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The program is positioned in a really weird and non-helpful governmental area for the excitement of worldwide investment in the United States. We are giving away too much for also tiny of a financial investment.


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The local facilities, with their half-million schemes, essentially undercut the much more practical million-dollar part of the EB-5 program. Third, such programs, if we have them whatsoever, as they do in Australia, must be about producing organization entities, not passive financial investments. It should have to do with developing real work, not elaborate computations about the indirect production of work, which is now component of the regulation.


Perhaps that is among the reasons that it has actually fallen short every year to get to the legislative goal of 10,000 investment visas. Fifth, the Regional Facility Program is naturally clumsy, and the program is as well full of middlemen, both public and exclusive. The program has greater than its share of detractions, which I will certainly enter into later if anyone is interested.


This is a firm that enjoys to claim yes to applicants, yet as the table in my statement reveals, USCIS officers have far more problem with EB-5 applications than others. I assume that is something that no one has actually actually talked about much. EB5 Regional Center Program. There are high prices of internal denials in this program and forever factor


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Seventh, in this program visas go to individuals who might not obtain them any various other means and to people whose planned financial investment is in fact less, according to the Federal Reserve, than the ordinary mean web well worth of all American families in 2007. Allow me increase on among my observations.


My price 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 regarding $191 million confirmed-- that is my price quote. USCIS does not give the sort of data that we could utilize on this.


For every $100 of raised foreign investment that year, the EB program added one dime. Under a much extra wobbly analytical base, the initial applications of prospective immigrant financiers, USCIS is informing journalists that the degree of financial investment in the just-concluded year was about $1.2 billion. Allow us approve that.


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Thank you for listening to me. I look forward to your comments and concerns. [The prepared statement of David North looks like a submission 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 acted as Chief Advise of the United States Citizenship and Migration Solutions from July 2004 till November 2006, the year in which he was Acting Director, and afterwards Performing Replacement Director. He has actually functioned extensively with the EB-5 program in personal method. He was chosen, as I recognize, vice head of state of the Organization to Invest in U.S.A., the nationwide sector organization like this of local centers.


Divine, we are thrilled to have you below. Please go ahead, sir. DECLARATION OF ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, INVEST IN THE U.S.A. (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Legislator Grassley, and others. Thanks for having me.


At many, if all 10,000 slots were used, it would certainly be 1 percent of the migration yearly to the United States. It is not near that yet, however it is expanding and getting toward that. Especially as USCIS, the company that looks after the program, has been making the rules clearer and the processes a lot more sensible and clear for individuals that are arranging investments and for the investors that are investing, more people have wanted and able to put effort and money right into the procedure to locate good projects and establish them, and then much more financiers have agreed to invest their money and take the threat see here and make use of the money to create the work that is the factor of the program.


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These projects do not linger permanently, and USCIS understands that and are trying to speed up the program, speed the procedure - EB5 Regional Center Program. That does not imply that they are unwinding their examination, and, actually, they are all set to deny applications that are not certifying. And they do so, as was pointed out


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The local facility part of the program is not. It is component of an appropriations bill that was established in 1992, and ever since that program has actually been prolonged five times for 19 years. It is time for it to be permanent, and it requires to be done now and not nearer to the day of expiration in September.


The procedure takes a great while to function up a task and afterwards to obtain the investors approved. And they do not want their money flowing with up until they have been authorized. And the specter of the expiration of this Regional Center Program this article in September is already preventing the advancement of jobs.


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I would certainly such as to clarify that the Regional Facility Program is not the very same as the half-million-dollar thing. The concept of half a million or a million is a feature of the normal EB-5 regulation that is part of the code. It just is a truth that most of the local centers that are pooling financial investments have actually set those in places of high joblessness or in rural locations where half- million-dollar financial investments are enabled, and that makes sense.

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