II 

115TH CONGRESS 

1ST SESSION S. 727 

To increase the worldwide level of employment-based immigrants and to 

reauthorize the EB–5 regional center program. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2017 

Mr. PAUL introduced the following bill; which was read twice and referred to 

the Committee on the Judiciary 

A BILL 

To increase the worldwide level of employment-based immigrants and to reauthorize the EB–5 regional center program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Invest in Our Commu5 nities Act’’. 


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1 SEC. 2. EXEMPTION OF DEPENDENTS FROM BEING COUNT2 ED TOWARDS WORLDWIDE EMPLOYMENT3 BASED IMMIGRATION LEVEL. 

4 Section 201(b)(1) of the Immigration and Nationality 

5 Act (8 U.S.C. 1151(b)(1)) is amended by adding at the 

6 end the following: 

7 ‘‘(F) Aliens who are spouses or children of an 

8 alien admitted as an employment-based immigrant 

9 under section 203(b)(5).’’. 

10 SEC. 3. WORLDWIDE LEVEL OF EMPLOYMENT-BASED IMMI11 GRANTS. 

12 Section 201(d) of the Immigration and Nationality 

13 Act (8 U.S.C. 1151(d)) is amended to read as follows: 

14 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

15 IMMIGRANTS.— 

16 ‘‘(1) IN GENERAL.—The worldwide level of em17 ployment-based immigrants under this subsection for 

18 a fiscal year is equal to the sum of— 

19 ‘‘(A) 150,000; and 

20 ‘‘(B) the number computed under para21 graph (2). 

22 ‘‘(2) ADJUSTMENT.—The number computed 

23 under this paragraph for fiscal year 2017 and each 

24 subsequent fiscal year is the difference (if any) be25 tween— 


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1 ‘‘(A) the maximum number of visas au2 thorized to be issued under section 203(a) dur3 ing the previous fiscal year; and 

4 ‘‘(B) the number of visas issued under that 

5 section during that year.’’. 

6 SEC. 4. EXCLUSION OF EB–5 VISAS FROM COUNTRY CAPS. 

7 Section 202(a)(5) of the Immigration and Nationality 

8 Act (8 U.S.C. 1152(a)(5)) is amended by adding at the 

9 end the following: 

10 ‘‘(C) EXCLUSION OF EB–5 VISAS FROM

11 PER COUNTRY LIMITATION.—Visas issued under 

12 section 203(b)(5) shall not be counted toward 

13 the numerical limitation under paragraph (2).’’. 

14 SEC. 5. PERMANENT REAUTHORIZATION OF EMPLOYMENT 

15 CREATION REGIONAL CENTERS. 

16 Section 203(b)(5) of the Immigration and Nationality 

17 Act (8 U.S.C. 1153(b)(5)) is amended— 

18 (1) by redesignating subparagraph (D) as sub19 paragraph (H); and 

20 (2) by inserting after subparagraph (C) the fol21 lowing: 

22 ‘‘(D) EMPLOYMENT CREATION REGIONAL

23 CENTERS.— 

24 ‘‘(i) IN GENERAL.—Visas under this 

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1 fied immigrants who participate in a pro2 gram involving a regional center in the 

3 United States, which has been designated 

4 by the Secretary of Homeland Security, in 

5 consultation with the Secretary of Com6 merce, on the basis of a general proposal 

7 filed with the Secretary of Homeland Secu8 rity, for the promotion of economic growth, 

9 including— 

10 ‘‘(I) increased exports; 

11 ‘‘(II) improved regional produc12 tivity; 

13 ‘‘(III) job creation; and 

14 ‘‘(IV) increased domestic capital 

15 investment. 

16 ‘‘(ii) JURISDICTION.—A regional cen17 ter shall have jurisdiction over a specific 

18 geographic area, which shall be— 

19 ‘‘(I) described in the proposal 

20 filed under clause (i); and 

21 ‘‘(II) consistent with the purpose 

22 of concentrating pooled investment in 

23 defined economic zones. 

24 ‘‘(iii) GENERAL PREDICTIONS.—The 

25 establishment of a regional center under 


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1 this subparagraph may be based on gen2 eral predictions contained in the proposal 

3 concerning— 

4 ‘‘(I) the kinds of new commercial 

5 enterprises that will receive capital 

6 from aliens; 

7 ‘‘(II) the jobs that will be created 

8 directly or indirectly as a result of 

9 such investments; and 

10 ‘‘(III) other positive economic ef11 fects such investments will have. 

12 ‘‘(iv) METHODOLOGIES FOR DETER13 MINING JOB CREATION.—Notwithstanding 

14 requirements applicable to investors not in15 volved in a regional center, in determining 

16 compliance with this subparagraph, the 

17 Secretary of Homeland Security shall rec18 ognize reasonable methodologies for deter19 mining the number of jobs created by a 

20 designated regional center, including jobs 

21 that are estimated to have been created in22 directly through revenues generated 

23 from— 

24 ‘‘(I) increased exports; 


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1 ‘‘(II) improved regional produc2 tivity; or 

3 ‘‘(III) increased domestic capital 

4 investment resulting from the regional 

5 center. 

6 ‘‘(v) SPECIAL PROCEDURES.— 

7 ‘‘(I) PREAPPROVAL OF NEW COM8 MERCIAL ENTERPRISES.—The Sec9 retary of Homeland Security shall es10 tablish a preapproval procedure for 

11 new commercial enterprises that— 

12 ‘‘(aa) allows a regional cen13 ter or potential regional center to 

14 apply to the Secretary for 

15 preapproval of a new commercial 

16 enterprise before any alien files a 

17 petition for classification under 

18 this paragraph by reason of in19 vestment in the new commercial 

20 enterprise; 

21 ‘‘(bb) allows the applicant to 

22 address and cure any deficiencies 

23 identified by the Secretary in the 

24 application before a final deter25 mination on the application; 


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1 ‘‘(cc) requires that the Sec2 retary make final decisions on all 

3 issues under this paragraph other 

4 than those issues unique to each 

5 individual investor in the new 

6 commercial enterprise; and 

7 ‘‘(dd) requires that the Sec8 retary eliminate the need for the 

9 repeated submission of docu10 mentation that is common to 

11 multiple petitions for classifica12 tion under this paragraph 

13 through a regional center. 

14 ‘‘(II) DEFERENCE TO PRIOR

15 RULINGS.—Absent material change, 

16 fraud, or legal deficiency, the Sec17 retary of Homeland Security shall 

18 give deference to, and not revisit, fa19 vorable determinations made per20 taining to a commercial enterprise 

21 during the adjudication of— 

22 ‘‘(aa) petitions filed by im23 migrants investing in the com24 mercial enterprise under this sub25 paragraph; and 


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1 ‘‘(bb) petitions filed by such 

2 immigrants under section 216A 

3 for the removal of conditional 

4 basis. 

5 ‘‘(vi) PROCESSING TIMES.— 

6 ‘‘(I) IN GENERAL.—The Sec7 retary of Homeland Security shall 

8 make determinations on a proposal 

9 filed under clause (i) or an application 

10 filed under clause (v) not later than 

11 180 days after the date on which the 

12 proposal or application is filed. 

13 ‘‘(II) ADDITIONAL INFORMA14 TION.—If the Secretary determines 

15 that an initial filing under this section 

16 does not meet the standards for ap17 proval, the Secretary shall— 

18 ‘‘(aa) not later than 30 days 

19 after the date of such filing, no20 tify the applicant of the reasons 

21 such proposal or application was 

22 not approved and the additional 

23 information or documentation 

24 that is required for approval; 


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1 ‘‘(bb) permit the applicant 

2 to promptly resubmit a modified 

3 filing; and 

4 ‘‘(cc) adjudicate the modi5 fied proposal or application not 

6 later than 30 days after it is re7 ceived.’’. 

8 SEC. 6. SECURITY REFORMS. 

9 Section 203(b)(5) of the Immigration and Nationality 

10 Act (8 U.S.C. 1153(b)(5)) is amended by inserting after 

11 subparagraph (D), as added by section 5, the following: 

12 ‘‘(E) APPELLATE RIGHTS.— 

13 ‘‘(i) IN GENERAL.—Any person sub14 ject to the suspension or termination of 

15 rights under this paragraph, if such deci16 sion was under the discretion of the Sec17 retary of Homeland Security, may appeal 

18 such decision and be entitled to a hearing 

19 before an administrative law judge. 

20 ‘‘(ii) APPELLANT’S RIGHTS.—An ap21 pellant under this subparagraph has the 

22 right— 

23 ‘‘(I) to access the facts and docu24 mentation underlying the allegations 

25 that are the basis of the suspension or 


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1 termination referred to in clause (i); 

2 and 

3 ‘‘(II) to cross-examine witnesses 

4 during proceedings. 

5 ‘‘(iii) BURDEN OF PROOF.—In a hear6 ing under this subparagraph, the Secretary 

7 has the burden to prove, by a preponder8 ance of the evidence, that the suspension 

9 or termination was valid under applicable 

10 law. 

11 ‘‘(iv) FINALITY.—A determination of 

12 the administrative law judge in an appeal 

13 under this subparagraph shall be final and 

14 may not be subject to judicial review.’’. 

15 SEC. 7. REGIONAL CENTERS. 

16 (a) IN GENERAL.—Section 203(b)(5) of the Immi17 gration and Nationality Act (8 U.S.C. 1153(b)(5)), as 

18 amended by sections 5 and 6, is further amended by in19 serting after subparagraph (E) the following: 

20 ‘‘(F) BONA FIDES OF PERSONS ASSOCI21 ATED WITH REGIONAL CENTERS OR REGIONAL

22 CENTER ASSOCIATED COMMERCIAL ENTER23 PRISES.— 

24 ‘‘(i) IN GENERAL.—No person shall be 

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1 gional center associated commercial enter2 prise to be directly or indirectly involved 

3 with the regional center or commercial en4 terprise as its principal, representative, ad5 ministrator, owner, officer, board member, 

6 manager, executive, general partner, fidu7 ciary, marketer, promoter, or other similar 

8 position of substantive authority for the 

9 operations, management, or promotion of 

10 the regional center or commercial enter11 prise if— 

12 ‘‘(I) the person has been found 

13 liable within the previous five years 

14 for any criminal or civil violation of 

15 any law relating to fraud or deceit, or 

16 at any time if such violation involved 

17 a civil liability in excess of 

18 $1,000,000, a criminal conviction with 

19 a term of imprisonment of more than 

20 one year or a criminal or civil viola21 tion of any law or agency regulation 

22 in connection with the offer, purchase, 

23 or sale of a security; 

24 ‘‘(II) the person is subject to a 

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1 mission (or an agency or officer of a 

2 State who performs similar functions), 

3 a State authority that supervises or 

4 examines banks, savings associations, 

5 or credit unions, a State insurance 

6 commission (or an agency of or officer 

7 of a State who performs similar func8 tions), an appropriate Federal bank9 ing agency, the Commodity Futures 

10 Trading Commission, or the National 

11 Credit Union Administration, which is 

12 based on a violation of any law or reg13 ulation that— 

14 ‘‘(aa) prohibits fraudulent, 

15 manipulative, or deceptive con16 duct; or 

17 ‘‘(bb) bars the person 

18 from— 

19 ‘‘(AA) association with 

20 an entity regulated by such 

21 commission, authority, agen22 cy, or officer; 

23 ‘‘(BB) engaging in the 

24 business of securities, insur25 ance, or banking; or 


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1 ‘‘(CC) engaging in sav2 ings association or credit 

3 union activities; 

4 ‘‘(III) the person has been con5 victed of— 

6 ‘‘(aa) any activity relating to 

7 espionage, sabotage, or theft of 

8 intellectual property; 

9 ‘‘(bb) any activity related to 

10 money laundering (as described 

11 in section 1956 or 1957 of title 

12 18, United States Code); 

13 ‘‘(cc) any terrorist activity 

14 (as defined in clauses (iii) and 

15 (iv) of section 212(a)(3)(B)); or 

16 ‘‘(dd) any activity related to 

17 human trafficking or a human 

18 rights offense; or 

19 ‘‘(IV) the person— 

20 ‘‘(aa) is, or during the pre21 ceding 5 years has been, included 

22 on the Department of Justice’s 

23 List of Currently Disciplined 

24 Practitioners; or 


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1 ‘‘(bb) during the preceding 5 

2 years, has received a reprimand 

3 or otherwise been publicly dis4 ciplined by a bar association of 

5 which the person is or was a 

6 member. 

7 ‘‘(ii) STATUS OF REGIONAL CENTER

8 PRINCIPALS.— 

9 ‘‘(I) LAWFUL STATUS RE10 QUIRED.—No person may be directly 

11 or indirectly involved with a regional 

12 center as its principal, administrator, 

13 owner, officer, board member, man14 ager, executive, general partner, fidu15 ciary, or other similar position of sig16 nificant authority for the operations 

17 or management of the regional center 

18 unless the person is a national of the 

19 United States or an individual who 

20 has been lawfully admitted for perma21 nent residence. 

22 ‘‘(II) FOREIGN GOVERNMENTS.— 

23 No foreign government entity may be 

24 directly or indirectly involved with the 


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1 ownership or administration of a re2 gional center. 

3 ‘‘(iii) INFORMATION REQUIRED.—The 

4 Secretary of Homeland Security shall re5 quire such attestations and information, 

6 including the submission of fingerprints or 

7 other biometrics to the Federal Bureau of 

8 Investigation, and shall perform such 

9 criminal record checks and other back10 ground checks with respect to a regional 

11 center or regional center associated com12 mercial enterprise, and persons involved in 

13 a regional center or regional center associ14 ated commercial enterprise, to determine 

15 whether such regional center or regional 

16 center associated commercial enterprise is 

17 in compliance with clauses (i) and (ii). 

18 ‘‘(iv) TERMINATION.—The Secretary 

19 shall terminate any regional center or re20 gional center associated commercial enter21 prise from the regional center program if 

22 the Secretary determines that— 

23 ‘‘(I) the regional center or re24 gional center associated commercial 

25 enterprise has violated clause (i); 


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1 ‘‘(II) the regional center has vio2 lated clause (ii); or 

3 ‘‘(III) the regional center, a re4 gional center associated commercial 

5 enterprise, or any person involved 

6 with the regional center or regional 

7 center associated commercial enter8 prise— 

9 ‘‘(aa) fails to provide an at10 testation or information re11 quested by the Secretary; 

12 ‘‘(bb) provides any false at13 testation or information under 

14 clause (iii); 

15 ‘‘(cc) has engaged in fraud, 

16 misrepresentation, or criminal 

17 misuse; or 

18 ‘‘(dd) poses a threat to pub19 lic safety or national security. 

20 ‘‘(G) COMPLIANCE WITH SECURITIES

21 LAWS.— 

22 ‘‘(i) JURISDICTION.—In view of the 

23 objective of promoting investment in the 

24 United States, in an action filed by the Se25 curities and Exchange Commission, the 


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1 purchase or sale of securities offered or 

2 sold by any regional center or any party 

3 associated with a regional center shall be 

4 deemed to have occurred within the terri5 tory of the United States for purposes of 

6 the securities laws, and subject matter ju7 risdiction shall also lie within the United 

8 States. 

9 ‘‘(ii) REGIONAL CENTER CERTIFI10 CATIONS REQUIRED.— 

11 ‘‘(I) INITIAL CERTIFICATION.— 

12 The Secretary of Homeland Security 

13 may not approve an application for re14 gional center designation or regional 

15 center amendment unless the regional 

16 center certifies that the regional cen17 ter is in compliance with and has poli18 cies and procedures reasonably de19 signed to ensure that all parties asso20 ciated with the regional center remain 

21 in compliance with the securities laws 

22 of the United States and of any State 

23 in which the regional center operates 

24 in connection with the offer, purchase, 

25 or sale of securities or the provision of 


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1 investment advice by the regional cen2 ter or parties associated with the re3 gional center. 

4 ‘‘(II) REISSUE.—A regional cen5 ter shall annually reissue a certifi6 cation described in subclause (I). An7 nual certifications under this sub8 clause shall certify compliance with 

9 clause (iii) by stating that— 

10 ‘‘(aa) the certifier is in a po11 sition to have knowledge of the 

12 offers, purchases, and sales of se13 curities or the provision of invest14 ment advice by parties associated 

15 with the regional center; and 

16 ‘‘(bb) to the best of the cer17 tifier’s knowledge, after reason18 able investigation— 

19 ‘‘(AA) all such offers, 

20 purchases, and sales of secu21 rities or the provision of in22 vestment advice complied 

23 with securities laws of the 

24 United States; and 


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1 ‘‘(BB) records, data, 

2 and information related to 

3 such offers, purchases, and 

4 sales have been maintained. 

5 ‘‘(III) EFFECT OF NONCOMPLI6 ANCE.—If a regional center, through 

7 its due diligence, discovered during 

8 the previous fiscal year that the re9 gional center or any party associated 

10 with the regional center was not in 

11 compliance with the securities laws of 

12 the United States, the certifier shall— 

13 ‘‘(aa) describe the activities 

14 that led to noncompliance; 

15 ‘‘(bb) describe the actions 

16 taken to remedy the noncompli17 ance; and 

18 ‘‘(cc) certify that the re19 gional center and all parties asso20 ciated with the regional center 

21 are currently in compliance. 

22 ‘‘(iii) OVERSIGHT REQUIRED.—Each 

23 regional center shall— 

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1 vice relating to, securities made by 

2 parties associated with the regional 

3 center to ensure compliance with the 

4 securities laws of the United States; 

5 ‘‘(II) maintain records, data, and 

6 information relating to all such offers, 

7 purchases, sales, and advice during 

8 the 5-year period beginning on the 

9 date of their creation; and 

10 ‘‘(III) make such records, data, 

11 and information available to the Secu12 rities and Exchange Commission and 

13 to the Secretary upon the receipt of a 

14 subpoena from the Securities and Ex15 change Commission. 

16 ‘‘(iv) SUSPENSION OR TERMI17 NATION.—The Secretary, in the Sec18 retary’s unreviewable discretion, shall sus19 pend or terminate the designation of any 

20 regional center that does not provide the 

21 certification described in clause (ii). The 

22 Secretary, in the Secretary’s unreviewable 

23 discretion, may suspend or terminate the 

24 designation of any regional center or im25 pose other sanctions against the regional 


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1 center if the regional center or any parties 

2 associated with the regional center— 

3 ‘‘(I) are permanently or tempo4 rarily enjoined by order, judgment, or 

5 decree of any court of competent ju6 risdiction in connection with the offer, 

7 purchase, or sale of a security or the 

8 provision of investment advice; 

9 ‘‘(II) are subject to any final 

10 order of the Securities and Exchange 

11 Commission that— 

12 ‘‘(aa) bars such person from 

13 association with an entity regu14 lated by the Securities and Ex15 change Commission; or 

16 ‘‘(bb) constitutes a final 

17 order based on violations in con18 nection with the offer, purchase, 

19 or sale of, or advice relating to, a 

20 security; or 

21 ‘‘(III) knowingly submitted or 

22 caused to be submitted a certification 

23 described in clause (ii) that contained 

24 an untrue statement of a material fact 

25 or omitted to state a material fact 


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1 necessary in order to make the state2 ments made, in light of the cir3 cumstances under which they were 

4 made, not misleading. 

5 ‘‘(v) SAVINGS PROVISION.—Nothing in 

6 this subparagraph may be construed to im7 pair or limit the authority of the Securities 

8 and Exchange Commission under the Fed9 eral securities laws. 

10 ‘‘(vi) DEFINED TERM.—In this sub11 paragraph, the term ‘parties associated 

12 with a regional center’ means— 

13 ‘‘(I) the regional center; 

14 ‘‘(II) any commercial enterprise 

15 associated with the regional center; 

16 ‘‘(III) the regional center’s and 

17 associated commercial enterprise’s 

18 owners, officers, directors, managers, 

19 partners, broker-dealers, employees, 

20 and attorneys; and 

21 ‘‘(IV) any person in active con22 cert or participation with the regional 

23 center or directly or indirectly control24 ling, controlled by, or under common 

25 control with the regional center.’’. 


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1 (b) STUDY AND REPORT.— 

2 (1) IN GENERAL.—Not later than two years 

3 after the date of the enactment of this Act, the Sec4 retary of Homeland Security, in coordination with 

5 the Secretary of Commerce and after consultation 

6 with relevant Federal agencies, shall submit a report 

7 to the Committee on the Judiciary of the Senate and 

8 the Committee on the Judiciary of the House of 

9 Representatives that describes— 

10 (A) the percentage of completed and pend11 ing capital investment projects, within the scope 

12 of business plans approved or awaiting ap13 proval— 

14 (i) in targeted rural employment 

15 areas; 

16 (ii) in targeted high unemployment 

17 areas; 

18 (iii) in high poverty areas; 

19 (iv) for infrastructure projects; and 

20 (v) not included in the areas described 

21 in clauses (i) through (iii); 

22 (B) whether other Federal financial assist23 ance programs, such as economic development 

24 programs administered by the Department of 

25 Agriculture, the Department of Housing and 


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1 Urban Development, or the Community Devel2 opment Financial Institutions Fund, are also 

3 used or intended to support projects described 

4 in subparagraph (A); and 

5 (C) whether market demands to approve 

6 projects described in subparagraph (A) exceed 

7 the number of visas allowed under section 

8 203(b)(5)(F) of the Immigration and Nation9 ality Act, as added by subsection (a). 

10 (2) PUBLIC INPUT.—Not later than 60 days be11 fore the submission of the report required under 

12 paragraph (1), the public shall receive notice and an 

13 opportunity to comment. 

14 SEC. 8. AGE DETERMINATION FOR CHILDREN OF ALIEN IN15 VESTORS. 

16 Section 203(h) of the Immigration and Nationality 

17 Act (8 U.S.C. 1153(h)) is amended by adding at the end 

18 the following: 

19 ‘‘(5) AGE DETERMINATION FOR CHILDREN OF

20 ALIEN INVESTORS.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), an alien admitted under subsection 

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1 section (b)(5), whose lawful permanent resident 

2 status on a conditional basis is terminated 

3 under section 216A, shall continue to be consid4 ered a child of the principal alien for the pur5 pose of a subsequent immigrant petition by 

6 such alien under subsection (b)(5) if— 

7 ‘‘(i) the alien remains unmarried; and 

8 ‘‘(ii) the subsequent petition is filed 

9 by the principal alien not later than one 

10 year after the termination of conditional 

11 lawful permanent resident status. 

12 ‘‘(B) EXCEPTION.—An alien shall not be 

13 considered a child under this paragraph with 

14 respect to more than one petition filed after the 

15 alien reaches 21 years of age.’’. 

Æ 


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