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Initially, the program is put in a very weird and non-helpful governmental place for the excitement of worldwide investment in the USA. Second, its range is all wrong. We are offering away excessive for as well small of a financial investment. Even more, elevating financial backing fifty percent a million dollars a tranche is, to state the least, inefficient.


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The regional centers, with their half-million schemes, essentially undercut the much more practical million-dollar part of the EB-5 program. Third, such programs, if we have them whatsoever, as they perform in Australia, must have to do with creating company entities, not passive investments. It must be regarding producing genuine tasks, not clarify computations regarding the indirect creation of jobs, which is now component of the regulation.


Maybe that is just one of the reasons that it has actually fallen short year after year to reach the legislative goal of 10,000 financial investment visas. Fifth, the Regional Facility Program is inherently clumsy, and the program is also full of intermediaries, both public and personal. The program has greater than its share of rumors, which I will certainly get into later on if any person is interested.


This is a firm that enjoys to claim yes to applicants, but as the table in my testimony shows, USCIS police officers have a lot more difficulty with EB-5 applications than others. I think that is something that no one has really discussed much. EB5 Regional Center Program. There are high rates of inner denials in this program and for good factor


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Seventh, in this program visas most likely to people that can not get them differently and to people whose scheduled investment is actually much less, according to the Federal Book, than the average mean net well worth of all American families in 2007. Let me increase on one of my monitorings.


My estimate based on the capitalists' copyright applications submitted 2 years after the initial investment-- these are the strong ones that continue to be and are approved. This is 2009-- was that they had regarding $191 million verified-- that is my estimate. USCIS does not give the kind of information that we could utilize on this.


So for every single $100 of increased foreign financial investment that year, the EB program added one penny. Under a a lot more wobbly statistical base, the initial applications of potential immigrant financiers, USCIS is telling journalists that the level of 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 comments and questions. [The ready statement of David North looks like an entry for the record.] more tips here Chairman Leahy. Thank you. Our following witness is Robert Divine. He is a shareholder of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the company's migration practice team.


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Divine acted as Principal Counsel of the United States Citizenship and Migration Solutions from July 2004 till November 2006, the year see this in which he was Performing Director, and after that Performing Deputy Director. He has actually functioned thoroughly with the EB-5 program secretive practice. He was elected, as I comprehend, vice head of state of the Association to Purchase U.S.A., 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 PRESIDENT, INVEST IN THE USA (IIUSA) Mr. Divine. Thank you, Mr. Chairman, Legislator Grassley, and others.


At many, if all 10,000 ports were used, it would be 1 percent of the immigration every year to the USA. It is not near that yet, yet it is expanding and obtaining towards that. Especially as USCIS, the company that manages the program, has been making the guidelines clearer and the processes much more logical and clear for individuals that are arranging financial investments and for the financiers who are investing, more individuals have actually agreed and able to put effort and cash into the procedure to locate great projects and create them, and after that a lot more financiers have agreed to spend their cash and take the danger and use the cash to produce the jobs that is the factor of the program.


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These projects do not linger for life, and USCIS comprehends that and are attempting to speed the program, speed up the process - EB5 Regional Center Program. That does not mean that they are unwinding their analysis, and, as a matter of fact, they are prepared to refute this hyperlink applications that are not qualifying. And they do so, as was pointed out


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The local center component of the program is not. It is part of an appropriations costs that was passed in 1992, and given that then that program has been prolonged 5 times for 19 years. It is time for it to be long-term, and it requires to be done now and not nearer to the date of expiration in September.


The procedure takes a great while to function up a task and after that to obtain the capitalists accepted. And they do not desire their cash streaming with up until they have been approved. And the specter of the expiration of this Regional Facility Program in September is currently discouraging the development of jobs.


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I would certainly like to make clear that the Regional Center Program is not the like the half-million-dollar thing. The idea of half a million or a million is a feature of the routine EB-5 legislation that is part of the code. It simply is a truth that the majority of the local centers that are pooling investments have set those in areas of high unemployment or in backwoods where half- million-dollar investments are allowed, and that makes good sense.

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