A presentation delivered by Aginsky Consulting Group (ACG) at "Citizenship by Investment and International Residence" Conference in London on October 30th-31st, 2013. ACG was a silver sponsor of the event. In this presentation ACG discusses the EB-5 Program, a government sponsored program which allows foreign investors to gain access to U.S. residency in exchange for an investment of $0.5M-$1M, focusing on the direct investment route.
8. EB-5 Today – Visas Issued
8000
7,641
954
109
447
Number of visas issued
6000
Other
Venezuela
4000
2000
3,463
1,885
589
135
295
562
117
254
South Korea
6,131
China
Total
2,530
866
0
2010
October 30th-31st, 2013
2011
www.aginskyconsulting.com
2012
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9. EB-5 Today - Regional Centers
Influx
of players due to low barriers to entry:
17x
increase in the number of Regional Centers over
the past 5 years
325 registered Regional Centers today
Fraud
and SEC compliance issues:
There
is a growing sense of distrust towards Regional Centers, in
light of the recent IRCTC scandal
Increased
USCIS scrutiny:
I-924
acceptance dropped from
68% to 36% in 2012
The tenant occupancy issue
October 30th-31st, 2013
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14. ACG EB-5 Service Offering: A One-Stop Shop
Exit Strategy
and Execution
New Entity
Formation
Immigration
Legal Support
(if necessary)
Matter of
Ho Business
Plan
Post Acquisition
Business
Management
October 30th-31st, 2013
Investment
Opportunity
Identification
Due
Diligence
ACG
Escrow/Closing
www.aginskyconsulting.com
Negotiations
and Deal
Structuring
Corporate
Legal Support
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16. Phase I: Information Gathering & Client
Interviews
Client:
Mr. Smith
ACG Collected information
Financial
information verification
Mr. Smith’s Investment Criteria
Investment objectives: Green
card, safe investment, returns
Investment size: ~$1,500,000
October 30th-31st, 2013
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17. Phase I: Information Gathering & Client
Interviews
Mr.
Smith’s Investment Criteria (continued)
Risk
profile: Conservative
Timeline
Green card as soon as possible
Exit within 3-4 years of investment
Any other specific criteria: Majority control of the
investment
Phase I Timeline: 1-2 weeks
October 30th-31st, 2013
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18. Phase II: New Entity Formation
“NewCo
LLC”
Mr.
Smith owns 100% membership stake in
NewCo LLC
Mr. Smith hires ACG as a Manager
for NewCo LLC
Phase II Timeline: 1 week
October 30th-31st, 2013
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19. Phase III and IV
Phase
III: Market monitoring & long list
ACG
provides Mr. Smith with a customized list of
available deals
Deliverables: ACG Dealbook
Phase
IV: Short list
ACG
works with Mr. Smith to narrow down to 1 or
2 deals that will work best for him
Phase III & IV Timeline: 3-4 weeks
October 30th-31st, 2013
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20. Selected Deal: Commercial Janitorial
Service Company
•
•
•
•
Total investment size: $1,500,000
Expected number of new jobs: 24
Projected ROI: 26.5%
Expected Exit: 3-4 years
October 30th-31st, 2013
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21. Company Overview
Founded
in 1995
Services include janitorial services, floor
care, supply sales, related services to
commercial customers
Markets: Oregon, Washington, and Arizona
Clients include the likes of AT&T, Parr
Lumber, Union Pacific Railroad, Leading Regional
Property Management Firms
Award-winning company
October 30th-31st, 2013
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23. Pre-acquisition Org Chart
Owner
Total Employees: 12
Business
Manager (1)
Operations
Manager (1)
Office
Manager (1)
Janitorial Staff (9)
October 30th-31st, 2013
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24. Phase V: Due Diligence
ACG verifies all the claims made by the company
Financial, legal, personnel, and business due
diligence
Deliverable: Due-diligence Report
Phase V Timeline: 4-6 weeks
October 30th-31st, 2013
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25. Phase VI: Negotiations and Closing
ACG negotiates and structures the deal for NewCo LLC
Reducing price by 23%
ACG works with the corporate lawyers to draft and
finalize all the contracts for the transaction
Immigration attorney contract
review
Escrow/Closing
Phase VI Timeline: 2-4 weeks
October 30th-31st, 2013
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26. Phase VII: Ongoing Management
Day-to-day operations
Key strategic decisions
Geographic expansion
New service/product launch
Strategic business development
Human resources management
Job creation
Strategic hiring
Regulatory/tax compliance
Quarterly reports to investor
Budgeting/forecasting
October 30th-31st, 2013
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27. Post Closing: EB-5 Application
ACG’s
responsibilities:
Draft
a “Matter of Ho” compliant business plan for
NewCo LLC
Work with the client’s immigration attorney or
recommend an immigration attorney if the client
does not have one
Assist with I-526 application
EB-5 Application Timeline: 4-6 weeks
October 30th-31st, 2013
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28. New Job Creation (post acquisition)
Business plan outlined growth strategy and job
creation time table
All senior hires were made first
Salesmen (4 new hires)
Contractor conversion
(8 conversions)
New janitorial staff for new
accounts acquired (11 new hires)
Initial hires were funded by
working capital reserves and
existing cash flow
October 30th-31st, 2013
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29. Organizational Transformation
Pre - Acquisition
Owner
Business
Manager (1)
Operations
Manager (1)
Post - Acquisition
Pre-acquisition # of
employees: 12
Post-acquisition # of
employees: 36
New jobs created: 24
October 30th-31st, 2013
ACG
Oversight
Senior
Management (4)
Office
Secretary (1)
Janitorial Staff (9)
EB-5
Investor(s)
Sales Force
(4)
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Janitorial Staff
(28)
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30. Phase VIII: Exit Strategy and Execution
Apply for I-829 (condition removal)
ACG will work with Mr. Smith and the immigration attorney
to file the application
Mr. Smith decides to sell NewCo LLC after receiving
approval of the I-829
Exit strategy execution (Phase VIII)
ACG will prepare the offering documents to place
NewCo LLC in the market
ACG will work with interested buyers through the
entire selling process
Exit Timeline: 5-9 months
October 30th-31st, 2013
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31. Summarized Process and Timeline
Phase I. Information gathering and client interviews
Phase II. New entity formation
Phase III. Market monitoring and long list
Phase IV. Selection process – short list
Phase V. Due diligence
Phase VI. Negotiations and contract signing
PROJECT TIMELINE OF PHASES I-VI: 11-17 weeks
Phase VII. Post-acquisition management (Ongoing)
Phase VIII. Exit Strategy and Execution
EXIT TIMELINE: 5-9 months after approval of I-829
October 30th-31st, 2013
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32. Comparative Analysis: RC vs. DI
Metrics
Direct Investment
Regional Center
Business Control
100% control
No control
Number of Options
Virtually unlimited
Very limited
Involvement Level
Passive/Active/Hybrid
(options)
Passive only
(no options)
Transparency
Full
Limited
Brokerage/ Admin fee
4% to 6%
5% to 10%
Liquidity
Liquid
Illiquid
Business Expansion
Optional
Not an option
Returns
12% to 30%
0% to 1.5%
Risk
Low
High
October 30th-31st, 2013
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33. Advantages of Direct Investment –
Lower Risk
Reduced risk – why?
Business track-record
Existing cash-flow
Direct job creation, easy to
demonstrate
Ability to bridge any job creation
deficit with existing cash-flow
Perfect alignment of stakeholders’
interests
No leverage required
October 30th-31st, 2013
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36. Direct Investments – A New Tool for
Immigration Professionals
To
capture new clientele and capitalize on this
emerging opportunity:
Know of EB-5 investments taking place outside Regional Centers
Understand the process and structure of these transactions
Expand your network of partners and affiliates to include
professionals experienced in structuring EB-5 direct investments
October 30th-31st, 2013
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37. Closing remarks
The EB-5 landscape is quickly changing:
Emergence of a more a robust and dynamic alternative to
Regional Centers
As service providers, we must adapt and be at the forefront
of the industry to better assist clients
The underutilized direct-investment route will be key
to maintaining the EB-5 program’s momentum!
October 30th-31st, 2013
www.aginskyconsulting.com
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40. Contacts
U.S. HEADQUARTERS
Office: +1-503-546-4049
Fax: +1-503-549-8990
info@aginskyconsulting.com
411 NW Park Ave., Suite 402
Portland, OR 97209, USA
INDIA OFFICE
Office: +91 11 41207155
acg-india@aginskyconsulting.com
21, Nehru Place Greens,
Suite 602
New Delhi, 110019, India
www.aginskyconsulting.com
October 30th-31st, 2013
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