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Initially, the program is placed in an extremely weird and non-helpful bureaucratic place for the excitement of worldwide financial investment in the United States. Second, its scale is all wrong. We are handing out way too much for as well small of an investment. Additionally, elevating financial backing half a million dollars a tranche is, to say the least, ineffective.

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The local facilities, with their half-million systems, basically undercut the more practical million-dollar part of the EB-5 program. Third, such programs, if we have them at all, as they perform in Australia, must be concerning creating business entities, not passive investments. It should have to do with producing actual work, not specify computations concerning the indirect production of tasks, which is currently part of the regulation.

Possibly that is one of the factors why it has fallen short time after time to reach the legal objective of 10,000 investment visas. Fifth, the Regional Center Program is naturally awkward, and the program is as well full of intermediaries, both public and personal. The program has greater than its share of detractions, which I will obtain into later if anybody is interested.

This is a company that loves to claim yes to applicants, yet as the table in my statement shows, USCIS officers have a lot more trouble with EB-5 applications than others. I think that is something that nobody has really spoken about a lot. EB5 Regional Center Program. There are high prices of internal rejections in this program and completely factor

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Seventh, in this program visas most likely to people who could not obtain them differently and to individuals whose scheduled financial investment is actually much less, according to the Federal Reserve, than the average mean net worth of all American families in 2007. Let me expand on among my observations.

My price quote based on the financiers' permit applications submitted 2 years after the initial financial investment-- these are the strong ones that stay and are authorized. This is 2009-- was that they had about $191 million confirmed-- that is my estimate. USCIS does not give the kind of data that we can make use of on this.

So for every single $100 of raised international financial investment that year, the EB program contributed one penny. Under a far more unsteady statistical base, the first applications of prospective immigrant financiers, USCIS is telling reporters that the level of financial investment in the just-concluded year was about $1.2 billion. Allow us accept that.

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Thank you for listening to me. I expect your remarks and inquiries. [The ready statement of David North appears as 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 company's migration technique group.

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Divine functioned as Principal Counsel of the USA Citizenship and Immigration Services from July 2004 up until November 2006, the year in which he was Performing Supervisor, and afterwards Performing Replacement Director. He has actually worked extensively with the EB-5 program secretive technique. He was elected, as I comprehend, vice head of state of the Organization to Spend in United States, the national market organization of regional.

Divine, we are delighted to have you below. Please go in advance, sir. STATEMENT OF ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE HEAD OF STATE, PURCHASE THE U.S.A. (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Legislator Grassley, and others. Thank you for having me.

At the majority of, if all 10,000 ports were utilized, it would be 1 percent of the migration every year to the United States. It is not near that yet, yet it is growing and obtaining towards that. Particularly as USCIS, the agency that supervises the program, has been making the regulations more clear and the processes a lot more sensible and clear for the people who are organizing investments and for the capitalists that are spending, more people have agreed and able to place effort and cash right into the process to locate good jobs and develop them, and afterwards a lot more financiers have agreed to invest their money and take the threat and use the cash to create the tasks that is the point of the program.

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These projects do not wait about permanently, and USCIS recognizes that and are trying to speed the program, speed up the process - EB5 Regional Center Program. That does not imply that they are unwinding their analysis, and, as a matter of fact, they prepare to reject 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 is component of an appropriations bill that was established in 1992, and considering that then that program has been expanded 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 work up a job and then to get the capitalists authorized. And they do not want their money moving via till they have actually been approved. And the specter of the expiry of this Regional Center Program get more info in September is already dissuading the development of projects.

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I would like to clear up that the Regional Facility Program is not the exact same as the half-million-dollar thing. The idea of half a million or a million is a function of the regular EB-5 law that is part of the code. It just is a fact that the majority of the local facilities that are merging financial investments have actually established those in areas of high joblessness or in backwoods where fifty percent- million-dollar financial investments are enabled, which makes feeling.

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