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The program is positioned in an extremely odd and non-helpful administrative place for the excitement of global financial investment in the United States. We are giving away too much for also tiny of a financial investment.


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The regional facilities, with their half-million systems, essentially damaged the more reasonable million-dollar part of the EB-5 program. Third, such programs, if we have them in all, as they do in Australia, ought to have to do with developing organization entities, not passive investments. It ought to have to do with creating genuine work, not elaborate computations concerning the indirect creation of tasks, which is currently part of the regulations.


Perhaps that is just one of the factors why it has actually stopped working year after year to reach the legislative objective of 10,000 financial investment visas. Fifth, the Regional Facility Program is inherently awkward, and the program is too filled with intermediaries, both public and personal. The program has even more than its share of rumors, which I will get into later on if any person is interested.


This is a company that enjoys to say yes to applicants, but as the table in my testimony shows, USCIS policemans have a lot more difficulty with EB-5 applications than others. I believe that is something that nobody has actually discussed a lot. EB5 Regional Center Program. There are high prices of inner rejections in this program and forever factor


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Seventh, in this program visas most likely to individuals who can not obtain them any type of other method and to individuals whose planned financial investment is actually much less, according to the Federal Reserve, than the ordinary mean net well worth of all American family members in 2007. Let me broaden on among my observations.


My estimate based on the financiers' eco-friendly card applications filed 2 years after the initial investment-- these are the strong ones that stay and are authorized. This is 2009-- was that they had concerning $191 million confirmed-- that is my price quote. USCIS does not offer the kind of information that we can utilize on this.


So for each $100 of raised international financial investment that year, the EB program contributed one penny. Under a far more shaky statistical base, the first applications of would-be immigrant financiers, USCIS is telling reporters that the degree of financial investment in the just-concluded year was regarding $1.2 billion. Let us accept that.


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Thanks for paying attention to me. I expect your comments and concerns. [The prepared declaration of David North looks like an entry for the record.] Chairman Leahy. Thank you. Our following witness is Robert Divine. He is an investor of Baker, Donelson, Bearman, find more Caldwell, and Berkowitz. He is the head of the company's immigration method group.


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Divine worked as Chief Guidance of the USA Citizenship and Immigration Providers from July 2004 until November 2006, the year in which he was Acting Director, and after that Performing Deputy Supervisor. He has worked thoroughly with the EB-5 program in exclusive practice. He was elected, as I comprehend, vice head of state of the Organization to Buy USA, the nationwide industry organization of regional centers.


Divine, we are happy to have you below. Please go ahead, sir. STATEMENT OF ROBERT C. DIVINE, ATTORNEY, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, BUY THE United States (IIUSA) Mr. Divine. Thank you, Mr. Chairman, Senator Grassley, and others. Thanks for having me.


At a lot of, 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, however it is growing and getting toward that. Specifically as USCIS, the company that manages the program, has actually been making the rules clearer and the processes extra logical and clear for the individuals that are organizing investments and for the investors who are investing, more people have been ready and able to place initiative and money right into the procedure to locate good projects and create them, and afterwards a lot more investors have actually been ready to spend their cash and take the risk and use the cash to produce the work that is the point of the program.


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These projects do not linger for life, and USCIS recognizes that and are attempting to speed the program, speed up the process - EB5 Regional Center Program. That does not indicate that they are unwinding their analysis, and, in fact, they are all set to deny applications Click This Link that are not certifying. And they do so, as was discussed


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


The procedure takes a great while to work up a job and after that to official site get the investors authorized. And they do not want their money streaming through up until they have actually been accepted. And the specter of the expiry of this Regional Center Program in September is currently discouraging the advancement of projects.


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I want to clarify that the Regional Facility Program is not the very same as the half-million-dollar thing. The concept of half a million or a million is a feature of the normal EB-5 legislation that becomes part of the code. It just is a fact that a lot of the regional facilities that are merging investments have actually established those in locations of high unemployment or in backwoods where half- million-dollar investments are enabled, which makes sense.

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