes the analytical tools that the Regional Center must employ when making economic and job creation predictions. It is also noted in 8 CFR
2 04.6 ( m) ( 1) in pertinent part that except as provided herein, aliens seeking to obtain immigration benefits under this paragraph
continue to be subject to all conditions and restrictions set forth in section 203(b)(5) of the Act and this section.
ATTACHMENT TO 1-797
-ACSRC, llC Regional Center-RCWl 031910079
Page 4
·-
Alameda, Contra Costa and Sacramento counties were calculated. If they are pro forma projections, provide industry statistics as supporting evidence.
Promotion of Economic Growth within the sele<:ted Geographic Area (8 CFR 204.6(m) (l) (i) ):
A Regional Center's geographic area must be contiguous and clearly delineated. The Regional Center's jurisdiction over a geographic area is different than the geographic area that is a Targeted Employment Area ("TEA") which may be located within the bounds of your Regional Center's jurisdiction. These are two distinct geographic areas and concepts.
Note: For immigrant investors requesting the reduced threshold of$500,000 based upon an investment in a TEA, the immigrant investor must when filing a Form 1-526, establish at the rime of filing that the investment either will be made in a TEA designated area or was made in a TEA designated area at the time of the alien's initial invesonent into the enterprise. TEA determinations are not made within the context of
the adjudication of Regional Center Proposals and thus cannot be relied on w establish TEA eligibility in prospective Form 1-526 petitions.
(b) (4)
Regional or National im~ of the Regional Center (8 CFR 204.6 (m){l)(iv) and 8 CFR 204.6(m)(v) ):
(b) (4)
IT ACHMENT TO 1-797
,.,..,. ~
._) '-' MCADAM & MCCARTHY
A LAW FIRM
JOSEPH C. MCCARTHY. MS JD 1850 Industrial St. #604, Las Angeles. CA 9001 I (213) 405-9714
j me cart hy@ mc2firm. com
SUBMISSION CONTAINS "CONFIDENTIAL COMMERCIAL INFORMATION." PER THE FREEDOM OF
INFORMATION AO,S U.S.C. § 552 (b)(4), SUBMmER REQUESTS PRE-DISCLOSURE NOTIFICATION PER
PRESIDENTIAL EXECUTIVE ORDER NO 12600, 52 FED. REG. 23781 (JUNE 23, 1987)
United States Citizenship and Immigration Service I California Service Center
Attn: EB-5 Regional Center Proposal
24000 Avila Road, 2"d Floor
laguna Niguel, CA 92677
August 23nl, 2011
Sent Via Federal Express
RE: Response to Request for Evidence
ACSRC, LLC Regional Center Proposal (RCW1031910079)
Dear USCIS Adjudication Officer:
I. INTRODUOION
ACSRC, llC. ("Company") respectfully submits the following information and documents in response to
the July 28, 2011 Request for Evidence ("RFE"), for the proposed ACSRC. llC Regional Center ("ACSRC"),
under the EB-5 Immigration Program (8 U.S.C. §1153(b)(5), 8 C.F.R. §204.6), and Immigrant Investor
Pilot Program ("EB-5 Regional Center Program") (hereinafter, the "RFE Response"). 1 This RFE Response
is intended to draw the USCIS Officer's attention to relevant information requested by USCIS in
satisfaction of 8 C.F.R. § 204.6(m). The initial ACSRC application, this RFE Response and all
corresponding exhibits constitute a single, comprehensive submission pursuant to 8 C.F.R. 103.2(b)(11).
A. Jurisdiction
The California Service Center is the USCIS office with appropriate jurisdiction to consider this RFE
Response pursuant to the January 9, 2009 USCIS Memo published in the Federal Register2, 8 C.F.R.
204.6(b) and 8 C.F.R. 216.6(a)(2).
B. Protection of Confidential Commercial Information
This RFE Response and the initial ACSRC application contain "confidential commercial information" that
is entitled to the protections accorded by the Freedom of Information Act, 5 U.S.C. 552 ("FOIA") and
Executive Order No. 12600 (June 1987). Specifically, 5 U.S.C. 552(b)(4) of the FOIA provides that "trade
1 Section 610 Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Act
2 Federal Register: January 9, 2009 (Volume 74, Number 6, pgs 912-913), U.S. Citizenship and Immigration Services (CIS No.
The Company hopes that they have provided a simple, clear, and satisfactory response to USCIS's RFE
requests. They look forward to participating in the Regional Center Pilot Program in 2011 to create
much needed jobs in Northern California .
Kindest Regards,
Joseph McCarthy, MS JD
ACSRC, U.C Rqioual Ceua-1 RFE ~ vi
Exhibit A:
Exhibit 8:
EXHIBITS
Updated Beacon Economic Analysis
Letter from Kevin Wright, lead economist Wright Johnson, explaining the geographic scope of the economic analysis performed for the ACSRC, LLC Regional Center
ACSRC, ILC Regiooal Center I RFE Br.sponse vii
ACSRC. u..c Regional Cenrer I RFE Respome viii
c 0
t+
fl\ BEACON ECONOMICS
This publication was prepared by:
Beacon Economics
Christopher Thornberg, Founding Principal 5777 W Century Blvd., Suite 895 Los Angeles, California 90045 310.571.3399 [email protected]
Alexander Un Beale, Research Associate 1299 Fourth Street, Suite 400 San Rafael, California 94901 415.457.3004 [email protected]
For further information about Beacon Economics, please contact:
Victoria Pike Bond Director of Communications Beacon Economics 415.457.6030 [email protected]
Or visit our website at www.BeaconEcon.com.
Reproduction of this document or any portion therein is prohibited without the expressed written permission of
Beacon Economics is an independent economic research and consulting firm with offices in Los Angeles and the San Francisco Bay Area. We deliver economic analysis and data sites that help our clients make informed, strategic decisions about investment, growth, revenue, policy, and other critical economic and financial issues. Our nationally recognized forecasters were among the first to predict the collapse of the housing market and foretell the onset and depth of the economic downturn that followed. Our core areas of expertise include economic and revenue forecasting, market and industry analysis, economic impact studies, economic policy analysis, and international trade analysis.
To: United States Citizenship & Immigration Services EB-5 Immigration Program 24000 Avilla Rd. 2nd Floor
Laguna Niguel, CA
Re: Regional Analysis of EB-5 Projects I ACSRC, LLC Regional Center
Dear Adjudicator:
In response to the question posed within a Request for Evidence issued on July 28,. 2011 to the (b) (4 )
USCIS has interpreted that while the regional center's EB-5 capital investment acttvlty may produce a legitimate economic benefit outside its formal jurisdictional regional center boundaries, the data set used to esUmate job creation should fit wMtlln the Intended Impact of the capital investment proj8ct. VVhere appropriate, regional data should be used as the basis for a regional center's job <nation analysis in keeping with 8 CFR 204.6(m)(3){1). It is understood that USCIS may not accept statewide data or data from a broader area outside a regional center as suitable for the job aeatlon analysis when regional data is readily available that focuses solely on an RC's geographic area. However, If the prospective impacts of the capital invesbnent project provided In the project's business plan and associated economic analysis Indicate that a broader geographic area should be considered,
205 Worth Avenue, Suite 201, Palm Beach, FL 33480 • www.wrightiohnsonllc.com
Department of Homeland Security U:S. · . Immigration Services
JOSEPH C. MC CARTBY 'MCADJ\M & MCADAM, LAW FIRM ACSRC LLC.REGIONAL CENTER 1850 INDUSTRIAL ST 604 LOS ANGELES CA 900ll
Request for Evidence
IN ............. ,
RETURN TffiS NOTICE ON TOP OF THE REQUESTED INFORMATION LISTED ON THE ATTACHED SHEET.
No(e: Y«tu are given until October. 20, 2011 in which to submit the requested information to the address •t the bottom of this notice.
· Pursuant to 8 C.F.R. 103.2(b)(ll) failure to submit ALL evidence requested at one time may result in the. denial of your appHcation.
For. more.iDfonnation, visit our website at WWW .uscis.gov Or caiius at 1·800-375-5283
Telephone service for the hearing Impaired: 1-800..767-1833
FOJ' "~~~~·Postal Service A ... , .• at&IJC Proposal 240lKfAvllla· Road, ~· Floor Laguna Niguel, cA-92677
CSC3553 WS22126 DIY 3 GM
You will be notifted separately about any other applications or petitions you rued. Save this notice. Please enclose a copy of it if you write to us about this case, or if you me another application based on this decision. Our address is:
USCIS.· CALIFORNIA SJ;RVICE CENTER P.O. BOX 10590 LAGUNA NIGUEL, CA 92687..0S90 800-37S:-5213 RCW103191qo'79 -
Please see additional information on the reverse si~e. Form I-797E (Rev. 05/05/06)
~!!!!·!!!!!!!~!!!!!!!!!!A !!!!!!!t •• c~ . . . . . ·. o· dd.itional Information for AppHcants and Petitioners
General 1be filing of an application or petition does not in itself allow a person to enter or remain in the United States and does not confer any other right or benefit.
Inquiries
If you do not heat ftom us within the processing time given on this notice and you want to know the status of this case, use InfoPass.at 'WlnV.asa..gov to contact your local USCIS office or call our Natio~ Customer Service Center at 1-800-375 -5283.
You should follow the same procedures before contacting your local USCIS office if you have questions about this notice.
Please have ~.form with you whenever you contact a local office about this case.
Requests for Evidence
Ifthis·notice asks for more evidence, you can submit it or you can ask for a decision based ott what you have already filed. When you reply, please include a copy of the other side of this notice and also include any papers attached to this notice.
Reply Period
If this notice indicates that you must reply by a certain date and you do not reply by that date, we will issue a decision based on the evidenee on file. No extension of time will be granted. After we issue a decision, any new evidence must be sub~ with. an~ application or petition, motion or appeal, as discussed under "Denials".
Approval for a Petition
Approval·of an immigrant or ~onimmigrant petition means that the beneficiary, the person for whom it was filed. has been found elip"ble for the requested classification. However, approval of a petition does not give any status or right. Actual status is given when the beneficiary is given the proper visa and uses it to enter the United States. Please contact the appropriate U.S. consulate directly if you have any questions about visa issuance. .
For nonimmigrant petitions, the beneficiary should contact the consulate after receiving our approval notice. For approved immigrant petitions, the beneficiary should wait to be contacted by consulate.
If the beneficiary is now in the United States and believes he or she may be eligible for the new status without going abroad for a visa, he or she should use InfoPass to contact a local USCIS office about applying here.
Denials
A denial means that after every consideration, USCIS concluded that the evidence submitted did not establish eligibility for the requested benefit.
If you believe there is more evidence that will establish eligibility, you can file a new application or petition, or you can file a motion to reopen this case, lfyou believl' the denial is inconsistent with precedent decisions or regulations, you can file a motion for reconsideration.
If the front of this notice states that this denial can be appealed and you believe the decision is in error, you can: file an appeal. You can obtain more informatiOfi about these processes by either using InfoPass to contact your local USCIS o:tifice, or by calling the National Customer Service Center. ·
A request for initial designation as a Regional Center under the Immigrant Investor Pilot Program ("Pilot Program") or an amendment to an existing Regional Center designation, may also involve:
1. A request for review of an exemplar Form I-526, Immigrant Petition by Alien Entrepreneur, prior to the filing of Form I-526 petitions by individual alien entrepreneurs with USCIS and/or;
2. In the case of a Regional Center amendment request, a review of a specific capital investment project where the regional center designation involved a review of an exemplar capital investment project.
It appears that you are requesting initial designation as a Regional Center under the Pilot Program.
Background:
The proposed Regional Center entity, ACSRC, llC ("ACSRC") was established on July 28, 2010 in California and is structured as a limited liability company ("llC"). ACSRC is requesting jurisdiction over a geographic area within the State of California, including the 2 7 contiguous counties of Alameda, Contra Costa, Solano, Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Plumas, Tehama, Mendocino, Glenn, Butte, Lake, Colusa, Sutter, Yuba, Nevada, Sierra, Yolo, Napa, Sonoma, Sacramento, Placer and El Dorado. ACSRC plans to offer EB-5 capital investment opportunities in affiliated new commercial enterprises, organized as LLCs, focusing on projects in the following industry categories:
1. NAICS 72 111 0 2. NAICS 236220 3. NAICS 621498
Hotels Construction Outpatient Care Center
The capital investment activities will involve either direct equity investment into a particular project or loans to the entity located within the proposed bounds of the Regional Center that will develop the project.
Indirect Job Creation (8 CFR 204.6(m) (3) (ii) ):
Section 610 (c) of the Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 1993, as amended, allows aliens admitted under the pilot program described in this section to establish reasonable methodologies for determining the number of jobs created by the pilot program, including jobs which are estimated to have been created indirectly through revenues, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.
8 CFR 204.6(m)(3)(ii) requires that a Regional Center proposal must provide in verifiable detail how jobs
will be created indirectly, while 8 CFR 204.6(m)(3)(v) describes the analytical tools that the Regional Center must employ when making economic and job creation predictions. It is also noted in 8 CFR
2 04.6 ( m) ( 1) in pertinent part that except as provided herein, aliens seeking to obtain immigration benefits under this paragraph continue to be subject to all conditions and restrictions set forth in section 203 (b)( 5) of the Act and this section.
It is important to note that the quality of the prospective job creation estimates provided by an econometric analysis is first and foremost predicated on the quality and reasonableness of the information and
assumptions that are used as the basis for the analysis. Therefore, any business plan, exemplar or actual, provided in support of a Regional Center proposal or amendment must contain sufficient specificity to provide valid and reasoned inputs into the econometric model, if such a model is used to demonstrate job creation for EB-5 purposes. Otherwise, a determination cannot be made that the Regional Center proposal demonstrates in "verifiable detail" that the requisite jobs will be created.
Each immigrant investor must demonstrate at the time of the filing of the Form 1-526 that the job-creating capital investment project is feasible and that it will create the requisite ten jobs within a reasonable time. The immigrant investor must subsequently demonstrate at the filing of the Form I-829, Petition to Remove
Conditions, that the capital investment project approved in the Form 1-526 has been realized in accordance with the business plan that formed the basis for the 1-526 approval, and that as a result the requisite ten jobs either have or will be created within a reasonable time. Therefore, the ability of ACSRC to address the issues regarding the feasibility of each capital investment project, the validity of the economic analysis, and the timing of the EB-5 job creation is critical to the successful removal of the immigrant investor's immigration process.
Promotion of Economic Growth within the selected Geographic Area (8 CFR 204.6(m)(3)(i)):
A Regional Center's geographic area must be contiguous and clearly delineated. The Regional Center's jurisdiction over a geographic area is different than the geographic area that is a Targeted Employment Area ("TEA") which may be located within the bounds of your Regional Center's jurisdiction. These are two distinct geographic areas and concepts.
(b) (4)
Note: For immigrant investors requesting the reduced threshold of $500 ,000 based upon an investment in a TEA, the immigrant investor must when filing a Form 1-526, establish at the time of filing that the investment either will be made in a TEA designated area or was made in a TEA designated area at the time of the alien's initial investment into the enterprise. TEA determinations are not made within the context of the adjudication of Regional Center Proposals and thus cannot be relied on to establish TEA eligibility in prospective Form 1-526 petitions.
Regional or National impact of the Regional Center (8 CFR 204.6 (m)(3) (iv) and 8 CFR 204.6(m) (v) ):
The regulation at 8 CFR 204.6(m) provides, in pertinent pan:
(3) Requirements for regional centers. Each regional center wishing to participate in the Immigrant Investor Pilot Program shall submit a proposal to the Assistant Commissioner for Adjudications, which:
(i) Clearly describes how the regional center focuses on a geographical region of the United States, and how it will promote economic growth through increased export sales, improved regional productivity, job creation, and increased domestic capital investment;
(ii) Provides in verifiable detail how jobs will be created indirectly through increased exports;
(iii) Provides a detailed statement regarding the amoum and source of capital which has been committed to the regional cemer. as well as a description of the promotional efforts taken and planned by the sponsors of the regional center;
(iv) Contains a detailed prediction regarding the manner in which the regional center will have a positive impact on the regional or national economy in general as reflected by such factors as increased household earnings, greater demand for business services, utilities, maintenance and repair, and construction both within and without the regional center; and
(v) Is supported by economically or statistically valid forecasting tools, including, but not limited to, feasibility studies, analyses of foreign and domestic markets for the goods or services to be exported, and/ or multipller tables.
Note that promotina economic arowtb tbrouab incr~ export S4.1es is no lonaer a requiremtnt.
L ll756 2676 1913 Rev Date 1l!iti~Pertli63136~~1994-2010fedh "~INTfO INU SA SAY
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·······--~-----(~
u.s. Department ofHomeland Se~ty usc. hi dlmmi s . .. mzens tpan 1grauon ervtces
Receipt#: RCWI0319I0079 Notice Date Page 4/13/11 I of 7
Joseph C. McCarthy McAdam & McCarthy, A Law Firm 1850 Industrial St #604 Los Angeles, CA 9002 I
IMPORTANT: WHEN YOU HA V1! COMPliED WITH THE INSTRUCTIONS ON THIS FORM. RESUBMIT THIS NOTICB ON TOP OF ALL REQUESTED DOCUMENTS AND /OR. INFOR.MATION TO THE ADDRESS BELOW. THIS OFFICii HAS R.ETAINJID YOUR. PETITION/ APPIJCATIONWITH SUPPORTING DOCUMENTS.
WS22126/CSC3553/DIV III
f Nonce o ACtion
Application/Petition REGIONAL CENTER PROPOSAL
Regional Center ACSRC ll.C -
ACI'ION COMPLETED ., -. ;,·,..., ·~fn.
"' l '''-·· v lA .I I '"" ........ ~
. -JUN ~ ~N~~~5009~
lNIT!~ for Rvicl Ff)[e ' ' · lence
THE INFORMATION R.EQUFSTED BELOW MUST BE R.ECEIVIID BY THIS OFFICE NO LATER. THAN EIGHTYFOUR. (84) DAYS FR.OM THE DATE OF THIS NOTICR. IF YOU DO NOT PR.OVIDE THE REQUESTED DOCUMENTATIONWITHINTHETIMEALLOTTED, YOUR. APPIJCA TION WILL BE CONSIDERED ABANDONJID PUR.SUANTT08C.F.R..103.2(B)(13)AND,ASSUCH, WILL BE DENIED.
RETURN THIS NOTICE ON TOP OF THE REQUESTED INFORMATION LISTED ON THE ATTACHED SHEET.
Note: You are given until ____ 07/ 06/20 ll ____ in which to submit the information requested.
Pursuant to 8 C.F.R.. 1 03.2(b) ( 11) failure to submit ALL evidence requested at one time may result in the denial of your application.
For non-US Postal Service Attn: EB 5 R.C Proposal 24000 Avilla Road. 2nd Floor Laguna. Niguel, CA 92677
AL3100621 f
You will be notified separately about any other applications or petitions you filed. Save a photocopy of this notice. Please enclose a copy ofit if you write to us about this case, or if you file another application based on this decision. Our address is:
U.S. CITIZENSHIP AND IMMIGRATION SERVICES CAliFORNIA SERVICE CENTER. Attn: EB 5 R.C Proposal P.O. BOX 10590 LAGUNA NIGUEL, CA 92607-0526
A request for initial designation as a Regional Center under the Immigrant Investor Pilot Program ("Pilot Program") or an amendment to an existing Regional Center designation, may also involve:
1. A request for review of an exemplar Form 1-526, Immigrant Petition by Alien Entrepreneur, prior
to the filing of Form I-526 petitions by individual allen enrrepreneurs With USCIS and/or; 2. In the case of a Regional Center amendme.nt request, a review of a specific capital investment
project where the regional center designation involved a review of an exemplar capital investment project.
It appears that you are requesting initial designation as a Regional Center under the Pilot Program.
Background:
The proposed Regional Center entity, ACSRC, LLC ("ACSRC") was established on July 28, 20 I 0 in California and is srrucrured as a hmited habihty company ("LLC"). ACSRC is requesting jurisdiction over a geographic area Within the State of California, including the 27 contiguous counties of Alameda, Contra Costa, Solano, Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Plumas, Tehama, Mendocino, Glenn, Butte, Lake, Colusa, Sutter, Yuba, Nevada, Sierra, Yolo, Napa, Sonoma, Sacramento,
Placer and El Dorado. ACSRC plans to offer EB-5 capital investment opportunities in affiliated new commercial enterprises, organized as LLCs, focusing on projects in the following industry categories:
1 . Healthcare Center
2. Real Estate Development 3. Alternative Energy
The capital investment activities Will involve either direct equity investment into a particular project or loans to the entity located within the proposed bounds of the Regional Center that will develop the
project.
Economic Bntity (8 CFR 204.6(e))
(b) (4)
ATTACHMENT TO 1-797
(b) (4)
(b) (4)
(b) (4)
c ACSRC, U.C Regional Center-RCW 10319 10079 Page 6
(b)(4)
Review of the commercial enterprise•s organizational documents
A Regional Center may provide documentation for USCIS to review for EB-5 compliance within a Regional Center proposal, to include:
• Operating Agreements • Partnership Agreements • Subscription Agreements • Escrow Agreements and Instructions (one for capital and one for any service fees). • An Offering Memorandum, Private Placement Memorandum, or similar invesonent offering • Memorandum of Understanding, Interagency Agreement, Contract, Letter of Intent, Advisory
Agreement, or similar agreement to be entered into with any other party, agency or organization to engage in activities on behalf of or in the name of the Regional Center.
• Organizational Documents, such as articles of Incorporation, state registration documents, etc.
Each document submitted should have a version date so the specific version reviewed can be referenced in lhe Regional Center designation approval notice. Having this date memorialized in the approval notice will allow all parties to be aware of the specific version of the documents that users reviewed.
Posting of Regional Center information on the USCIS Web site:
If the Regional Center Proposal is approved, then public contact information relating to the Regional Center
will be posted on the users web site. In order to provide accurate and updated information provide the following, as it relates to the Regional Center:
• Name of the Regional Center
• Public address
• Public Point of Contact
ATTACHMENT TO J.797
c ACSRC,llC Regional Center-RCWI031910079 Page 7
• Phone/Fax • E-mail/Web Page
Regulatory References:
The regulation at 8 CFR 204.6(m) provides, in pertinent part:
(3} Requirements for regional centers. Each regional center wishing to participate in the Immigrant Investor Pilot Program shall submit a proposal to the Assistant Commissioner for Adjudications, which:
(i) Clearly describes how the regional center focuses on a geographical region of the United States, and how it will promote economic growth through increased export sales, improved regional productivity, job creation, and increased domestic capital investment;
(ii) Provides in verifiable detail how jobs will be created indirectly through increased exports;
(iii) Provides a detailed statement regarding the amount and source of capital which has been committed to the regional center, as well as a description of the promotional efforts taken and planned by the sponsors of the regional center;
(iv) Contains a detailed prediction regarding the manner in which the regional center will have a positive impact on the regional or national economy in general as reflected by such factors as increased household earnings, greater demand for business services, utilities, maintenance and repair, and construction both within and without the regional center; and
(v) Is supported by economically or statistically valid forecasting tools, including, but not limited to, feasibility studies, analyses of foreign and domestic markets for the goods or services to be exported, and/ or multiplier tables.
Note that promoting economic growth through increased export sales is no longer a requirement.
ATIACHMI!NT TO I-797
' ~ADAM & MCCARf-Fr'Y
A LAW FIRM
JOSEPH C. MCCARTHY, MS JD P.O. Box 59 Seal Beach, CA 90740 1 (206) 898-0133 I [email protected]
SUBMISSION CONTAINS "CONFIDENTIAL COMMERCIAL INFORMATION." PER THE FREEDOM OF
INFORMATION ACT, 5 U.S.C. § 552 (b)(4), SUBMITTER REQUESTS PRE-DISCLOSURE NOTIFICATION PER
PRESIDENTIAL EXECUTIVE ORDER NO 12600, 52 FED. REG. 23781 (JUNE 23, 1987)
United States Citizenship and Immigration Service I California Service Center
Attn: EB-5 Regional Center Proposal
24000 Avila Road, 2nd Floor
Laguna Niguel, CA 92677
June 18th, 2011
Sent Via Federal Express
RE: Response to Request for Evidence
ACSRC, LLC Regional Center Proposal (RCW1031910079)
Dear USCIS Adjudication Officer:
I. INTRODUCTION
ACSRC, LLC. ("Company") respectfully submits the following information and documents in response to
the April13, 2011 Request for Evidence ("RFE"), for the proposed ACSRC, LLC Regional Center ("ACSRC"),
under the EB-5 Immigration Program (8 U.S.C. §1153(b)(5), 8 C.F.R. §204.6), and Immigrant Investor
Pilot Program ("EB-5 Regional Center Program") (hereinafter, the "RFE Response").1 This RFE Response
is intended to draw the USCIS Officer's attention to relevant information requested by USCIS in
satisfaction of 8 C.F.R. § 204.6(m). The initial ACSRC application, this RFE Response and all
corresponding exhibits constitute a single, comprehensive submission pursuant to 8 C.F.R. 103.2(b)(11).
A. Jurisdiction
The California Service Center is the USCIS office with appropriate jurisdiction to consider this RFE
Response pursuant to the January 9, 2009 USCIS Memo published in the Federal Registe?-, 8 C.F.R.
204.6(b) and 8 C.F.R. 216.6(a)(2).
B. Protection of Confidential Commercial Information
This RFE Response and the initial ACSRC application contain "confidential commercial information" that
is entitled to the protections accorded by the Freedom of Information Act, 5 U.S.C. 552 ("FOIA") and
Executive Order No. 12600 (June 1987). Specifically, 5 U.S.C. 552(b)(4) of the FOIA provides that "trade
1 Section 610 Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Act
2 Federal Register: January 9, 2009 (Volume 74, Number 6, pgs 912-913}, U.S. Citizenship and Immigration Services (CIS No.
2462-QS; DHS Docket No. USCIS-2008-Q076)
ACSRC, U..C Regional Cenler I RFE Response
, .,.,
~ADAM & MCCAR"MrY
A LAW F I RM
secrets and commercial or financial information obtained from a person [that is] privileged or
confidential" are exempt from disclosure under FOIA. In addition, Executive Order No. 12600 requires
the Department of Homeland Security (and, therefore, USCIS) to promulgate regulations that afford pre
disclosure notification procedures for all persons or entities that submit "confidential commercial
information." FOIA defines "confidential commercial information" as "records provided to the
government by a submitter that arguably contain material exempt from release under Exemption 4 of
the Freedom of Information Act ... because disclosure could reasonably be expected to cause substantial
competitive harm."
(b)(4)
ACSRC, U.C Regional Center I RFE Response ii
(b) (4)
(b) (4)
(b) (4)
(b) (4)
~ADAM & MCCART~ A LAW FIRM
VIII. Posting Regional Center Information on the USCIS Website:
Please use the following contact information for the USCIS website:
Name of Regional Center
Public Address
Point of Contact
Phone/Fax
Emaii/Webpage
IX. CONCLUSION
ACS Regional Center, LLC
ACS Regional Center, LLC
11875 Dublin BLVD, SuiteD 271 I Dublin, CA I 94568
Shuyuan Tang and Gary J. Mugg
Phone: (925) 272-Q891 I Fax: (925) 829-9979
The Company hopes that they have provided a simple, clear, and satisfactory response to USCIS's RFE
requests. They look forward to participating in the Regional Center Pilot Program in 2011 to create
much needed jobs in Northern California.
Kindest Regards,
Joseph McCarthy, MS JD
I
ACSRC, lLC Regional Center I RFE Response
vii
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
EXHIBITS
ACSRC Signature Page
Statement of Information for the ACS Regional Center, llC issued by the California Secretary of State, March 11th, 2011
Statement of Information Filing Form listing the Members and Officers of the ACS Regional Center, llC. Filed on March 3rd, 2011
Economic Reports
ill An Economic Analysis of a Wellness Center Project Encompassing the Counties of
Alameda, Contra Costa, San Francisco, San Joaquin, and Santa Clara of the State of
California (Wright Johnson, June 15, 2011).
ill An Economic Analysis of a Hotel Project Encompassing the County of Shasta of the State of California (Wright Johnson, May 13, 2011).
Business Plans
(1) Business Plan for a Wellness Center, Health Innovations, Inc (Heyward, CA)
(2) Business Plan for a Holiday Inn, ACS Hotel Foreign Investment, LP {Redding, CA)
letter from Wells Fargo Bank certifying $150,544.88 in the ACS Regional Center, llC
bank account.
ACSRC, U.C Regional Center I RFE Response viii
ACSRC, U.C Regional Center I RFE Response ix
B K
c ·~ A <C§ Regional Center
An EB-5 Immigration Investments Company
United States Citizenship and Immigration Service I California Service Center Attn: EB-5 Regional Center Proposal 24000 Avila Road, 2"d Floor Laguna Niguel, CA 92677
RE: ACSRC, LLC Proposal
To whom it may concern:
Title 8, Section 103.1(a)(2) requires that an applicant or petitioner must sign his or her application or petition, and that by signing the application or petition, the applicant or petitioner, or parent or guardian certifies under penalty of perjury that the application or petition, and all evidence submitted with it, either at the time of filing or thereafter, is true and correct.
While no specific form is required for a Regional Center proposal, USCIS has declared that the proposal must include a signature of a principal and a point of contact of the proposed Regional Center, generally found on the letter requesting the benefit.
As such, in our respective capacities as a principal and the point of contact for the ACSRC, LLC, we do hereby sign the instant petition for designation as an EB-5 Regional Center under the EB-5 Immigration Program (8 U.S.C. §1153(b)(5), 8 C.F.R. §204.6), and Immigrant Investor Pilot Program (Section 610 of the Department of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriates Act of 1993), Pub. L. 102-395).
Sincerely,
Cheng Shao Principal! ACSRC,
/ ~{ ~cf--:.5/b/:Jo//
Shuyuan Tang Point of Contact I ACSRC, LLC
11875 Dublin Blvd. Suite D271 Dublin, CA 94568 Phone: 925 272-0891 Fax: 925 829-9979
05/04/2011 13:08
~
925-829-9979 .. ,....__ MUGG AND TANG
State of California Secretary of State
STATEMENT OF INFORIIA TION (Umited Liability COmpany)
Piling Fee nG.OO. If amendment. see Instructions. IMPORTANT- READ INSTRUcnONS BEFORE cor..LETlNG nilS FORM
t. ..-rEDUAIIILITV COMPANY~ {""-da nat.,.if._... is~J
ACS Regior'lal Ceoter,lLC
DUE DATE;
Fl.E NUMBER AND STATE OR PLACE OF ORGANIZATION
PAGE 01/01
1.!:..
This Sp- For Filing IJi;e Only
2. 9e~ARY OF STATe FILE N1..1MBER 3. STAn: OR PlACE OF OROANZATION
201036510208 Delawam
COMPLETE ADDRESSES FOR THE FOLL.OWING (Do not abbrevialetfle name of the dly. IIM'IS 4 and 5 cannot be P.O. Boxes.}
4. STRi.IIT ADCF£SS OF PRINCIPAL~ OFFICE CtTY AND STAre ZIP COOl!
11875 Dublin Blvd., SuiteD 271 Dublin, CA 94568
!J. CALIFORNIA OFl'lCe V't'HiiJUii RliCCII«lS AM MAINTAIMOD ~ CIO.YJ !:ITT STATEi ZJPCOCE .. ;
CA NAME AND COIFLETE ADDRESS OF THE CHIEF execunV& OFFICER, IF ANY 6, NAME A!liJRI:SS CIIY AND STATE: l!PCOOE
ChengShao 11875 Dublin Blvd., Suite 0271 Dublin. CA 94568
NAME AND COMPLETE ADDReSS OF ANY MANAGER OR MANAGERS, OR I" NONE HAVE I!IEI!N APPOINTeD OR ELECTED, PROVIDE THE NA.11E AND .ADDflESS OF EACH IIEIIB!R (AUach l!ddilional pages, ifnBall!iSIIry.) 7. NAME ADDRESS CITY N1D STATe ZIP CODE
Heirloom Properties, Inc. 11875 Dublin Blvd., Suite 0271 Dublil'l, CA 94568 8. NAMe AOO~S CITY IIHO ST,ATE 1JI>COOE
Mugg & Tang, LLP 11875 Dublin Blvd., Suite 0271 Dublin, CA 94568 II. NAME AtiOMl$$ CITY AND STAle ZIP COtli!
AGENT FOR SERVICE OF PROCESS (If the agent isllfl indM<IWI, v. -aant must r8Sida 1n Califomla and Item 11 rnu11t ba complallld with a Califo!rlis addi'ISS. If 1he agent is a oorpomlion, the agent must llhe on Ire lllitn 1119 California Secrelary of smtB a Q!!ll:ilit'.af.Q fiiJiliUlUlliD CorporatiOns Code 8llll;lion 1SOS 1!111(1..., 11muat be laft blank.)
10. N.o.JE OF AGeNt' FOR SER\IlCE. OF PROCESS
GaryJ. Mugg 11. ACOIES$ OF AGENT FOR SER\IICE OF PROCESS IN CAliFORNIA, IF AN INDMDUAL CITY $'tATE ZIPCOOE
11875 Dublin Blvd., Suite 0 271 Dublin CA 94568
TYPE OF BUSINESS 12, DESCRIBE n£ TYPE OF BUSINESS OF THE UMI11iD LW!IIJ1Y COMPANY
EB5 Regional Cenler
13. n£ INFORMATION CONTI\It£0 HERBN IS TRUE Af'l) ~.
GaryJ Mugg ~ ~ Agent 03/1112011 TYl"'i OR PRINT NAMfi Ott Pf!RSON COMPU!l'ING 1l£ FORM ....... OVIIJJrVVV lTTlE DATE
U.C-12 (REV 0312007) ~BV SECRETARY OF STATE
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AN lNOMOUAL REStoiNG !N CAUFORNIA
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GARY MlDOLE J
COUNTRY UNIT EO STATES
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A CORPORATION WHICH HAS FILED A CERTIFICATE PURSUANT TO CALIFORNIA CORPORATIONS COOt SECTION 1505.
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WRIGHT JOHNSON professional authors and analysts
An Economic Analysis of a Wellness Center Project Encompassing the Counties of Alameda,
Contra Costa, San Francisco, San Joaquin, and Santa Clara of the State of California
3.0 FINANCIAl ..................................................................................................................... 17 3.1 Genera1.. .............................................................................................................................................................................. 17 3.2 Investment Summary ................................................................................................................................................... 17 3.3 Project Timeline .............................................................................................................................................................. 17 3.4 Sources of Proceeds ...................................................................................................................................................... 18 3.5 Use of Proceeds ............................................................................................................................................................... 19 3.6 Return on Investment .................................................................................................................................................. 20 3.7 Foreign Investor Return on lnvestment ............................................................................................................... 21
4.0 EMPLOYMENT AND STAFFING ........................................................................................ 22 4.1 Project Job Creation ...................................................................................................................................................... 22 4.2 Direct Employment Descriptions- year two ...................................................................................................... 23 4.31nvestmentvs. Job Creation ....................................................................................................................................... 27
5.0 PATH OF EB-5 FUNDS TO JOB CREATION ......................................................................... 28
6.0 MANAGEMENT .............................................................................................................. 29 6.1 ACS RC Management ..................................................................................................................................................... 29 6.2 Health Innovations, LP Management ..................................................................................................................... 30 6.3 Material Relationships and Contracts .................................................................................................................... 33
7.0 HEAlTH CARE INDUSTRY IN GENERAL ............................................................................ 34 7.1 Market Analysis .............................................................................................................................................................. 34 7.2 Competitive Analysis .................................................................................................................................................... 35 7.3 Marketing Strategy ........................................................................................................................................................ 36 7.4 The Surgical Center Market ....................................................................................................................................... 37
NOTICE The information presented in this document is highly sensitive and confidential and is presented for investment purposes only. This Confidential Business Review and the information presented is confidential and no part of it shall be disclosed to others except as authorized by the prior written consent of ACS Hotels. This Confidential Business Review cannot be reproduced, in whole or in part, or used in any other manner without the prior written consent of ACS Hotels.
The information contained in this confidential business review is being presented to give investors a thorough understanding of the Project known as the Redding Hotel Project.
The contact address of ACS Regional Center is 11875 Dublin Blvd., Suite 027 I, Dublin, CA 94568. The contact phone number is (925) 272-0891, and the fax number is (925) 829-9979.
ACS RC I ACS Hotels LLC (Redding Hotel Project) Confidential Business Review 5/15/201 1
·~''""'"""~-4---·-~--------------------
c TABLE OF CONTENTS
1.0 EXECUTIVE SUMMARY .................................................................................................................................. 4 1.1 DESCRIPTION OF THE COMPANY ................................................................................................................................... 5
2.2 OTHER DEFINITIONS ..................................................................................................................................................... 10
3.0 HOTEL PROJECT ........................................................................................................................................... 13
3.3 HOTEL PROJECT SITE .................................................................................................................................................... 14
4.0 FINANCIAL ............................................. ., ........................................................................................................ 18 4.1 GENERAL ......................................................................................................................................................................... 18
4.2 INVESTMENT SUMMARY ............................................................................................................................................... 18 4.3 INVESTMENT TIMELINE ................................................................................................................................................ 18 4.4 SOURCES OF PROCEEDS. ................................................................................................................................................ 19 4.5 USE OF PROCEEDS .......................................................................................................................................................... 20 4.6 RETURN ON INVESTMENT ............................................................................................................................................ 21 4.7 FOREIGN INVESTOR RETURN ON INVESTMENT ........................................................................................................ 22 4.8 METHOD OF FINANCING ............................................................................................................................................... 22 4. 9 CAUTIONARY STATEMENTS REGARDING PROJECTIONS .......................................................................................... 24
5.0 EMPLOYMENT AND STAFFING ................................................................................................................ 26 5.1 DIRECT EMPLOYMENT DESCRIPTIONS ....................................................................................................................... 26 5.21NDUSTRY EMPLOYMENT ESTIMATES ........................................................................................................................ 27
6.0 PATH OF EB-5 FUNDS TO JOB CREATION ............................................................................................ 30
8.0 PARTNERSHIP INFORMATION ................................................................................................................ 33 8.1 OFFICE OF THE PARTNERSHIP ..................................................................................................................................... 33
8.2 STRUCTURE OF THE PARTNERSHIP ............................................................................................................................. 33
8.3 ADVANTAGES OF A LIMITED PARTNERSHIP .............................................................................................................. 33
8.4 FLEXIBLE PROFIT DISTRIBUTION ................................................................................................................................ 34
8. 5 KEY FEATURES ............................................................................................................................................................... 34
ACS RC I ACS Hotels LLC (Redding Hotel Project) Confidential Business Review 5115/2011
2
, s t
c 9.0 HOTEL INDUSTRY IN GENERAL ................. -. .......................................................................................... 35
9.1 DEMOGRAPHICS OF THE PROJECT SITE ...................................................................................................................... 35 9.2 SENIOR CARE IN REDDING, CA .................................................................................................................................... 35
10 REGIONAL INFORMATION ......................................................................................................................... 38 10.1 CALIFORNIA .................................................................................................................................................................. 38 10.2 REDDING,CA ............................................................................................................................................................... 42
11.0 EB-S INVESTOR AND REGIONAL CENTER INFORMATION .......................................................... 46 11.1 REGIONALCENTERS ................................................................................................................................................... 46 11.2 IMMIGRANT INVESTORS: TWO CHOICES, ONE GOAL ............................................................................................ 46 11.3 WHAT IS THE MINIMUM INVESTMENT? .................................................................................................................. 4 7 11.4 JOB CREATION REQUIREMENT .................................................................................................................................. 47 11.5 ROLE OF FOREIGN INVESTORS AS LIMITED PARTNERS ........................................................................................ 47 11.6 POTENTIAL INVESTMENT HURDLES & RISK MITIGATION ................................................................................... 48 11.7 QUALIFYING FOR GREEN CARD STATUS .................................................................................................................. 49
ACS RC I ACS Hotels LLC (Redding Hotel Project) Confidential Business Review 5/15/2011
U.S. Department of Homeland Se~ u c b. di · · s~ .s. Itizens 1p an nurugratmn s
Reccipt#: RCVV1031910079 Notice Date 4/13/11
Joseph C. McCarthy McAdam & McCarthy, A Law Firm 1850 Industrial St #604 Los Angeles, CA 90021
Page 1 of 7
IMPORTANT: WHEN YOU HAVE COMPLIED WITH THE INSTRUCTIONS ON THIS FORM, RESUBMIT THIS NOTICE ON TOP OF ALL REQUESTED DOCUMENTS AND /OR INFORMATION TO THE ADDRESS BELOW. THIS OFFICE HAS RETAINED YOUR PETITION/ APPLICATION WITH SUPPORTING DOCUMENTS.
VVS22126/CSC3553/DIV III
N . fA • once o ctton
Application/Petition REGIONAL CENTER PROPOSAL
Regional Center ACSRC LLC
Request for Evidence
THE INFORMATION REQUESTED BELOW MUST BE RECEIVED BY THIS OFFICE NO LATER THAN EIGHTYFOUR (84) DAYS FROM THE DATE OF THIS NOTICE. IF YOU DO NOT PROVIDE THE REQUESTED DOCUMENTATION WITHIN THE TIMEALLOTTEI), YOUR APPLICATION WILL BE CONSIDERED ABANDONED PURSUANTT08C.F.R.l03.2(B)(13)AND,ASSUCH, WILL BE DENIED.
RETURN THIS NOTICE ON TOP OF THE REQUESTED INFORMATION LISTED ON THE ATTACHED SHEET.
Note: You are given until ____ 0.7 /06/20ll ____ in which to submit the information requested.
Pursuant to 8·C.F.R. 1 03.2(b) (11) failure to submit ALL evidence requested at one time may result in the denial of your application.
For non-US Postal Service Attn: EB 5 RC Proposal 24000 Avilla Road, 2nd Floor Laguna Niguel, CA 92677
COPY You will be notified separately about any other applications or petitions you filed. Save a photocopy of this notice. Please enclose a copy ofit if you write to us about this case, or if you file another application based on this decision. Our address is:
U.S. CITIZENSHIP AND IMMIGRATION SERVICES CAUFORNIA SERVICE CENTER Attn: EB 5 RC Proposal P.O. BOX 10590 LAGUNA NIGUEL, CA 92607-0526
Form I-797 (8/06)
11111111111111 RCW1 031910079
Please see additional information on the back.
Addition
General.
The filing of an application or petition does not in itself allow a person to enter or remain in the United States and does not confer any other right or benefit.
Inquiries.
If you do not hear from us within the processing time given on this notice and you want to know the' status of this case, use Info Pass at www.uscis.gov to contact your local USCIS office or call our National Customer Service Center at 1-800-375-5283.
You should follow the same procedures before contacting your local USCIS office if you have questions about this notice.
Please have this form with you whenever you contact a local office about this case.
Requests for Evidence.
If this notice asks for more evidence, you can submit it or you can ask for a decision based on what you have already filed. When you reply, please include a copy of the other side of this notice and also include any papers attached to this notice.
Reply Period.
If this notice indicates that you must reply by a certain date and you do not reply by that date, we will issue a decision based on the evidence on file. No extension of time will be granted. After we issue a decision, any new evidence must be submitted with a new application or petition, motion or appeal, as discussed under "Denials".
"\.J' ,,,jj<!'!' .:)'/' •... '
Approval for a P·~ V ·~.~· Approval of an immigrant or nonimmigrant petition means that
. the beneficiary, the person for whom it was filed, has been found eligible for the requested classification. However, approval of a petition does not give any status or right. Actual status is given when the beneficiary is given the proper visa and uses it to enter the United States. Please contact the appropriate U.S. consulate directly if you have any questions about visa issuance.
For nonimmigrant petitions, the beneficiary should contact the consulate after receiving our approval notice. For approved immigrant petitions, the beneficiary should wait to be contacted by consulate.
If the beneficiary is now in the United States and believes he or she may be eligible for the new status without going abroad for a visa, he or she should use InfoPass to contact a local USCIS oftice about applying here.
G:D' U.S. GOVERNMENT PAINTING OFFICE: 2008--351-113
Denials.
A denial means that after every consideration, USCIS concluded that the evidence submitted did not establish eligibility for the requested benefit.
If you believe there is more evidence that will establish eligibility, you can file a new application or petition, or you can file a motion to reopen this case. If you believe the denial is inconsistent with precedent decisions or regulations, you can file a motion for reconsideration.
If the front of this notice states that this denial can be appealed and you believe the decision is in error, you can file an appeal.
You can obtain more information about these processes by either using InfoPass to contact your local USCIS office, or by calling the National Customer Service Center.
Form I-797E (Rev. 05/05/06) Page 2
c ACSRC, llC Regional Center-RCW 1031910079 Page 2
A request for initial designation as a Regional Center under the Immigrant Investor Pilot Program ("Pilot Program") or an amendment to an existing Regional Center designation, may also involve:
1. A request for review of an exemplar Form I-526, Immigrant Petition by Alien Entrepreneur, prior to the filing of Form I-526 petitions by individual alien entrepreneurs with USCIS and/or;
2. In the case of a Regional Center amendment request, a review of a specific capital investment project where the regional center designation involved a review of an exemplar capital investment project.
It appears that you are requesting initial designation as a Regional Center under the Pilot Program.
Background:
The proposed Regional Center entity, ACSRC, UC ("ACSRC") was established on July 28, 2010 in California and is structured as a limited liability company ("UC"). ACSRC is requesting jurisdiction over a geographic area within the State of California, including the 2 7 contiguous counties of Alameda, Contra Costa, Solano, Del Norte, Siskiyou, Modoc, Humboldt, Trinity, Shasta, Lassen, Plumas, Tehama, Mendocino, Glenn, Butte, Lake, Colusa, Sutter, Yuba, Nevada, Sierra, Yolo, Napa, Sonoma, Sacramento, Placer and El Dorado. ACSRC plans to offer EB-5 capital investment opportunities in affiliated new commercial enterprises, organized as llCs, focusing on projects in the following industry categories:
1. Healthcare Center 2. Real Estate Development 3. Alternative Energy
The capital investment activities will involve either direct equity investment into a particular project or loans to the entity located within the proposed bounds of the Regional Center that will develop the project.
Review of the commercial enterprise's organizational documents
A Regional Center may provide documentation for USCIS to review for EB-5 compliance within a Regional Center proposal, to include:
• Operating Agreements • Partnership Agreements
• Subscription Agreements • Escrow Agreements and Instructions (one for capital and one for any service fees). • An Offering Memorandum, Private Placement Memorandum, or similar invesnnent offering • Memorandum of Understanding, Interagency Agreement, Contract, Letter of Intent, Advisory
Agreement, or similar agreement to be entered into with any other party, agency or organization to engage in activities on behalf of or in the name of the Regional Center.
• Organizational Documents, such as articles of Incorporation, state registration documents, etc.
Each document submitted should have a version date so the specific version reviewed can be referenced in the Regional Center designation approval notice. Having this date memorialized in the approval notice will allow all parties to be aware of the specific version of the documents that USCIS reviewed.
Posting of Regional Center information on the USCIS Web site:
If the Regional Center Proposal is approved, then public contact information relating to the Regional Center will be posted on the USCIS web site. In order to provide accurate and updated information provide the
following, as it relates to the Regional Center:
• Name of the Regional Center • Public address • Public Point of Contact
ATIACHMENTTO l-797
ACSRC, LLC Regional Center-RCWl 031910079 Page 7
• Phone/Fax • E-mail/Web Page
Regulatory References:
The regulation at 8 CFR 204.6(m) provides, in pertinent part:
"I
(3) Requirements for regional centers. Each regional center wishing to participate in the Immigrant Investor Pilot Program shall submit a proposal to the Assistant Commissioner for Adjudications, which:
(i) Clearly describes how the regional center focuses on a geographical region of the United States, and how it will promote economic growth through increased export sales, improved regional productivity, job creation, and increased domestic capital investment;
(ii) Provides in verifiable detail how jobs will be created indirectly through increased exports;
(iii) Provides a detailed statement regarding the amount and source of capital which has been committed to the regional center, as well as a description of the promotional efforts taken and planned by the sponsors of the regional center;
(iv) Contains a detailed prediction regarding the manner in which the regional center will have a positive impact on the regional or national economy in general as reflected by such factors as increased household earnings, greater demand for business services, utilities, maintenance and repair, and construction both within and without the regional center; and
(v) Is supported by economically or statistically valid forecasting tools, including, but not limited to, feasibility studies, analyses of foreign and domestic markets for the goods or services to be exported, and/ or multiplier tables.
Note that promoting economic growth through increased export sales is no longer a requirement.
Form: 1924 Receipt: RCW1031910079 Status: APPROVAL NOTICE SENT
Received Date: 10/26/2010
Information About Principal of the Regional Center
Last Name: SHUYUAN Middle Name: First Name: TANG
C/0:
Street Address/P.O. Box: 11875 DUBLIN BLVD Suite: D 271
City: DUBLIN State: CA Zip Code: 94568
Date of Birth:
Application Type: A Regional Center ID: ID1031910079
Signed: Y
G28 Information
Last Name: McCarthy Middle Name: C. First Name: Joseph
Firm Name: McAdam & McCarthy, A Law Firm
Street Address/P.O. Box: 1850 Industrial St #604
City: Los Angeles State: CA Zip Code: 90021
Action APPROVAL NOTICE SENT APPROVED/NOTICE ORDERED
16:17:21 REOPENED OR RECONSIDERED ON SERVICE MOTION WITH 16:14:45 DATA CHANGED IN RECORD 09:16:13 DATA CHANGED IN RECORD ggeberli 09:16:12 DATA CHANGED IN RECORD ggeber1i 09:16:11 DATA CHANGED IN RECORD ggeberli 14:31:44 DATA CHANGED IN RECORD ble 14:31:42 DATA CHANGED IN RECORD ble 14:31:41 DATA CHANGED IN RECORD ble 15:44:19 DATA CHANGED IN RECORD egarcia2 08:02:17 DENIAL NOTICE SENT gmendoza 08:01 :25 NOTICE OF INTENT TO DENY SENT gmendoza 14:18:40 DENIAL NOTICE ORDERED ble 22:07:48 RESPONSE TO REQUEST NOTICE TO APPLICATION/PETITION RECEIVED ajhughs
07:38:29 REQUEST FOR ADDITIONAL EVIDENCE SENT INITIAL AND ADDITIONAL EVIDENCE REQUESTED NOTICE ORDERED
20:42:28 RESPONSE TO REQUEST NOTI 14:20:31 REQUEST FOR ADDITIONAL EVIDENCE SENT 09:55:09 INITIAL AND ADDITIONAL EVIDENCE REQUESTED NOTICE ORDERED 09:53:50 DATA CHANGED IN RECORD 09:00:00 RECEIVED - FEE COLLECTED ELSEWHERE
Subject: RE: Pre-1-924 Draft Approval Review: RCW1031910079/ACSRC, LLC Regional Center
Hi Bich,
This one is good to go.
Thanks,
Sash a
From: Le, Bich Sent: Wednesday, November 16,2011 12:10 PM To: Haskell, Alexandra P Subject: FW: Pre-I-924 Draft Approval Review: RCW1031910079/ACSRC, LLC Regional Center Importance: High
Sash a
Page 1 of 1
Per you instructions I am sending a copy of this RCW approval letter for confirmation that it is ok to send out. Please let me know at your earliest convenience so we can get these old cases out. Thank you for your time.
Bich Le
From: Eberling, George Sent: Wednesday, November 16,2011 9:44AM To: Goto, Blake K Cc: Le, Bich Subject: Pre-1-924 Draft Approval Review: RCWI 031910079/ ACSRC, LLC Regional Center Importance: High
Blake,
I reviewed Bich's draft approval for ACSRC LLC Regional Center. I agree with Bich's decision and made a few edits. He can approve the MTR filed in response to the denial issued on September 22, 20 11 for regional or national impact. I've updated I CLAIMS to reflect the new geographic area and industry categories & NAICS codes. Please see the attachment. Bich can forward this draft approval to SCOPS for concurrence.
I reviewed Bich's draft approval for ACSRC LLC Regional Center. I agree with Bich's decision and made a few edits. He can approve the MTR filed in response to the denial issued on September 22, 2011 for regional or national impact. I've updated !CLAIMS to reflect the new geographic area and industry categories & NAICS codes. Please see the attachment. Bich can forward this draft approval to SCOPS for concurrence.
Request for Designation as a Regional Center Shuyuan Tang
ACS Regional Center
0 U.S. Department of Homeland Security 24000 Avila Road, 2nd Floor Laguna Niguel, CA 92677
U.S. Citizenship and Immigration Services
RCW1031910079/ID 103191 0079/Formerly W09002810
Pursuant to Section 610 of the Appropriations Act of 1993, as amended, on October 26, 2010, ACSRC, LLC submitted a proposal seeking approval and designation by U.S. Citizenship and Immigration Services (USCIS) of the ACSRC Regional Center.
USCIS hereby designates ACSRC, LLC as a Regional Center within the Immigrant Investor Pilot Program and approves the request as described below:
TIUe~V·S e.;tE.rJ GEOGRAPHIC AREA:
at The ACSRC Regional Center shall have a geographic )COpe whi9h includes the follO.Tng twenty--seven (27) contiguous coun}ies in the State of California: Al~da, Contr! Costa,$olano, Del ~one, SislWyou, Mohc, HumMldt, Trinl'ty, sh/sr. Las~If. Plunfas./Tehafua, Mendocino, Glertn, Butte, Lal<e, Colusa, SuKer, Ylfba, Nev~a. Si~ra, Yctfo, Napa, Sonl!6ma, Sacr<fmento, Plifer and El DJrado.
1 s~ ~"~ giMI{,.,C/IfiMV FOCUS OF INVESTMENT ACTIVITY: .
5 """"- ~ "~ As depicted in the economic model, the general proposal, business plan and associated economic analysis, the Regional Center will engage in the following economic activity: loans to 3rd party enterprises.
The Regional Center shall focus on offering EB-5 compliant capital investment opportunities into new commercial enterprises in the following three target industry economic categories:
If I I 0/btA.-Note: If any investment opportunities arise that are beyond the scope of the approved industry categories, then an amendment would be required to add that category.
www.uscis.gov
c ACSRC, LLC/ RCW 1031910079/ID 1031910079/FormerlyW09002810 Page 2
Aliens seeking immigrant visas through the Immigrant Investor Pilot Program may file individual petitions with USCIS for capital investments in new commercial enterprises located within and affiliated with the approved Regional Center area.
For any alien requesting the reduced threshold of $500,000 based upon an investment in a Targeted Employment area, the alien must establish at the time of filing of the 1-526 petition that either the investment will be made in a TEA designated area or was made in a TEA designated area at the time of the alien's initial investment into the enterprise.
EMPLOYMENT CREATION
Immigrant investors who file petitions for capital investments in new commercial enterprises located within and affiliated with the Regional Center area must fulfill all of the requirements set forth in INA 203 (b) (5), 8 CFR 204.6, and 8 CFR 216.6, except that the petition need not show that the new commercial enterprises created ten new jobs directly as a result of the immigrant investor's investment. The determination whether the alien investor has met the job creation requirements will be established by a review of the required initial evidence at 8 CFR 204.6(j) and 8 CFR 216.6(a)(4) for the Form 1-526 and Form 1-829 petitions, respectively. The capital investment and job creation activities outlined in the individual petitions must fall within the bounds of the final economic analysis that is contained as part of the approved Regional Center proposal and its indirect job creation model and multipliers contained within the final approved Regional Center application package. The immigrant investor must show at the time of removal of conditions that they performed the activities described in Form 1-526 petition, and the activities must be based on the approved regional center methodology for demonstrating job creation.
The regional center has identified IMPlAN input/ output model to establish indirect job creation. The indirect job creation methodology must be submitted with each Form I-526 petition, and must indicate the number of jobs that will be created as a result of the capital investment.
In addition, where job creation is claimed based on multipliers rooted in construction expenditures and direct employment at hotels and revenues of outpatient care centers, the immigrant investor's individual I-526 petition affiliated with your Regional Center, should include as supporting evidence:
• A comprehensive detailed business plan with supporting financial, marketing and related data and analysis providing a reasonable basis for projecting creation of indirect and/ or induced jobs to be achieved/realized within two years pursuant to 8 CFR 204.6(j)(4)(B) and reasonable methodologies pursuant to 8 CFR 204.6(m)(7)(ii).
An alien investor's 1-829 petition to remove the conditions which was based on an I-526 petition approval that involved the creation of new indirect jobs based on multipliers mentioned above, needs to be supported by evidence showing that funds were expended in hard construction costs and proof of direct employment at hotels and revenues of outpatient care centers. Such evidence may include reasonable methodologies like multiplier tables, feasibility studies, and other economically or statistically valid forecasting devices which indicate the likelihood that the alien's investment has resulted in increased employment.
Additional Guidelines for individual ImmijUant Investors Visa Petition (I-526)
Each individual petition, in order to demonstrate that it is associated with the Regional Center, in conjunction with addressing all the requirements for an individual immigrant investor petition, shall also contain as supporting evidence relating to this Regional Center designation, the following:
1. A copy of this letter, the Regional Center approval and designation.
2. A copy of the Regional Center narrative proposal and relevant business plan.
• c ACSRC, LLC/ RCW I 03I9I 00 79 /ID I 0319I 0079 /Formerly W0900281 0 Page 3
3. A copy of the job creation methodology required in 8 CFR 204.6(j)(4)(iii), as contained in the final Regional Center economic analysis which has been approved by USCIS, which reflects that investment by an individual immigrant investor will create not fewer than ten (I 0) full-time employment positions, either directly or indirectly, per immigrant investor. If the approval of the plan for capital investments in a given industry economic category is based upon an exemplar capital investment project, then the immigrant investor petition must also be supported by an analysis and evidence that shows that the actual capital investment in the Form 1-526 petition comports to the exemplar capital investment project approved in the regional center designation and that it is otherwise EB-5 compliant.
4. A legally executed copy of the USCIS approved documents for Health Innovations, LP:
a. Private Placement Memorandum b. Subscription Agreement c. Escrow Agreement d. Limited Partnership Agreement
\Sample submitted Aprilll, 201I~ \Sample submitted April 1 , 20 II~ {Sample submitted April I , 2 0 I 1) (Sample submitted October 22, 2010)
DESIGNEE•s RESPONSIBIUTIES INHERENT IN CONDUCT OF THE REGIONAL CENTER:
The law, as reflected in the regulations at 8 CFR 204.6(m) (6), requires that an approved Regional Center in order to maintain the validity of its approval and designation must continue to meet the statutory requirements of the Immigrant Investor Pilot Program by serving the purpose of promoting economic growth, including increased export sales (where applicable), improved regional productivity, job creation, and increased domestic capital investment. Therefore, in order for USCIS to determine whether your Regional Center is in compliance with the above cited regulation, and in order to continue to operate as a USCIS approved and designated Regional Center, your administration, oversight, and management of your Regional Center shall be such as to monitor all investment activities under the sponsorship of your Regional Center and to maintain records, data and information in order to provide the information required on the Form I-924A supplement. Form I-924A, Supplement to Form 1-924 is available in the "Forms" section on the USCIS website at www.uscis.gov.
Effective November 23, 2010, the failure to timely file a Form I-924A Supplement for each fiscal years in which the regional center has been designated for participation in the Immigrant Investor Pilot Program will result in the issuance of an intent to terminate the participation of the regional center in the Pilot Program, which may ultimately result in the termination of the approval and designation of the regional center.
Note: The requirement for the filing of Form I-924A Supplement commences in fiscal year 2011. Each regional center that remains designated for participation in the pilot program as of September 3 0, 2 0 11 must submit the Form I-924A Supplement with the required supporting documentation on or before December 29, 2011.
If you have any questions concerning the Regional Center approval and designation under the Immigrant Investor Pilot Program, please contact the USCIS by Email at [email protected].
Sincerely,
Rosemary Langley Melville Director California Service Center
cc: Joseph C. McCarthy, Esq.
,-.~----------------------:-----
( o(u; (to D
Officer Name: Bich Le Officer Stamp # : 3553
e: I-924
0 Pending Name Check
0 Abandonment
0 Withdrawal
Initials/Date:
0 Appeal
0 Certified Decision
Process in
0 RFE Additional 0 Auto-terminate
0 RFE Initial & Additional 0 Auto-revocation
o30 {1-539 only) o84 0 Relocate
0 ITR
DCFDO Shelf
DPre DPost
1-129 PP Processing H-1B CAPo Master CAPo
Officer Prepares · or Completes (Notice Ordered) RFE/30/42/84 ITD/30 ITR/30
Clerical/Officer Completes Final Action (Notice Sent)
DUPLICATE PETITION INCLUDED: DYES ONO
SKELETAL DENIAL: 0 Petition filed after 6117/07 and C3 verified (no other petition filed on the same day with evidence) 0 I-130 filed <2 years from adjudication date 0 Not from Haiti/Cuba/Iraq/Japan ACD Concur
I made a couple of edits. I really like the way that you highlighted the fact that they can refile if they choose. It appears since the only ground for denial is the (b) (4)
Thanks,
Sash a
From: Le, Bich Sent: Tuesday, September 20, 201111:52 AM To: Haskell, Alexandra P Subject: Review of denial of case RCW 10 319 10079
Sasha,
Please review the attached denial to see if it's OK to send out. Please let me know at your earliest convenience so we can get these old cases out. Thank you for your time.
Bich Le
1/2011
Untitled c . '. 4 •
Name of Other Agent:
Street Address/P .0. Box:
Street Address 2:
City: State: Zip Code:
Web Site: E-Mail: Fax: Telephone Number:
Contact Information
Last Name: Tang Middle Name: First Name: Shunyuan
Street Address/P.O. Box: 11875 Dublin Blvd, Suite D271
Address 2:
City: Dublin State: CA Zip Code: 94568
Page 2 of 3
Geographic Area of the Regional Center Alameda, Contra Costa, Solano, Del r Description: Modoc, Humboldt, Trinity, Shasta, La
Tehama, Mendocino, Glenn, Butte, Lc Sutter, Yuba, Nevada, Sierra, Yolo, N Sacramento, Placer And El Dorado Cc
G28 Information
Last Name: McCarthy Middle Name: C. First Name: Joseph
