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The program is put in a really odd and non-helpful administrative place for the excitement of global investment in the United States. Second, its scale is all wrong. We are handing out way too much for also little of a financial investment. Even more, raising equity capital half a million bucks a tranche is, to say the least, inefficient.


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The local centers, with their half-million schemes, basically damaged the much more sensible million-dollar component of the EB-5 program. Third, such programs, if we have them whatsoever, as they do in Australia, should have to do with producing company entities, not easy financial investments. It must be about developing genuine work, not elaborate calculations regarding the indirect development of tasks, which is currently component of the regulations.


Probably that is just one of the reasons that it has failed year after year to get to the legal objective of 10,000 financial investment visas. Fifth, the Regional Facility Program is naturally awkward, and the program is as well full of intermediaries, both public and personal. The program has even more than its share of rumors, which I will certainly get involved in later on if anybody is interested.


This is a firm that loves to claim yes to candidates, yet as the table in my testament reveals, USCIS officers have a lot more problem with EB-5 applications than others. I assume that is something that nobody has truly chatted around a lot. EB5 Regional Center Program. There are high prices of internal denials in this program and completely reason


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Seventh, in this program visas go to people that might not get them differently and to people whose organized investment is in fact much less, according to the Federal Get, than the ordinary mean total assets of all American family members in 2007. Let me expand on among my observations.


My price quote based on the financiers' permit applications filed 2 years after the very first financial investment-- these are the solid ones that remain and are authorized. This is 2009-- was that they had regarding $191 million confirmed-- that is my estimate. USCIS does not offer the kind of data that we could use on this.


So for each $100 of increased foreign investment that year, the EB program contributed one dime. Under a much a lot more shaky analytical base, the preliminary applications of would-be immigrant investors, USCIS is informing journalists that the degree of investment in the just-concluded year was concerning $1.2 billion. Let us accept that.


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Thanks for listening to me. I look ahead to your comments and concerns. [The ready declaration of David North appears as an entry for the document.] Chairman Leahy. Thank you. 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 migration practice group.


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Divine served as Chief Advise of the United States Citizenship and Migration Services from July 2004 up until November 2006, the year in which he was Acting Supervisor, and then Acting Deputy Director. He has actually functioned thoroughly with the EB-5 program secretive practice. He was chosen, as I comprehend, vice president of the Organization to Purchase United States, the national industry organization of local facilities.


Divine, we are thrilled to have you right here. Please proceed, sir. DECLARATION OF ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE HEAD OF STATE, BUY THE USA (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 would certainly be 1 percent of the immigration every year to the USA. It is not near that yet, but it is growing and getting toward that. Especially as USCIS, the agency that looks after the program, has actually been making the rules clearer and the procedures a lot more logical and clear for individuals who are organizing investments and for the investors that are investing, more people have actually agreed and able to place effort and money right into the procedure to find good projects and develop them, and afterwards extra investors have been willing to spend their check here cash and take the danger and utilize the cash to produce the tasks that is the point of the program.


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These tasks do not linger for life, and USCIS comprehends that and are attempting to speed the program, speed the procedure - EB5 Regional Center Program. That does not imply that they are unwinding their analysis, and, in fact, they are ready to refute applications that are not certifying. And they do so, as was stated


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The local facility component of the program is not. It becomes part of an appropriations costs that was enacted in 1992, and considering that then that program has actually been prolonged 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 date of expiration in September.


The procedure takes a good while to work up a task and then to get the capitalists approved. And they do not desire their money streaming through till they have been accepted. And the specter of the expiry of this Regional Facility Program in September is already discouraging the growth of jobs.


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I would certainly such as to make clear that the Regional Facility Program is not the like the half-million-dollar point. The concept of half a million or a million is a feature of the routine EB-5 legislation that is part of the code. It just is a truth that many of the local facilities that are pooling investments have established those in places of high unemployment or in rural locations where half- million-dollar investments are permitted, and that makes good sense.

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