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The program is put in a really odd and non-helpful governmental location for the stimulation of global financial 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, essentially damaged the a lot more reasonable million-dollar part of the EB-5 program. Third, such programs, if we have them at all, as they do in Australia, should be about creating organization entities, not passive investments. It must be regarding creating real tasks, not specify computations concerning the indirect production of tasks, which is now component of the regulations.

Possibly that is one of the reasons it has failed year after year to get to the legal objective of 10,000 investment visas. Fifth, the Regional Facility Program is naturally awkward, and the program is as well filled up with intermediaries, both public and personal. The program has greater than its share of detractions, which I will certainly enter into later if any person is interested.

This is a company that likes to claim yes to candidates, however as the table in my testimony shows, USCIS officers have much a lot more trouble with EB-5 applications than others. I think that is something that no one has actually actually discussed much. EB5 Regional Center Program. There are high prices of interior denials in this program and permanently factor

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Seventh, in this program visas go to people that could not get them otherwise and to people whose organized investment is really much less, according to the Federal Reserve, than the average mean total assets of all American family members in 2007. Let me broaden on one of my observations.

My estimate based on the investors' permit applications filed 2 years after the very first investment-- these are the solid ones that stay and are accepted. This is 2009-- was that they had about $191 million confirmed-- that is my quote. USCIS does not give the sort of information that we could utilize on this.

For every $100 of enhanced international financial investment that year, the EB program contributed one penny. Under a much a lot more shaky analytical base, the preliminary applications of potential immigrant investors, USCIS is informing journalists that the degree of investment in the just-concluded year was regarding $1.2 billion. Allow us approve that.

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Thank you for listening to me. I expect your comments and questions. [The ready declaration of David North appears as an entry for the record.] Chairman Leahy. Thanks. Our following witness is Robert Divine. He is an investor of Baker, Donelson, Bearman, Caldwell, read more and Berkowitz. He is the head of the firm's migration method team.

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Divine acted as Chief Advice of the USA Citizenship and Immigration Services from July 2004 till November 2006, the year in which he was Performing Supervisor, and afterwards Acting Deputy Director. He has actually worked thoroughly with the EB-5 program in personal method. He was chosen, as I comprehend, vice president of the Organization to Invest in USA, the national industry organization of regional facilities.

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

At the majority of, if all 10,000 ports were utilized, it would be 1 percent of the immigration yearly to the United States. It is not near that yet, but it is expanding and getting toward that. Especially as USCIS, the company that manages the program, has been making the policies clearer and the procedures a lot more rational and clear for individuals who are arranging financial investments and for the financiers who are investing, even more people have actually wanted and able to place effort and money right into the process to find excellent jobs and establish them, and afterwards much more financiers have been willing to spend their money and take the risk and utilize the cash to produce the jobs that is the point of the program.

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These jobs do not wait about permanently, and USCIS recognizes that and are attempting to speed the program, speed the procedure - EB5 Regional Center Program. That does not indicate that they are relaxing their analysis, and, actually, they are prepared to deny applications that are not certifying. And they do so, as was mentioned

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The regional facility part of the program is not. It becomes part of an appropriations expense that was passed in 1992, and ever since that program has been extended 5 times for 19 years. It is time for it to be long-term, and it needs to be done currently and not nearer to the date of expiry in September.

The process takes a great while to function up a task and after that to get the capitalists accepted. And they do not want their cash streaming with till they have actually been authorized. And the specter of the expiry of this Regional Facility Program in September is currently inhibiting the advancement of jobs.

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I wish to clarify that the Regional Facility Program is not the like the half-million-dollar thing. The idea of half a million or a million is a function of the normal EB-5 law that is part of the code. It just is a fact that a lot of the regional centers that are pooling financial investments have set those instead of high joblessness or in backwoods where fifty percent- million-dollar investments are permitted, and that makes feeling.

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