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  • U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Notice of Action

    A#

    Application/Petition

    I-924, Application For Regional Center Under the Immigrant Investor Pilot

    Program

    Receipt #

    ID 1031910033 Applicant/Petitioner

    Path America KingCo LLC Notice Date

    December 24, 2015 Page

    1 of 13 Beneficiary

    Path America KingCo LLC

    PO Box 13261

    Everett WA 98206

    Notice of Intent to Terminate

    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.

    CSC _______ WS _____ DIV I

    RETURN THIS NOTICE ON TOP OF THE REQUESTED INFORMATION

    LISTED ON THE ATTACHED SHEET.

    Note: You are given until January 26, 2016 to submit the information requested.

    Pursuant to 8 C.F.R. 204.6(m)(6), you are provided thirty (30) days from receipt of this notice of

    intent to terminate to offer evidence in opposition to the ground or grounds alleged. Failure to

    respond within the time allotted may result in the termination of your designation for participation

    as a regional center in the Immigrant Investor Program.

    For more information, visit our website at www.uscis.gov

    Or call us at 1-800-375-5283

    Telephone service for the hearing impaired: 1-800-767-1833

    You will be notified separately about any other applications or petitions you filed. Save a photocopy of this notice. Please

    enclose a copy of it if you write to us about this case. Our address is: U.S. CITIZENSHIP AND IMMIGRATION SERVICES

    IMMIGRANT INVESTOR PROGRAM

    131 M STREET, NE

    MAILSTOP 2235

    WASHINGTON, DC 20529

    Form I-797 (1/00)

  • PATH AMERICA KINGCO LLC/ ID1031910033

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    Attachment to ITD Coversheet

    NOTICE OF INTENT TO TERMINATE

    Form I-924, Application for Regional Center Under the Immigrant Investor Program

    Path America KingCo LLC

    This notice is in reference to the approved designation of Path America KingCo LLC (the

    Regional Center), as a regional center in the Immigrant Investor Program (the Program).1

    The purpose of this notice is to notify the Regional Center that, pursuant to 8 C.F.R.

    204.6(m)(6), U.S. Citizenship and Immigration Services (USCIS) intends to terminate the

    participation of the Regional Center in the Program because it no longer serves the purpose of

    promoting economic growth.

    The regulation at 8 C.F.R. 204.6(m)(6) provides:

    Termination of participation of regional centers. To ensure that regional centers

    continue to meet the requirements of section 610(a) of the Appropriations Act, a

    regional center must provide USCIS with updated information to demonstrate the

    regional center is continuing to promote economic growth, improved regional

    productivity, job creation, or increased domestic capital investment in the

    approved geographic area. Such information must be submitted to USCIS on an

    annual basis, on a cumulative basis, and/or as otherwise requested by USCIS,

    using a form designated for this purpose. USCIS will issue a notice of intent to

    terminate the participation of a regional center in the pilot program if a regional

    center fails to submit the required information or upon a determination that the

    regional center no longer serves the purpose of promoting economic growth,

    including increased export sales, improved regional productivity, job creation, and

    increased domestic capital investment. The notice of intent to terminate shall be

    made upon notice to the regional center and shall set forth the reasons for

    termination. The regional center must be provided 30 days from receipt of the

    notice of intent to terminate to offer evidence in opposition to the ground or

    1 Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies

    Appropriations Act, 1993, Pub. L. No. 102-395, 106 Stat. 1828 (1992), as amended by section 116 of Pub. L. No.

    105-119, 111 Stat. 2440 (1997); section 402 of Pub. L. No. 106-396, 114 Stat. 1637 (2000); section 11037 of Pub.

    L. No. 107-273, 116 Stat. 1758 (2002); section 4 of Pub. L. No. 108-156, 117 Stat. 1944 (2003); section 1 of Pub. L.

    No. 112-176, 126 Stat. 1325 (2012); and section 575 of Pub. L. No. 114-96, 129 Stat. 2193 (2015) (hereinafter

    Appropriations Act).

  • PATH AMERICA KINGCO LLC/ ID1031910033

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    Attachment to ITD Coversheet

    grounds alleged in the notice of intent to terminate. If USCIS determines that the

    regional centers participation in the Pilot Program should be terminated, USCIS

    shall notify the regional center of the decision and of the reasons for termination.

    As provided in 8 CFR 103.3, the regional center may appeal the decision to

    USCIS within 30 days after the service of notice.

    I. Procedural History

    A. Initial Designation

    On August 6, 2013, USCIS designated Path America KingCo LLC as a regional center following

    approval of its application to participate as a regional center in the Immigrant Investor Program

    (RCW1031910033). The managing member of Path America KingCo LLC is Path America,

    LLC.2 Based on the initial designation, the Regional Center obtained approval for the following

    geographic area:

    Name of State Counties

    Washington King, Pierce and Snohomish County

    B. Amendments

    On July 13, 2015, the Regional Center filed an amendment to its designation seeking approval

    for exemplar projects involving three new commercial enterprises (each an NCE), two of

    which are the subject of several pending I-526 petitions. Each of the projects identified in the

    amendment is discussed in Section C. below. This amendment request has not yet been

    adjudicated.

    C. Regional Center Projects

    USCIS has received a total of 178 Forms I-526, Immigrant Petition by Alien Entrepreneur filed

    by petitioners associated with the Regional Center based on investments in two Regional Center-

    associated NCEs, as shown in the table below. Of these Form I-526 petitions, none have been

    approved to date.

    2 According to the Washington Secretary of State Corporations Division https://www.sos.wa.gov

    https://www.sos.wa.gov/

  • PATH AMERICA KINGCO LLC/ ID1031910033

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    Attachment to ITD Coversheet

    New Commercial

    Enterprise Job-Creating Entity

    Number of I-

    526 Petitions

    Filed

    Number of I-526

    Petitions Approved

    to Date

    Aggregate EB-5

    Capital Received

    Path America Tower, LP Potala Tower Seattle, LLC 162 0 $12,200,000

    Path Tower Seattle, LP Potala Tower Seattle, LLC 16 0 0

    Totals -- 178 0 $12,200,000

    In connection with a Form I-526 filing, USCIS reviewed organizational and transactional

    documents for a NCE, Path America Tower, LP (Path America NCE). This NCE planned to

    pool $75.50 Million in capital investments from 151 EB-5 investors, and invest the funds into a

    job creating entity - Potala Tower Seattle, LLC (the JCE). The JCE planned to use the funds to

    the develop and operate a mixed-use property called Potala Tower that will have a 9-story

    underground parking structure, a restaurant and wine bar, a 142-room hotel and a 344-unit

    residential apartment complex. The project is located at 2116 4th

    Ave, Seattle, Washington and a

    total of 2,875 jobs are expected to be created as a result of the construction and operation of the

    Potala Tower project. According to the Regional Centers filings, this project is currently in

    the early stages of development.

    In connection with another Form I-526 filing, USCIS reviewed organizational and transactional

    documents for another NCE, Path Tower Seattle, LP (Path Tower NCE). This NCE also

    planned to pool $46.50 Million in capital investments from 93 EB-5 investors, and invest the

    funds into the same JCE- Potala Tower Seattle, LLC, with the intention of financing the same

    Potala Tower project.

    Path America Tower, LP and Path Tower Seattle, LP are two of the three NCEs also identified in

    the Regional Centers aforementioned July 13, 2015 amendment request. The third NCE

    contemplated by the amendment request is Path Shoreline, LP (the proposed NCE). This NCE

    would pool $52.5 million in capital investment from 105 EB-5 investors and invest the funds into

    a proposed job creating entity called Potala Shoreline, LLC.3 As such, Path Shoreline, LP

    would finance a multifamily residential development in Shoreline Washington; specifically the

    project was forecast to result in 329 residential units, 297 parking stalls and amenity space for

    the residents. To date, no I-526 petitions associated with Path Shoreline, LP have been filed with

    USCIS.

    3 Potala Shoreline, LLC and Potala Tower Seattle, LLC are collectively referred to herein as the

    JCEs.

  • PATH AMERICA KINGCO LLC/ ID1031910033

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    Attachment to ITD Coversheet

    D. Annual Reports (Forms I-924A)

    The Regional Center has filed 2 Forms I-924A, Supple

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