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The program is positioned in a very weird and non-helpful bureaucratic place for the stimulation of global investment in the United States. Second, its range is all wrong. We are handing out as well much for also tiny of an investment. Additionally, raising venture capital half a million dollars a tranche is, to say the least, inefficient.

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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 whatsoever, as they do in Australia, ought to have to do with developing business entities, not easy investments. It needs to be regarding producing genuine work, not clarify computations concerning the indirect production of tasks, which is now component of the legislation.

Possibly that is one of the factors why it has actually fallen short year after year to get to the legislative goal of 10,000 investment visas. Fifth, the Regional Facility Program is naturally awkward, and the program is also loaded with intermediaries, both public and personal. The program has more than its share of scandals, which I will get right into later if anybody is interested.

This is a firm that loves to claim yes to candidates, but as the table in my testimony reveals, USCIS policemans have far more problem with EB-5 applications than others. I believe that is something that no one has really talked around a lot. EB5 Regional Center Program. There are high rates of inner rejections in this program and for good factor

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Seventh, in this program visas most likely to individuals who could not obtain them otherwise and to people whose organized financial investment is actually less, according to the Federal Get, than the ordinary mean total assets of all American households in 2007. Allow me increase on among my observations.

My price quote based on the investors' permit applications filed 2 years after the initial financial investment-- these are the solid ones that stay and are authorized. This is 2009-- was that they had about $191 million verified-- that is my estimate. USCIS does not give the kind of data that we could utilize on this.

So for every $100 of enhanced foreign financial investment that year, the EB program added one penny. Under a a lot more shaky analytical base, the first applications of potential immigrant capitalists, USCIS is telling reporters that the degree of click here financial investment in the just-concluded year was about $1.2 billion. Let us accept that.

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Thanks for paying attention to me. I anticipate your remarks and concerns. [The prepared statement of David North looks like a submission for the record.] Chairman Leahy. Thanks. Our following witness is Robert Divine. He is a shareholder of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the firm's immigration method team.

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Divine worked as Principal Advice of the United States Citizenship and Migration Providers from July 2004 up until November 2006, the year in which he was Acting Supervisor, and then Performing Replacement Director. He has actually worked thoroughly with the EB-5 program in exclusive method. He was elected, as I recognize, vice head of state of the Association to Invest in United States, the nationwide sector organization of local facilities.

STATEMENT 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 the majority of, if all 10,000 ports were utilized, it would certainly be 1 percent of the immigration each year to the USA. It is not near that yet, but it is expanding and obtaining toward that. Specifically as USCIS, the company that oversees the program, has been making the regulations clearer and the procedures a lot more rational and clear for the people who are organizing financial investments and for the investors that are spending, even more people have agreed and able to put effort and cash into the procedure to locate great tasks and develop them, and after that much more financiers have actually wanted to invest their cash and take the threat and use the cash to develop the jobs that is the point of the program.

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These jobs do not linger forever, and USCIS recognizes that and are attempting to speed up the program, speed the process - EB5 Regional Center Program. That does not suggest that they are unwinding their scrutiny, and, actually, they prepare to refute applications that are not qualifying. And they do so, as was stated

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The regional facility component of the program is not. It belongs to an appropriations expense that was passed in 1992, and since then that program has actually been expanded 5 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 procedure takes a great while to function up a job and afterwards to obtain the financiers approved. And they do not desire their money streaming via until they have actually been accepted. And the specter of the expiration of this Regional Facility Program in September is currently inhibiting the growth of tasks.

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I want to clear up that the Regional Center Program is not the like the half-million-dollar thing. The concept of half a million or a million is a feature of the routine EB-5 regulation that belongs to the code. It simply is a truth that the majority of the regional centers that are pooling investments have actually set those instead of high unemployment or in rural locations where half- million-dollar financial investments are permitted, which makes sense.

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