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The program is put in an extremely strange and non-helpful governmental area for the excitement of international financial investment in the United States. Second, its scale is all wrong. We are distributing way too much for as well small of a financial investment. Better, elevating endeavor capital half a million bucks a tranche is, to claim the least, inefficient.


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The local facilities, with their half-million systems, essentially damaged the extra reasonable million-dollar component of the EB-5 program. Third, such programs, if we have them at all, as they do in Australia, should have to do with producing service entities, not passive financial investments. It needs to be about creating actual jobs, not elaborate computations about the indirect development of jobs, which is now component of the regulation.


Probably that is just one of the reasons it has stopped working year after year to get to the legislative goal of 10,000 investment visas. Fifth, the Regional Center Program is inherently clumsy, and the program is as well loaded with middlemen, both public and private. The program has greater than its share of scandals, which I will certainly get involved in later if anyone is interested.


This is a firm that loves to claim yes to applicants, yet as the table in my testament reveals, USCIS policemans have a lot more difficulty with EB-5 applications than others. I think that is something that nobody has really chatted about a lot. EB5 Regional Center Program. There are high prices of interior denials in this program and forever reason


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Seventh, in this program visas most likely to people who might not get them otherwise and to people whose scheduled investment is actually less, according to the Federal Get, than the ordinary mean web well worth of all American families in 2007. Let me broaden on one of my observations.


My estimate based on the capitalists' eco-friendly card applications submitted 2 years after the first investment-- these are the solid ones that continue to be and are accepted. This is 2009-- was that they had regarding $191 million validated-- that is my price quote. USCIS does not supply the kind of data that we could make use of on this.


So for every single $100 of increased foreign investment that year, the EB program contributed one penny. Under a a lot more wobbly statistical base, the first applications of potential immigrant investors, USCIS is informing journalists that the degree of investment in the just-concluded year was regarding $1.2 billion. Let us accept that.


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Thanks for paying attention to me. I look onward to your comments and inquiries. [The ready statement of David North looks like an entry for the document.] Chairman Leahy. Thanks. Our following witness is Robert Divine. He is a shareholder of Baker, Donelson, Bearman, Caldwell, and Berkowitz. He is the head of the firm's immigration method group.


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Divine acted as Chief Advice of the United States Citizenship and Migration Solutions from July 2004 until November 2006, the year in which he was Performing Supervisor, and afterwards Acting Deputy Director. He has actually worked thoroughly with the EB-5 program secretive technique. He was chosen, as I understand, vice head of state of the Association to Spend in USA, the nationwide market organization of regional.


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, BUY THE USA (IIUSA) Mr. Divine. Thanks, Mr. Chairman, Legislator Grassley, and others. Thanks for having me.


At many, if all 10,000 slots were made use see of, it would be 1 percent of the immigration each year to the United States. It is not near that yet, but it index is expanding and obtaining towards that. Specifically as USCIS, the firm that oversees the program, has actually been making the regulations clearer and the procedures much more logical and clear for individuals that are organizing investments and for the capitalists that are spending, even more individuals have actually been prepared and able to put effort and cash into the process to find good jobs and create them, and after that extra investors have agreed to invest their money and take the danger and use the cash to produce the work that is the factor of the program.


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These tasks do not wait about for life, and USCIS understands that and are trying to speed the program, speed the procedure - EB5 Regional Center Program. That does not mean that they are unwinding their analysis, and, actually, they prepare to deny applications that are not qualifying. And they do so, as was mentioned


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The regional facility component of the program is not. It becomes part of an appropriations bill that was enacted in 1992, and ever since that program has actually been extended five times for 19 years. It is time for it to be irreversible, and it requires to be done currently and not nearer to the date of expiry in September.


The process takes a great while to develop a task and after that to obtain the financiers accepted. And they do not want their cash streaming with up until they have been approved. And the specter of the expiration of this Regional Center Program in September is currently discouraging the development of tasks.


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I would like to clear up that the Regional Center Program is not the like the half-million-dollar point. The idea of half a million special info or a million is a function of the normal EB-5 law that becomes part of the code. It simply is a reality that a lot of the local facilities that are pooling investments have actually set those instead of high joblessness or in backwoods where fifty percent- million-dollar financial investments are permitted, and that makes good sense.

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