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The program is positioned in an extremely weird and non-helpful governmental place for the excitement of international financial investment in the United States. We are providing away also much for also tiny of an investment.


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The regional facilities, with their half-million schemes, essentially undercut the much more sensible million-dollar component of the EB-5 program. Third, such programs, if we have them in any way, as they do in Australia, need to be about producing service entities, not passive financial investments. It should have to do with producing actual work, not elaborate calculations about the indirect development of jobs, which is currently component of the regulation.


Maybe that is just one of the reasons it has actually fallen short year after year to reach the legal objective of 10,000 investment visas. Fifth, the Regional Center Program is naturally awkward, and the program is also filled with intermediaries, both public and exclusive. The program has more than its share of rumors, which I will certainly get involved in later on if anyone is interested.


This is a company that likes to claim yes to applicants, yet as the table in my testimony shows, USCIS officers have a lot more problem with EB-5 applications than others. I think that is something that no one has actually actually talked about much. EB5 Regional Center Program. There are high rates of internal denials in this program and forever reason


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Seventh, in this program visas go to individuals that might not get them differently and to people whose organized investment is actually much less, according to the Federal Get, than the average mean web well worth of all American households in 2007. Allow me broaden on among my monitorings.


My estimate based upon the investors' permit applications filed 2 years after the very first investment-- these are the strong ones that stay and are accepted. This is 2009-- was that they had about $191 million confirmed-- that is my quote. USCIS does not provide the type of information that we could make use of on this.


So for every $100 of boosted foreign financial investment that year, the EB program contributed one cent. Under a a lot more unsteady analytical base, the initial applications of would-be immigrant investors, USCIS is telling reporters that the level of financial investment in the just-concluded year had to do with $1.2 billion. Allow us accept that.


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Thank you for listening to me. I anticipate your comments and questions. [The ready statement of David North appears as an entry for the document.] Chairman Leahy. Thank you. Our read more following witness is Robert Divine. He is an investor of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the firm's immigration practice group.


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Divine served as Principal Guidance of the USA Citizenship and Immigration Providers from July 2004 up until November 2006, the year in which he was Acting Supervisor, and after that Performing Deputy Supervisor. He has actually functioned thoroughly with the EB-5 program in exclusive practice. He was chosen, as I understand, vice head of state of the Association to Buy USA, the national sector association of regional facilities.


Divine, we are pleased to have you here. Please go on, sir. DECLARATION OF ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE HEAD OF STATE, BUY THE U.S.A. (IIUSA) Mr. Divine. Thank you, Mr. Chairman, Senator Grassley, and others. Thanks for having me.


At a lot of, if all 10,000 slots were used, it would certainly be 1 percent of the migration annually to the USA. It is not near that yet, however it is growing and getting towards that. Specifically as USCIS, the agency that looks after the program, has actually been making the guidelines more clear and the processes a lot more logical and clear for the individuals that are organizing investments and for the capitalists who are investing, even more individuals have wanted and able to place initiative and cash right into the process to find good jobs and create them, and afterwards much more financiers have actually agreed to invest their money and take the risk and use the money to create the tasks that is the factor of the program.


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These projects do not wait about permanently, and USCIS comprehends that and are attempting to speed the program, speed up the procedure - EB5 Regional Center Program. That does not imply that they are relaxing their examination, and, in fact, they prepare to refute applications that are not qualifying. And they do so, as was stated


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The local center part of the program is not. It is part of an appropriations expense that was passed in 1992, and because then that program has actually been expanded 5 times for 19 years. It is time for it to be irreversible, and it needs to be done currently and not nearer to the day of expiry in September.


The procedure takes an excellent while to function up a project and after that to get the financiers authorized. And they do not want their money streaming with up until they have actually been authorized. And the specter of the expiry of this Regional Facility Program in September is already inhibiting the growth of projects.


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I would such as to clarify that the Regional Facility Program is not the like the half-million-dollar thing. The idea of half a million or a million is a feature of the regular EB-5 regulation that is component of the code. It just is a reality that a lot of the regional facilities that are pooling investments have actually established those in areas of high unemployment or in country areas where fifty percent- million-dollar financial investments are enabled, and that makes feeling.

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