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The program is positioned in a very weird and non-helpful administrative location for the stimulation of worldwide investment in the United States. We are giving away also much for too little of an investment.


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The local facilities, with their half-million systems, basically damaged the more practical million-dollar part of the EB-5 program. Third, such programs, if we have them in all, as they do in Australia, ought to have to do with producing organization entities, not easy investments. It must be concerning creating actual work, not elaborate calculations about the indirect creation of jobs, which is now part of the legislation.


Perhaps that is one of the factors why it has fallen short year after year to reach the legislative objective of 10,000 investment visas. Fifth, the Regional Facility Program is naturally awkward, and the program is as well loaded with intermediaries, both public and exclusive. The program has greater than its share of detractions, which I will certainly enter into later if anyone is interested.


This is a firm that likes to say yes to applicants, however as the table in my testimony reveals, USCIS police officers have a lot a lot more trouble with EB-5 applications than others. I think that is something that no one has really spoken around much. EB5 Regional Center Program. There are high rates of interior denials in this program and for good factor


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Seventh, in this program visas go to individuals that could not obtain them otherwise and to individuals whose scheduled financial investment is actually much less, according to the Federal Book, than the ordinary mean web worth of all American family members in 2007. Let me increase on among my observations.


My quote based on the investors' eco-friendly card applications submitted 2 years after the first investment-- these are the solid ones that remain and are approved. This is 2009-- was that they had regarding $191 million validated-- that is my estimate. USCIS does not supply the type of information that we could utilize on this.


So for every $100 of boosted international investment that year, the EB program added one penny. Under a far more wobbly statistical base, the initial applications of prospective immigrant investors, USCIS is informing journalists that the level of 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 expect your remarks and inquiries. [The ready declaration of David North looks like an entry for the record.] Chairman Leahy. Thank you. 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 immigration practice team.


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Divine acted as Principal Advice of the United States Citizenship and Migration Providers from July 2004 till November 2006, the year in which he was Acting Director, and after that Performing Replacement Director. He has worked thoroughly with the EB-5 program in exclusive method. He was elected, as I understand, vice president of the Association to Buy U.S.A., the national sector organization of regional facilities.


Divine, we are thrilled to have you right here. Please proceed, sir. STATEMENT OF ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, PURCHASE THE U.S.A. (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Legislator Grassley, and others. Thank you for having me.


At the majority of, if all 10,000 slots were made use of, it would certainly be 1 percent of the immigration annually to the United States. It is not near that yet, however it is growing and getting toward that. Particularly as USCIS, the agency that supervises the program, has been making the policies clearer and the processes much more logical and clear for individuals who are arranging investments and for the financiers that are investing, more individuals have actually been willing and able to put effort and cash right into the process to locate excellent jobs and create them, and after that extra capitalists have actually been ready to invest their money and take the threat and use the cash to produce the work 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 the program, speed the process - EB5 Regional Center Program. That does not suggest that they are relaxing their scrutiny, and, actually, they prepare to reject applications that are not qualifying. And they do so, as was mentioned


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The regional facility component of the program is not. It becomes part of an appropriations expense that was established in 1992, and considering that check here then that program has actually been prolonged 5 times for 19 years. It is time for it to be irreversible, and it needs to be done currently and not nearer to the day of expiration in September.


The process takes a great while to develop a task and afterwards to obtain the financiers accepted. And they do not want their money flowing through till they have actually 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 Facility Program is not the like the half-million-dollar point. The concept of half a million or a million is a function of the regular EB-5 legislation that is component of the code. It simply is a fact that the majority of the regional centers that are merging financial investments have established those in locations of high joblessness or in backwoods where half- million-dollar financial investments are allowed, which makes good sense.

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