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The program is positioned in an extremely weird and non-helpful administrative area for the stimulation of global investment in the United States. Second, its range is all wrong. We are handing out excessive for too tiny of an investment. Better, raising equity capital fifty percent a million bucks a tranche is, to state the least, ineffective.


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The regional facilities, with their half-million schemes, basically damaged the extra sensible million-dollar component of the EB-5 program. Third, such programs, if we have them in all, as they do in Australia, need to have to do with developing organization entities, not passive financial investments. It must have to do with developing real work, not elaborate computations concerning the indirect creation of work, which is now component of the regulations.


Perhaps that is one of the reasons that it has actually failed year after year to get to the legislative goal of 10,000 financial investment visas. Fifth, the Regional Center Program is naturally awkward, and the program is too loaded with middlemen, both public and exclusive. The program has more than its share of scandals, which I will enter later on if anyone is interested.


This is an agency that enjoys to state yes to candidates, however as the table in my testament shows, USCIS officers have a lot more difficulty with EB-5 applications than others. I believe that is something that no one has actually talked around much. EB5 Regional Center Program. There are high rates of inner rejections in this program and completely reason


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Seventh, in this program visas go to people who might not obtain them any various other method and to individuals whose organized investment is really less, according to the Federal Book, than the typical mean internet worth of all American families in 2007. Let me expand on among my observations.


My quote based on the financiers' permit applications filed 2 years after the first investment-- these are the solid ones that continue to be and are accepted. This is 2009-- was that they had concerning $191 million verified-- that is my estimate. USCIS does not offer the sort of data that we might utilize on this.


So for each $100 of increased international investment that year, the EB program contributed one cent. Under a far more unsteady analytical base, the initial applications of would-be immigrant investors, USCIS is telling journalists that the level of financial investment in the just-concluded year had to do with $1.2 billion. Let us accept that.


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Thank you for listening to me. I eagerly anticipate your remarks and concerns. [The prepared statement of David North looks like a submission for the document.] Chairman Leahy. Thanks. Our following witness is Robert Divine. He is a shareholder of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the firm's immigration method team.


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Divine acted as Chief Guidance of the USA Citizenship and Migration Services from July 2004 until November 2006, the year in which he was Acting Director, and after that Performing Replacement Supervisor. He has functioned thoroughly with the EB-5 program secretive method. He was elected, as I recognize, vice president of the Association to Invest in USA, the nationwide sector association of regional.


Divine, we are thrilled to have you here. Please go ahead, sir. STATEMENT OF ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, BUY THE U.S.A. (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Legislator Grassley, and others. Thanks for having me.


At a lot of, if all 10,000 slots were made use of, it would be 1 percent of the immigration annually to the USA. It is not near that yet, but it is expanding and getting towards special info that. Particularly as USCIS, the firm that oversees the program, has been making the regulations clearer and the procedures extra logical and clear for individuals who are arranging financial investments and for the investors that are spending, more people have actually wanted and able to place initiative and money into the process to find great projects and create them, and after that much more financiers have actually been willing to invest their money and take the threat and use the cash to create the jobs that is the point of the program.


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These jobs do not linger for life, and USCIS understands that and are trying to speed up the program, speed the procedure - EB5 Regional Center Program. That does not imply that they are relaxing their analysis, and, in fact, they are ready to index refute applications that are not certifying. And they do so, as was mentioned


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The local facility component of the program is not. It is component of an appropriations expense that was passed in 1992, and considering that then that program has actually been expanded 5 times for 19 years. It is time for it to be permanent, and it needs to be done now and not nearer to the day of expiry in September.


The procedure takes an excellent while to function up a job and afterwards to get the financiers accepted. And they do not want their cash flowing through up until they have actually been approved. And the specter of the expiration of this Regional Facility Program in September is currently preventing the advancement of tasks.


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I wish to clarify that the Regional Facility Program is not the like the half-million-dollar thing. The concept of half a million or a million is a function of the normal EB-5 legislation that becomes part of the code. It view it just is a fact that most of the regional facilities that are merging financial investments have actually set those in places of high joblessness or in rural locations where fifty percent- million-dollar financial investments are permitted, which makes good sense.

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