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The program is placed in a really weird and non-helpful governmental area for the stimulation of international financial investment in the United States. We are giving away as well much for as well little of a financial investment.


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The regional facilities, 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 do in Australia, must have to do with producing organization entities, not easy investments. It ought to have to do with developing genuine work, not clarify estimations concerning the indirect production of work, which is currently component of the regulations.


Perhaps that is one of the reasons that it has actually fallen short time after time to reach the legislative objective of 10,000 financial investment visas. Fifth, the Regional Facility Program is naturally clumsy, and the program is as well full of middlemen, both public and private. The program has greater than its share of rumors, which I will certainly get involved in later on if anybody is interested.


This is an agency that loves to claim yes to candidates, but as the table in my testimony shows, USCIS officers have a lot a lot more problem with EB-5 applications than others. I believe that is something that no one has really discussed much. EB5 Regional Center Program. There are high rates of internal denials in this program and for good reason


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Seventh, in this program visas most likely to individuals that could not obtain them otherwise and to individuals whose organized financial investment is really less, according to the Federal Reserve, than the ordinary mean total assets of all American households in 2007. Let me expand on one of my observations.


My quote based on the investors' eco-friendly card applications filed 2 years after the very first investment-- these are the solid ones that remain and are approved. This is 2009-- was that they had concerning $191 million confirmed-- that is my price quote. USCIS does not offer the type of data that we might use on this.


So for each $100 of enhanced international financial investment that year, the EB program added one dime. Under a much extra shaky analytical base, the first applications of prospective immigrant financiers, USCIS is telling reporters that the degree of investment in the just-concluded year was regarding $1.2 billion. Allow us accept that.


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Thank you for paying attention to me. I eagerly anticipate your remarks and concerns. [The ready statement of David North looks like a submission for the document.] 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 company's migration practice team.


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Divine worked as Chief Counsel of the United States Citizenship and Immigration Solutions from July 2004 up until November 2006, the year in which he was Acting Supervisor, and find out here now afterwards Acting Replacement Supervisor. He has worked extensively with the EB-5 program in exclusive technique. He was chosen, as I recognize, vice president of the Association to Buy U.S.A., the nationwide sector association of regional facilities.


STATEMENT OF try this ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE HEAD OF STATE, INVEST IN THE U.S.A. (IIUSA) Mr. Divine. Thank you, Mr. Chairman, Senator Grassley, and others.


At a lot of, if all 10,000 ports were utilized, it would be 1 percent of the immigration annually to the USA. It is not near that yet, but it is expanding and getting towards that. Specifically as USCIS, the firm that looks after the program, has been making the policies more clear and the processes a lot more rational and clear for the people that are arranging investments and for the financiers who are investing, even more individuals have agreed and able to place effort and cash right into the procedure to find good tasks and create them, and afterwards much more financiers have actually wanted to invest their money and take the risk and make use of the money to produce the tasks that is the factor of the program.


Our Eb5 Regional Center Program Statements


These projects do not linger for life, and USCIS comprehends that and are trying to speed the program, speed the procedure - EB5 Regional Center Program. That does see it here not imply that they are relaxing their scrutiny, and, in truth, they are prepared to reject applications that are not qualifying. And they do so, as was discussed


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The regional center part of the program is not. It becomes part of an appropriations costs that was passed in 1992, and given that then that program has actually been extended 5 times for 19 years. It is time for it to be permanent, and it needs to be done currently and not nearer to the day of expiration in September.


The process takes a good while to function up a project and afterwards to get the financiers accepted. And they do not want their cash flowing via up until they have actually been approved. And the specter of the expiration of this Regional Facility Program in September is currently inhibiting the advancement of projects.


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I wish to clear up 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 function of the routine EB-5 regulation that is component of the code. It just is a fact that many of the regional facilities that are merging financial investments have actually set those in places of high unemployment or in backwoods where half- million-dollar investments are allowed, which makes good sense.

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