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The program is placed in an extremely odd and non-helpful governmental location for the stimulation of international financial investment in the United States. Second, its range is all wrong. We are offering away too much for as well tiny of a financial investment. Better, raising financial backing fifty percent a million dollars a tranche is, to say the least, ineffective.

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The regional centers, with their half-million plans, essentially undercut the more sensible million-dollar component of the EB-5 program. Third, such programs, if we have them in any way, as they perform in Australia, ought to have to do with developing service entities, not passive investments. It should be concerning producing actual jobs, not elaborate calculations about the indirect development of jobs, which is currently part of the legislation.

Possibly that is just one of the factors why it has failed every year to reach the legal objective of 10,000 financial investment visas. Fifth, the Regional Facility Program is naturally awkward, and the program is as well loaded with intermediaries, both public and private. The program has even more than its share of detractions, which I will obtain into later if any person is interested.

This is a company that loves to state 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 assume that is something that no one has truly chatted about a lot. EB5 Regional Center Program. There are high rates of interior rejections in this program and for good reason

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Seventh, in this program visas go to individuals who can not get them differently and to individuals whose planned investment is in fact much less, according to the Federal Get, than the ordinary mean total assets of all American families in 2007. Allow me broaden on among my monitorings.

My estimate based upon the investors' permit applications filed 2 years after the first financial investment-- these are the strong ones that continue to be and are authorized. This is 2009-- was that they had regarding $191 million validated-- that is my estimate. USCIS does not offer the sort of data that we could use on this.

So for every $100 of enhanced foreign investment that year, the EB program contributed one dime. Under a much a lot more shaky analytical base, the preliminary applications of prospective immigrant capitalists, USCIS is informing reporters that the degree of financial investment in the just-concluded year was regarding $1.2 billion. Allow us accept that.

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Thank you for paying attention to me. I eagerly anticipate your comments and inquiries. [The prepared statement of David North shows up as an entry for the record.] Chairman Leahy. Thanks. Our next 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 acted as Principal Counsel of the USA Citizenship Clicking Here and Immigration Solutions from July 2004 up until November 2006, the year in which he was Acting Director, and after that Performing Replacement Supervisor. He has worked extensively with the EB-5 program secretive technique. He was elected, as I understand, vice head of state of the Organization to Spend in USA, the nationwide market organization of regional.

Divine, we are pleased to have you below. Please go in advance, sir. DECLARATION OF ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, PURCHASE THE U.S.A. (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Legislator Grassley, and others. Thank you for having me.

At helpful site most, if all 10,000 ports were utilized, it would certainly be 1 percent of the immigration yearly to the United States. It is not near that yet, yet it is expanding and obtaining toward that. Particularly as USCIS, the firm that supervises the program, has been making the rules clearer and the processes more reasonable and clear for individuals who are arranging investments and for the capitalists that are spending, more people have been eager and able to put effort and cash into the procedure to locate excellent projects and establish them, and after that a lot more investors have agreed to invest their money and take the danger and utilize the cash to create the jobs that is the point of the program.

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These jobs do not linger for discover here life, and USCIS understands that and are trying to speed the program, speed up the procedure - EB5 Regional Center Program. That does not indicate that they are unwinding their scrutiny, and, as a matter of fact, they are all set to reject applications that are not certifying. And they do so, as was mentioned

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The local center component of the program is not. It belongs to an appropriations expense that was established in 1992, and because then that program has actually been prolonged five times for 19 years. It is time for it to be long-term, and it requires to be done now and not nearer to the day of expiry in September.

The process takes a great while to develop a project and afterwards to obtain the capitalists accepted. And they do not want their money streaming with until they have actually been authorized. And the specter of the expiration of this Regional Facility Program in September is currently dissuading the development of jobs.

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I want to clear up that the Regional Center Program is not the like the half-million-dollar thing. The concept of half a million or a million is a function of the routine EB-5 law that is part of the code. It just is a fact that a lot of the local facilities that are merging investments have actually set those in places of high joblessness or in backwoods where half- million-dollar financial investments are allowed, which makes feeling.

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