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HomeMy WebLinkAbout080Pleasant Harbor Exhibit A Regional Center Approval Letter PLEASANT HARBOR MARINA AND GOLF RESORT PROJECT Sponsored by Puget Sound RC, LLC EXHIBIT A REGIONAL CENTER APPROVAL LETTER LtzACTUAL BUSINESS PLAN Exhibits U.8. Dcpartuieut of Eomelanil Securlty 24000 Avila Road, 2d Floor LagunaNiguet, CA 92677 @ffiffiHr"" Date: SEP 16 208 Alana }vlann Puget Sound RC, LLC 9300 E. Rainnee Dr., Suite i00 Smttsdale, AZ 85260 Application;Form I-924, Applicatioo for Regional Center Under the Immigrant lavestor Pilot Program Applicant:Alana lvlaon Re:Initial Re$onal Center Designation Puget Sound RC, LLC RCW12 r92 50703 / RC ID1219250703 This notice is in reference to the Form I-924, Applicatioo for Regional Center Uuder the Immigrant Investor Pilot hogram that was Iiled by the applicant with the U.S. Citizenship and Immigration Servlces ("USCiS") on July 10, 2012. The Form I-924 application was ftIed to request approval of initial regional center designation under the Immigrant Investor Program. The Immigrant Investor Program was establtshed under g 610 of the Department of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act of 1993 (Pub. L. 102-395, Oct. 6, 1992, 106 Stat. 1874). I. Erecutive Summarv of Adiudication Effective the date of this notice, USCIS approves the Form I-924 request to designate Puget Sound RC, IIC as a qualifying participant in the Immtgrant Investor Progpam. II. Regioual Center Desigpatiorl USCIS approves the applcant's request to focrrs, promote economic growth, and offer capital investrrent opporrunities tn the ficllowing geographic area and industry categories: www.uoclsgov Pnget Sound RC, LLC / RCW12 192 50703 / IJ;-1219250703 Page 2 A. GeographicArea Note: Pursuant to tle Policy Memorandurn on EB-5 Adiudications Policy (PM-602-0083), an ameadment reguest is not reguired if investment oppornuities arise outside the geographic area referenced above. USCIS will evaluate eligibility upon the filing of an initial Form I-526 related to that new inveshaent opportudty. B. Industry Categories Note hrsuant to the Policy Memorandum on EB-S Adju&cations Pohcy (pM-602-0083), an amendmeut request is not required if iuvesurent oppomrnities arlse outside the indusuy categories refereuced above. USCIS will evaluate eligibility upon the ftling of an iaitial Forrn I-526 rdated !o tbat new investrnent opportuniry. III. Iob C.:reatipp. USCIS approves the geographic area and industry categories noted above based on the economic impact analysis presented and reviewed i:l coniunction with the adiu&cation of tbls regional ceater proposal. The hypothetical project tbat was presented with the application does not have the faaual detatls necessary to be in compliance with the requirements described in Maner of H"p, 22 I8rI\i Dec. 206 (Assoc. Cornm'r 1998), and therefore, US$'s approval of the hypothedcal iob searion estimates preseuted in the Form I- 924 wilt not be accorded deference and may not be relied upon by an individud investor w.hen llIng the Form I-526. The business plan and job creation estimates wiII receive a de novo review by USCIS when an indiyidual investor ftles Forryr I-526. Once an actual proiect is adjudicated upon *re ftling of the initid Form I-526, USCIS lvill gtve deference to subsequeut Forms I-526 wben the critical assumptions remain materially unchanged from the initially-approved Form T-52.6. When filing Form I-526, it will be the responsibility of the individual investor to submit a comprehensive, deailed and credible business plan, showing by a preponderance of the evidence that his or her investrnent in the new commercial enterprise will oeate not fewer than 10 full-time positions. If prior to liling a fonn I-829, the job creation estimated in the business plan submitted by the individual investor materially deanges or will not be realized, then it will be the responsibiliry of the EB-S investor to notify USCIS of an agreed upon methodotogy to allocate iob crearion among eligible investors. Clallam JeffersouWashington Kitsap 2362 Commercial and Instirudoml Buildins Construcdon 237 1 Utility System Consurucdon PngetSound RC, LLC / RCl /12 192 50703 / ID^IZI9250703 Page 3 IV. Guidelines for Filinglorrn I-526 Petidons Each iadividual petition, in order to dernonstrate that tt is a{ffliated with the Puget Sould RC, lIC, in conjunction with addressing ali the requirements for an individual immigrant investor petition, shall also contain the following: 1. A copy of this regional center approval notice and destgnation letter inclu&ng all subsequent amendrnent approval letters (if applicable). 2. An economic impact analysis which reflects a Job creation methodology required at 8 CFR S 204.5 0)(4)(iii) and shows how the capital investrnent by an individual immigrant investor will create not fewer than ten (10) indirect iobs for each immigrant investor. 3. A comprehensive, detailed and ctedible business plan for an acnral proiect that cotrtains the factual details trecessarF to be in compliance with the requirements described in Matter of Ho, 22 i&N Dec. 205 (Assoc. Comm'r 1998). 4. Legally executed organizational documents of the commercial enterprise. Note: The proiect reviewed with this Form I-924 application is a hypothetical proiect. Organizational and transactiond documents associated wi& the new comrnersial enterprise (NCE) submitted with ttds Form I- 924 have not been reviewed to deterrrine compliance with program requirements since these documents will receive de novo review in subseguent Iilings (..g., .n amended Fonrr I-924 application with a Form I- 526 exemplar or the first Form I-526 pedtion filed by an investor under the regional ceater project). Y. Designee's Responsibilities in the Onerations of the Reqioml Center As provided in 8 CFR S 204.6 (m)(6), to ensure that the regional center continues to meet the requirements of section 610(a) of the Appropriations Act, a regional cenrer must provide USCIS with updated hformation to demonstnte the regional cetrter is continuing to promote economic growth, improved regioual producdvity, job crearion, and inseased domesdc capital iavesment in the approved geograpl:ic area. Such information must be submitted to USCIS on an annual basis or as otherwise requested by USGS. The applicant must monitor all investrnent activities under the sponsorship of the regional center and to maintain records in order to provide the information required on the Form I-924A Supplement to Fonn I-924. Form I-924A, Supplement to Form I-924 Applicatiou is available in the "Forms" secdon on the US$S website at www.uscis.gov. Regional centers that remain designated for particpation in the Immigrant Investor hogram as of September 30tt of a cdendar year arg required to ffIe Form I-92+h Supplement in that year. The Form I- 924A Suppiernent with the required supporting documentation must be filed on or before December 29th of the same calendar year. Puget Sound RC, LLC / RqM12 192 50703 / fDl2l9l50703 Page 4 The failure to Umely file a Form l-924A Supplement for each flscal year in whictr the regiooal center has been designated for participadon in the Immigrant Investor hogram will result in the issuance of an intent to terminate the participation of the regional center in the Immigrant Investor Program, which may ukimately result in the termination of the designation of the regiond center. The regional center designation is non-Eansferable, as any changes in management of the regional center will require the approval of an amendment to the approved regional center designation. If the applicant has any quesrions concerning the regional center designation under the Immigrant Investor Prosram. please contact the USfiS bv email at Uscis.ImmisrantlnvestorProcram@uscis,dhs.sov. Sincerely DanielM. Renaud Acting Chief Immigrant Investor Program cc: David Derrico, Esq.