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The program is positioned in an extremely strange and non-helpful governmental area for the excitement of global financial investment in the United States. We are offering away also much for also tiny of a financial investment.


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The local facilities, with their half-million schemes, essentially damaged the more practical million-dollar part of the EB-5 program. Third, such programs, if we have them in all, as they perform in Australia, should have to do with producing business entities, not easy investments. It must be regarding developing genuine jobs, not clarify computations concerning the indirect production of jobs, which is currently part of the regulation.


Maybe that is one of the reasons that it has fallen short every year to get to 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 detractions, which I will enter later on if any person is interested.


This is a company that likes to say yes to candidates, yet as the table in my statement reveals, USCIS policemans have far more difficulty with EB-5 applications than others. I assume that is something that nobody has truly spoken about much. EB5 Regional Center Program. There are high rates of inner rejections in this program and completely reason


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Seventh, in this program visas go to people who could not obtain them any other way and to people whose organized financial investment is in fact less, according to the Federal Reserve, than the average mean net well worth of all American families in 2007. Let me increase on among my observations.


My estimate based on the investors' copyright applications filed 2 years after the initial investment-- these are the solid ones that remain and are approved. This is 2009-- was that they had concerning $191 million validated-- that is my quote. USCIS does not offer the type of data that we can make use of on this.


So for every single $100 of boosted international investment that year, the EB program added one dime. Under a far more shaky statistical base, the initial applications of prospective immigrant financiers, USCIS is telling reporters that the level of financial investment in the just-concluded year had to do with $1.2 billion. Let us approve that.


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Thanks for listening to me. I anticipate your remarks and inquiries. [The ready statement of David North looks like a submission for the document.] Chairman Leahy. Thanks. Our following witness is Robert Divine. He is an investor of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the company's migration practice group.


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Divine acted as Chief Guidance of the USA Citizenship and Migration Services from July 2004 till November 2006, the year in which he was Performing Director, and afterwards Acting Deputy Supervisor. He has functioned thoroughly with the EB-5 program in personal practice. He was chosen, as I recognize, vice head of state of the Organization to Buy USA, the national industry organization of regional centers.


Divine, we are thrilled to have you below. Please go in advance, sir. DECLARATION OF ROBERT C. DIVINE, ATTORNEY, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, BUY THE U.S.A. (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Senator Grassley, and others. Thanks for having me.


At most, if all 10,000 ports were made use of, it would be 1 percent of the migration annually to the USA. It is not near that yet, but it is growing and obtaining towards that. Especially as USCIS, the firm that manages the program, has actually been making the guidelines more clear and the processes extra logical and clear for individuals that are organizing financial investments and for the financiers that are investing, even more individuals have been prepared and able to place effort and cash into the process to discover good jobs and create them, and after that much more capitalists have actually been willing to invest their money and take the danger and make use of the cash to create EB5 Regional Center Program the jobs that is the point of the program.


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These jobs do not linger forever, and USCIS understands that and are trying to speed up the program, speed up the process - EB5 Regional Center Program. That does not imply that they are relaxing their analysis, and, as a matter of fact, they are all set to reject 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 belongs to an appropriations costs that was passed in 1992, and because then that program has actually 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 expiry in September.


The process takes a great while to develop a job and afterwards to get the capitalists approved. And they do not want their cash flowing through up until they have been accepted. And the specter of the expiration of this Regional Center Program in September is already dissuading the development of tasks.


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I want to clarify that the Regional Facility Program is not the same as the half-million-dollar thing. The idea of half a million or a million is a function of the regular EB-5 law that becomes part of the code. It just is a reality that the majority of the local facilities that are merging investments have actually established those in places of high unemployment or in rural areas where fifty percent- million-dollar financial investments are enabled, which makes good sense.

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