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The program is put in an extremely odd and non-helpful governmental area for the excitement of worldwide financial investment in the United States. We are offering away too much for also little of a financial investment.


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The regional centers, with their half-million plans, essentially damaged the a lot more reasonable million-dollar component of the EB-5 program. Third, such programs, if we have them at all, as they carry out in Australia, ought to be regarding developing company entities, not easy investments. It needs to have to do with developing real work, not clarify computations regarding the indirect development of tasks, which is now part of the regulation.


Maybe that is one of the reasons why it has actually failed every year to reach the legislative objective of 10,000 financial investment visas. Fifth, the Regional Center Program is inherently clumsy, and the program is also loaded with middlemen, both public and exclusive. The program has more than its share of scandals, which I will get into later if anybody is interested.


This is a firm that enjoys to claim yes to candidates, however as the table in my testimony shows, USCIS police officers have far more difficulty with EB-5 applications than others. I believe that is something that nobody has actually truly talked around a lot. EB5 Regional Center Program. There are high rates of internal denials in this program and completely factor


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Seventh, in this program visas go to individuals that could not obtain them differently and to individuals whose planned financial investment is really much less, according to the Federal Get, than the average mean total assets of all American households in 2007. Allow me expand on among my observations.


My estimate based upon the investors' permit applications submitted 2 years after the very first financial investment-- these are the strong ones that remain and are authorized. This is 2009-- was that they had about $191 million verified-- that is my price quote. USCIS does not provide the type of information that we could utilize on this.


For every $100 of raised international financial investment that year, the EB program added one penny. Under a much more unsteady analytical base, the initial applications of prospective immigrant financiers, USCIS is informing journalists 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 paying attention to me. I look onward to your comments and concerns. [The ready statement of David North shows up as an entry for the record.] Chairman Leahy. Thank you. 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 technique team.


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Divine served as Principal Counsel of the USA Citizenship and Immigration Providers from July 2004 till November 2006, the year in which he was Acting Supervisor, and afterwards Performing Deputy Director. He has actually functioned thoroughly with the EB-5 program in exclusive practice. He was chosen, as I recognize, vice president of the Association to Invest in USA, the national market association of local.


STATEMENT 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. Thank you, Mr. Chairman, Senator Grassley, and others.


At many, if all 10,000 ports were made use of, it would certainly be 1 percent of the migration yearly to the USA. It is not near that yet, yet home it is expanding and getting towards that. Specifically as USCIS, the company that oversees the program, has actually been making the rules more clear and the processes a lot more logical and clear for the individuals that are arranging investments and for the financiers who are investing, even more individuals have actually wanted and able to place initiative and money right into the process to locate excellent projects and create them, and after that much more investors have actually wanted to invest their money and take the threat and make use of the money to create the work that is the factor of the program.


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These tasks do not linger forever, and USCIS recognizes that and are trying to speed the program, speed the procedure - EB5 Regional Center Program. That does not indicate that they are relaxing their scrutiny, and, actually, they are prepared to refute applications that are not certifying. And they do so, as was discussed


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The regional facility component of the program is not. It becomes part of an appropriations expense that was enacted in 1992, and considering that then that program has actually been expanded 5 times for 19 years. It is time for it to be permanent, and it requires to be done currently and not nearer to the date of expiry in September.


The process takes a great while to function up a task and after that to obtain the investors approved. And they do not want their cash streaming with up until they have been authorized. And the specter of the expiry of this Regional Facility Program in September is already discouraging the advancement of jobs.


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I want to clear up that the Regional Center Program is not the same as the half-million-dollar thing. The concept of half a million or a million is a function of the regular EB-5 regulation that see this page is component of the code. It simply is a reality that many of the regional facilities that are pooling investments have actually established those instead of high joblessness or in rural locations where half- million-dollar financial investments are permitted, navigate to this website and that makes good sense.

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