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The program is put in a very weird and non-helpful administrative location for the excitement of international financial investment in the United States. Second, its range is all incorrect. We are distributing excessive for as well little of a financial investment. Additionally, raising equity capital half a million dollars a tranche is, to claim the least, inefficient.


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The local facilities, with their half-million systems, essentially damaged the more sensible million-dollar component of the EB-5 program. Third, such programs, if we have them whatsoever, as they carry out in Australia, must have to do with producing company entities, not passive financial investments. It needs to be about producing real jobs, not elaborate calculations about the indirect creation of jobs, which is now part of the regulations.


Maybe that is just one of the reasons why it has actually stopped working time after time to get to the legal goal of 10,000 investment visas. Fifth, the Regional Center Program is inherently awkward, and the program is too filled up with intermediaries, both public and private. The program has even more than its share of rumors, which I will certainly get involved in later if anybody is interested.


This is a firm that enjoys to claim yes to candidates, however as the table in my testimony reveals, USCIS officers have much extra problem with EB-5 applications than others. I think that is something that no one has actually discussed a lot. EB5 Regional Center Program. There are high prices of interior rejections in this program and for excellent factor


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Seventh, in this program visas go to people that could not obtain them otherwise and to people whose planned financial investment is actually much less, according to the Federal Book, than the typical mean net well worth of all American households in 2007. Let me increase on one of my observations.


My quote based on the financiers' permit applications filed 2 years after the very first investment-- these are the solid 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 offer the kind of information that we can utilize on this.


So for each $100 of raised foreign financial investment that year, the EB program contributed one cent. Under a much more shaky statistical base, the first applications of potential immigrant financiers, USCIS is informing reporters that the degree of financial investment in the just-concluded year was about $1.2 billion. Allow us accept that.


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


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Divine acted as Chief Advice of the United States Citizenship and Immigration Services from July 2004 up until November 2006, the year in which he was Acting Director, and after that Acting Deputy Director. He has actually worked extensively with the EB-5 program secretive practice. He was elected, as I understand, vice president of the Organization to Buy USA, the nationwide industry association of local facilities.


Divine, we are pleased to have you right here. Please go on, sir. DECLARATION 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, Legislator Grassley, and others. Thank you for having me.


At most, if all 10,000 slots were made use of, it would certainly be 1 percent of the migration every year to the USA. It is not near that yet, but look at this now it is expanding and getting towards that. Specifically as USCIS, the firm that manages the program, has actually been making the policies clearer and the procedures much more logical and clear for the individuals who are arranging financial investments and for the financiers that are investing, more individuals have been willing and able to place initiative and cash into the process to locate good jobs and establish them, and afterwards a lot more investors have agreed to spend their cash and take the risk and utilize the cash to develop the jobs that is the factor of the program.


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These jobs do not linger for life, and USCIS recognizes that and are trying to speed up the program, speed the process - EB5 Regional Center Program. That does not imply that they are relaxing their analysis, and, actually, they prepare to go to the website refute applications that are not qualifying. And they do so, as was mentioned


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The regional facility part of the program is not. It belongs to an appropriations bill that was enacted in 1992, and because then that program has actually been prolonged 5 times for 19 years. It is time for it to be permanent, and it needs to be done currently and not nearer to the date of expiry in September.


The procedure takes a good while to work up a project and after that to get the capitalists approved. And they do not desire their cash flowing via until they have been approved. And the specter of the expiration of this Regional Facility Program in September is already discouraging the advancement of projects.


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I wish to clarify that the Regional Facility Program is not the like the half-million-dollar point. The concept of half a million or a million is a feature of the regular EB-5 law that is component of the code. It simply is a truth that the majority of the regional centers that are pooling financial investments have set those in places of high joblessness or in country locations where fifty percent- million-dollar financial investments are enabled, which makes good sense.

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