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The program is put in a very odd and non-helpful administrative area for the stimulation of global financial investment in the United States. Second, its range is all incorrect. We are providing away way too much for too tiny of a financial investment. Better, elevating financial backing half a million bucks a tranche is, to say the least, ineffective.

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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 in all, as they do in Australia, need to have to do with producing company entities, not passive investments. It must be regarding developing real work, not clarify computations regarding the indirect production of tasks, which is currently part of the regulation.

Probably that is one of the reasons it has fallen short time after time to reach the legislative goal of 10,000 investment visas. Fifth, the Regional Center Program is naturally clumsy, and the program is also loaded with intermediaries, both public and personal. The program has greater than its share of scandals, which I will certainly obtain right into later on if anybody is interested.

This is a firm that likes to say yes to candidates, yet as the table in my statement reveals, USCIS police officers have a lot more difficulty with EB-5 applications than others. I believe that is something that nobody has actually really chatted around much. EB5 Regional Center Program. There are high rates of internal rejections in this program and permanently reason

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Seventh, in this program visas go to individuals that can not get them otherwise and to people whose organized financial investment is actually less, according to the Federal Reserve, than the ordinary mean net well worth of all American families in 2007. Allow me increase on among my monitorings.

My quote based upon the capitalists' permit applications filed 2 years after the initial investment-- these are the solid ones that stay and are accepted. This is 2009-- was that they had concerning $191 million validated-- that is my estimate. USCIS does not give the type of information that we might make use of on this.

So for every single $100 of boosted foreign financial investment that year, the EB program contributed one cent. Under a a lot more wobbly analytical base, the initial applications of prospective immigrant capitalists, 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 paying attention to me. I eagerly anticipate your remarks and questions. [The prepared statement of David North looks like an entry for the record.] Chairman Leahy. Thank you. Our next witness is Robert Divine. He is a shareholder here 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 Principal Guidance of the United States Citizenship and Immigration Solutions from July 2004 until November 2006, the year in which he was Acting Supervisor, and afterwards Performing Deputy Supervisor. He has functioned thoroughly with the EB-5 program in private technique. He was chosen, as I comprehend, vice president of the Association to Purchase USA, the national market association of local centers.

Divine, we are thrilled to have you right here. Please proceed, sir. DECLARATION OF ROBERT C. DIVINE, ATTORNEY, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE HEAD OF STATE, PURCHASE THE USA (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Senator Grassley, and others. Thanks 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, but it is growing and getting toward that. Specifically as USCIS, the company that oversees the program, has been making the guidelines clearer and the processes a lot more rational and clear for individuals that are arranging financial investments and for the capitalists who are investing, even more individuals have wanted and able to place initiative and cash into the process to find good tasks and establish them, and after that extra financiers have actually been eager to spend their cash and take the threat and utilize the cash to create the jobs that is the point of the program.

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These projects do not wait around forever, and USCIS understands that and are attempting to speed up the program, speed the process - EB5 Regional Center Program. That does not indicate that they are relaxing their scrutiny, and, as a matter of fact, they prepare to reject applications that are not certifying. And they do so, as was discussed

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The local center component of the program is not. It becomes part of an appropriations expense that was enacted in 1992, and ever since that program has actually been extended 5 times for 19 years. It is time for it to be long-term, and it needs to be done currently and not nearer to the day of expiry in September.

The procedure takes a good while to develop a project and afterwards to get the investors approved. And they do not desire their cash moving through until they have actually been authorized. And the specter of the expiration of this Regional Facility Program in September is currently preventing the development of projects.

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I wish to make clear 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 function of the regular EB-5 law that is component of the code. It just is a truth that a lot of the local facilities that are merging financial investments have set those in areas of high joblessness or in rural areas where half- million-dollar investments are permitted, and that makes good sense.

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