I 

110TH CONGRESS 

1ST SESSION H. R. 4890 

To modify the EB–5 regional center program. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2007 

Mr. FLAKE introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To modify 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 ‘‘The Invest in USA 

5 Act of 2007’’. 

6 SEC. 2. PERMANENT EB–5 REGIONAL CENTER PROGRAM. 

7 Section 610(b) of the Departments of Commerce, 

8 Justice, and State, the Judiciary, and Related Agencies 

9 Appropriations Act, 1993 (8 U.S.C. 1153 note) is amend10 ed by striking ‘‘for 15 years’’. 


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1 SEC. 3. PREMIUM PROCESSING FEE FOR EB–5 IMMIGRANT 

2 INVESTOR CASES. 

3 (a) IN GENERAL.—Section 286(u) of the Immigra4 tion and Nationality Act (8 U.S.C. 1356) is amended by 

5 adding ‘‘except that the fee for petitions filed under sec6 tion 203(b)(5) shall be $2,000. The fee’’ after ‘‘$1,000,’’. 

7 (b) USE OF FEES.—Fees collected pursuant to the 

8 amendment made by subsection (a) shall be available to 

9 the Secretary of Homeland Security solely for the purpose 

10 of administration and operation of the EB–5 immigrant 

11 investor program. 

12 (c) REGULATIONS.—The Department of Homeland 

13 Security shall promulgate regulations to implement this 

14 amendment not later than 120 days after the date of the 

15 enactment of this Act. 

16 SEC. 4. ALLOW CONCURRENT FILING FOR EB–5 PETITIONS 

17 AND ADJUSTMENT OF STATUS APPLICA18 TIONS. 

19 Section 245 of the Immigration and Nationality Act 

20 (8 U.S.C. 1255) is amended by adding at the end the fol21 lowing: 

22 ‘‘(n) CONCURRENT PROCESSING FOR EMPLOYMENT

23 CREATION IMMIGRANTS.—If, at the time an alien files a 

24 petition for classification through a regional center under 

25 section 203(b)(5), approval of the petition would make a 

26 visa immediately available to the alien beneficiary, the 


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1 alien beneficiary’s application for adjustment of status 

2 shall be considered properly filed whether submitted con3 currently with, or subsequent to, such petition.’’. 

4 SEC. 5. REGIONAL CENTER DESIGNATION FEES. 

5 (a) ESTABLISHMENT OF FEE.—Section 610 of the 

6 Departments of Commerce, Justice, and State, the Judici7 ary, and Related Agencies Appropriations Act, 1993 (8 

8 U.S.C. 1153 note) is amended by adding at the end the 

9 following: 

10 ‘‘(e) In addition to any other fees authorized by law, 

11 the Secretary of Homeland Security shall impose a $2,500 

12 fee to apply for designation as a regional center under this 

13 section. Fees collected under this subsection shall be de14 posited in the Treasury in accordance with section 286(w) 

15 of the Immigration and Nationality Act (8 U.S.C. 

16 1356(w)).’’. 

17 (b) ESTABLISHMENT OF ACCOUNT & USE OF

18 FEES.—Section 286 of the Immigration and Nationality 

19 Act (8 U.S.C. 1356) is amended by adding at the end the 

20 following: 

21 ‘‘(w) IMMIGRANT ENTREPRENEUR REGIONAL CEN22 TER ACCOUNT.— 

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

24 general fund of the Treasury a separate account, 

25 which shall be known as the ‘Immigrant EntreVerDate Aug 31 2005 20:48 Dec 27, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4890.IH H4890

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1 preneur Regional Center Account’. Notwithstanding 

2 any other provision of law, there shall be deposited 

3 as offsetting receipts into the account all fees col4 lected under subsections (b) and (e) of section 610 

5 of the Departments of Commerce, Justice, and 

6 State, the Judiciary, and Related Agencies Appro7 priations Act, 1993 (8 U.S.C. 1153 note). 

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

9 section shall be available to the Secretary of Home10 land Security solely for the purpose of administra11 tion and operation of the EB–5 immigrant investor 

12 program.’’. 

13 (c) EFFECTIVE DATE.—The amendment made by 

14 this section— 

15 (1) shall take effect on the date on which regu16 lations are published to carry out this section and 

17 the amendments made by this section; and 

18 (2) shall apply to regional center applications 

19 filed on or after such date. 

Æ 


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