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The program is put in an extremely odd and non-helpful bureaucratic place for the stimulation of international investment in the United States. We are offering away as well much for as well small of an investment.




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The regional facilities, with their half-million systems, essentially undercut the extra sensible million-dollar part of the EB-5 program. Third, such programs, if we have them at all, as they do in Australia, ought to be regarding developing business entities, not easy financial investments. It needs to have to do with developing actual work, not specify estimations concerning the indirect development of tasks, which is now part of the legislation.


Perhaps that is just one of the reasons it has actually fallen short year after year to reach the legislative objective of 10,000 investment visas. Fifth, the Regional Facility Program is inherently clumsy, and the program is too full of intermediaries, both public and exclusive. The program has more than its share of rumors, which I will certainly get right into later if anyone is interested.


This is a company that likes to claim yes to candidates, yet as the table in my statement shows, USCIS officers have far more difficulty with EB-5 applications than others. I think that is something that nobody has really discussed much. EB5 Regional Center Program. There are high prices of interior rejections in this program and permanently reason




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Seventh, in this program visas most likely to people who can not get them differently and to individuals whose organized investment is actually much less, according to the Federal Reserve, than the ordinary mean net well worth of all American families in 2007. Allow me expand on one of my observations.


My estimate based on the capitalists' environment-friendly card applications filed 2 years after the first investment-- these are the strong ones that remain and are authorized. This is 2009-- was that they had concerning $191 million confirmed-- that is my quote. USCIS does not give the sort of data that we might make use of on this.


So for every $100 of boosted international investment that year, the EB program contributed one cent. Under a a lot more unsteady statistical base, the preliminary applications of prospective immigrant capitalists, USCIS is informing reporters that the level of investment in the just-concluded year had to do with $1.2 billion. Let us accept that.




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Thanks for listening to me. I look onward to your remarks and concerns. [The prepared declaration of David North looks like useful reference an entry for the document.] 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 firm's immigration technique team.




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Divine worked as Chief Counsel of the United States Citizenship and Migration Providers from July 2004 till November 2006, the year in which he was Performing Director, and then Acting Replacement Director. He has worked thoroughly with the EB-5 program secretive technique. He was chosen, as I understand, vice president of the Organization to Buy United States, the nationwide industry organization of local facilities.


Divine, we are happy to have you below. Please go on, sir. STATEMENT OF ROBERT C. DIVINE, ATTORNEY, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, PURCHASE THE USA (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Legislator Grassley, and others. Thanks for having me.


At most, if all 10,000 slots were used, it would be 1 percent of the immigration every year to the USA. It is not near that yet, however it is growing and getting towards that. Especially as USCIS, the company that oversees the program, has been making the rules clearer and the procedures extra rational and clear for the individuals that are arranging investments and for the investors who are investing, even more individuals have been willing and able to put initiative and cash into the procedure to discover good projects and create them, and afterwards extra financiers have been willing to invest their money and take the risk and make use of the cash to develop the jobs that is the factor of the program.




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These projects do not wait about for life, and USCIS recognizes that and are trying to speed the program, speed up the process - EB5 Regional Center Program. That does not indicate that they are relaxing their examination, and, as a matter of fact, they prepare to deny applications that are not qualifying. And they do so, as click for source was discussed




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The regional facility component of the program is not. It becomes part of an appropriations costs that was click this site enacted in 1992, and ever since that program has been prolonged 5 times for 19 years. It is time for it to be irreversible, and it requires to be done now and not nearer to the date of expiration in September.


The procedure takes a good while to develop a job and after that to obtain the capitalists accepted. And they do not want their money moving via up until they have been authorized. And the specter of the expiry of this Regional Center Program in September is already dissuading the advancement of projects.




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I would such as to clarify that the Regional Facility Program is not the like the half-million-dollar thing. The concept 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 truth that a lot of the local facilities that are merging financial investments have actually set those in places of high joblessness or in rural locations where half- million-dollar financial investments are allowed, which makes good sense.

 

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