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The program is put in a very strange and non-helpful bureaucratic location for the stimulation of worldwide financial investment in the United States. We are giving away as well much for as well small of an investment.

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The regional centers, with their half-million plans, basically damaged the more practical million-dollar part of the EB-5 program. Third, such programs, if we have them in any way, as they do in Australia, must be regarding developing organization entities, not passive financial investments. It needs to be about creating genuine jobs, not specify calculations about the indirect production of jobs, which is now part of the legislation.

Maybe that is just one of the reasons it has failed every year to get to the legal objective of 10,000 financial investment visas. Fifth, the Regional Center Program is naturally clumsy, and the program is also loaded with middlemen, both public and personal. The program has greater than its share of scandals, which I will enter into later if anyone is interested.

This is a firm that enjoys to claim yes to candidates, however as the table in my testimony reveals, USCIS policemans have a lot more problem with EB-5 applications than others. I believe that is something that no one has really discussed a lot. EB5 Regional Center Program. There are high prices of internal denials in this program and completely factor

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Seventh, in this program visas go to individuals who might not obtain them differently and to people whose planned financial investment is actually much less, according to the Federal Reserve, than the typical mean total assets of all American households in 2007. Let me broaden on among my observations.

My estimate based on the investors' permit applications filed 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 validated-- that is my quote. USCIS does not offer the sort of information that we can make use of on this.

For every $100 of raised international financial investment that year, the EB program contributed one cent. Under a far more unsteady statistical base, the preliminary applications of prospective immigrant financiers, USCIS is informing 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 eagerly anticipate your comments and inquiries. [The prepared declaration of David North looks like an entry for the record.] Chairman Leahy. Thanks. Our next witness is Robert Divine. He is a shareholder of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the firm's immigration practice team.

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Divine worked as Chief Advice of the United States Citizenship and Migration Providers from July 2004 until November 2006, the year in which he was Acting Director, and afterwards Performing Replacement Supervisor. He has actually functioned thoroughly with the EB-5 program in private practice. He was elected, as I recognize, vice president of the Association to Buy United States, the national market organization of regional facilities.

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

At the majority of, if all 10,000 ports were made use of, it best site would certainly be 1 percent of the migration each year to the USA. It is not near that yet, yet it is growing and getting toward that. Especially as USCIS, the firm that manages the program, has actually been making the guidelines more clear and the procedures much more logical and clear for individuals that are arranging financial investments and for the capitalists that are investing, more individuals have actually agreed and able to place initiative and cash into the process to find good jobs and create them, and after that extra capitalists have been willing to invest their cash and take the risk and use the money to produce the tasks that is the factor of the program.

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These tasks do not linger for life, and USCIS understands that and are trying to speed up the program, speed up the process - EB5 Regional Center Program. That does not mean that they are relaxing their scrutiny, and, in reality, they are prepared to refute applications that are not qualifying. And they do so, as was stated

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The local center component of the program is not. It belongs to an appropriations bill that was enacted in 1992, and ever since that program has been extended 5 times for 19 years. It is time for it to be irreversible, and it requires to be done now and not nearer to the day of expiration in September.

The procedure takes a great while to work up a project and then to get the investors accepted. And they do not desire their money streaming through until they have actually More Info been approved. And the specter of the expiry of this Regional Facility Program in September is already dissuading the advancement of projects.

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I want to make clear that the Regional Discover More Here Facility Program is not the like the half-million-dollar thing. The idea of half a million or a million is a feature of the regular EB-5 law that becomes part of the code. It simply is a reality that many of the local facilities that are merging financial investments have actually set those instead of high joblessness or in backwoods where fifty percent- million-dollar investments are permitted, and that makes sense.

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