Posted: January 30th, 2014 | Author: Chris Jaensch | Filed under: Investor Visas | Tags: E-2 Investor Visa, EB-5 Investor Visa | No Comments »
E-2 and EB-5 investors come to Florida’s West Coast for its mixture of relaxed atmosphere, ideal climate, cultural sophistication, and business opportunities. At our firm we see entrepreneurs, investors, and business people from around the world and we assist them in obtaining their version of the American dream. Quite often, however, we do not feel qualified to advise international investors on which business opportunity to pursue. As a result we have sought out and allied ourselves with the Florida Gulf Coast’s most qualified M & A professionals. Edward Valaitis, Certified Business Intermediary, is one of them.
E-2 and EB-5 Investors can Find a Valuable Resource in Mr. Valaitis
Mr. Valaitis has an impressive set of experiences and expertise. Where most business intermediaries will either have experience as entrepreneurs, professional services or in the corporate world, Mr. Valaitis has all three:
- Partner of a New York City based regional CPA firm with practice responsibility over the Internal Audit, Sarbanes Oxley, SAS, 70 and Information Security Services.
- CEO of accounts receivable management firm serving hospitals, cities and medical groups.
- Co-Founder of BDO Seidman’s Risk Consulting Division which he helped build from zero to $30 million in three years with offices in NYC, Boston, San Francisco and Houston.
- National Director for Jefferson Wells International a highly successful national risk consulting practice. During his tenure he had hands-on involvement in many facets of growing this start-up firm from zero to $120 million in revenue in four years.
Mr. Valaitis is also one of only 85 Certified Business Intermediaries in the state of Florida. He has been an active member of the CEO Council of Tampa Bay, Association for Corporate Growth and University of Tampa He is comfortable in the world of international business, traveling to Lithuania, London and Canada for ongoing engagements.
Mr. Valaitis and his firm are very active in main street and middle market business transactions, leading both “sell-side” and “buy-side” engagements. They serve and define businesses with annual sales up to $20 million. Most serious buyers retain his services so they can find just the right business, right price and right location.
E-2 and EB-5 investors who are considering buying a business on Florida’s beautiful Gulf Coast should contact Mr. Valaitis for assistance in finding the right investment opportunity. Remember that the right investment can help an immigrant investor qualify for a visa that would allow them to live and work in the United States. E-2 and EB-5 visas are just two options. Our firm also works with many L-1 immigrant business people.
Interested parties can contact Mr. Valaitis over the phone: 800-975-3198<tel:800-975-3198>, or via email: ed@marketchief.com.
For more information on how to qualify for an E-2 or EB-5 investor visa please feel free to follow the links below:
Posted: January 15th, 2014 | Author: Chris Jaensch | Filed under: Investor Visas | Tags: EB-5 Due Diligence, EB-5 Research, Eb-5 Visas, Investor Visas | No Comments »
Guest Post by Kurt Reuss and Rupy Cheema, Managing Partners, EB5 Diligence LLC
The goal of any project developer is to find investors to fund new projects. Generally private placement offerings attract “sophisticated,” well-funded investors such as institutional investors, mutual funds, hedge fund operators, insurance companies or high net-worth individuals, all of which have the capacity to conduct their own due diligence to assess the viability of the project. Additionally, the broker-dealers who underwrite and sell these securities are required by FINRA, the U.S. Financial Industry Regulatory Agency, to perform due diligence on behalf of the issuer, for the benefit of investors. Typically, the due diligence costs are borne by the issuer and structured as a percentage of the total offering.
The goal of the average investor is to see a reliable future earnings stream while ensuring that no undue risks are taken. For some foreign investors, however, especially those whose interest is in the EB-5 project, there is one goal which is paramount above all others, and that is obtaining green card status for themselves and their eligible family members, a goal achievable under the auspices of the U.S. Citizenship and and Immigration Service (USCIS) which allows foreign investors to invest in an EB-5 project provided that certain criterion is fulfilled.
It is for that reason that foreign investors in EB-5 projects will want to ensure that a due diligence review is carried out, because if the project fails to meet the criterion set out by the USCIS, then their ultimate goal, green card status, will not have been met. The criterion that must be met by the EB-5 project develops cannot be readily assessed by an investor, which could result in a denial of either of their petitions, meaning that they and their family could be forced to return to their home land, often causing incredible hardship for the family, not just financially, but emotionally and psychologically. For those reasons, a foreign investor must be confident that the EB-5 project he or she plans to invest in will satisfy the USCIS requirements and ultimately end up with their successful petition for green card status.
Unlike private placement security offerings, the EB-5 industry is unique in that it doesn’t require the involvement of a broker-dealer because of the exemption that allows unregistered, off-shore agents to sell these securities to foreign investors. Though they generally qualify as accredited investors, EB-5 investors are not the aforementioned “sophisticated” types, and in many cases may not even have English as a first language. This presents a strange confluence of factors: less sophisticated investors with limited English language skills wishing to invest without the involvement of a registered FINRA representative.
In the EB-5 world, regional centers often act in an advisory role that would typically be assumed by broker-dealers, namely performing the due diligence and making representations to EB-5 investors. However, unlike broker-dealers these individuals at the regional centers are not regulated by the U.S. Securities and Exchange Commission. When regional centers are also developers of the projects they sell, the need for third-party due diligence becomes even more essential for EB-5 investors.
Benefits of 3rd-party Due Diligence
Considering the somewhat modest investment of $500,000 or $1 million (of course, relative to the “sophisticated” investor types), it’s generally not feasible for EB-5 investors to pay for a comprehensive analysis of a single project, let alone the analysis of multiple projects. Moreover, from the regional center’s standpoint, it can be not just tedious but impractical when you factor in the need to supervise a multitude of visiting analysts, set up meetings with management, request documents necessary to provide a comprehensive analysis for each and every investor, etc.
By retaining a third-party to perform the due diligence review, regional centers make it easier for immigration attorneys and “foreign finders” to present their clients with an easy-to-understand yet comprehensive outline of a project’s strengths and weaknesses, inherent investment risk and its I-526 approval risk. For the less sophisticated EB-5 investor, that outline is often far more straightforward and understandable than any private placement memorandum could ever be. By having a comprehensive third-party report to distribute to investors and foreign finders, regional centers can also bolster their own marketing and solicitation efforts. The added transparency often expedites the investors’ decision making process and saves the regional center valuable time and resources that would otherwise be devoted to disseminating information to potential investors.
Since by definition every EB-5 project has inherent risk, a thorough due diligence review helps investors decide which project’s risks are acceptable to them and which are not. On the flip side, the due diligence report can alert a regional center to any deficiencies, real or potential, in their project which would enable them to address those deficiencies prior to issuance of the report.
How Thorough does Due Diligence Need to Be?
By definition, due diligence is the care that any reasonable person would exercise in order to prevent or avoid harm to assets, property or other persons. Furthermore, it could be argued that an inadequate or poorly prepared due diligence might be more harmful than none at all, as the report itself could engender misplaced confidence in a project that may be deficient or even fraudulent.
A due diligence analysis is conducted to understand a project in as much detail as reasonably possible and moreover to take a hard look at the enterprise’s finances, strategic and operational situation and EB-5 viability, along with any problems, risks or headwinds that the project may face. A thorough due diligence review starts with a good checklist; here are ten areas that should be addressed in any comprehensive due diligence review:
- Review of the Project’s Business Plan
- Review of the Corporate Structure and Capital Structure
- Assessment of the Company Management’s Background
- Market Analysis and Sales Strategy
- Review of the Facility, Equipment and Management Systems
- Review of the Project’s Financial Reports
- Review of Major Agreements and Contracts
- Assessment of Government and Local Support
- Regional Center and EB-5 Analysis
- Review of the Project’s Strengths, Weaknesses, Opportunities and Threats
Moreover, because many EB-5 projects involve construction, consultants may also be needed to evaluate construction budgets, timelines, real estate title, permits and other important approvals. Finally, because EB-5 investors may not have English as their mother tongue, it makes sense to have due diligence reports translated into various languages.
The Cost of Due Diligence
The cost of a comprehensive project review can range anywhere from $10,000 to $50,000, and is dependent upon the size and complexity of the project. Most mid-sized project reviews typically cost around $20,000.
Conflict of Interest Concerns
Potential investors may worry about the possibility of a conflict of interest if a due diligence analysis is conducted and paid for by a regional center or project developer, or if it is performed by a registered broker-dealer who is retained by the issuer. Investors might suspect that the report could be unduly influenced by the agency relationship. Fortunately, those concerns are invalidated thanks to FINRA, which specifically prohibits broker-dealer representatives from engaging in manipulative, deceptive or fraudulent behavior or making untrue statements of any material fact. FINRA representatives have an obligation to provide independent, objective analysis and to report any fraud they encounter, and any information gleaned which would give a prudent person sufficient pause or which would send up a “red flag” must be further investigated. A registered FINRA representative’s failure to satisfy its investigative duties could, consequently, be considered a violation of the anti-fraud provisions of the federal securities laws and the rules of FINRA.
Simply put, FINRA registered broker-dealer representatives are tasked with performing due diligence on behalf of issuers for the benefit of investors. This “special” relationship is critical to the proper functioning of the securities industry.
Posted: January 2nd, 2014 | Author: Chris Jaensch | Filed under: Sarasota Immigrants | Tags: Adjustment of Status, Deferred Action, Green Card, Immigration Attorney Sarasota, Immigration Reform, Parole-in-Place | No Comments »
President Obama Announces New Policy That Could Lead to Wider Immigration Reform
New Parole-in-Place Policy May Create the Precedent for a General Amnesty
President Obama has announced a new policy that could serve as the model for immigration reform if Congress doesn’t act. It’s called “Parole-in-Place” and it allows undocumented immigrant spouses, children under 21 and parents of current US service members, reservists and veterans to apply to live legally in the US.
Under prior rules, anyone who entered the U.S. without Immigration inspection was subject to deportation and most could not adjust to permanent residence. Their only option was to pursue a lengthy and uncertain waiver process that requires a return to their home country. But leaving the United States triggers a 10-year bar from returning for any immigrant who entered without inspection.
“This is good news for immigrants because it creates another way for those who would otherwise be caught in an impossible situation to adjust their status without suffering the hardship of a 10-year bar,” says Peter Jaensch, military veteran, prominent Sarasota immigration attorney and founder of Jaensch Immigration Law Firm.
Immigrants who are paroled-in-place can obtain work and travel permission without leaving the US. With work permission, the applicant can obtain a Social Security number. If parole-in-place is granted and the applicant is a spouse, child under 21, or parent of a U.S. citizen, he or she would also be able to apply for a Green card.
President Obama has publicly stated several times that he supports immigration reform. In June, the Senate passed a comprehensive immigration bill but the House of Representatives has not taken it up. House Speaker Boehner recently announced that the House will not hold formal compromise talks on the bill.
In the meantime, President Obama has pursued immigration reform through prosecutorial discretion. In June 2012, in a policy change similar to “Parole-in-Place,” the President announced the Deferred Action policy. It allowed undocumented immigrants who entered the country as children, obtained a high school diploma or equivalent and remained under a certain age, to obtain work and travel permission. In August, the President instructed DHS officials, when finalizing removal orders for undocumented parents, to take into account the potential hardship for their minor children. With this new policy, Obama moves closer to his goal of immigration reform.
There is no government fee for the parole-in-place application, as there usually is. Parole-in-place will be granted in one-year increments.
“As a military veteran myself I am glad to see the government doing more to support our service members and veterans,” says Mr. Jaensch. “And we are ready to do our part as well.” Jaensch Immigration Law Firm is offering free consultations to military family members who want to know more about this policy.
IN SPANISH: Cesar Gomez explica la nueva política de parole-in-place.
Posted: January 2nd, 2014 | Author: Chris Jaensch | Filed under: Investor Visas | Tags: Bradenton, Business Opportunities in Florida, Businesses for Sale in Florida, E-2 Investor Visa, FL, Sarasota | 2 Comments »
Please enjoy the list below of businesses for sale in Florida, provided by Business Broker Michael Werman. Some of them may be used to qualify for an E-2 investment. If you are interested in a certain business please contact Mr. Werman for more details (941) 366-1500.
| Business for Sale |
Asking Price |
Cash Flow |
Location |
 50 Year Old Sandwich Shop for Sale… |
$110,000 |
$45,854 |
Sarasota, FL (Sarasota County) |
| Talk about history – this sandwich shop has been around since 1962! Loyal local following with great visibility on Route 41 in Sarasota. This is a CASH only business, no credit cards. Employees will stay if asked. Lease can be extended with a good landlord. Plenty of parking to eat in or take out your food. An icon in the sandwich business for longevity. Business for 2012 has been the same as… |
Spanish Publishing Biz, home based… |
$30,000 |
$41,263 |
Sarasota, FL (Sarasota County) |
| Opportunity! 2010 Census shows Fla is 23% Latino. Spanish language monthly newspaper, dist to over 100 locations in Sarasota, Manatee & Charlotte Co’s which have growing numbers of Latino residents. Features free classifieds, reasonable full color display ads & directories of Attorneys, Restaurants, Salons & Automotive. 2 wks training. Includes computer with QuickBooks, client data base & listing… |
 Successful Floor Covering Store, S… |
$350,000 |
$167,602 |
Bradenton, FL (Manatee County) |
| Sarasota / Bradenton area – 2013 numbers are better than 2012! This Florida real estate has an ASSUMABLE LOAN or it can just be leased to new owner. Locally owned and operated, not a national chain. By buying direct from the manufacturers in bulk, large discounts get passed on directly to the customer. Breakdown is 70% carpet, 20% tile & 10% wood. Newer warehouse & showroom too! Owner does very… |
 Your own Vending Machine Business … |
$25,000 |
$13,000 |
Sarasota County, FL |
| Great Opportunity for part-time income!! 20 combo (snacks & drinks) & 3 snacks-only vending machines w/coin changers, located primarily in medical offices. These cost $3300 each new when purchased 8 years ago & are in exel’nt condition. 6 combo machines & 1 snacks-only machine not currently placed due to owner being busy with his primary business. All inventory in machines & at home. Extra parts… |
 Healthy Eating, Mall Food Court, S… |
$199,000 |
$52,173 |
Sarasota, FL (Sarasota County) |
| Fresh Thinking. Healthy Eating! Opportunity to own one of the world’s fastest growing Franchise Deli-Style Restaurants in a busy Food Court, in a high traffic, Upscale Shopping Mall in the #1 Beach Community in SW Florida. Well equipped separate in-mall Prep Kitchen. Very profitable operation at a fraction of normal start-up cost. Some seller financing possible for a highly qualified individual… |
 Home-Based, Relocatable Hobby Rela… |
$297,000 |
$134,162 |
Hillsborough County, FL (Relocatable) |
| UNIQUE OPPORTUNITY! Designs/Manufactures/Imports specialty hobby related products, sells wholesale to distributors & retailers also retail via Internet and eBay and hobby trade shows. Due to outside employment, seller can no longer do both since this business has grown to become its own full time obligation. Cash flow shown is 2013 annualized based on six-months sales & expenses. Serves a… |
 Landscape Lighting Business in Man… |
$139,900 |
$127,500 |
Manatee County, FL |
| What an Opportunity! Live & work from home in fast-growing SW Florida community close to beaches. Turnkey Energy-Efficient Landscape Lighting business complete with 2010 GMC Sierra SLE Pickup & Topper w/70K miles; attractively wrapped 6′ x 10′ enclosed trailer with all tools, ladders & inventory to do the job. Great reputation for honesty, prompt excellent installations & service. 2013 Est is… |
 Full Service Lawn Care, Sarasota, … |
$360,000 |
$195,304 |
Sarasota, FL (Sarasota County) |
| Complete lawn care; mowing, mulch, maintain/trim/replace shrubs & plants, has their own nursery, also irrigation & landscape lighting. Chemical application portion of this business not for sale at this price, financials + FF&E have been adjusted. Over 130 accounts, mostly residential, many very large properties/estates. Facilities; Protected nursery area, covered storage space with sheds, office,… |
 Only full service 15,000 sq.ft. |
$485,000 |
$194,544 |
Sumter County, FL |
| Opportunity! Must see. Cash Cow! 15000 sq ft grocery store in a small town with no competition. Has been a grocery store for 3 decades. Grocery, Meat, Produce, Dairy, Frozen, Wine & Beer, Cigarettes, Lottery, etc. Meat & Grocery biggest sales. Average inventory $125K. Don’t wait, call Shalley Moman 407-925-3303 for more information. View additional listings at FloridaBO.com |
 Full Service Fitness Center in Bra… |
$150,000 |
$68,319 |
Bradenton, FL (Manatee County) |
| Complete fitness center; pool, spa, sauna, steam room, two group fitness studios (1 can be used as a cycle room), main gym w/reception area, cardio section, locker room, showers, etc., 40 pieces of cardio, selectorized equipment plus free weights. Baby sitting area too! This is a beautiful buildout, about 5-years old ready to taken over and to be owner operated as shown in the adjusted net. This… |
 Established Coin Laundry in Sunny … |
$75,000 |
$30,794 |
Palmetto, FL (Manatee County) |
| Well established coin laundry with some modern energy & water saving machines purchased late 2012. Does full service wash, dry, fold & iron, 50% of the income, balance from do it yourself customers. Add service to restaurants, hotels, etc., plus dry cleaning drop off station for more income. This is a cash business! Lighted parking in the rear of the building. Operated by the owner with 2… |
 High Quality Remodeling Opportunit… |
$185,000 |
$83,000 |
Sarasota County, FL |
| HIGH QUALITY WORK, UPSCALE CUSTOMERS, MORE THAN JUST FOR A HANDYMAN! This is a real business that has built a strong reputation for extensive remodeling of an apartment, condo or house to pressure cleaning a sidewalk or driveway. If you can do interior or exterior painting, tile, carpentry, wall texturing, minor electrical or plumbing, flooring or more, this is for you. EXPERIENCE IS NECESSARY!… |
 Upscale Bath & Body Shop in Saraso… |
$159,900 |
$42,700 |
Sarasota County, FL |
| Upscale retail opportunity in Beach Community. Bath and Body shop in downtown shopping district. Extensive inventory. Potential for increased revenue. Good repeat business. |
 Major Auto Body Shop in Sarasota F… |
$225,000 |
$87,568 |
Sarasota, FL (Sarasota County) |
| Live & work in the #1 Beach Community in the USA! 23 year Well-Established, Profitable, High-End Auto Body Shop. 3800 sq ft of buildings, plus 4352 sq ft canopied work areas. Economy extremely strong. 2 booths w/baking capabilities. highly trained staff with tenure will stay. Very attractive Lease. Hurry – Won’t last long! View additional listings at www.FloridaBO.com |
 Coin Laundry in Florida |
$85,900 |
N/A |
Manatee County, FL |
| This opportunity is open and running, but is being offered as an Asset Sale!! Great Opportunity! Large CASH business. Ideally located neighborhood laundromat on major Manatee County thoroughfare. Totally refurbished facility & equipment by present owner. Attractive rent. 22 washers; 13 dryers, Video Game, Quarter coin pusher game, TV, Internet access with 3 computers. Vending includes soap, soda,… |
 Areas Top Dry Cleaning Business – … |
$235,900 |
$104,090 |
Sarasota, FL (Sarasota County) |
| What a return on investment! Well-established Dry Cleaning business with loyal clientele; 29 yrs same location in major shopping ctr of #1 beach community in Florida, anchored by a Publix Supermarket. This is the best Dry Cleaner in town- recommended by Saks Fifth Ave. Price increase for 2013 will add thousands to bottom line. Top notch, well-maintained equipment. Long term experienced employees… |
 Day Spa For Sale – Manatee / Saras… |
$69,900 |
$26,000 |
Bradenton, FL (Manatee County) |
| Full service Day Spa in beautiful beach town. 3,000 sq ft of pampering for mind, body & soul. Hair Studio has 3 stations with room for more. 5 treatment rooms for Massage, Facials and Body Treatments; makeup room; nail studio with 2 manicure & pedicure stations. Cozy reception area with refreshments. Kitchen with laundry & office which can be a treatment room. Sinks in each room for techs & 2… |
 Water Manufacturing Systems For Sa…Water Fountain Display & Entertainment Manufacturing Business |
$2,500,000 |
$515,686 |
FL |
| 2013 numbers looking great, better than 2012! Water systems company operates around the world. Projects done for cities, malls, airports, resorts, theme parks & universities. Over $3.2M in sale in the pipeline now and another $3M currently in production. Also $39M in current bids placed for new projects. All design, engineering, manufacturing & shipping completed in one location. Installation… |
Posted: January 2nd, 2014 | Author: Chris Jaensch | Filed under: Investor Visas | Tags: Bradenton, Bradenton Beach, Bradenton Florida, Business for Sale, E-2 Investor Visa, Florida Gulf Coast | No Comments »
There is a new potential E-2 investment available on one of Florida’s beautiful barrier islands. This one is a seafood restaurant is for sale in Bradenton Beach, FL for $175,000.
According to the seller, this is a profitable and elegant seafood and steak restaurant with a 4COP liquor license available in a superior beach location. The diverse and unique menu and wine selection is tailored for discriminating customers and the restaurant has a popular and affordable happy hour. The restaurant is 2,100 sq. ft. and there is an attractive 1,400 sq. ft. 3/1 living space on the property which could be converted for use with the restaurant and/or food/beverage service business and would also make a nice living quarters for owner/operator/manager.
Does not do Lunch, yet. Historically has closed for one month vacation. Reasonable lease terms available. Reasonable offers considered.
Gulf Coast of Florida, Tampa Bay/Sarasota Area. For more information contact Jim Adkins at 941 713 1260. For more on how to use commercial property to qualify for an E-2 investor visa, watch our video below:
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