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The program is positioned in a very odd and non-helpful administrative location for the excitement of international investment in the United States. Second, its scale is all wrong. We are handing out too much for too small of an investment. Even more, raising equity capital fifty percent a million dollars a tranche is, to state the least, inefficient.

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The local centers, with their half-million plans, basically damaged the more sensible million-dollar part of the EB-5 program. Third, such programs, if we have them at all, as they do in Australia, need to have to do with developing company entities, not passive financial investments. It needs to be regarding producing genuine jobs, not elaborate estimations regarding the indirect development of tasks, which is now part of the regulations.

Perhaps that is one of the factors why it has actually fallen short time after time to get to the legal goal of 10,000 investment visas. Fifth, the Regional Facility Program is inherently clumsy, and the program is too full of middlemen, both public and private. The program has more than its share of scandals, which I will certainly enter into later on if anyone is interested.

This is a company that loves to say yes to applicants, but as the table in my testimony reveals, USCIS policemans have a lot more problem with EB-5 applications than others. I believe that is something that no one has actually really spoken about much. EB5 Regional Center Program. There are high rates of internal denials in this program and for great reason

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Seventh, in this program visas go to individuals who could not obtain them any various other method and to people whose scheduled financial investment is really less, according to the Federal Get, than the typical mean total assets of all American families in 2007. Allow me increase on one of my monitorings.

My price quote based on the financiers' permit applications submitted 2 years after the very first financial investment-- these are the solid ones that continue to be and are authorized. This is 2009-- was that they had regarding $191 million confirmed-- that is my price quote. USCIS does not give the type of data that we might use on this.

So for each $100 of raised foreign financial investment that year, the EB program added one penny. Under a far more shaky statistical base, the first applications of prospective immigrant capitalists, USCIS is informing journalists 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 listening to me. I expect your remarks and questions. [The prepared declaration of David North looks like an entry for the record.] Chairman Leahy. Thank you. Our next witness is Robert Divine. He is an investor of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the company's immigration practice group.

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Divine acted as Chief Advice of the United States Citizenship and Migration Services from July 2004 up until November 2006, the year in which he was Performing Supervisor, and after that Performing Replacement Director. He has worked thoroughly with the EB-5 program in exclusive practice. He was elected, as I comprehend, vice head of state of the Organization to Spend in USA, the national sector association of local.

STATEMENT OF ROBERT C. DIVINE, ATTORNEY, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, INVEST IN THE USA (IIUSA) view Mr. Divine. Thank you, Mr. Chairman, Legislator Grassley, and others.

At many, if all 10,000 slots were used, it would be 1 percent of the immigration annually to the United States. It is not near that yet, however it is growing and getting towards that. Particularly as USCIS, the firm that oversees the program, has actually been making the regulations more clear and the procedures more logical and clear for individuals who are arranging financial investments and for the financiers who are spending, more people have wanted and able to place initiative and money into the procedure to discover good tasks and establish them, and then much more capitalists have actually wanted to invest their money and take the threat and use the cash to produce the work that is the factor of the program.

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These jobs do not linger permanently, and USCIS recognizes that and are trying to speed up the program, speed the procedure - EB5 Regional Center Program. That does not imply that they are unwinding their scrutiny, and, in reality, they prepare to refute applications that are not qualifying. And they do so, as was discussed

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The local facility part of the program is not. It becomes part of an appropriations bill that was enacted in 1992, and since then that program has been prolonged five times for 19 years. It is time for view it 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 an excellent while to develop a task and after that to get the investors accepted. And they do not desire their money flowing via till they have been approved. And the specter of the expiry of this Regional Facility Program in September is currently inhibiting the advancement of projects.

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I wish to clarify that the Regional Center Program is not the like the half-million-dollar point. The idea of half a million or a million is a feature of the normal EB-5 legislation that belongs to the code. It simply is a fact that a lot of the local centers that are merging financial Website investments have set those instead of high unemployment or in backwoods where half- million-dollar financial investments are allowed, which makes good sense.

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