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The program is put in an extremely weird and non-helpful governmental location for the stimulation of global investment in the United States. Second, its range is all incorrect. We are giving away too much for too small of a financial investment. Additionally, elevating financial backing half a million bucks a tranche is, to state the least, inefficient.


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The regional centers, with their half-million systems, essentially undercut the more practical million-dollar component of the EB-5 program. Third, such programs, if we have them whatsoever, as they do in Australia, must be concerning developing service entities, not easy financial investments. It must be concerning developing actual tasks, not clarify calculations concerning the indirect creation of jobs, which is now part of the regulations.


Perhaps that is one of the reasons it has fallen short time after time to get to the legislative objective of 10,000 investment visas. Fifth, the Regional Facility Program is inherently clumsy, and the program is too full of middlemen, both public and private. The program has greater than its share of rumors, which I will get involved in later if any person is interested.


This is a company that enjoys to say yes to candidates, however as the table in my testimony reveals, USCIS officers have much more problem with EB-5 applications than others. I think that is something that no one has actually actually discussed a lot. EB5 Regional Center Program. There are high rates of internal rejections in this program and completely factor


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Seventh, in this program visas most likely to individuals that could not get them otherwise and to individuals whose organized financial investment is in fact much less, according to the Federal Reserve, than the average mean total assets of all American households in 2007. Allow me broaden on among my monitorings.


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


So for every single $100 of increased international investment that year, the EB program added one cent. Under a far more shaky analytical base, the initial applications of would-be immigrant capitalists, USCIS is telling journalists that the level of financial investment in the just-concluded year had to do with $1.2 billion. Let us accept that.


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Thanks for listening to me. I anticipate your comments find and concerns. [The prepared declaration browse around these guys of David North looks like a submission for the record.] Chairman Leahy. Thank you. Our following witness is Robert Divine. He is an investor of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the company's migration technique group.


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Divine served as Chief Counsel of the United States Citizenship and Immigration Solutions from July 2004 till November 2006, the year in which he was Performing Supervisor, and after that Acting Deputy Supervisor. He has actually functioned thoroughly with the EB-5 program secretive method. He was chosen, as I comprehend, vice head of state of the Association to Invest in United States, the national industry organization of local.


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


At check here many, if all 10,000 slots were utilized, it would be 1 percent of the immigration annually to the United States. It is not near that yet, yet it is expanding and getting toward that. Particularly as USCIS, the agency that oversees the program, has actually been making the rules clearer and the procedures more logical and clear for the individuals who are organizing financial investments and for the investors who are spending, more individuals have actually been prepared and able to put effort and money into the process to find excellent tasks and develop them, and after that a lot more capitalists have actually been ready to invest their money and take the risk and utilize the cash to develop the work that is the point of the program.


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These tasks do not wait about permanently, and USCIS recognizes that and are attempting to speed up the program, speed the procedure - EB5 Regional Center Program. That does not mean that they are relaxing their scrutiny, and, as a matter of fact, they prepare to refute applications that are not certifying. And they do so, as was stated


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The regional facility component of the program is not. It becomes part of an appropriations bill that was enacted in 1992, and ever since that program has been prolonged five times for 19 years. It is time for it to be irreversible, and it requires to be done now and not nearer to the date of expiry in September.


The procedure takes an excellent while to function up a project and after that to obtain the financiers accepted. And they do not want their cash moving through up until they have actually been approved. And the specter of the expiration of this Regional Facility Program in September is already dissuading the development of tasks.


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I would certainly like to clear up that the Regional Center Program is not the same as the half-million-dollar thing. The idea 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 reality that many of the regional facilities that are pooling financial investments have actually established those instead of high joblessness or in country locations where half- million-dollar financial investments are enabled, which makes sense.

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