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The program is placed in a really odd and non-helpful governmental place for the stimulation of global financial investment in the United States. We are offering away too much for as well small of an investment.


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The regional facilities, with their half-million schemes, essentially undercut the a lot more practical million-dollar component of the EB-5 program. Third, such programs, if we have them at all, as they carry out in Australia, should be about creating organization entities, not passive investments. It needs to have to do with developing real work, not specify estimations about the indirect development of work, which is currently component of the regulation.


Possibly that is among the reasons that it has fallen short time after time to reach the legislative objective of 10,000 financial investment visas. Fifth, the Regional Facility Program is naturally awkward, and the program is as well full of middlemen, both public and exclusive. The program has more than its share of scandals, which I will certainly get involved in later on if anyone is interested.


This is an agency that enjoys to state yes to candidates, but as the table in my testimony shows, USCIS policemans have a lot more difficulty 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 interior rejections in this program and permanently factor


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Seventh, in this program visas go to people that could not obtain them otherwise and to individuals whose planned financial investment is in fact much less, according to the Federal Get, than the typical mean total assets of all American households in 2007. Let me increase on one of my monitorings.


My quote based upon the financiers' permit applications submitted 2 years after the first investment-- these are the strong ones that remain and are accepted. This is 2009-- was that they had concerning $191 million confirmed-- that is my quote. USCIS does not offer the sort of information that we might utilize on this.


So for each $100 of raised foreign investment that year, the EB program added one cent. Under a a lot more shaky statistical base, the first applications of potential immigrant financiers, USCIS is informing journalists that the level of financial investment in the just-concluded year was regarding $1.2 billion. Let us approve that.


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Thank you for paying attention to me. I expect your remarks and concerns. [The prepared declaration of David North shows up as an entry for the record.] Chairman Leahy. Thank you. Our 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 method group.


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Divine offered as Principal Advise of the USA Citizenship and Immigration Providers from July 2004 till November 2006, the year in which he was Performing Director, and after that Acting Deputy Director. He has worked thoroughly with the EB-5 program in personal method. He was elected, as I recognize, vice head of state of the Association to Buy United States, the nationwide industry organization of regional facilities.


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


At many, if all 10,000 ports were used, it would certainly be 1 percent of the immigration yearly to the USA. It is not near that yet, yet it is growing and obtaining toward that. Particularly as USCIS, the company that manages the program, has been read this article making the policies more clear visit here and the processes much more reasonable and clear for the people that are organizing investments and for the capitalists that are spending, even more individuals have actually been eager and able to put effort and cash right into the procedure to locate excellent jobs and create them, and after that more investors have actually agreed to invest their cash and take the danger and make use of the cash to create the work that is the point of the program.


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


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The regional center part of the program is not. It becomes part of an appropriations costs that was passed in 1992, and ever since that program has actually been expanded 5 times for 19 years. It is time for it to be long-term, and it needs to be done now and not nearer to the date of expiration in September.


The process takes an excellent while to develop a project and then to obtain the investors accepted. And they do not desire their money moving via up until they have been approved. And the specter of the expiry of this Regional Facility Program in September is already dissuading the development of tasks.


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I would such as to make clear that the Regional Center Program is not the exact same as the half-million-dollar thing. The concept of half a million or a million is a feature of the index normal EB-5 legislation that belongs to the code. It simply is a reality that a lot of the local centers that are pooling financial investments have established those in places of high joblessness or in backwoods where fifty percent- million-dollar financial investments are allowed, and that makes feeling.

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