II 

114TH CONGRESS 

1ST SESSION S. 2122 

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 

OCTOBER 1, 2015 

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 2015 and each 

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


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1 ‘‘(A) the maximum number of visas which 

2 may be issued under section 203(a) (relating to 

3 family-sponsored immigrants) during the pre4 vious fiscal year; and 

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

6 section during that year.’’. 

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

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

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

10 end the following: 

11 ‘‘(C) EXCLUSION OF EB–5 VISAS FROM

12 PER COUNTRY LIMITATION.—Visas issued under 

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

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

15 SEC. 5. PERMANENT REAUTHORIZATION OF EMPLOYMENT 

16 CREATION REGIONAL CENTERS. 

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

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

19 (1) by redesignating subparagraph (D) as sub20 paragraph (H); and 

21 (2) by inserting after subparagraph (C) the fol22 lowing: 

23 ‘‘(D) EMPLOYMENT CREATION REGIONAL

24 CENTERS.— 


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1 ‘‘(i) IN GENERAL.—Visas under this 

2 paragraph shall be made available to quali3 fied immigrants who participate in a pro4 gram involving a regional center in the 

5 United States, which has been designated 

6 by the Secretary of Homeland Security, in 

7 consultation with the Secretary of Com8 merce, on the basis of a general proposal 

9 filed with the Secretary of Homeland Secu10 rity, for the promotion of economic growth, 

11 including— 

12 ‘‘(I) increased exports; 

13 ‘‘(II) improved regional produc14 tivity; 

15 ‘‘(III) job creation; and 

16 ‘‘(IV) increased domestic capital 

17 investment. 

18 ‘‘(ii) JURISDICTION.—A regional cen19 ter shall have jurisdiction over a specific 

20 geographic area, which shall be— 

21 ‘‘(I) described in the proposal 

22 filed under clause (i); and 

23 ‘‘(II) consistent with the purpose 

24 of concentrating pooled investment in 

25 defined economic zones. 


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1 ‘‘(iii) GENERAL PREDICTIONS.—The 

2 establishment of a regional center under 

3 this subparagraph may be based on gen4 eral predictions contained in the proposal 

5 concerning— 

6 ‘‘(I) the kinds of new commercial 

7 enterprises that will receive capital 

8 from aliens; 

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

10 directly or indirectly as a result of 

11 such investments; and 

12 ‘‘(III) other positive economic ef13 fects such investments will have. 

14 ‘‘(iv) METHODOLOGIES FOR DETER15 MINING JOB CREATION.—Notwithstanding 

16 requirements applicable to investors not in17 volved in a regional center, in determining 

18 compliance with this subparagraph, the 

19 Secretary of Homeland Security shall rec20 ognize reasonable methodologies for deter21 mining the number of jobs created by a 

22 designated regional center, including jobs 

23 that are estimated to have been created in24 directly through revenues generated 

25 from— 


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1 ‘‘(I) increased exports; 

2 ‘‘(II) improved regional produc3 tivity; or 

4 ‘‘(III) increased domestic capital 

5 investment resulting from the regional 

6 center. 

7 ‘‘(v) SPECIAL PROCEDURES.— 

8 ‘‘(I) PREAPPROVAL OF NEW COM9 MERCIAL ENTERPRISES.—The Sec10 retary of Homeland Security shall es11 tablish a preapproval procedure for 

12 new commercial enterprises that— 

13 ‘‘(aa) allows a regional cen14 ter or potential regional center to 

15 apply to the Secretary for 

16 preapproval of a new commercial 

17 enterprise before any alien files a 

18 petition for classification under 

19 this paragraph by reason of in20 vestment in the new commercial 

21 enterprise; 

22 ‘‘(bb) allows the applicant to 

23 address and cure any deficiencies 

24 identified by the Secretary in the 


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1 application before a final deter2 mination on the application; 

3 ‘‘(cc) requires that the Sec4 retary make final decisions on all 

5 issues under this paragraph other 

6 than those issues unique to each 

7 individual investor in the new 

8 commercial enterprise; and 

9 ‘‘(dd) requires that the Sec10 retary eliminate the need for the 

11 repeated submission of docu12 mentation that is common to 

13 multiple petitions for classifica14 tion under this paragraph 

15 through a regional center. 

16 ‘‘(II) DEFERENCE TO PRIOR

17 RULINGS.—Absent material change, 

18 fraud, or legal deficiency, the Sec19 retary of Homeland Security shall 

20 give deference to, and not revisit, fa21 vorable determinations made per22 taining to a commercial enterprise 

23 during the adjudication of— 

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1 mercial enterprise under this sub2 paragraph; and 

3 ‘‘(bb) petitions filed by such 

4 immigrants under section 216A 

5 for the removal of conditional 

6 basis. 

7 ‘‘(vi) PROCESSING TIMES.— 

8 ‘‘(I) IN GENERAL.—The Sec9 retary of Homeland Security shall 

10 make determinations on a proposal 

11 filed under clause (i) or an application 

12 filed under clause (v) not later than 

13 180 days after the date on which the 

14 proposal or application is filed. 

15 ‘‘(II) ADDITIONAL INFORMA16 TION.—If the Secretary determines 

17 that an initial filing under this section 

18 does not meet the standards for ap19 proval, the Secretary shall— 

20 ‘‘(aa) not later than 30 days 

21 after the date of such filing, no22 tify the applicant of the reasons 

23 such proposal or application was 

24 not approved and the additional 


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1 information or documentation 

2 that is required for approval; 

3 ‘‘(bb) permit the applicant 

4 to promptly resubmit a modified 

5 filing; and 

6 ‘‘(cc) adjudicate the modi7 fied proposal or application not 

8 later than 30 days after it is re9 ceived.’’. 

10 SEC. 6. SECURITY REFORMS. 

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

12 Act (8 U.S.C. 1153(b)(5)), as amended by section 5, is 

13 further amended by adding at the end the following: 

14 ‘‘(E) APPELLATE RIGHTS.— 

15 ‘‘(i) IN GENERAL.—Any person sub16 ject to the suspension or termination of 

17 rights under this paragraph, if such deci18 sion was under the discretion of the Sec19 retary of Homeland Security, may appeal 

20 such decision and be entitled to a hearing 

21 before an administrative law judge. 

22 ‘‘(ii) APPELLANT’S RIGHTS.—An ap23 pellant under this subparagraph has the 

24 right— 


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1 ‘‘(I) to access the facts and docu2 mentation underlying the allegations 

3 that are the basis of the suspension or 

4 termination referred to in clause (i); 

5 and 

6 ‘‘(II) to cross-examine witnesses 

7 during proceedings. 

8 ‘‘(iii) BURDEN OF PROOF.—In a hear9 ing under this subparagraph, the Secretary 

10 has the burden to prove, by a preponder11 ance of the evidence, that the suspension 

12 or termination was valid under applicable 

13 law. 

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

15 the administrative law judge in an appeal 

16 under this subparagraph shall be final and 

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

18 SEC. 7. REGIONAL CENTERS. 

19 (a) IN GENERAL.—Section 203(b)(5) of the Immi20 gration and Nationality Act (8 U.S.C. 1153(b)(5)), as 

21 amended by sections 5 and 6, is further amended by add22 ing at the end the following: 

23 ‘‘(F) BONA FIDES OF PERSONS ASSOCI24 ATED WITH REGIONAL CENTERS OR REGIONAL


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1 CENTER ASSOCIATED COMMERCIAL ENTER2 PRISES.— 

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

4 permitted by any regional center or re5 gional center associated commercial enter6 prise to be directly or indirectly involved 

7 with the regional center or commercial en8 terprise as its principal, representative, ad9 ministrator, owner, officer, board member, 

10 manager, executive, general partner, fidu11 ciary, marketer, promoter, or other similar 

12 position of substantive authority for the 

13 operations, management, or promotion of 

14 the regional center or commercial enter15 prise if— 

16 ‘‘(I) the person has been found 

17 liable within the previous 5 years for 

18 any criminal or civil violation of any 

19 law relating to fraud or deceit, or at 

20 any time if such violation involved a 

21 civil liability in excess of $1,000,000, 

22 a criminal conviction with a term of 

23 imprisonment of more than 1 year or 

24 a criminal or civil violation of any law 

25 or agency regulation in connection 


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1 with the offer, purchase, or sale of a 

2 security; 

3 ‘‘(II) the person is subject to a 

4 final order of a State securities com5 mission (or an agency or officer of a 

6 State who performs similar functions), 

7 a State authority that supervises or 

8 examines banks, savings associations, 

9 or credit unions, a State insurance 

10 commission (or an agency of or officer 

11 of a State who performs similar func12 tions), an appropriate Federal bank13 ing agency, the Commodity Futures 

14 Trading Commission, or the National 

15 Credit Union Administration, which is 

16 based on a violation of any law or reg17 ulation that— 

18 ‘‘(aa) prohibits fraudulent, 

19 manipulative, or deceptive con20 duct; or 

21 ‘‘(bb) bars the person 

22 from— 

23 ‘‘(AA) association with 

24 an entity regulated by such 


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1 commission, authority, agen2 cy, or officer; 

3 ‘‘(BB) engaging in the 

4 business of securities, insur5 ance, or banking; or 

6 ‘‘(CC) engaging in sav7 ings association or credit 

8 union activities; 

9 ‘‘(III) the person has been con10 victed of— 

11 ‘‘(aa) any activity relating to 

12 espionage, sabotage, or theft of 

13 intellectual property; 

14 ‘‘(bb) any activity related to 

15 money laundering (as described 

16 in section 1956 or 1957 of title 

17 18, United States Code); 

18 ‘‘(cc) any terrorist activity 

19 (as defined in clauses (iii) and 

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

21 ‘‘(dd) any activity related to 

22 human trafficking or a human 

23 rights offense; or 

24 ‘‘(IV) the person— 


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1 ‘‘(aa) is, or during the pre2 ceding 5 years has been, included 

3 on the Department of Justice’s 

4 List of Currently Disciplined 

5 Practitioners; or 

6 ‘‘(bb) during the preceding 5 

7 years, has received a reprimand 

8 or otherwise been publicly dis9 ciplined by a bar association of 

10 which the person is or was a 

11 member. 

12 ‘‘(ii) STATUS OF REGIONAL CENTER

13 PRINCIPALS.— 

14 ‘‘(I) LAWFUL STATUS RE15 QUIRED.—No person may be directly 

16 or indirectly involved with a regional 

17 center as its principal, administrator, 

18 owner, officer, board member, man19 ager, executive, general partner, fidu20 ciary, or other similar position of sig21 nificant authority for the operations 

22 or management of the regional center 

23 unless the person is a national of the 

24 United States or an individual who 


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1 has been lawfully admitted for perma2 nent residence. 

3 ‘‘(II) FOREIGN GOVERNMENTS.— 

4 No foreign government entity may be 

5 directly or indirectly involved with the 

6 ownership or administration of a re7 gional center. 

8 ‘‘(iii) INFORMATION REQUIRED.—The 

9 Secretary of Homeland Security shall re10 quire such attestations and information, 

11 including the submission of fingerprints or 

12 other biometrics to the Federal Bureau of 

13 Investigation, and shall perform such 

14 criminal record checks and other back15 ground checks with respect to a regional 

16 center or regional center associated com17 mercial enterprise, and persons involved in 

18 a regional center or regional center associ19 ated commercial enterprise, to determine 

20 whether such regional center or regional 

21 center associated commercial enterprise is 

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

23 ‘‘(iv) TERMINATION.—The Secretary 

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1 prise from the regional center program if 

2 the Secretary determines that— 

3 ‘‘(I) the regional center or re4 gional center associated commercial 

5 enterprise has violated clause (i); 

6 ‘‘(II) the regional center has vio7 lated clause (ii); or 

8 ‘‘(III) the regional center, a re9 gional center associated commercial 

10 enterprise, or any person involved 

11 with the regional center or regional 

12 center associated commercial enter13 prise— 

14 ‘‘(aa) fails to provide an at15 testation or information re16 quested by the Secretary; 

17 ‘‘(bb) provides any false at18 testation or information under 

19 clause (iii); 

20 ‘‘(cc) has engaged in fraud, 

21 misrepresentation, or criminal 

22 misuse; or 

23 ‘‘(dd) poses a threat to pub24 lic safety or national security. 


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1 ‘‘(G) COMPLIANCE WITH SECURITIES

2 LAWS.— 

3 ‘‘(i) JURISDICTION.—In view of the 

4 objective of promoting investment in the 

5 United States, in an action filed by the Se6 curities and Exchange Commission, the 

7 purchase or sale of securities offered or 

8 sold by any regional center or any party 

9 associated with a regional center shall be 

10 deemed to have occurred within the terri11 tory of the United States for purposes of 

12 the securities laws, and subject matter ju13 risdiction shall also lie within the United 

14 States. 

15 ‘‘(ii) REGIONAL CENTER CERTIFI16 CATIONS REQUIRED.— 

17 ‘‘(I) INITIAL CERTIFICATION.— 

18 The Secretary of Homeland Security 

19 may not approve an application for re20 gional center designation or regional 

21 center amendment unless the regional 

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1 ciated with the regional center remain 

2 in compliance with the securities laws 

3 of the United States and of any State 

4 in which the regional center operates 

5 in connection with the offer, purchase, 

6 or sale of securities or the provision of 

7 investment advice by the regional cen8 ter or parties associated with the re9 gional center. 

10 ‘‘(II) REISSUE.—A regional cen11 ter shall annually reissue a certifi12 cation described in subclause (I). An13 nual certifications under this sub14 clause shall certify compliance with 

15 clause (iii) by stating that— 

16 ‘‘(aa) the certifier is in a po17 sition to have knowledge of the 

18 offers, purchases, and sales of se19 curities or the provision of invest20 ment advice by parties associated 

21 with the regional center; and 

22 ‘‘(bb) to the best of the cer23 tifier’s knowledge, after reason24 able investigation— 


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1 ‘‘(AA) all such offers, 

2 purchases, and sales of secu3 rities or the provision of in4 vestment advice complied 

5 with securities laws of the 

6 United States; and 

7 ‘‘(BB) records, data, 

8 and information related to 

9 such offers, purchases, and 

10 sales have been maintained. 

11 ‘‘(III) EFFECT OF NONCOMPLI12 ANCE.—If a regional center, through 

13 its due diligence, discovered during 

14 the previous fiscal year that the re15 gional center or any party associated 

16 with the regional center was not in 

17 compliance with the securities laws of 

18 the United States, the certifier shall— 

19 ‘‘(aa) describe the activities 

20 that led to noncompliance; 

21 ‘‘(bb) describe the actions 

22 taken to remedy the noncompli23 ance; and 

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1 ciated with the regional center 

2 are currently in compliance. 

3 ‘‘(iii) OVERSIGHT REQUIRED.—Each 

4 regional center shall— 

5 ‘‘(I) monitor and supervise all of6 fers, purchases, and sales of, and ad7 vice relating to, securities made by 

8 parties associated with the regional 

9 center to ensure compliance with the 

10 securities laws of the United States; 

11 ‘‘(II) maintain records, data, and 

12 information relating to all such offers, 

13 purchases, sales, and advice during 

14 the 5-year period beginning on the 

15 date of their creation; and 

16 ‘‘(III) make such records, data, 

17 and information available to the Secu18 rities and Exchange Commission and 

19 to the Secretary upon the receipt of a 

20 subpoena from the Securities and Ex21 change Commission. 

22 ‘‘(iv) SUSPENSION OR TERMI23 NATION.—The Secretary, in the Sec24 retary’s unreviewable discretion, shall sus25 pend or terminate the designation of any 


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1 regional center that does not provide the 

2 certification described in clause (ii). The 

3 Secretary, in the Secretary’s unreviewable 

4 discretion, may suspend or terminate the 

5 designation of any regional center or im6 pose other sanctions against the regional 

7 center if the regional center or any parties 

8 associated with the regional center— 

9 ‘‘(I) are permanently or tempo10 rarily enjoined by order, judgment, or 

11 decree of any court of competent ju12 risdiction in connection with the offer, 

13 purchase, or sale of a security or the 

14 provision of investment advice; 

15 ‘‘(II) are subject to any final 

16 order of the Securities and Exchange 

17 Commission that— 

18 ‘‘(aa) bars such person from 

19 association with an entity regu20 lated by the Securities and Ex21 change Commission; or 

22 ‘‘(bb) constitutes a final 

23 order based on violations in con24 nection with the offer, purchase, 


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1 or sale of, or advice relating to, a 

2 security; or 

3 ‘‘(III) knowingly submitted or 

4 caused to be submitted a certification 

5 described in clause (ii) that contained 

6 an untrue statement of a material fact 

7 or omitted to state a material fact 

8 necessary in order to make the state9 ments made, in light of the cir10 cumstances under which they were 

11 made, not misleading. 

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

13 this subparagraph may be construed to im14 pair or limit the authority of the Securities 

15 and Exchange Commission under the Fed16 eral securities laws. 

17 ‘‘(vi) DEFINED TERM.—In this sub18 paragraph, the term ‘parties associated 

19 with a regional center’ means— 

20 ‘‘(I) the regional center; 

21 ‘‘(II) any commercial enterprise 

22 associated with the regional center; 

23 ‘‘(III) the regional center’s and 

24 associated commercial enterprise’s 

25 owners, officers, directors, managers, 


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1 partners, broker-dealers, employees, 

2 and attorneys; and 

3 ‘‘(IV) any person in active con4 cert or participation with the regional 

5 center or directly or indirectly control6 ling, controlled by, or under common 

7 control with the regional center.’’. 

8 (b) STUDY AND REPORT.— 

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

10 the date of the enactment of this Act, the Secretary 

11 of Homeland Security, in coordination with the Sec12 retary of Commerce and after consultation with rel13 evant Federal agencies, shall submit a report to the 

14 Committee on the Judiciary of the Senate and the 

15 Committee on the Judiciary of the House of Rep16 resentatives that describes— 

17 (A) the percentage of completed and pend18 ing capital investment projects, within the scope 

19 of business plans both approved and awaiting 

20 approval— 

21 (i) in targeted rural employment 

22 areas; 

23 (ii) in targeted high unemployment 

24 areas; 

25 (iii) in high poverty areas; 


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1 (iv) for infrastructure projects; and 

2 (v) not included in the areas described 

3 in clauses (i) through (iii); 

4 (B) whether other Federal financial assist5 ance programs, such as economic development 

6 programs administered by the Department of 

7 Agriculture, the Department of Housing and 

8 Urban Development, or the Community Devel9 opment Financial Institutions Fund, are also 

10 used or intended to support projects described 

11 in subparagraph (A); and 

12 (C) whether market demands to approve 

13 projects described in subparagraph (A) exceed 

14 the number of visas allowed under section 

15 203(b)(5)(F) of the Immigration and Nation16 ality Act, as added by subsection (a). 

17 (2) PUBLIC INPUT.—Not later than 60 days be18 fore the submission of the report under paragraph 

19 (1), the public shall receive notice and an oppor20 tunity to comment on such draft study. 

21 SEC. 8. AGE DETERMINATION FOR CHILDREN OF ALIEN IN22 VESTORS. 

23 Section 203(h) of the Immigration and Nationality 

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

25 the following: 


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1 ‘‘(5) AGE DETERMINATION FOR CHILDREN OF

2 ALIEN INVESTORS.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), an alien admitted under subsection 

5 (d) as a lawful permanent resident on a condi6 tional basis as the child of an alien lawfully ad7 mitted for permanent residence under sub8 section (b)(5), whose lawful permanent resident 

9 status on a conditional basis is terminated 

10 under section 216A, shall continue to be consid11 ered a child of the principal alien for the pur12 pose of a subsequent immigrant petition by 

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

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

15 ‘‘(ii) the subsequent petition is filed 

16 by the principal alien not later than 1 year 

17 after the termination of conditional lawful 

18 permanent resident status. 

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

20 considered a child under this paragraph with 

21 respect to more than 1 petition filed after the 

22 alien reaches 21 years of age.’’. 

Æ 


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