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The program is positioned in an extremely odd and non-helpful governmental location for the excitement of worldwide financial investment in the United States. We are giving away as well much for too little of a financial investment.


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The regional facilities, with their half-million schemes, essentially damaged the more sensible million-dollar part of the EB-5 program. Third, such programs, if we have them in any way, as they do in Australia, need to be regarding producing service entities, not passive financial investments. It needs to have to do with developing real work, not specify calculations about the indirect creation of jobs, which is currently component of the regulations.


Probably that is among the reasons that it has failed time after time to reach the legislative objective of 10,000 financial investment visas. Fifth, the Regional Facility Program is naturally clumsy, and the program is also full of middlemen, both public and private. The program has greater than its share of rumors, which I will enter into later if anybody is interested.


This is a firm that likes to claim yes to candidates, yet as the table in my statement reveals, USCIS policemans have far more trouble with EB-5 applications than others. I think that is something that nobody has really spoken about much. EB5 Regional Center Program. There are high prices of inner rejections in this program and completely reason


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Seventh, in this program visas most likely to individuals who might not obtain them otherwise and to individuals whose scheduled financial investment is really much less, according to the Federal Reserve, than the typical mean total assets of all American family members in 2007. Allow me expand on among my monitorings.


My quote based on the financiers' environment-friendly card applications submitted 2 years after the initial investment-- these are the strong ones that continue to be and are approved. This is 2009-- was that they had regarding $191 million verified-- that is my price quote. USCIS does not supply the sort of data that we could make use of on this.


So for every single $100 of raised international investment that year, the EB program added one penny. Under a far more shaky statistical base, the first applications of potential immigrant financiers, USCIS is telling reporters that the degree of financial investment in the just-concluded year had to do with read more $1.2 billion. Let us approve that.


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Thank you for listening to me. I anticipate your remarks and inquiries. [The prepared statement of David North looks like an entry for the record.] Chairman Leahy. Thank you. Our next witness is Robert Divine. He is a shareholder of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the firm's immigration technique team.


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Divine functioned as Chief Counsel of the USA Citizenship and Migration Services from July 2004 up until November 2006, the year in which he was Performing Supervisor, and afterwards Acting Deputy Supervisor. He has functioned thoroughly with the EB-5 program in personal practice. He was chosen, as I understand, vice president of the Organization to Invest in United States, the national industry organization of regional.


Divine, we are happy 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 HEAD OF STATE, INVEST IN THE U.S.A. (IIUSA) Mr. Divine. Thank you, Mr. Chairman, Legislator Grassley, and others. Thank you for having me.


At the majority of, if all 10,000 slots were made use of, it would be 1 percent of the migration each year to the USA. It is not near that yet, however it is expanding and getting towards that. Especially as USCIS, the firm that supervises the program, has been making the regulations clearer and the processes extra logical and clear for individuals that are organizing investments and for the financiers that are spending, even more people have actually agreed and able to put initiative and money into the process to discover excellent jobs and develop them, and afterwards more financiers have actually agreed to invest their cash and take the threat and use the money to develop the jobs that is the point of the program.


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These projects do not linger for life, and USCIS understands that and are trying to speed the program, speed the procedure - EB5 Regional Center Program. That does not suggest that they are unwinding their scrutiny, and, as a matter of fact, they are ready to refute applications that are not certifying. And they do so, as was mentioned


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The regional facility component of the program is not. It belongs to an appropriations expense that was enacted in 1992, and ever since that program has actually been prolonged 5 times for 19 years. It is time for it to be permanent, and it requires to be done currently and not nearer to the date of expiration in September.


The process takes a good while to develop a job and after that to obtain the capitalists authorized. And they do not desire their cash moving with till they have actually been authorized. And the specter of the expiry of this Regional Center Program in September is already discouraging the advancement of projects.


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I wish to make clear that the Regional Facility Program is not the very same as the half-million-dollar thing. The idea of half a million or a million is a function of the regular EB-5 legislation that is component of the code. It simply is a fact that many of the local facilities that are pooling investments have set those instead of high unemployment or in backwoods where half- million-dollar investments are allowed, which makes feeling.

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