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Initially, the program is placed in a very weird and non-helpful governmental area for the excitement of global investment in the United States. Second, its scale is all incorrect. We are distributing excessive for too little of an investment. Further, elevating endeavor funding half a million bucks a tranche is, to claim the least, ineffective.

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The regional facilities, with their half-million schemes, basically damaged the a lot more practical 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 producing organization entities, not passive investments. It must be regarding creating actual jobs, not elaborate estimations about the indirect creation of tasks, which is currently component of the legislation.

Probably that is just one of the reasons that it has actually stopped working time after time to reach the legal goal of 10,000 investment visas. Fifth, the Regional Center Program is inherently clumsy, and the program is too loaded with intermediaries, both public and private. The program has greater than its share of rumors, which I will certainly get involved in later on if anyone is interested.

This is a firm that enjoys to state yes to applicants, but as the table in my testimony shows, USCIS policemans have much a lot more trouble with EB-5 applications than others. I think that is something that nobody has truly spoken around a lot. EB5 Regional Center Program. There are high rates of inner rejections in this program and permanently reason

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Seventh, in this program visas go to people that can not get them any type of other means and to individuals whose scheduled financial investment is really less, according to the Federal Book, than the average mean total assets of all American households in 2007. Let me increase on one of my monitorings.

My estimate based upon the capitalists' permit applications submitted 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 use on this.

So for every $100 of boosted international investment that year, the EB program contributed one penny. Under a much a lot more shaky analytical base, the first applications of potential immigrant investors, USCIS is telling reporters that the level of financial investment in the just-concluded year had to do with $1.2 billion. Allow us accept that.

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

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Divine served as Chief Counsel of the United States Citizenship and Immigration Services from July 2004 until November 2006, the year in which he was Acting Director, and after that Performing Deputy Supervisor. He has functioned extensively with the EB-5 program in private method. He was chosen, as I understand, vice head of state of the Organization to Spend in U.S.A., the nationwide market organization of regional facilities.

Divine, we are thrilled to have you below. Please go on, sir. STATEMENT OF ROBERT C. DIVINE, LAWYER, 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. Thanks for having me.

At a lot of, if all 10,000 slots were made use of, it would certainly be 1 percent of the immigration each year to the United States. It is not near that yet, however it is growing and obtaining toward that. Especially as USCIS, the firm that oversees the program, has actually been making the policies more clear and the procedures a lot more logical and clear for individuals who are organizing investments and for the capitalists that are spending, even more individuals have actually agreed and able to put effort and cash into the procedure to discover good jobs and create them, and afterwards much more capitalists have agreed to spend their cash and take the danger and use the cash to create the jobs that is the point of the program.

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These jobs do not wait about permanently, and USCIS understands that and are attempting to speed the program, speed up the process - EB5 Regional Center Program. That does not indicate that they are relaxing their scrutiny, and, in fact, they prepare to refute applications that are not certifying. And they do so, as was pointed out

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The local center part of the program is not. It belongs to an appropriations expense that was enacted in 1992, and since then that program has check here actually been expanded 5 times for 19 years. It is time for it to be irreversible, and it requires to be done currently and not nearer to the date of expiry in September.

The procedure takes an excellent while to develop a job and after that to get the financiers approved. And they do not want their cash moving via till they have been authorized. And the specter of the expiry of this Regional Center Program in September is currently discouraging the advancement of tasks.

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I want to clarify 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 feature of the normal EB-5 regulation that becomes part of the code. It simply is a reality that a lot of the local facilities that are merging investments have set those in places of high joblessness or in backwoods where fifty percent- million-dollar financial investments are allowed, which makes good sense.

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