I 

114TH CONGRESS 

1ST SESSION H. R. 3370 

To amend the Immigration and Nationality Act to promote innovation, 

investment, and research in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2015 

Ms. LOFGREN (for herself and Mr. GUTIE ́RREZ) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committees on Education and the Workforce and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Immigration and Nationality Act to promote 

innovation, investment, and research in the United 

States, and for other purposes. 

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— 

5 (1) the ‘‘Entrepreneurial Businesses Creating 

6 Jobs Act of 2015’’; or 

7 (2) the ‘‘EB-JOBS Act of 2015’’. 


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1 TITLE I—PROMOTING ENTRE2 PRENEURSHIP AND INNOVA3 TION 

4 SEC. 101. ENTREPRENEURS WHO ESTABLISH BUSINESSES 

5 AND CREATE JOBS IN THE UNITED STATES. 

6 (a) STARTUP BUSINESS AND JOB CREATION

7 VISAS.—Section 203(b) of the Immigration and Nation8 ality Act (8 U.S.C. 1153(b)) is amended— 

9 (1) by redesignating paragraph (6) as para10 graph (8); and 

11 (2) by inserting after paragraph (5) the fol12 lowing: 

13 ‘‘(6) STARTUP ENTREPRENEURS.— 

14 ‘‘(A) IN GENERAL.—Visas shall be made 

15 available, notwithstanding subsection (a)(2) or 

16 (d) of section 201 or the matter preceding para17 graph (1) of this subsection, to qualified immi18 grants who are described in subparagraph (B) 

19 or (C). 

20 ‘‘(B) VENTURE CAPITAL-BACKED START21 UP ENTREPRENEURS.—An alien is described in 

22 this subparagraph if the alien intends to found 

23 and actively engage in the management or oper24 ations of a new commercial enterprise (which 

25 may include any entity formed for the purpose 


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1 of doing for-profit business) in the United 

2 States— 

3 ‘‘(i) with respect to which the alien 

4 has completed an investment agreement re5 quiring an investment in the enterprise in 

6 an amount not less than— 

7 ‘‘(I) $500,000 on the part of— 

8 ‘‘(aa) a qualified venture 

9 capital fund whose investment 

10 adviser is a qualified venture cap11 ital entity; 

12 ‘‘(bb) 1 or more angel inves13 tors (of which at least 1 such in14 vestor is a qualified super angel 

15 investor providing $100,000 of 

16 the required investment); or 

17 ‘‘(cc) a qualified business 

18 entity; or 

19 ‘‘(II) $100,000 through a quali20 fied seed accelerator; and 

21 ‘‘(ii) which will benefit the United 

22 States economy, and, for purposes of this 

23 clause a commercial enterprise shall only 

24 be considered to benefit the United States 

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1 ning on the date on which the alien obtains 

2 status pursuant to a visa issued under this 

3 paragraph, it will— 

4 ‘‘(I) create permanent full-time 

5 employment for at least 5 United 

6 States workers; 

7 ‘‘(II) raise not less than an addi8 tional $2,000,000 in capital invest9 ment; 

10 ‘‘(III) generate not less than 

11 $1,000,000 in revenue; or 

12 ‘‘(IV) create permanent full-time 

13 employment for at least 3 United 

14 States workers who are each paid an 

15 annual salary in an amount of not 

16 less than $100,000. 

17 ‘‘(C) SELF-SPONSORED STARTUP ENTRE18 PRENEURS.—An alien is described in this sub19 paragraph if— 

20 ‘‘(i) the alien has founded and is ac21 tively engaging in the management and op22 erations of a new commercial enterprise 

23 (which may include any entity formed for 

24 the purpose of doing for-profit business) in 

25 the United States; 


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1 ‘‘(ii) the enterprise has created per2 manent full-time employment for at least 3 

3 United States workers; and 

4 ‘‘(iii) by not later than the end of the 

5 2-year period beginning on the date on 

6 which the alien obtains status pursuant to 

7 a visa issued under this paragraph the en8 terprise will create permanent full-time 

9 employment for a total of— 

10 ‘‘(I) at least 10 United States 

11 workers (which total may include the 

12 employment described in clause (ii)); 

13 or 

14 ‘‘(II) at least 7 United States 

15 workers (which may include the em16 ployment described in clause (ii)) who 

17 are each paid an annual salary in an 

18 amount not less than $100,000. 

19 ‘‘(D) INFLATION ADJUSTMENT.—Effective 

20 for the third fiscal year that begins more than 

21 6 months after the date of the enactment of 

22 this paragraph, and every third fiscal year 

23 thereafter, the monetary amounts described in 

24 subparagraphs (B) and (C) shall be increased 

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1 sumer Price Index for the month of June pre2 ceding the date on which such increase takes ef3 fect exceeds the Consumer Price Index for the 

4 same month of the calendar year 3 years prior. 

5 An increase described in the preceding sentence 

6 shall apply to aliens filing petitions under sec7 tion 204(a)(1)(H) on or after the date on which 

8 the increase takes effect. For purposes of this 

9 clause, the term ‘Consumer Price Index’ means 

10 the Consumer Price Index for all urban con11 sumers published by the Department of Labor. 

12 ‘‘(E) DEFINITIONS.—For purposes of this 

13 paragraph: 

14 ‘‘(i) PERMANENT FULL-TIME EMPLOY15 MENT.—The term ‘permanent full-time 

16 employment’ means employment in a posi17 tion that requires at least 35 hours of serv18 ice per week at any time, regardless of who 

19 fills the position, and which is expected to 

20 last for at least two years. Such employ21 ment may be satisfied on a full-time equiv22 alent basis by calculating the number of 

23 full-time employees who could have been 

24 employed if the reported number of hours 

25 worked by part-time employees had been 


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1 worked by full-time employees. Full-time 

2 equivalent employment shall be calculated 

3 by dividing the part-time hours paid by the 

4 standard number of hours for full-time em5 ployees. 

6 ‘‘(ii) INVESTMENT.—The term ‘invest7 ment’ does not include investing any assets 

8 acquired, directly or indirectly, by unlawful 

9 means. 

10 ‘‘(iii) INVESTMENT ADVISER.—The 

11 term ‘investment adviser’ has the meaning 

12 given such term under section 202(a)(11) 

13 of the Investment Advisers Act of 1940 

14 (15 U.S.C. 80b–2(a)(11)). 

15 ‘‘(iv) QUALIFIED BUSINESS ENTITY.— 

16 The term ‘qualified business entity’ means, 

17 with respect to a qualified immigrant, an 

18 entity that— 

19 ‘‘(I) has been operating for a pe20 riod beginning on a date that is not 

21 less than 2 years before the date of 

22 the petition for classification under 

23 this paragraph; 


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1 ‘‘(II) employs not fewer than 10 

2 United States workers in the United 

3 States; and 

4 ‘‘(III) has employed the alien for 

5 not less than 1 year on the date of the 

6 petition for classification under this 

7 paragraph. 

8 ‘‘(v) QUALIFIED SEED ACCEL9 ERATOR.—The term ‘qualified seed accel10 erator’ means, with respect to a qualified 

11 immigrant, an entity that— 

12 ‘‘(I) is based in the United 

13 States; 

14 ‘‘(II) has a majority of ownership 

15 and control that is held by individuals 

16 who are United States citizens or 

17 aliens lawfully admitted to the United 

18 States for permanent residence; 

19 ‘‘(III) has been operating for a 

20 period of at least 2 years before the 

21 date of the petition for classification 

22 under this paragraph; and 

23 ‘‘(IV) before the date of the peti24 tion for classification under this para25 graph, has made at least— 


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1 ‘‘(aa) 5 seed investments in 

2 startup businesses that are each 

3 valued at not less than 

4 $100,000,000; or 

5 ‘‘(bb) 20 seed investments in 

6 startup businesses that are to7 gether valued at not less than 

8 $150,000,000. 

9 ‘‘(vi) QUALIFIED SUPER ANGEL IN10 VESTOR.—The term ‘qualified super angel 

11 investor’ means, with respect to a qualified 

12 immigrant, an individual who— 

13 ‘‘(I) is an accredited investor (as 

14 defined in section 230.501(a) of title 

15 17, Code of Federal Regulations (as 

16 in effect on April 1, 2010)); 

17 ‘‘(II) is a United States citizen or 

18 an alien lawfully admitted to the 

19 United States for permanent resi20 dence; and 

21 ‘‘(III) has made at least— 

22 ‘‘(aa) 2 equity investments 

23 of not less than $50,000 in each 

24 of the 3 years before the date of 


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1 the petition for classification 

2 under this paragraph; or 

3 ‘‘(bb) 15 equity investments 

4 with a total investment of not 

5 less than $250,000 during the 3- 

6 year period preceding the date of 

7 the petition for classification 

8 under this paragraph. 

9 ‘‘(vii) QUALIFIED VENTURE CAPITAL

10 ENTITY.—The term ‘qualified venture cap11 ital entity’ means, with respect to a quali12 fied immigrant, an entity that— 

13 ‘‘(I) serves as an investment ad14 viser to a venture capital fund that is 

15 making an investment under this 

16 paragraph; 

17 ‘‘(II) has its primary office loca18 tion or principal place of business in 

19 the United States; 

20 ‘‘(III) has a majority of owner21 ship and control that is held by indi22 viduals who are United States citizens 

23 or aliens lawfully admitted to the 

24 United States for permanent resi25 dence; 


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1 ‘‘(IV) has been advising one or 

2 more venture capital funds for a pe3 riod of at least 2 years before the date 

4 of the petition for classification under 

5 this paragraph; and 

6 ‘‘(V) advises one or more venture 

7 capital funds that have made at 

8 least— 

9 ‘‘(aa) 2 investments of not 

10 less than $500,000 in each of the 

11 2 years before the date of the pe12 tition for classification under this 

13 paragraph; or 

14 ‘‘(bb) 15 investments with a 

15 total investment of not less than 

16 $3,000,000 during the 3-year pe17 riod preceding the date of the pe18 tition for classification under this 

19 paragraph. 

20 ‘‘(viii) VENTURE CAPITAL FUND.— 

21 The term ‘venture capital fund’ means an 

22 entity— 

23 ‘‘(I) that is classified as a ‘ven24 ture capital operating company’ under 

25 section 2510.3–101(d) of title 29, 


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1 Code of Federal Regulations (as in ef2 fect on January 1, 2015), or has man3 agement rights in its portfolio compa4 nies to the extent required by such 

5 section if the venture capital fund 

6 were classified as a venture capital op7 erating company; 

8 ‘‘(II) has capital commitments of 

9 not less than $10,000,000; and 

10 ‘‘(III) in which the majority of 

11 ownership and control of the general 

12 partner or managing members is held 

13 by individuals who are United States 

14 citizens or aliens lawfully admitted to 

15 the United States for permanent resi16 dence. 

17 ‘‘(ix) SEED INVESTMENT.—The term 

18 ‘seed investment’ means an investment in 

19 which a seed accelerator makes an invest20 ment into a startup business that is valued 

21 at less than $10 million at the time of the 

22 investment in exchange for at least 4 per23 cent of the equity in the startup busi24 nesses. 


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1 ‘‘(x) UNITED STATES WORKER.—The 

2 term ‘United States worker’ means an em3 ployee (other than the immigrant or the 

4 immigrant’s spouse, son, or daughter) who 

5 is— 

6 ‘‘(I) a citizen or national of the 

7 United States; or 

8 ‘‘(II) an alien who is lawfully ad9 mitted for permanent residence, is ad10 mitted as a refugee under section 207, 

11 is granted asylum under section 208, 

12 or is an immigrant otherwise author13 ized to be employed in the United 

14 States. 

15 ‘‘(F) DELEGATION OF CERTAIN EB–6 AU16 THORITY.— 

17 ‘‘(i) IN GENERAL.—The Secretary of 

18 Homeland Security may delegate to the 

19 Secretary of Commerce authority and re20 sponsibility for determinations under sec21 tions 203(b)(6) and 216A (with respect to 

22 an alien entrepreneur who obtains status 

23 under section 203(b)(6)) of the Immigra24 tion and Nationality Act (8 U.S.C. 

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1 mining whether an alien has met employ2 ment creation requirements. 

3 ‘‘(ii) REGULATIONS.—The Secretary 

4 of Homeland Security and the Secretary of 

5 Commerce may each adopt such rules and 

6 regulations as are necessary to carry out 

7 the delegation authorized under clause (i), 

8 including regulations governing the eligi9 bility criteria for obtaining benefits pursu10 ant to this paragraph. 

11 ‘‘(iii) USE OF FEES.—Adjudication 

12 fees described in section 286(m) of the Im13 migration and Nationality Act (8 U.S.C. 

14 1356(m)) shall remain available until ex15 pended to reimburse the Secretary of Com16 merce for the costs of any determinations 

17 made by the Secretary of Commerce under 

18 clause (i). 

19 ‘‘(7) TREATY INVESTORS.—Visas shall be made 

20 available, notwithstanding subsection (a)(2) or (d) of 

21 section 201 or the matter preceding paragraph (1) 

22 of this subsection, to qualified immigrants who have 

23 been issued a visa or otherwise provided non24 immigrant status under section 101(a)(15)(E)(ii) 

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1 tor), maintained that status for a minimum of 10 

2 years, and created full-time employment for at least 

3 5 United States workers for a minimum of 10 

4 years.’’. 

5 (b) PROCEDURE FOR GRANTING IMMIGRANT STA6 TUS.—Section 204(a)(1)(H) of the Immigration and Na7 tionality Act (8 U.S.C. 1154(a)(1)(H)) is amended by 

8 striking ‘‘section 203(b)(5)’’ and inserting ‘‘paragraph 

9 (5), (6), or (7) of section 203(b)’’. 

10 (c) CONDITIONAL PERMANENT RESIDENT STATUS.— 

11 Section 216A of the Immigration and Nationality Act (8 

12 U.S.C. 1186b) is amended— 

13 (1) by striking ‘‘Attorney General’’ each place 

14 such term appears and inserting ‘‘Secretary of 

15 Homeland Security’’; 

16 (2) in subsection (b)(1)— 

17 (A) in subparagraph (A), by striking ‘‘in18 vestment’’ and inserting ‘‘investment or engage19 ment’’; 

20 (B) by amending subparagraph (B) to read 

21 as follows: 

22 ‘‘(B) the requisite investment or engage23 ment was not made; or’’; and 


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1 (C) in subparagraph (C), by striking ‘‘sec2 tion 203(b)(5)’’ and inserting ‘‘paragraph (5) 

3 or (6) of section 203(b), as applicable’’; 

4 (3) in subsection (d)(1)— 

5 (A) in the matter preceding subparagraph 

6 (A), by striking ‘‘the alien’’; 

7 (B) by amending subparagraph (A) to read 

8 as follows: 

9 ‘‘(A) the requisite investment or engage10 ment was made; and’’; and 

11 (C) in subparagraph (B), by striking ‘‘sec12 tion 203(b)(5)’’ and inserting ‘‘paragraph (5) 

13 or (6) of section 203(b), as applicable’’; and 

14 (4) in subsection (f)— 

15 (A) in paragraph (1), by striking ‘‘section 

16 203(b)(5)’’ and inserting ‘‘paragraph (5) or (6) 

17 of section 203(b)’’; and 

18 (B) in paragraph (3), by striking ‘‘a lim19 ited partnership’’ and inserting ‘‘any entity 

20 formed for the purpose of doing for-profit busi21 ness’’. 

22 (d) CAP EXEMPTION.—Section 201(b)(1) of the Im23 migration and Nationality Act (8 U.S.C. 1151(b)(1)), is 

24 amended by adding at the end the following: 


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1 ‘‘(F) Aliens described in paragraph (6) or 

2 (7) of section 203(b).’’. 

3 SEC. 102. IMMIGRANT ENTREPRENEURS AND INNOVATORS 

4 PRESENT IN THE UNITED STATES. 

5 Section 245 of the Immigration and Nationality Act 

6 (8 U.S.C. 1255) is amended by adding at the end the fol7 lowing: 

8 ‘‘(n) IMMIGRANT ENTREPRENEURS AND INNOVATORS

9 PRESENT IN THE UNITED STATES.—An alien who is eligi10 ble to receive an immigrant visa under paragraph (6) or 

11 (7) of section 203(b) may adjust status pursuant to sub12 section (a) and notwithstanding paragraph (2), (7), or (8) 

13 of subsection (c) and paragraphs (6)(A) and (7) of section 

14 212(a), if the alien was present in the United States on 

15 the date of the enactment of the EB-JOBS Act of 2015 

16 and has been continuously present since that date.’’. 

17 TITLE II—PROMOTING INVEST18 MENT IN THE AMERICAN 

19 ECONOMY 

20 SEC. 201. EB–5 EMPLOYMENT CREATION INVESTOR PRO21 GRAM. 

22 (a) PERMANENT AUTHORIZATION OF EB–5 EMPLOY23 MENT CREATION REGIONAL CENTER PROGRAM.—Section 

24 203(b)(5) of the Immigration and Nationality Act (8 


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1 U.S.C. 1153(b)(5)) is amended by adding at the end the 

2 following: 

3 ‘‘(E) SET-ASIDE FOR EMPLOYMENT CRE4 ATION REGIONAL CENTERS.— 

5 ‘‘(i) IN GENERAL.—Of the visas other6 wise available under this paragraph, the 

7 Secretary of State, together with the Sec8 retary of Homeland Security, shall set 

9 aside at least 5,000 visas for a program in10 volving regional centers designated by the 

11 Secretary of Homeland Security, on the 

12 basis of a general proposal, for the pro13 motion of economic growth, including im14 proved regional productivity, job creation, 

15 or increased domestic capital investment. A 

16 regional center shall have jurisdiction over 

17 a specific geographic area, which shall be 

18 described in the proposal and consistent 

19 with the purpose of concentrating pooled 

20 investment in defined economic zones. The 

21 establishment of a regional center under 

22 this subparagraph may be based on gen23 eral predictions, contained in the proposal, 

24 concerning the kinds of new commercial 

25 enterprises that will receive capital from 


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1 aliens under this paragraph, the jobs that 

2 will be created (directly or indirectly) as a 

3 result of such capital investments and the 

4 other positive economic effects such capital 

5 investments will have. 

6 ‘‘(ii) METHODOLOGIES.—In deter7 mining compliance with this subparagraph, 

8 and notwithstanding requirements applica9 ble to investors not involving regional cen10 ters, the Secretary of Homeland Security, 

11 in consultation with the Secretary of Com12 merce, shall recognize reasonable meth13 odologies for determining the number of 

14 jobs created by a designated regional cen15 ter, including such jobs that are estimated 

16 to have been created indirectly through 

17 revenues generated from increased exports, 

18 improved regional productivity, or in19 creased domestic capital investment result20 ing from the regional center. The Sec21 retary may consider estimated job creation 

22 outside the geographic boundary of a des23 ignated regional center if such estimate is 

24 supported by substantial evidence and con25 stitutes no more than 50 percent of the 


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1 overall number of jobs estimated to be cre2 ated by such regional center. 

3 ‘‘(iii) PREAPPROVAL OF NEW COM4 MERCIAL ENTERPRISES.—The Secretary of 

5 Homeland Security shall establish a 

6 preapproval procedure that— 

7 ‘‘(I) allows a regional center to 

8 apply to the Secretary for approval of 

9 a particular investment offering 

10 through a new commercial enterprise 

11 before any alien files a petition for 

12 classification under this paragraph by 

13 reason of investment in the new com14 mercial enterprise; 

15 ‘‘(II) in considering an applica16 tion under subclause (I), requires that 

17 the Secretary make final decisions on 

18 all issues under this paragraph other 

19 than those issues unique to an indi20 vidual investor in the new commercial 

21 enterprise; and 

22 ‘‘(III) requires that the Secretary 

23 eliminate the need for the repeated 

24 submission of documentation that is 

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1 sification under this paragraph 

2 through a regional center. 

3 ‘‘(iv) FEE FOR REGIONAL CENTER

4 DESIGNATION.—In addition to any other 

5 fees authorized by law, the Secretary of 

6 Homeland Security shall impose a fee to 

7 apply for designation as an EB–5 regional 

8 center under this paragraph. Fees collected 

9 under this paragraph shall be deposited in 

10 the Treasury in accordance with section 

11 286(y). 

12 ‘‘(v) SITE VISITS.—The Secretary 

13 shall perform site visits on a random basis 

14 of not less than 5 percent of all approved 

15 regional center capital investment projects 

16 each fiscal year. 

17 ‘‘(F) REGIONAL CENTER ANNUAL STATE18 MENTS.— 

19 ‘‘(i) IN GENERAL.—Each regional cen20 ter designated under subparagraph (E) 

21 shall annually submit, to the Director of 

22 United States Citizenship and Immigration 

23 Services (referred to in this subparagraph 

24 as the ‘Director’), in a manner prescribed 


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1 by the Secretary of Homeland Security, 

2 statements, including— 

3 ‘‘(I) a description of any pending 

4 litigation or bankruptcy proceedings 

5 or litigation or bankruptcy pro6 ceedings resolved during the preceding 

7 fiscal year, involving the regional cen8 ter or an associated commercial enter9 prise; 

10 ‘‘(II) an accounting of all foreign 

11 investor money invested in the re12 gional center or its associated com13 mercial enterprises; and 

14 ‘‘(III) for each associated com15 mercial enterprise— 

16 ‘‘(aa) an accounting of the 

17 aggregate capital invested in the 

18 associated commercial enterprise 

19 by immigrants under subpara20 graph (E) for each capital invest21 ment project being undertaken by 

22 the associated commercial enter23 prise; 

24 ‘‘(bb) a description of how 

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1 cute each capital investment 

2 project in the approved business 

3 plan; 

4 ‘‘(cc) evidence that 100 per5 cent of such capital has been ir6 revocably committed to each cap7 ital investment project; 

8 ‘‘(dd) detailed evidence of 

9 the progress made toward the 

10 completion of the capital invest11 ment project; 

12 ‘‘(ee) an accounting of the 

13 aggregate direct and indirect jobs 

14 created or preserved; 

15 ‘‘(ff) for all fees collected 

16 from alien entrepreneurs by any 

17 party in connection with the as18 sociated commercial enterprise, 

19 including administrative, loan 

20 monitoring, or loan management 

21 fees— 

22 ‘‘(AA) a description of 

23 all fees collected; 


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1 ‘‘(BB) a list of the enti2 ties that received such fees; 

3 and 

4 ‘‘(CC) the purpose for 

5 which such fees were col6 lected; and 

7 ‘‘(gg) a certification by the 

8 regional center that such state9 ments are accurate. 

10 ‘‘(ii) ASSOCIATED COMMERCIAL EN11 TERPRISE.—For purposes of this para12 graph, the term ‘associated commercial en13 terprise’ means any for-profit entity that 

14 associates with a regional center and re15 ceives, or is established to receive, capital 

16 investment under the regional center pro17 gram described in subparagraph (E). 

18 ‘‘(iii) AMENDMENT OF ANNUAL

19 STATEMENTS.—If the Director determines 

20 that an annual statement submitted pursu21 ant to clause (i) is deficient, the Director 

22 may require the regional center to amend 

23 or supplement such annual statement. 

24 ‘‘(iv) SANCTIONS.— 


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1 ‘‘(I) EFFECT OF VIOLATION.—If 

2 a regional center fails to submit an 

3 annual statement or if the Director 

4 determines— 

5 ‘‘(aa) that a statement sub6 mitted pursuant to this subpara7 graph is materially inaccurate or 

8 insufficient; or 

9 ‘‘(bb) that the regional cen10 ter is conducting itself in a man11 ner inconsistent with its designa12 tion, 

13 the Director may sanction the vio14 lating entity or individual under sub15 clause (II). 

16 ‘‘(II) AUTHORIZED SANCTIONS.— 

17 The Director shall establish a grad18 uated set of sanctions for violations 

19 referred to in subclause (I), includ20 ing— 

21 ‘‘(aa) fines equal to not 

22 more than 5 percent of the total 

23 capital invested by immigrant in24 vestors in the commercial enter25 prise, the payment of which shall 


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1 not in any circumstance utilize 

2 any of such alien entrepreneurs’ 

3 capital investment; 

4 ‘‘(bb) temporary suspension 

5 from participation in the pro6 gram described in subparagraph 

7 (E), which may be lifted by the 

8 Director if the individual or enti9 ty cures the alleged violation 

10 after being provided such an op11 portunity by the Director; 

12 ‘‘(cc) permanent bar from 

13 program participation for 1 or 

14 more individuals involved with 

15 the regional center; and 

16 ‘‘(dd) termination of re17 gional center status. 

18 ‘‘(G) BONA FIDES OF PERSONS INVOLVED

19 WITH REGIONAL CENTERS OR ASSOCIATED COM20 MERCIAL ENTERPRISES.— 

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

22 permitted by any regional center or associ23 ated commercial enterprise to be involved 

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1 mercial enterprise if the Secretary of 

2 Homeland Security— 

3 ‘‘(I) determines such person has 

4 been found liable within the previous 

5 5 years for any criminal or civil viola6 tion of any law relating to fraud or 

7 deceit, or at any time if such violation 

8 involved a criminal conviction with a 

9 term of imprisonment of at least 1 

10 year or a criminal or civil violation of 

11 any law or agency regulation in con12 nection with the purchase or sale of a 

13 security; or 

14 ‘‘(II) knows or has reasonable 

15 cause to believe that the person is en16 gaged in, has ever been engaged in, or 

17 seeks to engage in any— 

18 ‘‘(aa) illicit trafficking in 

19 any controlled substance; 

20 ‘‘(bb) activity relating to es21 pionage or sabotage; 

22 ‘‘(cc) activity related to 

23 money laundering (as described 

24 in section 1956 or 1957 of title 

25 18, United States Code); 


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1 ‘‘(dd) terrorist activity (as 

2 defined in clauses (iii) and (iv) of 

3 section 212(a)(3)(B)); 

4 ‘‘(ee) human trafficking or 

5 human rights offense; or 

6 ‘‘(ff) violation of any stat7 ute, regulation, or Executive 

8 order regarding foreign financial 

9 transactions or foreign asset con10 trol. 

11 ‘‘(ii) PERSONS INVOLVED WITH A RE12 GIONAL CENTER OR ASSOCIATED COMMER13 CIAL ENTERPRISE.—For the purposes of 

14 this paragraph, a person is considered to 

15 be ‘involved’ with a regional center or an 

16 associated commercial enterprise if he or 

17 she is the principal, representative, admin18 istrator, owner, officer, board member, 

19 manager, executive, general partner, fidu20 ciary, marketer, promoter, director, or 

21 other similar position of substantial au22 thority for the operations, management, or 

23 promotion of the regional center or associ24 ated commercial enterprise, respectively. 


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1 ‘‘(iii) STATUS OF REGIONAL CENTER

2 PRINCIPALS.— 

3 ‘‘(I) LAWFUL STATUS RE4 QUIRED.—No person may be directly 

5 or indirectly involved with a regional 

6 center unless the person is a national 

7 of the United States or an individual 

8 who has been lawfully admitted for 

9 permanent residence. 

10 ‘‘(II) FOREIGN GOVERNMENTS.— 

11 No foreign government entity may be 

12 directly or indirectly associated with 

13 the ownership or administration of a 

14 regional center. 

15 ‘‘(iv) INFORMATION REQUIRED.—The 

16 Secretary shall require such attestations 

17 and information, including the submission 

18 of fingerprints to the Federal Bureau of 

19 Investigation, and shall perform such 

20 criminal record checks and other back21 ground checks with respect to a regional 

22 center, and persons involved in a regional 

23 center or associated commercial enterprise, 

24 as described in clause (i), as the Secretary 

25 considers appropriate to determine whether 


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1 the regional center or associated commer2 cial enterprise is in compliance with clause 

3 (i). The Secretary may require the infor4 mation and attestations described in this 

5 clause from such regional center or associ6 ated commercial enterprise, and any per7 son involved in the regional center or asso8 ciated commercial enterprise, at any time 

9 on or after the date of the enactment of 

10 the EB-JOBS Act of 2015. 

11 ‘‘(v) CERTIFICATION.—A regional cen12 ter must provide a certification on an an13 nual basis that it remains in compliance 

14 with clauses (i) and (iii). 

15 ‘‘(vi) TERMINATION.—The Secretary 

16 shall terminate any regional center from 

17 the program that fails to provide a certifi18 cation as required under clause (v). The 

19 Secretary may terminate any regional cen20 ter from the program under this paragraph 

21 if he or she determines that— 

22 ‘‘(I) the regional center or associ23 ated commercial enterprise has vio24 lated clause (i); 


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1 ‘‘(II) the regional center is in vio2 lation of clause (iii); 

3 ‘‘(III) the regional center or asso4 ciated commercial enterprise or any 

5 person involved with the regional cen6 ter or associated commercial enter7 prise has provided any false attesta8 tion or information under clause (iv); 

9 or 

10 ‘‘(IV) the regional center or asso11 ciated commercial enterprise or any 

12 person involved with the regional cen13 ter or associated commercial enter14 prise fails to provide an attestation or 

15 information requested by the Sec16 retary under clause (iv). 

17 ‘‘(H) REGIONAL CENTER COMPLIANCE

18 WITH SECURITIES LAWS.— 

19 ‘‘(i) CERTIFICATION REQUIRED.—The 

20 Secretary of Homeland Security shall not 

21 approve an application for regional center 

22 designation or regional center amendment 

23 that does not certify that the regional cen24 ter and, to the best knowledge of the appli25 cant, all parties to the regional center are 


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1 in, and will maintain, compliance with the 

2 securities laws of the United States. 

3 ‘‘(ii) MONITORING AND SUPER4 VISION.—In furtherance of the certification 

5 described in clause (i), the regional center 

6 shall be required to monitor and supervise 

7 all offers and sales of securities which are 

8 made by associated commercial enterprises 

9 to ensure compliance with the securities 

10 laws of the United States, and to maintain 

11 records, data, and information relating to 

12 all such offers and sales of securities. 

13 ‘‘(iii) TERMINATION OR SUSPEN14 SION.—The Secretary shall terminate the 

15 designation of any regional center that 

16 does not provide the certification described 

17 in clause (i) on an annual basis. In addi18 tion to any other authority provided to the 

19 Secretary regarding the regional center 

20 program described in subparagraph (E), 

21 the Secretary may, in the Secretary’s 

22 unreviewable discretion, suspend or termi23 nate the designation of any regional center 

24 if he or she determines that the regional 


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1 center or any party to the regional cen2 ter— 

3 ‘‘(I) is 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; 

8 ‘‘(II) is subject to any final order 

9 of the Securities and Exchange Com10 mission that— 

11 ‘‘(aa) bars such person from 

12 association with an entity regu13 lated by the Securities and Ex14 change Commission; or 

15 ‘‘(bb) constitutes a final 

16 order based on violations in con17 nection with the offer, purchase, 

18 or sale of a security; or 

19 ‘‘(III) knowingly submitted or 

20 caused to be submitted a certification 

21 described in clause (i) that contained 

22 an untrue statement of a material fact 

23 or omitted to state a material fact 

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1 cumstances under which they were 

2 made, not misleading. 

3 ‘‘(iv) SAVINGS PROVISION.—Nothing 

4 in this subparagraph may be construed to 

5 impair or limit the authority of the Securi6 ties and Exchange Commission under the 

7 Federal securities laws. 

8 ‘‘(v) DEFINED TERM.—For the pur9 pose of this subparagraph, the term ‘party 

10 to the regional center’ means— 

11 ‘‘(I) the regional center or associ12 ated commercial enterprise; 

13 ‘‘(II) the regional center or asso14 ciated commercial enterprise’s owners, 

15 officers, directors, managers, partners, 

16 agents, employees, promoters, and at17 torneys; and 

18 ‘‘(III) any person in active con19 cert or participation with the regional 

20 center or associated commercial enter21 prise or directly or indirectly control22 ling, controlled by, or under common 

23 control with the regional center or as24 sociated commercial enterprise. 


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1 ‘‘(I) FRAUD, MISREPRESENTATION, CRIMI2 NAL MISUSE, AND THREATS TO NATIONAL SE3 CURITY.—If the Secretary of Homeland Secu4 rity determines that participation of the re5 gional center in the program is contrary to the 

6 national interest of the United States, poses a 

7 threat to national security, or that the regional 

8 center or any person involved with the regional 

9 center is engaged or seeks to engage in any 

10 criminal or civil violation of any law relating to 

11 fraud, deceit, misrepresentation, or criminal 

12 misuse, the Secretary may— 

13 ‘‘(i) deny or revoke an approval of a 

14 regional center designation; 

15 ‘‘(ii) terminate an approved regional 

16 center designation; 

17 ‘‘(iii) deny or revoke a preapproval 

18 under section 203(b)(5)(E)(iii) of the Im19 migration and Nationality Act; 

20 ‘‘(iv) deny or revoke a petition seeking 

21 classification of an alien as an alien inves22 tor under this paragraph; or 

23 ‘‘(v) deny a petition to remove condi24 tions under section 216A. 


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1 ‘‘(J) DELEGATION OF CERTAIN EB–5 AU2 THORITY.— 

3 ‘‘(i) IN GENERAL.—The Secretary of 

4 Homeland Security may delegate to the 

5 Secretary of Commerce authority and re6 sponsibility for determinations under sec7 tions 203(b)(5) and 216A (with respect to 

8 an alien entrepreneur who obtains status 

9 under section 203(b)(5)) of the Immigra10 tion and Nationality Act (8 U.S.C. 

11 1153(b)(5) and 1186a), including deter12 mining whether an alien has met employ13 ment creation requirements. 

14 ‘‘(ii) REGULATIONS.—The Secretary 

15 of Homeland Security and the Secretary of 

16 Commerce may each adopt such rules and 

17 regulations as are necessary to carry out 

18 the delegation authorized under clause (i), 

19 including regulations governing the eligi20 bility criteria for obtaining benefits pursu21 ant to this subsection. 

22 ‘‘(iii) USE OF FEES.—Adjudication 

23 fees described in section 286(m) of the Im24 migration and Nationality Act (8 U.S.C. 

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1 pended to reimburse the Secretary of Com2 merce for the costs of any determinations 

3 made by the Secretary of Commerce under 

4 clause (i).’’. 

5 (b) TARGETED EMPLOYMENT AREAS.—Section 

6 203(b)(5)(B) of the Immigration and Nationality Act (8 

7 U.S.C. 1153(b)(5)(B)) is amended as follows: 

8 (1) SET ASIDE VISAS.—In clause (i), to read as 

9 follows: 

10 ‘‘(i)(I) Not less than 2,000 of the 

11 visas made available under this paragraph 

12 in each fiscal year shall be reserved for 

13 qualified immigrants who invest in a new 

14 commercial enterprise described in sub15 paragraph (A) which will create employ16 ment in an area described in clause (ii)(I). 

17 ‘‘(II) Not less than 4,000 of the visas 

18 made available under this paragraph in 

19 each fiscal year shall be reserved for quali20 fied immigrants who invest in a new com21 mercial enterprise described in subpara22 graph (A) which will create employment in 

23 an area described in clause (ii)(II). 

24 ‘‘(III) Not less than 2,000 of the visas 

25 made available under this paragraph in 


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1 each fiscal year shall be reserved for quali2 fied immigrants who invest in a new com3 mercial enterprise described in subpara4 graph (A) which will create employment in 

5 an area described in subclause (III), (IV), 

6 or (V) of clause (ii). 

7 ‘‘(IV) Notwithstanding section 

8 203(b)(1), any visa number made available 

9 by subclause (I), (II), or (III), and which 

10 has not been used at the end of the fiscal 

11 year in which it was made available, will 

12 remain available for qualified immigrants 

13 as described in each respective subclause.’’. 

14 (2) TARGETED EMPLOYMENT AREA DEFINED.— 

15 In clause (ii), to read as follows: 

16 ‘‘(ii) TARGETED EMPLOYMENT AREA

17 DEFINED.—In this paragraph, the term 

18 ‘targeted employment area’ means— 

19 ‘‘(I) a rural area; 

20 ‘‘(II) an area that has experi21 enced high unemployment (of at least 

22 150 percent of the national average 

23 rate) within the preceding 12 months; 


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1 ‘‘(III) a county that has had a 20 

2 percent or more decrease in popu3 lation since 1970; 

4 ‘‘(IV) an area that is within the 

5 boundaries established for purposes of 

6 a State or Federal economic develop7 ment incentive program, including 

8 areas defined as Enterprise Zones, 

9 Renewal Communities and Empower10 ment Zones; or 

11 ‘‘(V) an area within the geo12 graphic boundaries of any military in13 stallation closed pursuant to a base 

14 closure law (as defined in section 

15 101(a)(17) of title 10, United States 

16 Code).’’. 

17 (3) RURAL AREA DEFINED.—In clause (iii), by 

18 striking ‘‘within a metropolitan statistical area or’’. 

19 (4) AREA THAT HAS EXPERIENCED HIGH UN20 EMPLOYMENT DEFINED.—By adding after clause 

21 (iii) the following: 

22 ‘‘(iv) AREA THAT HAS EXPERIENCED

23 HIGH UNEMPLOYMENT.—The term ‘area 

24 that has experienced high unemployment’ 

25 means an area, comprising of one or more 


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1 contiguous census tracts within one Core 

2 Based Statistical Area, that has an unem3 ployment rate that is at least 150 percent 

4 of the national average unemployment 

5 rate, using the most recent census data 

6 available.’’. 

7 (5) EFFECT OF PRIOR DETERMINATION.—By 

8 adding at the end the following: 

9 ‘‘(v) EFFECT OF PRIOR DETERMINA10 TION.—In a case in which a geographic 

11 area is determined under clause (ii) to be 

12 a targeted employment area, such deter13 mination shall remain in effect during the 

14 5-year period beginning on the date of the 

15 determination for purposes of any alien 

16 seeking a visa reserved under this subpara17 graph.’’. 

18 (c) CALCULATING JOB CREATION.—Section 

19 203(b)(5)(D) of such Act (8 U.S.C. 1153(b)(5)(D)) is 

20 amended to read as follows: 

21 ‘‘(D) PERMANENT FULL-TIME EMPLOY22 MENT.—In this paragraph, the term ‘perma23 nent full-time employment’ means employment 

24 in a position that requires at least 35 hours of 

25 service per week at any time, regardless of who 


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1 fills the position and which is expected to last 

2 for at least two years. Such employment may be 

3 satisfied on a full-time equivalent basis by cal4 culating the number of full-time employees that 

5 could have been employed if the reported num6 ber of hours worked by part-time employees had 

7 been worked by full-time employees. Full-time 

8 equivalent employment shall be calculated by di9 viding the part-time hours paid by the standard 

10 number of hours for full-time employees.’’. 

11 (d) CAPITAL.—Section 203(b)(5)(C) of the Immigra12 tion and Nationality Act (8 U.S.C. 1153(b)(5)(C)) is 

13 amended by adding at the end the following: 

14 ‘‘(iv) CAPITAL DEFINED.—For pur15 poses of this paragraph, the term ‘capital’ 

16 does not include any assets acquired, di17 rectly or indirectly, by unlawful means. 

18 ‘‘(v) INFLATION ADJUSTMENT.— 

19 ‘‘(I) INITIAL ADJUSTMENT.—Ef20 fective for the first fiscal year that be21 gins more than 6 months after the 

22 date of the enactment of this sub23 clause, the amount specified in the 

24 first sentence of clause (i) shall be 

25 $2,000,000. An increase described in 


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1 the preceding sentence shall apply to 

2 aliens filing petitions under section 

3 204(a)(1)(H) on or after the date on 

4 which the increase takes effect, unless 

5 the petition is filed by reason of an in6 vestment in a new commercial enter7 prise for which a preapproval under 

8 section 203(b)(5)(E)(iii) was filed be9 fore the date the increase takes effect. 

10 ‘‘(II) SUBSEQUENT ADJUST11 MENTS.—The amount described in 

12 subclause (I) (as of the last increase 

13 to such amount) shall be increased 

14 every third year by the percentage (if 

15 any) by which the Consumer Price 

16 Index for the month of June pre17 ceding the date on which such in18 crease takes effect exceeds the Con19 sumer Price Index for the same 

20 month of the calendar year 3 years 

21 prior. An increase described in the 

22 preceding sentence shall apply to 

23 aliens filing petitions under section 

24 204(a)(1)(H) on or after the date on 

25 which the increase takes effect, unless 


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1 the petition is filed by reason of an in2 vestment in a new commercial enter3 prise for which a preapproval under 

4 section 203(b)(5)(E)(iii) was filed be5 fore the date the increase takes effect. 

6 ‘‘(III) DEFINITION.—For pur7 poses of this clause, the term ‘Con8 sumer Price Index’ means the Con9 sumer Price Index for all urban con10 sumers published by the Department 

11 of Labor.’’. 

12 (e) TYPE OF INVESTMENT.—Section 203(b)(5)(A) of 

13 the Immigration and Nationality Act (8 U.S.C. 

14 1153(b)(5)(A)), is amended as follows: 

15 (1) ANY FOR-PROFIT ENTITY CAN BE A NEW

16 COMMERCIAL ENTERPRISE.—In the matter pre17 ceding clause (i), by striking ‘‘including a limited 

18 partnership’’ and inserting ‘‘which may include any 

19 entity formed for the purpose of doing for-profit 

20 business’’. 

21 (2) LENGTH OF INVESTMENT DEFINED.—In 

22 clause (i), by inserting ‘‘and which is expected to re23 main invested for not less than 2 years’’ after 

24 ‘‘(C),’’. 


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1 (3) JOB CREATION BENEFITS THE ECONOMY.— 

2 By amending clause (ii) to read as follows: 

3 ‘‘(ii) which will benefit the United 

4 States economy. A commercial enterprise 

5 will only be considered to benefit the 

6 United States economy if it will create per7 manent full-time employment for at least 

8 10 United States workers. For the pur9 poses of this paragraph, the term ‘United 

10 States worker’ means— 

11 ‘‘(I) an employee (other than the 

12 immigrant or the immigrant’s spouse, 

13 son, or daughter) who is a citizen or 

14 national of the United States; or 

15 ‘‘(II) is an alien who is lawfully 

16 admitted for permanent residence, is 

17 admitted as a refugee under section 

18 207, is granted asylum under section 

19 208, or is otherwise authorized to be 

20 employed in the United States.’’. 

21 (f) EXTENSION.—Subparagraph (A) of section 

22 216A(d)(2) of the Immigration and Nationality Act (8 

23 U.S.C. 1186b(d)(2)(A)) is amended by adding at the end 

24 the following: ‘‘The fourth anniversary shall be substituted 

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1 tence if the petitioner provides an explanation for the 

2 delay in filing the petition that is based on circumstances 

3 outside of the petitioner’s control, and demonstrates that 

4 such circumstances will be able to be resolved by the 

5 fourth anniversary.’’. 

6 (g) STUDY.— 

7 (1) IN GENERAL.—The Secretary of Homeland 

8 Security, in appropriate consultation with the Sec9 retary of Commerce and other interested parties, 

10 shall conduct a study concerning— 

11 (A) current job creation counting method12 ology and initial projections under section 

13 203(b)(5) of the Immigration and Nationality 

14 Act (8 U.S.C. 1153(b)(5)); and 

15 (B) how to best promote the employment 

16 creation program described in such section 

17 overseas to potential immigrant investors. 

18 (2) REPORT.—The Secretary of Homeland Se19 curity shall submit a report to the Committee on the 

20 Judiciary of the House of Representatives and the 

21 Committee on the Judiciary of the Senate not later 

22 than 1 year after the date of the enactment of this 

23 Act containing the results of the study conducted 

24 under paragraph (1). 


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1 (h) ANNUAL SITE VISIT REPORT.—Beginning on the 

2 date that is one year after the enactment of this Act, and 

3 every year thereafter, the Secretary of Homeland Security 

4 shall submit a report to the Committee on the Judiciary 

5 of the House of Representatives and the Committee on 

6 the Judiciary of the Senate on the site visits conducted 

7 pursuant to section 203(b)(5)(E)(v), including the number 

8 and locations of site visits conducted and the number and 

9 type of sanctions, if any, resulting from those site visits. 

10 (i) BIENNIAL REPORT.—Beginning on the date that 

11 is one year after the date of the enactment of this Act, 

12 and every 2 years thereafter, the Secretary of Homeland 

13 Security shall submit a report to the Committee on the 

14 Judiciary of the House of Representatives and the Com15 mittee on the Judiciary of the Senate that measures the 

16 economic impact of the regional center program described 

17 in section 203(b)(5)(E) of the Immigration and Nation18 ality Act (8 U.S.C. 1153(b)(5)(E)), including— 

19 (1) foreign and domestic capital investment; 

20 (2) the number of jobs directly and indirectly 

21 created; 

22 (3) any other economic benefits related to for23 eign investment under such program; and 

24 (4) the number of petitions under such section 

25 approved or denied for each regional center. 


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1 (j) RULEMAKING.—Not later than 120 days after the 

2 date of the enactment of this Act, the Secretary of Home3 land Security shall prescribe regulations to implement the 

4 amendments made by this section. 

5 SEC. 202. CONCURRENT FILING; ADJUSTMENT OF STATUS. 

6 Section 245 of the Immigration and Nationality Act 

7 (8 U.S.C. 1255) is amended— 

8 (1) in subsection (k), in the matter preceding 

9 paragraph (1), by striking ‘‘(1), (2), or (3)’’ and in10 serting ‘‘(1), (2), (3), (5), (6), or (7)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(n) If, at the time a petition is filed under section 

13 204 for classification under paragraph (5), (6), or (7) of 

14 section 203(b), approval of the petition would make a visa 

15 immediately available to the alien beneficiary, the alien 

16 beneficiary’s adjustment application under this section 

17 shall be considered to be properly filed whether the appli18 cation is submitted concurrently with, or subsequent to, 

19 the visa petition.’’. 

20 SEC. 203. FEES; PREMIUM PROCESSING. 

21 (a) ESTABLISHMENT OF ACCOUNT; USE OF FEES.— 

22 Section 286 of the Immigration and Nationality Act (8 

23 U.S.C. 1356), as amended by this Act, is further amended 

24 by adding at the end the following: 

25 ‘‘(y) IMMIGRANT ENTREPRENEUR ACCOUNT.— 


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1 ‘‘(1) IN GENERAL.—There is established in the 

2 general fund of the Treasury a separate account, 

3 which shall be known as the ‘Immigrant Entre4 preneur Account’. Notwithstanding any other provi5 sion of law, there shall be deposited as offsetting re6 ceipts into the account all fees collected in connec7 tion with paragraph (5) or (6) of section 203(b) of 

8 this Act, section 216A of this Act, or section 610(b) 

9 of the Departments of Commerce, Justice, and 

10 State, the Judiciary, and Related Agencies Appro11 priations Act, 1993 (8 U.S.C. 1153 note). 

12 ‘‘(2) USE OF FEES.—Fees collected under this 

13 section may only be used by the Secretary of Home14 land Security to administer and operate the employ15 ment creation program described in paragraph (5) 

16 or (6) of section 203(b).’’. 

17 (b) PREMIUM PROCESSING.—Section 286(u) of the 

18 Immigration and Nationality Act (8 U.S.C. 1356(u)) is 

19 amended by adding at the end the following: ‘‘In the case 

20 of a petition filed under section 204(a)(1)(H) for classi21 fication under paragraph (5) of section 203(b) and which 

22 was granted a preapproval under section 203(b)(5)(E)(iii), 

23 the Secretary shall provide premium processing services 

24 for a fee set at $5,000 and shall be deposited as offsetting 

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1 lished under subsection (y). The Secretary may adjust this 

2 fee according to the Consumer Price Index.’’. 

3 SEC. 204. CONTINGENT INCREASE IN VISA NUMBER AVAIL4 ABILITY. 

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

6 Act (8 U.S.C. 1153(b)(5)), as amended by this Act, is fur7 ther amended by adding at the end the following: 

8 ‘‘(K) INCREASE IN VISA NUMBER AVAIL9 ABILITY.—In the event all visas made available 

10 under subparagraph (A) have been made avail11 able to qualified immigrants in a fiscal year, an 

12 additional 10,000 visas shall be made available 

13 to qualified immigrants as described in sub14 paragraph (A) for that fiscal year, unless a 

15 joint resolution as described below is enacted. 

16 ‘‘(i) For purposes of this subpara17 graph, the term ‘joint resolution’ means 

18 only a joint resolution introduced in the 

19 period beginning on the date on which all 

20 visas made available under subparagraph 

21 (A) have been made available to qualified 

22 immigrants in a fiscal year and ending 60 

23 days thereafter (excluding days either 

24 House of Congress is adjourned for more 

25 than 3 days during a session of Congress), 


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1 the matter after the resolving clause of 

2 which is as follows: ‘That Congress finds 

3 that an increase in visa number availability 

4 for qualified immigrants under section 

5 203(b)(5) is not needed and that addi6 tional visas provided in subparagraph (K) 

7 of that section will not take effect.’. 

8 ‘‘(ii) A joint resolution described in 

9 clause (i) shall be referred to the Com10 mittee on the Judiciary in each House of 

11 Congress. 

12 ‘‘(iii) In the Senate, if the Committee 

13 on the Judiciary has not reported such 

14 joint resolution as described in clause (i) 

15 (or an identical joint resolution) at the end 

16 of 15 session days after the date of intro17 duction of the joint resolution, such com18 mittee may be discharged from further 

19 consideration of such joint resolution upon 

20 a petition supported in writing by 30 Mem21 bers of the Senate, and such joint resolu22 tion shall be placed on the calendar. 

23 ‘‘(iv)(I) In the Senate, when the Com24 mittee on the Judiciary has reported, or 

25 when such committee is discharged (under 


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1 clause (iii)) from further consideration of a 

2 joint resolution described in clause (i), it is 

3 at any time thereafter in order (even 

4 though a previous motion to the same ef5 fect has been disagreed to) for a motion to 

6 proceed to the consideration of the joint 

7 resolution, and all points of order against 

8 the joint resolution (and against consider9 ation of the joint resolution) are waived. 

10 The motion is not subject to amendment, 

11 or to a motion to postpone, or to a motion 

12 to proceed to the consideration of other 

13 business. A motion to reconsider the vote 

14 by which the motion is agreed to or dis15 agreed to shall not be in order. If a motion 

16 to proceed to the consideration of the joint 

17 resolution is agreed to, the joint resolution 

18 shall remain the unfinished business of the 

19 Senate until disposed of. 

20 ‘‘(II) In the Senate, debate on the 

21 joint resolution, and on all debatable mo22 tions and appeals in connection therewith, 

23 shall be limited to not more than 10 hours, 

24 which shall be divided equally between 

25 those favoring and those opposing the joint 


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1 resolution. A motion to further limit de2 bate is in order and not debatable. An 

3 amendment to, or a motion to postpone, or 

4 a motion to proceed to the consideration of 

5 other business, or a motion to recommit 

6 the joint resolution is not in order. 

7 ‘‘(III) In the Senate, immediately fol8 lowing the conclusion of the debate on a 

9 joint resolution described in clause (i), and 

10 a single quorum call at the conclusion of 

11 the debate if requested in accordance with 

12 the rules of the Senate, the vote on final 

13 passage of the joint resolution shall occur. 

14 ‘‘(IV) Appeals from the decisions of 

15 the Chair relating to the application of the 

16 rules of the Senate to the procedure relat17 ing to a joint resolution described in clause 

18 (i) shall be decided without debate. 

19 ‘‘(v) In the House of Representatives, 

20 if the Committee on the Judiciary has not 

21 reported a joint resolution as described in 

22 clause (i) to the House at the end of 15 

23 legislative days after its introduction, such 

24 committee shall be discharged from further 

25 consideration of the joint resolution, and it 


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1 shall be placed on the appropriate cal2 endar. On the second and fourth Thurs3 days of each month it shall be in order at 

4 any time for the Speaker to recognize a 

5 Member who favors passage of a joint res6 olution that has appeared on the calendar 

7 for at least 5 legislative days to call up 

8 that joint resolution for immediate consid9 eration in the House without intervention 

10 of any point of order. When so called up 

11 such joint resolution shall be considered as 

12 read and shall be debatable for 1 hour 

13 equally divided and controlled by the pro14 ponent and an opponent, and the previous 

15 question shall be considered as ordered to 

16 its passage without intervening motion. It 

17 shall not be in order to reconsider the vote 

18 on passage. If a vote on final passage of 

19 the joint resolution has not been taken by 

20 the third Thursday on which the Speaker 

21 may recognize a Member under this sub22 section, such vote shall be taken on that 

23 day. 

24 ‘‘(vi) If, before the passage by one 

25 House of a joint resolution of that House 


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1 described in clause (i), that House receives 

2 from the other House a joint resolution de3 scribed in clause (i), then the following 

4 procedures shall apply: 

5 ‘‘(I) The joint resolution of the 

6 other House shall not be referred to a 

7 committee. 

8 ‘‘(II) With respect to a joint res9 olution described in clause (i) of the 

10 House receiving the joint resolution— 

11 ‘‘(aa) the procedure in that 

12 House shall be the same as if no 

13 joint resolution had been received 

14 from the other House; but 

15 ‘‘(bb) the vote on final pas16 sage shall be on the joint resolu17 tion of the other House. 

18 ‘‘(vii)(I) In addition to the oppor19 tunity for review otherwise provided under 

20 this subparagraph, in the case that the 

21 date on which all visas made available 

22 under subparagraph (A) have been made 

23 available to qualified immigrants occurs 

24 during the period beginning on the date 

25 occurring— 


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•HR 3370 IH

1 ‘‘(aa) in the case of the Senate, 

2 60 session days; or 

3 ‘‘(bb) in the case of the House of 

4 Representatives, 60 legislative days, 

5 before the date the Congress is sched6 uled to adjourn a session of Congress 

7 through the date on which the same 

8 or succeeding Congress first convenes 

9 its next session, clauses (i) to (vi) 

10 shall apply in the succeeding session 

11 of Congress. 

12 ‘‘(II) In applying clauses (i) to (vi) for 

13 purposes of such additional review, the 

14 date described under clause (vii) shall be 

15 treated as though such date occurred— 

16 ‘‘(aa) in the case of the Senate, 

17 the 15th session day; or 

18 ‘‘(bb) in the case of the House of 

19 Representatives, the 15th legislative 

20 day, after the succeeding session of 

21 Congress first convenes.’’. 


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1 TITLE III—PERMANENT AU2 THORIZATION OF CONRAD 

3 STATE 30 J–1 VISA WAIVER 

4 PROGRAM 

5 SEC. 301. PERMANENT AUTHORIZATION OF CONRAD STATE 

6 30 J–1 VISA WAIVER PROGRAM. 

7 Section 220(c) of the Immigration and Nationality 

8 Technical Corrections Act of 1994 (8 U.S.C. 1182 note) 

9 is amended by striking ‘‘and before September 30, 2015’’. 

10 TITLE IV—REAUTHORIZATION 

11 OF THE E-VERIFY PROGRAM 

12 AND SPECIAL IMMIGRANT 

13 NONMINISTER RELIGIOUS 

14 WORKER PROGRAM 

15 SEC. 401. REAUTHORIZATION OF THE E-VERIFY PROGRAM. 

16 Section 401(b) of the Illegal Immigration Reform and 

17 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

18 note) is amended by striking ‘‘September 30, 2015’’ and 

19 inserting ‘‘September 30, 2020’’. 

20 SEC. 402. REAUTHORIZATION OF THE SPECIAL IMMIGRANT 

21 NONMINISTER RELIGIOUS WORKER PRO22 GRAM. 

23 Section 101(a)(27)(C)(ii) of the Immigration and 

24 Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amend25 ed— 


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1 (1) in subclause (II), by striking ‘‘September 

2 30, 2015’’ and inserting ‘‘September 30, 2020’’; and 

3 (2) in subclause (III), by striking ‘‘September 

4 30, 2015’’ and inserting ‘‘September 30, 2020’’. 

Æ 


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