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The program is placed in an extremely odd and non-helpful administrative area for the stimulation of worldwide financial investment in the United States. Second, its scale is all incorrect. We are distributing excessive for too little of a financial investment. Even more, elevating equity capital fifty percent a million bucks a tranche is, to claim the least, ineffective.

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The local centers, with their half-million schemes, essentially undercut the much 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, need to be regarding creating business entities, not passive financial investments. It ought to be about producing genuine jobs, not specify calculations concerning the indirect development of jobs, which is currently part of the regulation.

Possibly that is one of the reasons that it has actually failed year after year to get to the legislative objective of 10,000 investment visas. Fifth, the Regional Facility Program is naturally awkward, and the program is too full of intermediaries, both public and private. The program has even more than its share of detractions, which I will get involved in later if anyone is interested.

This is a company that enjoys to say yes to applicants, however as the table in my statement reveals, USCIS policemans have a lot more trouble with EB-5 applications than others. I think that is something that nobody has actually truly talked about a lot. EB5 Regional Center Program. There are high prices of interior rejections in this program and completely reason

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Seventh, in this program visas go to individuals who can not get them otherwise and to individuals whose scheduled investment is really much less, according to the Federal Book, than the typical mean net worth of all American families in 2007. Let me broaden on one of my observations.

My price quote based on the investors' environment-friendly card applications filed 2 years after the very first investment-- these are the solid ones that remain and are accepted. This is 2009-- was that they had regarding $191 million confirmed-- that is my price quote. USCIS does not provide the kind of information that we could utilize on this.

For every $100 of increased foreign financial investment that year, the EB program contributed one dime. Under a far more shaky analytical base, the first applications of potential immigrant capitalists, USCIS is informing journalists that the level of investment in the just-concluded year had to do with $1.2 billion. Let us accept that.

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Thank you for listening to me. I look ahead to your remarks and inquiries. [The prepared declaration of David North looks like a submission for the record.] Chairman Leahy. Thank you. Our following witness is Robert Divine. He is a shareholder of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the company's immigration practice team.

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Divine official website worked as Principal Advice of the USA Citizenship and Immigration Solutions from July 2004 until November 2006, the year in More about the author which he was Acting Supervisor, and then Acting Replacement Director. He has actually functioned thoroughly with the EB-5 program in exclusive method. He was elected, as I recognize, vice head of state of the Organization to Spend in USA, the national industry organization of regional.

Divine, we are thrilled to have you here. Please go in advance, 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. Thanks, Mr. Chairman, Legislator Grassley, and others. Thanks for having me.

At many, if all 10,000 ports were used, it would certainly be 1 percent of the migration annually to the USA. It is not near that yet, yet it is growing and getting towards that. Especially as USCIS, the company that supervises the program, has actually been making the guidelines clearer and the processes much more logical and clear for individuals who are arranging investments and for the financiers that are spending, more individuals have agreed and able to put initiative and cash into the procedure to find excellent projects and create them, and after that extra capitalists have agreed to invest their money and take the threat and make use of the cash to produce the tasks that is the factor of the program.

i thought about this

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These tasks do not wait about permanently, and USCIS understands that and are trying to speed up the program, speed the process - EB5 Regional Center Program. That does not indicate that they are relaxing their scrutiny, and, in truth, they are ready to refute applications that are not qualifying. And they do so, as was stated

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The regional facility part of the program is not. It is part of an appropriations bill that was passed in 1992, and given that then that program has actually been extended 5 times for 19 years. It is time for it to be permanent, and it requires to be done now and not nearer to the date of expiry in September.

The procedure takes a good while to develop a project and afterwards to obtain the financiers accepted. And they do not want their cash flowing through up until they have been accepted. And the specter of the expiry of this Regional Center Program in September is currently preventing the growth of jobs.

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I want to clarify that the Regional Facility Program is not the like the half-million-dollar thing. The concept of half a million or a million is a function of the normal EB-5 regulation that is component of the code. It simply is a truth that the majority of the regional facilities that are merging investments have set those instead of high joblessness or in country areas where half- million-dollar investments are permitted, and that makes good sense.

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