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The program is placed in an extremely odd and non-helpful bureaucratic place for the stimulation of global investment in the United States. We are providing away as well much for too small of a financial investment.

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The local facilities, with their half-million schemes, essentially undercut the a lot more sensible million-dollar component of the EB-5 program. Third, such programs, if we have them in all, as they perform in Australia, must have to do with developing organization entities, not passive financial investments. It ought to have to do with creating real tasks, not specify computations regarding the indirect development of jobs, which is currently component of the regulation.

Possibly that is among the reasons it has fallen short year after year to reach the legal goal of 10,000 investment visas. Fifth, the Regional Center Program is inherently awkward, and the program is also filled with intermediaries, both public and private. The program has greater than its share of rumors, which I will enter into later if anybody is interested.

This is a company that enjoys to claim yes to applicants, yet as the table in my testament shows, USCIS officers have a lot more difficulty with EB-5 applications than others. I assume that is something that no one has truly spoken about a lot. EB5 Regional Center Program. There are high rates of internal rejections in this program and completely factor

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Seventh, in this program visas go to individuals who might not obtain them differently and to individuals whose organized financial investment is actually much less, according to the Federal Get, than the ordinary mean total assets of all American households in 2007. Allow me broaden on one of my observations.

My price quote based upon the capitalists' permit applications filed 2 years after the initial financial investment-- these are the solid ones that continue to be and are authorized. This is 2009-- was that they had concerning $191 million confirmed-- that is my estimate. USCIS does not supply the kind of information that we can utilize on this.

So for every $100 of enhanced foreign investment that year, the EB program contributed one penny. Under a a lot more unsteady statistical base, the first applications of potential immigrant investors, USCIS is telling journalists that the level of investment in the just-concluded year had to do with $1.2 billion. Let us approve that.

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Thanks for paying attention to me. I expect your remarks and questions. [The ready declaration of David North appears as an entry for the record.] Chairman Leahy. Thanks. Our following witness is Robert Divine. He is an investor of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the firm's immigration technique group.

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Divine functioned as Chief Guidance of the United States Citizenship and Immigration Services from July 2004 up until November 2006, the year in which he was Performing Director, and afterwards Acting Deputy Director. He has actually worked thoroughly with the EB-5 program in personal practice. He was chosen, as I understand, vice head of state of the Association to Invest in U.S.A., the national market association of local.

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

At most, if all 10,000 slots were utilized, it would be 1 percent of the immigration each year to the USA. It is not near that yet, yet it is growing and getting towards that. Particularly as USCIS, the agency that oversees the program, has been making the policies more clear and the processes much more rational and clear for individuals who are organizing investments and for the investors that are spending, more people have agreed and able to place initiative and money right into the process to find excellent tasks and establish them, and after that much more investors have actually wanted to invest their money and take the risk and utilize the money to produce the work that is the factor of the program.

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These tasks do not wait around permanently, and USCIS understands that and are attempting to speed up the program, speed up the procedure - EB5 Regional Center Program. That does not mean that they are unwinding their examination, and, as a matter of fact, they are prepared to reject applications that are not certifying. And they do so, as was mentioned

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The regional facility component of the program is not. It is component of an appropriations bill that was passed in 1992, and since then that program has been extended five times for 19 years. It is time for it to be permanent, and it requires to be done now and not nearer to website the date of expiration in September.

The procedure takes a good while to develop a job and then to obtain the financiers approved. And they do not want their money moving via until they have actually been authorized. And the specter of the expiry of this Regional Center Program in September is already preventing the growth of projects.

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I want to clarify that the Regional Facility Program is not the very same as the half-million-dollar point. The concept of half a million or a million is a function of the routine EB-5 legislation that belongs to the code. It just is a truth that a lot of the regional facilities that are merging financial investments have set those in places of high unemployment or in backwoods where fifty percent- million-dollar investments are permitted, and that makes feeling.

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