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The program is placed in a very strange and non-helpful administrative location for the excitement of worldwide financial investment in the United States. We are providing away as well much for as well little of a financial investment.

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The local centers, with their half-million plans, basically damaged the extra practical million-dollar part of the EB-5 program. Third, such programs, if we have them whatsoever, as they perform in Australia, need to be about developing company entities, not easy financial investments. It should have to do with producing genuine jobs, not clarify computations concerning the indirect creation of work, which is currently component of the legislation.

Perhaps that is among the reasons it has actually failed year after year to get to the legal objective of 10,000 investment visas. Fifth, the Regional Facility Program is inherently awkward, and the program is too full of intermediaries, both public and personal. The program has greater than its share of rumors, which I will enter later on if anybody is interested.

This is a company that enjoys to claim yes to candidates, but as the table in my testimony reveals, USCIS officers have a lot more difficulty with EB-5 applications than others. I assume that is something that no one has actually really spoken about much. EB5 Regional Center Program. There are high rates of inner rejections in this program and completely factor

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Seventh, in this program visas most likely to people that could not get them otherwise and to individuals whose scheduled financial investment is in fact less, according to the Federal Get, than the ordinary mean total assets of all American families in 2007. Allow me increase on one of my monitorings.

My price quote based upon the financiers' copyright applications filed 2 years after the initial investment-- these are the strong ones that stay and are authorized. This is 2009-- was that they had about $191 million validated-- that is my price quote. USCIS does not provide the kind of data that we might utilize on this.

So for every $100 of increased foreign financial investment that year, the EB program contributed one cent. Under a a lot more shaky statistical base, the initial applications of potential immigrant financiers, USCIS is telling journalists that the level of financial investment in the just-concluded year had to do with $1.2 billion. Allow us approve that.

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Thank you for paying attention to me. Chairman Leahy. He is the head of the company's immigration method team.

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Divine functioned as Chief Counsel of the United States Citizenship and Migration Solutions from July 2004 until November 2006, the year in which he was Performing Director, and afterwards Acting Deputy Supervisor. He has worked thoroughly with the EB-5 program secretive technique. He was chosen, as I comprehend, vice president of the Organization to Purchase USA, the nationwide market organization of regional centers.

Divine, we are pleased to have you right here. Please go ahead, sir. STATEMENT OF ROBERT C. DIVINE, ATTORNEY, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE HEAD OF STATE, BUY THE U.S.A. (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Senator Grassley, and others. Thank you for having me.

At a lot of, if all 10,000 slots were utilized, it would be 1 percent of the immigration annually to the USA. It is not near that yet, however it is expanding and getting toward that. Particularly as USCIS, the firm that oversees the program, has actually been making the regulations more clear and the processes a lot more reasonable and clear for individuals that are arranging investments and for the investors that are spending, more individuals have actually been willing and able to place initiative and money into the process to find good projects and create them, and after that much more capitalists have agreed to invest their money and take the threat and utilize the money to develop the tasks that is the point of the program.

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These tasks do not wait around for life, and USCIS comprehends that and are attempting to speed the program, speed up the procedure - EB5 Regional Center Program. That does not mean that they are relaxing their examination, and, actually, they prepare to refute applications that are not certifying. And they do so, as was mentioned

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The regional center part of the program is not. It is part of an appropriations costs that was passed in 1992, and considering that then that program has actually been prolonged 5 times for 19 years. It is time for it to be long-term, and it needs to be done now and not nearer to the day of expiration in September.

The procedure takes a good while to function up a project and after that to get the financiers authorized. And they do not want their cash flowing with until they have been authorized. And the specter of the expiry of this Regional Facility Program in September is already inhibiting the advancement of projects.

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I wish to make clear that the Regional Center Program is not the exact 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 regional facilities that are merging investments have established those instead of high joblessness website or in backwoods where half- million-dollar financial investments are allowed, which makes feeling.

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