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Initially, the program is positioned in a very strange and non-helpful bureaucratic place for the excitement of global investment in the United States. Second, its range is all incorrect. We are handing out way too much for also small of a financial investment. Even more, elevating financial backing fifty percent a million dollars a tranche is, to say the least, inefficient.

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The regional facilities, with their half-million plans, essentially damaged the more practical million-dollar component of the EB-5 program. Third, such programs, if we have them at all, as they perform in Australia, need to be about producing business entities, not passive investments. It needs to be about creating real tasks, not elaborate computations regarding the indirect creation of work, which is now component of the legislation.

Maybe that is just one of the factors why it has stopped working time after time to reach the legislative goal of 10,000 financial investment visas. Fifth, the Regional Facility Program is naturally awkward, and the program is too full of middlemen, both public and private. The program has even more than its share of scandals, which I will obtain into later on if any person is interested.

This is a firm that loves to state yes to candidates, but as the table in my testament shows, USCIS policemans have far more problem with EB-5 applications than others. I assume that is something that no one has truly spoken about much. EB5 Regional Center Program. There are high rates of internal denials in this program and permanently reason

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Seventh, in this program visas go to individuals who could not obtain them differently and to people whose planned financial investment is actually much less, according to the Federal Reserve, than the typical mean net worth of all American family members in 2007. Allow me broaden on one of my monitorings.

My quote based upon the capitalists' permit applications submitted 2 years after the first financial investment-- these are the strong ones that stay and are accepted. This is 2009-- was that they had regarding $191 million verified-- that is my quote. USCIS does not provide the kind of data that we might use on this.

For every $100 of increased international investment that year, the EB program added one dime. Under a far more shaky analytical base, the first applications of prospective immigrant investors, USCIS is telling reporters that the degree of investment in the just-concluded year had to do with $1.2 billion. Let us approve that.

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Thanks for paying attention to me. I look ahead to your remarks and concerns. [The prepared declaration of David North looks like a submission for the document.] Chairman Leahy. Thanks. Our next witness is Robert Divine. He is a shareholder of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the company's migration technique team.

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Divine offered as Chief Advice of the United States Citizenship and Immigration Providers from July 2004 till November 2006, the year in which he was Acting Director, and after that Performing Replacement Supervisor. He has worked thoroughly with the EB-5 program in private technique. He was elected, as I understand, vice president of the Association to Buy U.S.A., the nationwide market association of local centers.

Divine, we are delighted to have you below. Please proceed, sir. DECLARATION OF ROBERT C. DIVINE, ATTORNEY, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, BUY THE U.S.A. (IIUSA) Mr. Divine. Thank you, Mr. Chairman, Senator Grassley, and others. Thank you for having me.

At many, if all 10,000 ports were used, it would certainly be 1 percent of the immigration each year to the United States. It is not near that yet, yet it is growing and obtaining towards that. Especially as USCIS, the agency that looks after the program, has actually been making the guidelines more clear and the processes extra sensible and clear for the individuals that are organizing financial investments and for the financiers who are investing, even more individuals have been prepared and able to place initiative and money into the EB5 Regional Center Program process to discover great tasks and create them, and after that more financiers have actually wanted to invest their cash and take the danger and use the cash to develop the jobs that is the factor of the program.

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These jobs do not wait about for life, and USCIS recognizes that and are attempting to speed up the program, speed up the procedure - EB5 Regional Center Program. That does not imply that they are relaxing their examination, and, actually, they are all set to deny applications that are not certifying. And they do so, as was mentioned

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The regional facility component of the program is not. It becomes part of an appropriations bill that was established in 1992, and since then that program has actually been extended 5 times for 19 years. It is time for it to be long-term, and it needs to be done now and not nearer to the date of expiry in September.

The process takes a great while to work up a job and after that to get the capitalists approved. And they do not desire their money streaming via up until they have actually been authorized. And the specter of the expiry of this Regional Facility Program in September is already discouraging the growth of projects.

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I want to clarify that the Regional Center Program is not the like the half-million-dollar point. The concept of half a million or a million is a feature of the normal EB-5 regulation that belongs to the code. It just is a reality that the majority of the regional centers that are pooling investments have established those in places of high unemployment or in country locations where fifty percent- million-dollar financial investments are allowed, and that makes good sense.

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