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The program is put in a really strange and non-helpful governmental area for the stimulation of global financial investment in the United States. We are giving away as well much for too tiny of an investment.


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The local facilities, with their half-million schemes, essentially damaged the more practical million-dollar part of the EB-5 program. Third, such programs, if we have them whatsoever, as they perform in Australia, need to be concerning creating service entities, not easy financial investments. It needs to have to do with developing actual work, not specify estimations concerning the indirect production of work, which is currently part of the legislation.


Possibly that is one of the reasons that it has stopped working time after time to get to the legislative objective of 10,000 investment visas. Fifth, the Regional Center Program is inherently awkward, and the program is too full of middlemen, both public and exclusive. The program has even more than its share of scandals, which I will certainly get into later if any person is interested.


This is a company that likes to claim yes to candidates, but as the table in my testament reveals, USCIS policemans have far more problem with EB-5 applications than others. I believe that is something that no one has really discussed a lot. EB5 Regional Center Program. There are high prices of inner rejections in this program and permanently factor


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Seventh, in this program visas most likely to people who can not get them any kind of other means and to people whose scheduled investment is in fact less, according to the Federal Book, than the average mean internet well worth of all American family members in 2007. Allow me increase on among my observations.


My quote based on the financiers' permit applications submitted 2 years after the very first investment-- these are the strong ones that remain and are authorized. This is 2009-- was that they had regarding $191 million verified-- that is my estimate. USCIS does not give the type of information that we can use on this.


For every $100 of boosted foreign financial investment that year, the EB program contributed one cent. Under a far more unsteady analytical base, the initial applications of would-be immigrant financiers, USCIS is informing journalists that the degree of financial investment in the just-concluded year was about $1.2 billion. Let us approve that.


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Thanks for listening to me. I anticipate your comments and questions. [The prepared declaration of David North shows up as an entry for the document.] 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 firm's migration practice group.


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Divine acted as Chief Guidance of the USA Citizenship and Immigration Providers from July 2004 till November 2006, the year in which he was Performing Supervisor, and afterwards Acting Replacement Supervisor. He has actually functioned extensively with the EB-5 program in personal practice. He was elected, as I understand, vice president of the Association to Invest in United States, the national sector organization of regional.


DECLARATION OF ROBERT C. DIVINE, LAWYER, 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, Senator Grassley, and others.


At a lot of, if all 10,000 slots were used, it would be 1 percent of the migration every year to the USA. It is not near that yet, but it is expanding and getting towards that. Especially as USCIS, the agency that manages the program, has actually been making the rules clearer and the processes a lot more reasonable and clear for the individuals who are organizing financial investments and for the financiers who are investing, more individuals have agreed and able to place initiative and money into the process to find great jobs and develop them, and then a get more info lot more financiers have wanted to invest their money and take the risk and utilize the cash to create the tasks that is the point of the program.


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These projects do not linger permanently, and USCIS recognizes that and are attempting to speed the program, speed the procedure - EB5 Regional Center Program. That does not suggest that they are unwinding their analysis, and, actually, they prepare to deny applications that are not certifying. And they do so, as was mentioned


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The local facility component of the program is not. It belongs to an appropriations bill that was passed in 1992, and given that then that program has been expanded 5 times for 19 years. It is time for it to be permanent, and it requires to be done currently and not nearer to the day of expiry in September.


The process takes an excellent while to work up a task and after that to obtain the financiers approved. And they do not want their cash flowing through until they have been accepted. And the specter of the expiry of this Regional Center Program in September is already preventing the advancement of jobs.


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I would love to make clear that the Regional Center Program is not the exact same as the half-million-dollar thing. The idea of half a million or a million is a function of the routine EB-5 legislation that becomes part of the code. It just is a truth that many of the regional centers that are merging investments have set those in locations of high unemployment or in backwoods where half- million-dollar investments are enabled, which makes sense.

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