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However the regulation says you have got to spend for 2 years and that is all. Second, at one of the stakeholders meetings place on by USCIS, I asked an inquiry: Have you done any type of research on just how much cash stays beyond the 2 years? And the answer was no


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






It is none less complicated necessarily than when it was in the conditions that brought about the foreign financiers being the most effective alternative for financing the important things in the first place. Hey, if it is a successful job, it makes cash, and it can be sold, I do not see any kind of reason why the project ought to not be able to be offered and for the investor to be able to recognize the return of his investment, perhaps acquire on his financial investment, just like every other investor.


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If you have a task that is funded directly through the Immigrant Investor Program and it is thought to be employing undocumented workers, Immigration and Customs Enforcement could check out the company, could they not? Mr. Divine. They could. I mean, I believe what we need to recognize additionally is that the instance that is being cited as proof that in some cases these projects have actually hired an unauthorized worker is one in which USCIS did some type of monitoring and determined that the employee was not authorized and quit it.


Mr. Divine. Every one of these companies is required to finish the I-9 type, but USCIS goes a step even more and does a check of some kind that led to the case that has been pointed out. I am not a witness here, yet I am so struck by Mr.


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I mean, Imply recommend that all of you actually-- Mr. North, in your case, get out from inside the Beltway and go up there and talk with speak of these people.


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They will state, "We have actually obtained about nine people below, and we have actually been right here since 5 o'clock this early morning, Mister." [Giggling.] Chairman Leahy. Not quite what an illegal immigrant may be saying. I believe Mr. Stenger would certainly say that one of his British capitalists was thinking, "Are we all talking the same language right here?" Mr.


I asked Mr. Stenger this. Let me ask you what your experience is as a former agency authorities. What does it do if Congress maintains running up against a final reauthorization? In this case it would certainly be, I think, September of next year, September of 2012. What does that do to a firm trying to administer a program if Congress waits until the last couple of days to reauthorize it? What is the functional result? Mr.


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I indicate, the agency essentially is-- USCIS is a fee-funded company, so it is basically kind of running a service and has to cover its costs with the income that is created. To run this program properly, USCIS requires to staff up in a large means, managing the volume that is currently there and expecting the increased volume of even more financial investment as we get even near half of the 10,000 visas that are readily available in this classification.


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I mean, that has actually reached seem like a contrasting scenario, and you click here would picture that it is going to hold somebody back. Now, I am not saying that they are holding back, and I recognize that they are attempting to staff up since I am certain they think and hope that the program will be reauthorized for the benefit of the Nation.


And is that really where they are going to be able to spend their time and resources in trying to clean up the regulations of this program to make sure that everybody knows whether they can qualify or otherwise and which sort of projects are going to certify etc? We require that constantly.


And, Mr. EB5 Regional Center Program. Stenger, we in Vermont-- again, a small State, but we have the State government entailed with the Vermont Regional Facility. Does that include advantages to Vermont's program? Mr. Stenger. The fact that the State of Vermont is the regional facility administrator, and in fact I think you would certainly call it the owner of the local facility, has actually been an incredible benefit.

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