Continued from page 83
Preparation for the EB-5 Process
Usually the agents or brokers for Chinese investors are seeking advice and doing
their due diligence to make a decision for their groups of investors. The Chinese
investors often rely on their relationship with the agents to make a decision for them.
“Top 100 Owner & Developer”
“Top 100 Management Companies”
Hotel Business
*50+ Hotels*
*9,000+ Rooms*
*4,000+ Employees*
*$300M+ in Annual Revenue*
*Preferred Owner/Operators for
Hilton, Starwood, IHG & Marriott*
However, Brazilian investors who are familiar with the infrastructure of U.S. business
often desire to make their own inquiries, ask questions, analyze the answers, and conduct
their own due diligence of potential EB-5 immigration attorneys and other advisors.
At these early stages of the EB-5 process, there is more interaction between the
EB-5 project, EB-5 immigration attorneys and the Brazilian investors than there is
with Chinese investors.
Source of Funds
In the Chinese EB-5 process there is substantial reliance on agents or intermediaries to assist the EB-5 immigration attorney with obtaining the legal source of funds
documentation. Even though there is contact and correspondence with the Chinese
investor, the agent or intermediary plays a primary role.
For Brazilian investors, the EB-5 immigration attorney plays a substantial role in
the interaction with the investor through conferences and correspondence.
Note the following examples of the types of broker documents which would be
requested for source of fund documents:
EB-5 Projects
Open for Subscription:
123-Room Marriott Residence Inn
Miami, FL
150-Room Hilton Canopy
West Palm Beach, FL
• Documents needed to prove opening of a corporation:
- Contrato Social/Contrato de Constituição de Sociedade Limitada/etc.
(Articles of Incorporation)
- Comprovante de Inscrição e de Situação Cadastral (Proof of Current Registration)
• Documents related to lease/purchase of commercial property:
- Contrato de Locação de Imóvel Não Residencial (Lease Agreement)
- Documents from the Cartório de Registro de Imóveis (Registry of Real Estate)
- Contrato de Compra e Venda (Contract of Purchase and Sale of Real Estate)
• Documents related to source of funds:
- Declaração de Informações Econômico-Fiscais da Pessoa Jurídica (Tax Return)
- Bank statements showing deposit/withdrawal of funds
- Declaration of joint assets (Between husband/wife)
- Comprovante de Pagamento de Swift (Proof of Swift Payment)
Brazilian investors are familiar with the nature of the requests for the legal documentation authenticating the source of the personal investment funds. Correspondence
and directions to the Brazilian investors can be quick and hence the preparation and
filing of their I-526 petitions will occur substantially sooner than the filing of the
Chinese investor I-526 petitions.
Effective and Efficient Relocation
Binding ties to the United States
Once Brazilian investors decide to live and work in the United States, either on a
temporary or permanent basis, often their intent is to quickly establish binding ties
to the United States.
Brazilians may already have B-1 and B-2 visas that can allow them to spend up to
six months at a time in the United States. F-1 and F-2 student visas also may allow
the family to immediately live and attend school in the United States.
For more information
please contact:
Carlos Rodriguez Jr.
[email protected]
www.DriftwoodHospitality.com
84
If Brazilian investors have decided to pursue permanent residency through an
EB-5 regional center project or an EB-5 direct project, they may also decide to obtain
an L-1 or E-2 visa so as to quickly be able to live and work in the United States. Once
Brazilian investors obtain their conditional permanent residency, they may decide
not to pursue E-2 or L-1 businesses. That is, they may desire to continue to operate
their U.S. businesses but not under the L-1 or E-2 regulations.
EB5 INVESTORS MAGAZINE