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The program is placed in a very odd and non-helpful governmental place for the excitement of global financial investment in the United States. We are giving away also much for also small of an investment.

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The regional facilities, with their half-million plans, essentially damaged the a lot more reasonable million-dollar component of the EB-5 program. Third, such programs, if we have them at all, as they perform in Australia, must have to do with producing business entities, not easy financial investments. It ought to have to do with creating genuine jobs, not specify calculations concerning the indirect production of work, which is now part of the regulations.

Possibly that is one of the reasons why it has actually failed time after time to reach the legislative goal of 10,000 financial investment visas. Fifth, the Regional Center Program is naturally awkward, and the program is also loaded with middlemen, both public and personal. The program has even more than its share of detractions, which I will enter into later if any person is interested.

This is an agency that likes to say yes to applicants, yet as the table in my testimony shows, USCIS officers have a lot more difficulty with EB-5 applications than others. I think that is something that no one has actually actually discussed much. EB5 Regional Center Program. There are high rates of inner denials in this program and for good factor

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Seventh, in this program visas go to individuals who might not obtain them any other method and to people whose scheduled investment is in fact much less, according to the Federal Book, than the average mean total assets of all American family members in 2007. Let me expand on one of my monitorings.

My price quote based upon the financiers' environment-friendly card applications submitted 2 years after the very first investment-- these are the solid ones that stay and are accepted. This is 2009-- was that they had concerning $191 million confirmed-- that is my quote. USCIS does not supply the sort of data that we could use on this.

So for every $100 of enhanced international investment that year, the EB program contributed one cent. Under a much a lot more unsteady statistical base, the preliminary applications of prospective immigrant capitalists, USCIS is telling journalists that the level of financial investment in the just-concluded year was about $1.2 billion. Let us approve that.

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Thanks for listening to me. I eagerly anticipate your remarks and questions. [The ready declaration of David North looks like an entry for the record.] Chairman Leahy. Thank you. 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 technique group.

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Divine offered as Principal Counsel of the USA Citizenship and Migration Solutions from July 2004 until November 2006, the year in which he was Performing Supervisor, and after that Acting Replacement Supervisor. He has functioned thoroughly with the This Site EB-5 program secretive method. He was chosen, as I comprehend, vice president of the Organization to Invest in U.S.A., the nationwide industry organization of regional.

Divine, we are delighted to have you below. Please go in advance, sir. DECLARATION OF ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, PURCHASE 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 ports were made use of, it would certainly be 1 percent of the migration yearly to the United States. It is not near that yet, yet it is growing and obtaining towards that. Particularly as USCIS, the company that oversees the program, has been making the rules more clear and the procedures much more reasonable and clear for the people that are arranging investments and for the investors who are spending, even more people have actually been prepared and able to put initiative and money into the procedure to find excellent jobs and develop them, and afterwards extra financiers have actually been willing to invest their money and take the danger and use the money to develop imp source the tasks that is the point of the program.

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These tasks do not wait around for life, and USCIS comprehends that and are trying to speed the program, speed the process - EB5 Regional Center Program. That does not indicate that they are unwinding their examination, and, in fact, they prepare to reject 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 becomes part of an appropriations bill that was passed in 1992, and since then that program has been extended five times for 19 years. It is time for it to be irreversible, and it requires to be done now and not nearer to the date of expiry in September.

The process takes a good while to develop a project and after that to obtain the capitalists accepted. And they do not want their money streaming through until they have actually been authorized. And the specter of the expiration of this Regional Facility Program in September is currently dissuading the advancement of projects.

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I would certainly like to clear up that the Regional Center Program is not the same as the half-million-dollar point. The idea of half a million or a million is a function of the routine EB-5 regulation that belongs to the code. It just is a reality that a lot of the regional centers that are merging financial investments have set those in locations of high joblessness or read review in country locations where fifty percent- million-dollar financial investments are permitted, and that makes sense.

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