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The program is positioned in a really odd and non-helpful governmental location for the excitement of worldwide financial investment in the United States. Second, its scale is all wrong. We are distributing excessive for too tiny of an investment. Additionally, elevating equity capital half a million bucks a tranche is, to claim the least, ineffective.


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The local facilities, with their half-million schemes, basically undercut the extra reasonable million-dollar part of the EB-5 program. Third, such programs, if we have them in all, as they perform in Australia, should be about creating service entities, not easy financial investments. It needs to be regarding creating real tasks, not clarify computations regarding the indirect production of work, which is now component of the regulations.


Possibly that is among the reasons that it has actually stopped working time after time to get to the legal objective of 10,000 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 more than its share of scandals, which I will get right into later if any person is interested.


This is a firm that loves to say yes to applicants, but as the table in my testament reveals, USCIS police officers have far more difficulty with EB-5 applications than others. I assume that is something that nobody has actually truly discussed much. EB5 Regional Center Program. There are high rates of interior denials in this program and permanently reason


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Seventh, in this program visas go to people who can not obtain them any kind of other method and to individuals whose scheduled financial investment is actually much less, according to the Federal Book, than the average mean internet well worth of all American families in 2007. Allow me increase on one of my observations.


My price quote based on the investors' environment-friendly card applications submitted 2 years after the very first investment-- these are the solid ones that stay and are approved. This is 2009-- was that they had regarding $191 million verified-- that is my price quote. USCIS does not offer the kind of data that we could use on this.


So for each $100 of enhanced foreign investment that year, the EB program contributed one dime. Under a a lot more wobbly statistical base, the initial applications of potential immigrant financiers, USCIS is informing journalists that the degree of investment in the just-concluded like this year had to do with $1.2 billion. Allow us approve that.


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Thank you for listening to me. I eagerly anticipate your remarks and questions. [The prepared statement of David North looks like a submission 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 team.


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Divine worked as Principal Advice of the USA Citizenship and Migration Solutions from July 2004 until November 2006, the year in which he was Acting Director, and after that Performing Deputy Director. He has actually functioned extensively with the EB-5 program in personal technique. He was elected, as I recognize, vice head of state of the Organization to Invest in U.S.A., the national market organization of local facilities.


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


At many, if all 10,000 slots were used, it would be 1 percent of the migration yearly to the United States. It is not near that yet, but it is expanding and obtaining towards that. Specifically as USCIS, the agency that supervises the program, has been making the guidelines clearer and the processes a lot more reasonable and clear for the individuals that are organizing financial investments and for the capitalists that are investing, more people have actually agreed and able to place effort and money into the process to find good projects and create them, and after that more investors look here have actually been eager to spend their cash and take the risk and make use of the money to create the jobs that is the factor of the program.


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These projects do check this not wait about permanently, and USCIS understands that and are trying to speed the program, speed up the procedure - EB5 Regional Center Program. That does not indicate that they are relaxing their scrutiny, and, in reality, they are prepared to refute applications that are not qualifying. And they do so, as was pointed out


EB5 Regional Center ProgramEB5 Regional Center Program
The local center component of the program is not. It is part of an appropriations bill that was passed in 1992, and because then that program has been prolonged five times for 19 years. It is time for it to be permanent, and it needs to be done now and not nearer to the day of expiration in September.


The process takes a good while to work up a project and then to obtain the financiers accepted. And they do not desire their cash moving with up until they have actually been approved. And the specter of the expiration of this Regional Facility Program in September is currently preventing the advancement of projects.


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I would certainly like to make clear that the Regional Facility Program is not the same as the half-million-dollar thing. The concept of half a million or a million is a function of the regular EB-5 legislation that is component of the code. It simply is a truth that the majority of the regional centers that are pooling financial investments have actually established those instead of high joblessness or in rural areas where half- million-dollar financial investments are permitted, which makes good sense.

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