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The program is positioned in a really weird and non-helpful bureaucratic location for the excitement of international financial investment in the United States. Second, its range is all wrong. We are handing out excessive for too small of an investment. Further, increasing endeavor resources fifty percent a million bucks a tranche is, to state the least, ineffective.


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The regional facilities, with their half-million schemes, essentially damaged the extra sensible million-dollar component of the EB-5 program. Third, such programs, if we have them in any way, as they perform in Australia, should be concerning producing business entities, not passive financial investments. It should be regarding developing actual work, not clarify calculations about the indirect development of tasks, which is now part of the regulations.


Perhaps that is one of the reasons that it has actually failed year after year to get to the legislative objective of 10,000 investment visas. Fifth, the Regional Center Program is naturally clumsy, and the program is also full of middlemen, both public and exclusive. The program has more than its share of rumors, which I will certainly enter into later if anyone is interested.


This is an agency that loves to claim yes to applicants, yet as the table in my testimony shows, USCIS police officers have a lot extra problem with EB-5 applications than others. I assume that is something that nobody has really spoken about much. EB5 Regional Center Program. There are high rates of internal rejections in this program and completely reason


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Seventh, in this program visas most likely to people who can not get them any various other means and to individuals whose organized financial investment is actually much less, according to the Federal Get, than the ordinary mean total assets of all American households in 2007. Let me increase on among my observations.


My quote based on the capitalists' permit applications submitted 2 years after the initial financial 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 estimate. USCIS does not supply the type of information that we might utilize on this.


For every $100 of increased foreign investment that year, the EB program contributed one penny. Under a far more wobbly statistical base, the initial applications of prospective immigrant financiers, USCIS is telling reporters that the level of investment in the just-concluded year was about $1.2 billion. Let us approve that.


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Thank you for paying attention to me. Chairman Leahy. He is the head of the firm's migration technique team.


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Divine offered as Principal Counsel of the United States Citizenship and Migration Solutions from July 2004 until November 2006, the year in which he was Performing Director, and then Performing Replacement Supervisor. He has worked thoroughly with the EB-5 program secretive practice. He was chosen, as I recognize, vice head of state of the Association to Purchase USA, the national market organization of regional facilities.


STATEMENT 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 made use of, it would certainly be 1 percent of the migration annually to the USA. It is not near that yet, however it is growing and obtaining toward that. Particularly as USCIS, the firm that looks after the program, has been making the guidelines clearer and the procedures much more rational and clear for individuals who are organizing investments and for the investors that are spending, even more individuals have been willing and able to put initiative and money right into the procedure to locate good projects and create them, and after click here that much more investors have actually been willing to invest their cash and take the danger and use the cash to create the jobs that is the factor of the program.


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These projects do not wait about forever, and USCIS comprehends that and are attempting to speed the program, speed the process - EB5 Regional Center Program. That does not indicate that they are relaxing their scrutiny, and, as a matter of fact, they prepare to deny applications that are not qualifying. And they do so, as was discussed


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The local center part of the program is not. It becomes part of an appropriations bill that was enacted in 1992, and ever since that program has actually been extended five times for 19 years. It is time for it to be irreversible, and it needs to be done currently and not nearer to the date of expiration in September.


The process takes a good while to develop a task and after that to get the financiers approved. And they do not desire their cash moving with until they have been approved. And the specter of the expiration of this Regional Facility Program in September is currently dissuading the advancement of projects.


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I would love to make clear 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 feature of the routine EB-5 regulation that is part of the code. It just is a fact that a lot of the regional centers that are merging investments have actually established those in locations of high unemployment or in backwoods where half- million-dollar investments are enabled, which makes feeling.

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