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Initially, the program is positioned in a really strange and non-helpful governmental area for the excitement of worldwide financial investment in the United States. Second, its range is all incorrect. We are distributing as well much for as well little of a financial investment. Better, increasing equity capital 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 damaged the more reasonable million-dollar part of the EB-5 program. Third, such programs, if we have them at all, as they do in Australia, must be about developing business entities, not easy financial investments. It ought to be about developing genuine jobs, not elaborate calculations about the indirect development of work, which is currently component of the legislation.


Maybe that is among the reasons it has actually fallen short year after year to get to the legal objective of 10,000 financial investment visas. Fifth, the Regional Facility Program is inherently clumsy, and the program is as well full of intermediaries, both public and private. The program has greater than its share of scandals, which I will enter later if anybody is interested.


This is a firm that loves to say yes to candidates, but as the table in my testimony reveals, USCIS policemans have far more trouble with EB-5 applications than others. I think that is something that no one has truly spoken about a lot. EB5 Regional Center Program. There are high prices of internal denials in this program and for good reason


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Seventh, in this program visas most likely to people that might not obtain them otherwise and to people whose scheduled financial investment is really much less, according to the Federal Reserve, than the ordinary mean total assets of all American households in 2007. Allow me broaden on one of my monitorings.


My quote based on the investors' permit applications filed 2 years after the initial investment-- these are the strong ones that remain and are authorized. This is 2009-- was that they had concerning $191 million confirmed-- that is my estimate. USCIS does not offer the kind of information that we can make use of on this.


For every $100 of increased international financial investment that year, the EB program contributed one cent. Under a much a lot more shaky statistical base, the initial applications of prospective immigrant financiers, USCIS is telling reporters that the degree of investment in the just-concluded year had to do with $1.2 billion. Let us accept that.


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Thanks for paying attention to me. I anticipate your comments and inquiries. [The prepared declaration of David North appears as a submission for the record.] Chairman Leahy. Thanks. 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 migration practice team.


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Divine served as Chief Advise of the United States Citizenship and Migration Services from July 2004 till November 2006, the year in which he was Acting Supervisor, and after that Acting Replacement Director. He has functioned extensively useful link with the EB-5 program in private method. He was elected, as I understand, vice president of the Association to Spend in USA, the nationwide industry organization of regional.


Divine, we are happy to have you here. Please go on, sir. STATEMENT OF ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, PURCHASE THE United States (IIUSA) Mr. Divine. Thank you, Mr. Chairman, Senator Grassley, and others. Thanks for having me.


At most, if all 10,000 ports were made use of, it would certainly be 1 percent of the immigration each year to the United States. It is not near that yet, yet it is expanding and obtaining towards that. Particularly as USCIS, the company that looks after the program, has actually been visit making the rules clearer and the procedures a lot more rational and clear for individuals that are organizing financial investments and for the capitalists that are investing, more people have actually been prepared and able to place initiative and money right into the process to find good jobs and establish them, and then extra financiers have wanted to invest their cash and take the risk and use the cash to develop the work that is the factor of the program.


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These jobs do not linger permanently, and USCIS understands that and are attempting to speed up the program, speed the procedure - EB5 Regional Center Program. That does not mean that they are unwinding their scrutiny, and, as a matter of fact, they prepare to refute applications that are not qualifying. And they do so, as was mentioned


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The regional center component of the program is not. It becomes part of an appropriations expense that was established in 1992, and ever since that program has actually been prolonged 5 times for 19 years. It is time for it to be irreversible, and it requires to be done currently and not nearer to the day of expiration in September.


The process takes a good while to work up a project and then to obtain the investors approved. And they pop over here do not desire their cash moving via till they have actually been accepted. 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 Center Program is not the like the half-million-dollar point. The concept of half a million or a million is a function of the regular EB-5 law that belongs to the code. It simply is a fact that most of the local facilities that are pooling investments have set those instead of high joblessness or in country areas where half- million-dollar financial investments are enabled, which makes good sense.

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