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The program is placed in a very strange and non-helpful governmental location for the excitement of international financial investment in the United States. Second, its range is all incorrect. We are handing out excessive for also little of an investment. Additionally, elevating financial backing fifty percent a million bucks a tranche is, to say the least, ineffective.


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The local facilities, with their half-million plans, essentially undercut the much more practical million-dollar part of the EB-5 program. Third, such programs, if we have them in any way, as they perform in Australia, need to be about creating organization entities, not passive financial investments. It must have to do with developing actual tasks, not specify computations concerning the indirect development of tasks, which is currently part of the legislation.


Perhaps that is one of the reasons that it has actually stopped working time after time to reach the legal objective of 10,000 financial investment visas. Fifth, the Regional Facility Program is inherently awkward, and the program is too loaded with intermediaries, both public and personal. The program has greater than its share of rumors, which I will certainly enter into later if any person is interested.


This is an agency that likes to say yes to candidates, however as the table in my testimony reveals, USCIS officers have far more problem with EB-5 applications than others. I believe that is something that no one has really spoken around a lot. EB5 Regional Center Program. There are high rates of interior denials in this program and completely factor


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Seventh, in this program visas most likely to people that could not obtain them differently and to individuals whose scheduled investment is actually much less, according to the Federal Reserve, than the typical mean internet well worth of all American households in 2007. Let me broaden on one of my observations.


My quote based upon the investors' permit applications filed 2 years after the very first financial investment-- these are the solid ones that continue to be and are accepted. This is 2009-- was that they had concerning $191 million validated-- that is my estimate. USCIS does not provide the sort of information that we might make use of on this.


For every $100 of raised foreign financial investment that year, the EB program added one cent. Under a a lot more wobbly analytical base, the initial applications of would-be immigrant financiers, USCIS is telling journalists that the level of financial investment in the just-concluded year was regarding $1.2 billion. Let us approve that.


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Thank you for paying attention to me. I eagerly anticipate your comments and questions. [The ready statement of David North appears as a submission for the record.] Chairman Leahy. Thanks. Our following witness is Robert Divine. He is an investor of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the company's immigration method team.


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Divine functioned as Chief Advise of the USA Citizenship and Immigration Solutions from July 2004 up until November 2006, the year in which he was Performing Director, and after that Performing Replacement Director. He has worked thoroughly with the EB-5 program secretive practice. He was chosen, as I understand, vice president of the Organization to Invest in U.S.A., the nationwide sector organization of regional.


DECLARATION OF ROBERT C. DIVINE, ATTORNEY, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE HEAD OF STATE, INVEST IN THE United States (IIUSA) Mr. Divine. Thank you, Mr. Chairman, Legislator Grassley, and others.


At most, if all 10,000 slots 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 getting toward that. Particularly as USCIS, the agency that supervises the program, has been making the guidelines here clearer and the processes more sensible and clear for the individuals that are organizing investments and for the capitalists that are investing, more individuals have agreed and able to place initiative and cash into the procedure to discover good tasks and establish them, and after that more capitalists have actually wanted to invest their cash and take the danger and utilize the money to develop the tasks that is the point of the program.


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These jobs do not wait around for life, and USCIS understands that and are trying to speed the program, speed the procedure - EB5 Regional Center Program. That does not suggest that they are relaxing their analysis, and, as a matter of fact, they prepare to deny applications that are not qualifying. And they do so, as was discussed


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The regional center part of the program is not. It belongs to an appropriations costs that was established in 1992, and ever since that program has actually been expanded 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 procedure takes a good while to develop a task and after that to obtain the investors approved. And they do not desire their cash flowing via till they have been accepted. And the specter of the expiry of this Regional Center Program in September is currently inhibiting the growth of jobs.


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I would such as to clear up that the Regional Center Program is not the very same as the half-million-dollar thing. The idea of half a million or a million is a feature of the regular EB-5 regulation that becomes part of the code. It simply is a truth that most of the regional facilities that are pooling financial investments have actually set those in areas of high unemployment or in backwoods where fifty percent- million-dollar financial investments are allowed, and that makes feeling.

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