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The program is placed in a really strange and non-helpful governmental area for the stimulation of international investment in the United States. Second, its scale is all incorrect. We are distributing way too much for also little of a financial investment. Further, raising financial backing fifty percent a million dollars a tranche is, to state the least, inefficient.

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The regional centers, with their half-million schemes, essentially undercut the a lot more sensible million-dollar part of the EB-5 program. Third, such programs, if we have them whatsoever, as they do in Australia, ought to be regarding creating service entities, not passive investments. It should have to do with creating real tasks, not specify estimations about the indirect development of jobs, which is now component of the legislation.

Probably that is just one of the reasons it has actually fallen short time after time to get to the legal objective of 10,000 investment visas. Fifth, the Regional Center Program is naturally awkward, and the program is as well full of middlemen, both public and private. The program has more than its share of rumors, which I will get into later on if any person is interested.

This is a company that likes to say yes to candidates, yet as the table in my testimony shows, USCIS officers have far more problem with EB-5 applications than others. I assume that is something that no one has actually actually spoken about much. EB5 Regional Center Program. There are high rates of internal rejections in this program and completely reason

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Seventh, in this program visas go to individuals who could not obtain them differently and to individuals whose organized financial investment is actually much less, according to the Federal Reserve, than the typical mean total assets of all American family members in 2007. Allow me increase on among my monitorings.

My estimate based on the financiers' permit applications filed 2 years after the first financial investment-- these are the solid ones that continue to be and are approved. This is 2009-- was that they had regarding $191 million confirmed-- that is my price quote. USCIS does not supply the sort of data that we can use on this.

For every $100 of enhanced international financial investment that year, the EB program contributed one penny. Under a far more wobbly statistical base, the preliminary applications of would-be immigrant financiers, USCIS is telling reporters that the degree of financial investment in the just-concluded year had to do with $1.2 billion. Let us accept that.

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Thank you for listening to me. I expect your comments and questions. [The prepared declaration of David North shows up as a submission for the record.] Chairman Leahy. Thanks. 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 migration method group.

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Divine functioned as Chief Guidance of the USA Citizenship and Migration Solutions from July 2004 up until November 2006, the year in which he was Performing Supervisor, and afterwards Acting Deputy Supervisor. He has actually functioned extensively with go to my blog the EB-5 program in personal practice. He was chosen, as I understand, vice head of state of the Association to Purchase United States, the nationwide industry association of local facilities.

Divine, we are delighted to have you here. Please go ahead, sir. DECLARATION OF ROBERT C. DIVINE, ATTORNEY, 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, Senator Grassley, and others. Thank you for having me.

At most, if all 10,000 ports were utilized, it would be 1 percent of the immigration yearly to the USA. It is not near that yet, yet it is growing and obtaining towards that. Specifically as USCIS, the agency that looks after the program, has actually been making the guidelines clearer and the processes extra rational and clear for individuals who are arranging investments and for the capitalists that are spending, more people have been willing and able to put initiative and money into the procedure to find excellent tasks and create them, and afterwards more capitalists have actually been prepared to spend their money and take the risk and use the cash to create the jobs that is the point of the program.

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These projects do not linger forever, and USCIS understands that and are attempting 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 prepare to reject applications that are not qualifying. And they do so, as was mentioned

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The local center component of the program is not. It becomes part of an appropriations costs that was passed in 1992, and given that then that program has been extended five times for 19 years. It is time for it to be permanent, and it needs to be done currently Our site and not nearer to the date of expiration in September.

The process takes a great while to work up a task and afterwards to obtain the investors authorized. And they do not desire their cash streaming with up until they have been approved. And the specter of the expiration of this Regional Center Program in September is currently discouraging the development of tasks.

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I want to clear up that the Regional Facility Program is not the exact same as the half-million-dollar point. The idea of half a million or a million is a feature of the normal EB-5 law that belongs to the code. It just is a reality that many of the local facilities that are pooling investments have actually set review those instead of high joblessness or in backwoods where half- million-dollar financial investments are permitted, and that makes feeling.

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