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But the law says you have actually got to spend for 2 years and that is all. Second, at one of the stakeholders meetings place on by USCIS, I asked a question: Have you done any type of research on how much money stays past the 2 years? And the solution was no


Thank you, Mr. Chairman. Let me simply ask, Mr. Divine, you hear this criticism that the money just has to remain invested for 2 years. Mr. Divine.






It is not any kind of less complicated necessarily than when it remained in the conditions that brought about the foreign investors being the most effective option for financing the point in the initial location. But, hi, if it is an effective project, it generates income, and it can be offered, I do not see any reason why the task must not be able to be marketed and for the investor to be able to recognize the return of his financial investment, perhaps gain on his financial investment, much like every other financier.


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EB5 Regional Center ProgramEB5 Regional Center Program
If you have a job that is funded directly via the Immigrant Financier Program and it is believed to be utilizing undocumented workers, Migration and Customs Enforcement could investigate the company, could they not? Mr. Divine. They could. I imply, I think what we require to recognize additionally is that the situation that is being cited as proof that often these jobs have actually employed an unapproved worker is one in which USCIS did some sort of monitoring and identified that the employee was not licensed and quit it.


Chairman Leahy. But that would certainly be the same with any type of company. Mr. Divine. Each of these employers is called for to complete the I-9 kind, but USCIS goes a step better and does a check of some kind that resulted in the instance that has been stated. Chairman Leahy. I am not a witness here, however I am so struck by Mr.


I suggest, I recommend that all of you in fact-- Mr. North, in your case, get out from inside the Beltway and increase there and chat with some of these people. For one point, you do not have a lot of illegal immigrants who rather have the Vermont accent you listen to around there, particularly when they speak about their grandparents that live there, and parents and so on.


EB5 Regional Center ProgramEB5 Regional Center Program
They will claim, "We have obtained regarding 9 of us below, and we have been below considering that 5 o'clock today, Mister." [Laughter.] Chairman Leahy. Not fairly what an unlawful immigrant could be claiming. I assume Mr. Stenger would state that one of his British capitalists was thinking, "Are we all speaking the very same language here?" Mr.


I asked Mr. Stenger this. Let me ask you what your experience is as a previous firm authorities. What does it do if Congress keeps meeting a final reauthorization? In this instance it would be, I think, September of following year, September of 2012. What does that do to an agency trying to carry out a program if Congress waits until the last couple of days to reauthorize it? What is the sensible effect? Mr.


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I imply, the company basically is-- USCIS is a fee-funded company, so it is essentially kind of running an organization and has to cover its costs with the earnings that is generated. To run this program correctly, USCIS needs to staff up in a big means, managing the quantity that is already there and preparing for the enhanced quantity of even more investment as we get even near to half of the 10,000 visas that are available in this category.


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I suggest, that has got to feel like a clashing scenario, get more info and you would certainly picture that it is going to hold somebody back. Now, I am not saying that they are holding back, and I know that they are trying to staff up since I make sure they believe and really hope that the program will be reauthorized for the advantage of the Nation.


And is that actually where they are mosting likely to be able to spend their time and resources in attempting to clear the guidelines of this program to make sure that everybody knows whether they can qualify or not and which kinds of projects are mosting likely to certify etc? We require that continuously.


And, Mr. Stenger, we in Vermont-- again, a small State, however we have the State federal government included with the Vermont Regional. Does that add advantages to Vermont's program? Mr. Stenger. The reality that the State of Vermont is the local center manager, and really I guess you would call it the proprietor of the regional facility, has actually been a remarkable benefit.

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