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The program is positioned in a very odd and non-helpful administrative area for the excitement of global investment in the United States. We are providing away also much for as well little of a financial investment.

EB5 Regional Center ProgramEB5 Regional Center Program
The regional facilities, with their half-million plans, basically undercut the a lot more practical million-dollar component of the EB-5 program. Third, such programs, if we have them in any way, as they do in Australia, need to be regarding producing business entities, not passive investments. It should have to do with developing genuine jobs, not specify computations regarding the indirect development of work, which is currently component of the legislation.

Perhaps that is among the reasons that it has actually stopped working time after time to reach the legal goal of 10,000 investment visas. Fifth, the Regional Facility Program is inherently clumsy, and the program is also full of middlemen, both public and personal. The program has more than its share of rumors, which I will get into later on if anybody is interested.

This is a firm that loves to claim yes to applicants, however as the table in my testament reveals, USCIS policemans have far more trouble with EB-5 applications than others. I think that is something that nobody has truly discussed a lot. 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 that could not get them otherwise and to people whose scheduled financial investment is really less, according to the Federal Get, than the typical mean net well worth of all American family members in 2007. Let me expand on one of my observations.

My price quote based upon the investors' copyright applications submitted 2 years after the very first investment-- these are the strong ones that remain and are authorized. This is 2009-- was that they had regarding $191 million validated-- that is my estimate. USCIS does not provide the kind of data that we could make use of on this.

So for every single $100 of increased foreign financial investment that year, the EB program added one cent. Under a a lot more wobbly statistical base, the first applications of prospective immigrant financiers, USCIS is informing reporters that the level of financial investment in the just-concluded year had to do with $1.2 billion. Allow us accept that.

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Thank you for paying attention to me. I eagerly anticipate your comments and inquiries. [The ready declaration of David North appears as a submission for the record.] Chairman Leahy. Thanks. Our following witness is Robert Divine. He is a shareholder of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the company's migration method group.

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Divine functioned as Principal Counsel of the United States Citizenship and Immigration Services from July 2004 till November 2006, the year in which he was Acting Director, and then Performing Deputy Supervisor. He has worked thoroughly with the EB-5 program in private practice. He was elected, as I comprehend, vice president of the Organization to Invest in USA, the nationwide industry organization of regional.

Divine, we are happy to have you here. Please go ahead, sir. DECLARATION OF ROBERT C. DIVINE, LAWYER, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE HEAD OF STATE, PURCHASE THE USA (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Senator Grassley, and others. Thanks for having me.

At a lot of, if all 10,000 ports were made use of, it would certainly be 1 percent of the immigration each year to the United States. It is not near that yet, but it is expanding and obtaining towards that. Particularly as USCIS, the agency that manages the program, has been making the guidelines more clear and the procedures a lot more sensible and clear for individuals that are arranging investments and for the capitalists that are spending, more people have actually agreed and able to place initiative and money into the procedure to find good projects and create them, and after that a lot more investors have agreed here to spend their money and take the risk and use the cash to develop the tasks that is the point of the program.

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These tasks do not linger forever, and USCIS comprehends that and are attempting to speed up the program, speed up the procedure - EB5 Regional Center Program. That does not suggest that they are relaxing their analysis, and, actually, they prepare to reject applications that are not certifying. And they do so, as was mentioned

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The regional center component of the program is not. It becomes part of an appropriations bill that was passed in 1992, and because then that program has been extended 5 times for 19 years. It is time for it to be permanent, and it needs to be done now and not nearer to the date of expiry in September.

The process takes an excellent while to work up a task and after that to get the investors accepted. And they do not want their cash flowing with till they have been accepted. And the specter of the expiration of this Regional Facility Program in September is currently inhibiting the development of tasks.

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I would love to clear up that the Regional Center Program is not the very same as the half-million-dollar thing. The idea of half a million or a million is a feature of the routine EB-5 regulation that becomes part of the code. It just is a reality that many of the local facilities that are merging investments have set those instead of high unemployment or in rural areas where half- million-dollar investments are allowed, and that makes good sense.

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