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The program is placed in a very strange and non-helpful bureaucratic area for the excitement of worldwide investment in the United States. We are giving away also much for also little of an investment.


The local centers, with their half-million schemes, basically damaged the extra sensible million-dollar component of the EB-5 program. Third, such programs, if we have them in all, as they perform in Australia, ought to have to do with developing company entities, not passive investments. It ought to have to do with developing actual tasks, not clarify calculations regarding the indirect development of work, which is currently component of the regulations.


Possibly that is one of the reasons that it has failed year after year to reach the legal objective of 10,000 financial investment visas. Fifth, the Regional Center Program is naturally awkward, and the program is also loaded with middlemen, both public and personal. The program has more than its share of scandals, which I will certainly enter later if anybody is interested.


This is an agency that enjoys to state yes to candidates, but as the table in my testament reveals, USCIS policemans have far more difficulty with EB-5 applications than others. I think that is something that no one has truly spoken about a lot. EB5 Regional Center Program. There are high rates of inner denials in this program and permanently reason

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Seventh, in this program visas go to individuals that can not obtain them otherwise and to individuals whose scheduled investment is actually much less, according to the Federal Book, than the ordinary mean total assets of all American families in 2007. Let me broaden on one of my monitorings.


My quote based on the financiers' environment-friendly card applications submitted 2 years after the very first investment-- these are the strong ones that continue to be and are authorized. This is 2009-- was that they had regarding $191 million validated-- that is my price quote. USCIS does not offer the type of information that we can utilize on this.


So for every single $100 of raised foreign investment that year, the EB program added one cent. Under a far more shaky analytical base, the first applications of would-be immigrant capitalists, USCIS is telling journalists that the degree 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 listening to me. Chairman Leahy. He is the head of the firm's migration practice group.




Divine worked as Principal Guidance of the United States Citizenship and Immigration Services from July 2004 until November 2006, the year in which he was Acting Supervisor, and afterwards Performing Deputy Supervisor. He has actually worked extensively with the EB-5 program secretive technique. He was chosen, as I recognize, vice president of the Association to Spend in United States, the national sector association of regional centers.


Divine, we are thrilled to have you here. Please go in advance, sir. DECLARATION OF ROBERT C. DIVINE, ATTORNEY, BAKER, DONELSON, BEARMAN, CALDWELL, AND BERKOWITZ, P.C., CHATTANOOGA, TENNESSEE, AND VICE PRESIDENT, PURCHASE THE U.S.A. (IIUSA) Mr. Divine. Thank you, Mr. Chairman, Senator Grassley, and others. Thanks for having me.


At the majority of, if all 10,000 ports were utilized, it would be 1 percent of the immigration yearly to the USA. It is not near that yet, but it is expanding and getting towards that. Particularly as USCIS, the company that looks after the program, has actually been making the guidelines more clear and the procedures much more more info rational and clear for the people that are organizing investments and for the financiers that are spending, even more people have wanted and able to place effort and money into the procedure to find excellent tasks and develop them, and then extra investors have actually agreed to spend their money and take the risk and utilize the cash to develop the jobs that is the point of the program.

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These tasks do not wait about forever, 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 relaxing their scrutiny, and, as a matter of fact, they prepare to reject applications that are not certifying. And they do so, as was pointed out


The local facility part of the program is not. It is part of an appropriations bill that was passed in 1992, and ever since that program has actually been prolonged 5 times for 19 years. It is time for it to be long-term, and it requires to be done currently and not nearer to the date of expiration in September.


The process takes an excellent while to develop a job and after that to get the financiers approved. And they do not want their money moving with up until they have been approved. And the specter of the expiration of this Regional Facility Program in September is already dissuading the development of tasks.

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I want to clear up that the Regional Facility Program is not the same as the half-million-dollar thing. 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 the majority of the regional facilities that are merging investments have actually set those instead of high unemployment or in country areas where half- million-dollar investments are enabled, and that makes feeling.