I 

113TH CONGRESS 

2D SESSION H. R. 4178 

To amend the Immigration and Nationality Act to provide for reforms to 

the EB–5 immigrant investor program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 6, 2014 

Mr. POLIS (for himself, Mr. SALMON, Mr. GARCIA, and Mr. AMODEI) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

for reforms to the EB–5 immigrant investor program, 

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 the ‘‘American Entrepre5 neurship and Investment Act of 2014’’. 

6 SEC. 2. THE EB–5 EMPLOYMENT-CREATION IMMIGRANT IN7 VESTOR PROGRAM. 

8 (a) REFORMING THE EB–5 IMMIGRANT INVESTOR

9 PROGRAM.—Section 203(b)(5) of the Immigration and 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 4178 IH

1 Nationality Act (8 U.S.C. 1153(b)(5)) is amended as fol2 lows: 

3 (1) TYPE OF INVESTMENT.—In subparagraph 

4 (A), by inserting ‘‘or similar entity’’ after ‘‘including 

5 a limited partnership’’. 

6 (2) TARGETED EMPLOYMENT AREA.—In sub7 paragraph (B)— 

8 (A) by amending clause (i) to read as fol9 lows: 

10 ‘‘(i) IN GENERAL.—Not fewer than 

11 5,000 of the visas made available under 

12 this paragraph in each fiscal year shall be 

13 reserved for qualified immigrants who in14 vest in a new commercial enterprise de15 scribed in subparagraph (A), which— 

16 ‘‘(I) is investing such capital in a 

17 targeted employment area; and 

18 ‘‘(II) will create employment in 

19 such targeted employment area.’’. 

20 (B) by amending clause (ii) to read as fol21 lows: 

22 ‘‘(ii) TARGETED EMPLOYMENT AREA

23 DEFINED.—In this paragraph, the term 

24 ‘targeted employment area’ means, at the 

25 time of investment— 


jbell on DSK7SPTVN1PROD with BILLS
3 

•HR 4178 IH

1 ‘‘(I) a rural area; 

2 ‘‘(II) an area that has experi3 enced high unemployment (of at least 

4 150 percent of the national average 

5 rate) within the preceding 12 months; 

6 ‘‘(III) a county that has had a 

7 decline in population of 20 percent or 

8 more since 1970; 

9 ‘‘(IV) a military installation 

10 closed pursuant to a base closure law 

11 (as defined in section 101(a)(17) of 

12 title 10, United States Code); or 

13 ‘‘(V) an area that is within the 

14 boundaries established for purposes of 

15 a Federal, State, County, or City eco16 nomic development incentive program, 

17 including areas defined as Enterprise 

18 Zones, Renewal Communities and 

19 Empowerment Zones.’’; 

20 (C) in clause (iii), by striking ‘‘within a 

21 metropolitan statistical area or’’; and 

22 (D) by inserting after clause (iii) the fol23 lowing: 

24 ‘‘(iv) STATE DETERMINATIONS.—In a 

25 case in which a geographic area is deterVerDate Mar 15 2010 04:13 Mar 11, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4178.IH H4178

jbell on DSK7SPTVN1PROD with BILLS
4 

•HR 4178 IH

1 mined under clause (ii) to be a targeted 

2 employment area by a delegated State 

3 agency, and such a determination has been 

4 made using acceptable data sources to in5 clude U.S. Census Bureau data (including 

6 data from the American Community Sur7 vey) and data from the Bureau of Labor 

8 Statistics (including data from the Local 

9 Area Unemployment Statistics), The Sec10 retary of Homeland Security or her des11 ignee shall defer to a State’s designation 

12 as conclusive. 

13 ‘‘(v) EFFECT OF PRIOR DETERMINA14 TION.—In a case in which an area is deter15 mined under clause (ii) to be a targeted 

16 employment area, such determination shall 

17 remain in effect during the 2-year period 

18 beginning on the date of the determination 

19 for purposes of an alien seeking a visa re20 served under this subparagraph.’’. 

21 (3) CAPITAL.—In subparagraph (C)— 

22 (A) in clause (i)— 

23 (i) by striking ‘‘The Attorney General, 

24 in consultation with the Secretary of Labor 

25 and the Secretary of State’’ and inserting 


jbell on DSK7SPTVN1PROD with BILLS
5 

•HR 4178 IH

1 ‘‘The Secretary of Commerce, in consulta2 tion with the Secretary of Homeland Secu3 rity and Secretary of Labor’’; and 

4 (ii) by adding at the end the fol5 lowing: ‘‘Unless adjusted by the Secretary 

6 of Commerce, the amount specified in this 

7 clause shall automatically adjust, on Janu8 ary 1, 2016, by the percentage change in 

9 the Consumer Price Index for all urban 

10 consumers published by the Department of 

11 Labor during fiscal year 2015, and on 

12 every fifth subsequent January 1 by the 

13 cumulative percentage change in the Con14 sumer Price Index during the previous 5 

15 fiscal years, for any petition filed to clas16 sify an alien under this paragraph on or 

17 after the date of each automatic adjust18 ment.’’; 

19 (B) in clause (ii), by striking ‘‘Attorney 

20 General’’ and inserting ‘‘Secretary of Homeland 

21 Security’’; 

22 (C) in clause (iii)(II), by striking ‘‘Attor23 ney General’’ and inserting ‘‘Secretary of 

24 Homeland Security’’; and 


jbell on DSK7SPTVN1PROD with BILLS
6 

•HR 4178 IH

1 (D) by adding after clause (iii) the fol2 lowing: 

3 ‘‘(iv) CAPITAL DEFINED.—For pur4 poses of this paragraph, the term ‘capital’ 

5 does not include any assets acquired, di6 rectly or indirectly, by unlawful means’’. 

7 (4) CALCULATING JOB CREATION.—By amend8 ing subparagraph (D) to read as follows: 

9 ‘‘(D) FULL-TIME EMPLOYMENT.—Job cre10 ation under this paragraph may consist of em11 ployment measured in full-time equivalents, 

12 such as intermittent or seasonal employment 

13 opportunities and construction jobs. A full-time 

14 employment position is not a requirement for 

15 indirect job creation. In this paragraph, the 

16 term ‘full-time employment’ means employment 

17 in a position that requires at least 35 hours of 

18 service per week at any time, regardless of who 

19 fills the position. Such employment may be sat20 isfied on a full-time equivalent basis by calcu21 lating the number of full-time employees that 

22 could have been employed if the reported num23 ber of hours worked by part-time employees had 

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

25 equivalent employment shall be calculated by diVerDate Mar 15 2010 04:13 Mar 11, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4178.IH H4178

jbell on DSK7SPTVN1PROD with BILLS
7 

•HR 4178 IH

1 viding the part-time hours paid by the standard 

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

3 (5) PERMANENT AUTHORIZATION OF REGIONAL

4 CENTER PROGRAM.—By adding after subparagraph 

5 (D) the following: 

6 ‘‘(E) EMPLOYMENT CREATION REGIONAL

7 CENTERS.— 

8 ‘‘(i) IN GENERAL.—Visas under this 

9 paragraph shall be made available to quali10 fied immigrants who participate in a pro11 gram involving a regional center in the 

12 United States, which has been designated 

13 by the Secretary of Homeland Security, in 

14 consultation with the Secretary of Com15 merce, on the basis of a general proposal, 

16 for the promotion of economic growth, in17 cluding increased exports, improved re18 gional productivity, job creation, and in19 creased domestic capital investment. A re20 gional center shall have jurisdiction over a 

21 specific geographic area, which shall be de22 scribed in the proposal and consistent with 

23 the purpose of concentrating pooled invest24 ment in defined economic zones. The es25 tablishment of a regional center under this 


jbell on DSK7SPTVN1PROD with BILLS
8 

•HR 4178 IH

1 subparagraph may be based on general 

2 predictions, contained in the proposal, con3 cerning— 

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 ‘‘(ii) METHODOLOGIES.—In deter13 mining compliance with this subparagraph, 

14 and notwithstanding requirements applica15 ble to investors not involving regional cen16 ters, the Secretary of Homeland Security, 

17 in consultation with the Secretary of Com18 merce, shall recognize reasonable meth19 odologies for determining the number of 

20 jobs created by a designated regional cen21 ter, including such jobs that are estimated 

22 to have been created indirectly through 

23 revenues generated from increased exports, 

24 improved regional productivity, or inVerDate Mar 15 2010 04:13 Mar 11, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4178.IH H4178

jbell on DSK7SPTVN1PROD with BILLS
9 

•HR 4178 IH

1 creased domestic capital investment result2 ing from the regional center. 

3 ‘‘(iii) SPECIAL PROCEDURES.— 

4 ‘‘(I) PREAPPROVAL OF NEW COM5 MERCIAL ENTERPRISES.—The Sec6 retary of Homeland Security shall es7 tablish a preapproval procedure for 

8 commercial enterprises that— 

9 ‘‘(aa) allows a regional cen10 ter or potential regional center to 

11 apply to the Secretary for 

12 preapproval of a new commercial 

13 enterprise before any alien files a 

14 petition for classification under 

15 this paragraph by reason of in16 vestment in the new commercial 

17 enterprise; 

18 ‘‘(bb) in considering an ap19 plication under subclause (I)— 

20 ‘‘(AA) allows the appli21 cant to address and cure 

22 any deficiencies identified by 

23 the Secretary in the applica24 tion prior to final determina25 tion on the application; and 


jbell on DSK7SPTVN1PROD with BILLS
10 

•HR 4178 IH

1 ‘‘(BB) requires that the 

2 Secretary make final deci3 sions on all issues under this 

4 paragraph other than those 

5 issues unique to each indi6 vidual investor in the new 

7 commercial enterprise; and 

8 ‘‘(cc) requires that the Sec9 retary eliminate the need for the 

10 repeated submission of docu11 mentation that is common to 

12 multiple petitions for classifica13 tion under this paragraph 

14 through a regional center. 

15 ‘‘(II) DEFERENCE TO PRIOR

16 RULINGS.—Except in the case of ma17 terial change, fraud, or legal defi18 ciency, the Secretary of Homeland Se19 curity shall give deference to, and not 

20 revisit, favorable determinations made 

21 pertaining to a commercial enterprise 

22 during the adjudication of— 

23 ‘‘(aa) petitions filed by im24 migrants investing in the comVerDate Mar 15 2010 04:13 Mar 11, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4178.IH H4178

jbell on DSK7SPTVN1PROD with BILLS
11 

•HR 4178 IH

1 mercial enterprise under this sub2 paragraph; or 

3 ‘‘(bb) petitions filed by such 

4 immigrants under section 216A 

5 for removal of conditional basis. 

6 ‘‘(iv) PROCESSING TIMES.—The Sec7 retary of Homeland Security shall make 

8 determinations on a proposal under clause 

9 (i) or an application under clause (iii) not 

10 later than 180 days after the date on 

11 which the proposal or application is filed. 

12 In the event that additional information or 

13 documentation is requested by the Sec14 retary, the Secretary shall adjudicate the 

15 proposal or application not later than 30 

16 days after the receipt of such information 

17 or documentation. The filing party shall be 

18 notified in writing within 30 days of the 

19 date of filing if the filing does not meet the 

20 standards for approval. If the filing does 

21 not meet such standards, the notice shall 

22 include the reasons therefore and the Sec23 retary shall provide an opportunity for the 

24 prompt resubmission of a modified filing.’’. 


jbell on DSK7SPTVN1PROD with BILLS
12 

•HR 4178 IH

1 (6) PREVENTING FRAUD IN THE REGIONAL

2 CENTER PROGRAM.—In subparagraph (E) (as added 

3 by paragraph (5)), by inserting after clause (iii) the 

4 following: 

5 ‘‘(v) BONA FIDES OF REGIONAL CEN6 TER PRINCIPALS.—No person may serve as 

7 an owner, director or officer of a regional 

8 center, or hold other positions of sub9 stantive authority for the operations, man10 agement or promotion of a regional center, 

11 if the Secretary of Homeland Security de12 termines based on substantial evidence 

13 that the person— 

14 ‘‘(I) has been found liable within 

15 the previous 5 years for any criminal 

16 or civil violation of any law relating to 

17 fraud or deceit; 

18 ‘‘(II) has been found liable at 

19 any time for any such criminal or civil 

20 violation if such violation involved— 

21 ‘‘(aa) a criminal conviction 

22 with a term of imprisonment of 

23 at least 1 year; or 


jbell on DSK7SPTVN1PROD with BILLS
13 

•HR 4178 IH

1 ‘‘(bb) any law or agency reg2 ulation in connection with the 

3 purchase or sale of a security; or 

4 ‘‘(III) is engaged in, has ever 

5 been engaged in, or seeks to engage in 

6 any— 

7 ‘‘(aa) terrorist activity (as 

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

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

10 ‘‘(bb) activity relating to es11 pionage or sabotage; 

12 ‘‘(cc) illicit trafficking in any 

13 controlled substance; 

14 ‘‘(dd) activity related to 

15 money laundering (as described 

16 in section 1956 or 1957 of title 

17 18, United States Code); 

18 ‘‘(ee) violation of any stat19 ute, regulation or Executive order 

20 regarding foreign financial trans21 actions or foreign asset control; 

22 or 

23 ‘‘(ff) human trafficking or 

24 any other human rights offense. 


jbell on DSK7SPTVN1PROD with BILLS
14 

•HR 4178 IH

1 The Secretary of Homeland Security shall 

2 require such attestations and information 

3 (including fingerprints) and shall perform 

4 such background checks as the Secretary 

5 in the Secretary’s discretion considers ap6 propriate to determine whether a regional 

7 center is in compliance with this clause. 

8 The Secretary may terminate any regional 

9 center from the program under this section 

10 if the Secretary determines that the re11 gional center is violation of this clause, the 

12 regional center fails to provide such attes13 tations and information requested by the 

14 Secretary under this clause, or the regional 

15 center or any person described in this 

16 clause is engaged in fraud, misrepresenta17 tion, criminal misuse, or threats to na18 tional security. The Secretary shall provide 

19 for procedures for the appeal and review of 

20 such a termination, and any determina21 tions pertaining to such termination shall 

22 be subject to review under chapter 7 of 

23 title 5, United States Code. 

24 ‘‘(vi) FEE FOR REGIONAL CENTER

25 DESIGNATION.—In addition to any other 


jbell on DSK7SPTVN1PROD with BILLS
15 

•HR 4178 IH

1 fees authorized by law, the Secretary of 

2 Homeland Security shall impose— 

3 ‘‘(I) a fee to apply for designa4 tion as a regional center under this 

5 subparagraph; and 

6 ‘‘(II) a fee for preapproval of a 

7 new commercial enterprise as provided 

8 under clause (iii)(I).’’. 

9 (7) EB–5 PETITIONS.—By adding after sub10 paragraph (E) (as amended by paragraph (6)) the 

11 following: 

12 ‘‘(F) EB–5 PETITIONS.— 

13 ‘‘(i) PROCESSING TIMES.—The Sec14 retary of Homeland Security shall adju15 dicate a petition filed pursuant to this 

16 paragraph not later than 180 days after 

17 the date on which the petition is filed. In 

18 the event that additional information or 

19 documentation is requested by the Sec20 retary, the Secretary shall adjudicate the 

21 petition not later than 30 days after the 

22 receipt of such information or documenta23 tion. The filing party shall be notified in 

24 writing within 30 days of the date of filing 

25 if the filing does not meet the standards 


jbell on DSK7SPTVN1PROD with BILLS
16 

•HR 4178 IH

1 for approval. If the filing does not meet 

2 such standards, the notice shall include the 

3 reasons therefore and the Secretary shall 

4 provide an opportunity for the prompt re5 submission of a modified filing. 

6 ‘‘(ii) COMMUNICATIONS WITH EB–5

7 PETITIONERS.—The Secretary of Home8 land Security shall establish a means by 

9 which a petitioner for status under this 

10 paragraph, a petitioner under section 216A 

11 for removal of conditional basis, who is the 

12 recipient of a request for additional infor13 mation or documentation, a regional cen14 ter, or a project developer may, prior to 

15 the deadline to respond to that request, 

16 communicate directly with U.S. Citizenship 

17 and Immigration Services to address con18 cerns underlying the request. 

19 ‘‘(iii) FRAUD.—The Secretary of 

20 Homeland Security, in consultation with 

21 the Commissioner of the Securities and 

22 Exchange Commission, shall develop a 

23 strategy to review securities-related mate24 rials included in any immigration petition 

25 under this paragraph, or a petition under 


jbell on DSK7SPTVN1PROD with BILLS
17 

•HR 4178 IH

1 section 216A for removal of conditional 

2 basis, when there is evidence of fraud.’’. 

3 (b) CONFORMING AMENDMENT.—Section 610 of the 

4 Departments of Commerce, Justice, and State, the Judici5 ary, and Related Agencies Appropriations Act, 1993 (8 

6 U.S.C. 1153 note) is repealed. 

7 SEC. 3. CONDITIONAL PERMANENT RESIDENT STATUS FOR 

8 IMMIGRANT INVESTORS AND ENTRE9 PRENEURS. 

10 (a) PROCEDURE FOR GRANTING IMMIGRANT STA11 TUS.—Section 204(a)(1)(H) of the Immigration and Na12 tionality Act (8 U.S.C. 1154(a)(1)(H)) is amended by 

13 striking ‘‘Attorney General’’ and inserting ‘‘Secretary of 

14 Homeland Security’’. 

15 (b) CONDITIONAL PERMANENT RESIDENT STA16 TUS.—Section 216A of the Immigration and Nationality 

17 Act (8 U.S.C. 1186b) is amended— 

18 (1) by striking ‘‘Attorney General’’ and ‘‘Attor19 ney General’s’’ each place such terms appear, except 

20 for the reference to the Attorney General in section 

21 216A(d)(2)(C), and inserting ‘‘Secretary of Home22 land Security’’ and ‘‘Secretary of Homeland Secu23 rity’s’’, respectively; 


jbell on DSK7SPTVN1PROD with BILLS
18 

•HR 4178 IH

1 (2) by striking ‘‘the Service’’ each place such 

2 term appears and inserting ‘‘U.S. Citizenship and 

3 Immigration Services’’; 

4 (3) in subsection (b)(1)— 

5 (A) in subparagraph (A), by striking ‘‘in6 vestment’’ and inserting ‘‘investment or engage7 ment’’; and 

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

9 as follows: 

10 ‘‘(B)(i) the requisite investment or engage11 ment was not made or was not sustained 

12 throughout the period of the alien’s residence in 

13 the United States; or 

14 ‘‘(ii) the alien was otherwise not con15 forming to the requirements of section 

16 203(b)(5), as applicable;’’; 

17 (4) in subsection (c)(3)(A), by striking ‘‘the’’ 

18 before ‘‘such filing’’; 

19 (5) in subsection (d)— 

20 (A) in paragraph (1)— 

21 (i) in the matter preceding subpara22 graph (A), by striking ‘‘the alien’’; and 

23 (ii) by amending subparagraph (A) to 

24 read as follows: 


jbell on DSK7SPTVN1PROD with BILLS
19 

•HR 4178 IH

1 ‘‘(A) the requisite investment or engage2 ment was made and was sustained throughout 

3 the period of the alien’s residence in the United 

4 States; and’’; and 

5 (B) in paragraph (2)(A), by adding at the 

6 end the following: ‘‘A date specified by the ap7 plicant (but not later than the fourth anniver8 sary) shall be substituted for the second anni9 versary in applying the preceding sentence if 

10 the applicant demonstrates that the applicant 

11 has attempted to follow the applicant’s business 

12 model in good faith, provides an explanation for 

13 the delay in filing the petition that is based on 

14 circumstances outside of the applicant’s control, 

15 and demonstrates that such circumstances will 

16 be able to be resolved within the specified pe17 riod.’’; 

18 (6) by redesignating subsection (f) as sub19 section (i); 

20 (7) by adding after subsection (e) the following: 

21 ‘‘(f) AGE DETERMINATION FOR CHILDREN OF ALIEN

22 ENTREPRENEURS.—An immigrant admitted under section 

23 203(d) as a lawful permanent resident on a conditional 

24 basis as the child of an alien entrepreneur, whose lawful 

25 permanent resident status on a conditional basis is termiVerDate Mar 15 2010 04:13 Mar 11, 2014 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4178.IH H4178

jbell on DSK7SPTVN1PROD with BILLS
20 

•HR 4178 IH

1 nated under this section, shall continue to be considered 

2 a child of the alien entrepreneur for the purpose of a sub3 sequent immigrant petition by the alien entrepreneur 

4 under paragraph (b)(5) if the immigrant remains unmar5 ried and the subsequent petition by the alien entrepreneur 

6 is filed within 1 year after the termination of lawful per7 manent resident status on a conditional basis. No alien 

8 shall be considered a child under this paragraph with re9 spect to more than 1 petition filed after the alien’s 21st 

10 birthday. 

11 ‘‘(g) CONSOLIDATED PETITION.—If an alien entre12 preneur submits a petition under this section, the alien 

13 spouse and alien child shall be deemed to have timely sub14 mitted such petitions as well. 

15 ‘‘(h) PROCESSING TIME.—The Secretary of Home16 land Security shall adjudicate a petition filed pursuant to 

17 this paragraph not later than 180 days after the date on 

18 which the petition is filed. In the event that additional in19 formation or documentation is requested by the Secretary, 

20 the Secretary shall adjudicate the petition not later than 

21 30 days after the receipt of such information or docu22 mentation. The filing party shall be notified in writing 

23 within 30 days of the date of filing if the filing does not 

24 meet the standards for approval. If the filing does not 

25 meet such standards, the notice shall include the reasons 


jbell on DSK7SPTVN1PROD with BILLS
21 

•HR 4178 IH

1 therefore and the Secretary shall provide an opportunity 

2 for the prompt resubmission of a modified filing.’’; and 

3 (8) in subsection (h) (as redesignated by para4 graph (6)), in paragraph (3), by inserting ‘‘or simi5 lar entity’’ before the period. 

6 (c) CONCURRENT FILING; ADJUSTMENT OF STA7 TUS.—Section 245 of the Immigration and Nationality 

8 Act (8 U.S.C. 1255) is amended— 

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

10 paragraph (1), by striking ‘‘(1), (2), or (3)’’ and in11 serting ‘‘(1), (2), (3), or (5)’’; and 

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

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

14 204 for classification under section 203(b)(5), approval of 

15 the petition would make a visa immediately available to 

16 the alien beneficiary, the alien beneficiary’s adjustment 

17 application under this section shall be considered to be 

18 properly filed whether the application is submitted concur19 rently with, or subsequent to, the visa petition.’’. 

20 (d) PREMIUM PROCESSING.—Section 286(u) of the 

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

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

23 of a petition filed under section 204(a)(1)(H) for classi24 fication under section 203(b)(5), if the petitioner desires 

25 a guarantee of a decision on the petition in 60 days or 


jbell on DSK7SPTVN1PROD with BILLS
22 

•HR 4178 IH

1 less, the premium processing fee under this subsection 

2 shall be set at $5,000’’. 

3 SEC. 4. NATIONAL INTEREST WAIVERS FOR ENTRE4 PRENEURS WITH A PROVEN RECORD OF JOB 

5 CREATION. 

6 (a) ALIENS WHO ARE MEMBERS OF THE PROFES7 SIONS HOLDING ADVANCED DEGREES.—Section 

8 203(b)(1)(B) of the Immigration and Nationality Act (8 

9 U.S.C. 1153(b)(1)(B)) is amended— 

10 (1) by striking ‘‘(B)(i) Subject to clause (ii)’’ 

11 and inserting the following: 

12 ‘‘(B) NATIONAL INTEREST WAIVERS.— 

13 ‘‘(i) IN GENERAL.—Subject to clauses 

14 (ii) and (iii)’’; 

15 (2) in clause (ii)— 

16 (A) by striking ‘‘(ii)(I) The Attorney Gen17 eral’’ and inserting the following: 

18 ‘‘(ii) PHYSICIANS WORKING IN SHORT19 AGE AREAS OR VETERAN FACILITIES.— 

20 ‘‘(I) IN GENERAL.—The Sec21 retary of Homeland Security’’; 

22 (B) in subclause (II), by striking ‘‘(II) No 

23 permanent resident visa’’ and inserting ‘‘(II) 

24 PROHIBITION.—No permanent resident visa’’; 


jbell on DSK7SPTVN1PROD with BILLS
23 

•HR 4178 IH

1 (C) in subclause (III), by striking ‘‘(III) 

2 Nothing in this subparagraph’’ and inserting 

3 the following: ‘‘(III) STATUTORY CONSTRUC4 TION.—Nothing in this subparagraph’’; and 

5 (D) in subclause (IV), by striking ‘‘(IV) 

6 The requirements of’’ and inserting the fol7 lowing: ‘‘(IV) EFFECTIVE DATE.—The require8 ments of’’; and 

9 (3) by inserting after clause (ii) the following: 

10 ‘‘(iii) ENTREPRENEURS AND JOB CRE11 ATORS.—The Secretary of Homeland Secu12 rity shall grant a national interest waiver 

13 pursuant to clause (i) on behalf of any 

14 alien entrepreneur with respect to whom a 

15 petition for preference classification has 

16 been filed under subparagraph (A) if— 

17 ‘‘(I) the alien has engaged in a 

18 new commercial enterprise (including 

19 a limited partnership or similar enti20 ty) in the United States; and 

21 ‘‘(II) such enterprise has bene22 fitted the United States economy and 

23 satisfied the employment creation re24 quirements described in section 

25 204(m).’’. 


jbell on DSK7SPTVN1PROD with BILLS
24 

•HR 4178 IH

1 (b) SKILLED WORKERS AND PROFESSIONALS; 

2 OTHER WORKERS.—Section 203(b) of the Immigration 

3 and Nationality Act (8 U.S.C. 1153(b)) is amended by 

4 adding at the end the following: 

5 ‘‘(6) NATIONAL INTEREST WAIVER FOR ENTRE6 PRENEURS AND JOB CREATORS.—The Secretary of 

7 Homeland Security shall waive application of para8 graphs (2)(C) and (3)(B) on behalf of any alien en9 trepreneur with respect to whom a petition for pref10 erence classification has been filed under subpara11 graph (A) if— 

12 ‘‘(A) the alien has engaged in a new com13 mercial enterprise (including a limited partner14 ship or similar entity) in the United States; and 

15 ‘‘(B) such enterprise has benefitted the 

16 United States economy and satisfied the em17 ployment creation requirements described in 

18 section 204(m).’’. 

19 (c) REQUIREMENTS.— 

20 (1) IN GENERAL.—Section 204 of the Immigra21 tion and Nationality Act (8 U.S.C. 1154) is amend22 ed by adding at the end the following: 

23 ‘‘(m) ENTREPRENEURS AND JOB CREATORS.— 

24 ‘‘(1) JOB CREATION REQUIREMENTS.—For pur25 poses of paragraphs (1)(B)(iii) and (6) of section 


jbell on DSK7SPTVN1PROD with BILLS
25 

•HR 4178 IH

1 203(b), a new commercial enterprise shall be deemed 

2 to have benefitted the United States economy and 

3 satisfied the employment creation requirements of 

4 this subsection if the enterprise— 

5 ‘‘(A) has, during the period beginning 4 

6 years prior to the date that a petition for pref7 erence classification with respect to the alien 

8 has been filed under subparagraph (A), created 

9 direct, full-time employment— 

10 ‘‘(i) for not less than 5 United States 

11 workers; or 

12 ‘‘(ii) in the case of an enterprise in a 

13 Distressed Area Development Zone, for not 

14 less than 3 United States workers; and 

15 ‘‘(B) the enterprise has received enough in16 vestment or revenue during the period described 

17 in subparagraph (A) to support the employment 

18 creation requirements described in such sub19 paragraph. 

20 ‘‘(2) DEFINITIONS.—For purposes of this sub21 section and paragraphs (1)(B)(iii) and (6) of section 

22 203(b): 

23 ‘‘(A) FULL-TIME EMPLOYMENT.—The 

24 term ‘full-time employment’ means employment 

25 in a position that requires at least 35 hours of 


jbell on DSK7SPTVN1PROD with BILLS
26 

•HR 4178 IH

1 service per week at any time, regardless of who 

2 fills the position. Such employment may be sat3 isfied on a full-time equivalent basis by calcu4 lating 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 ‘‘(B) INVESTMENT OR REVENUE.—The 

12 term ‘investment or revenue’ does not include 

13 any assets acquired, directly or indirectly, by 

14 unlawful means. The term ‘investment’ includes 

15 assets provided by the alien entrepreneur and 

16 may include assets, including venture capital in17 vestments, provided pursuant to an investment 

18 agreement with investors who are United States 

19 citizens or aliens lawfully admitted to the 

20 United States for permanent residence. 

21 ‘‘(C) UNITED STATES WORKER.—The term 

22 ‘United States worker’ means an employee 

23 (other than the immigrant or the immigrant’s 

24 spouse, sons, or daughters) who— 


jbell on DSK7SPTVN1PROD with BILLS
27 

•HR 4178 IH

1 ‘‘(i) is a citizen or national of the 

2 United States; or 

3 ‘‘(ii) is an alien who is lawfully admit4 ted for permanent residence, is admitted as 

5 a refugee under section 207, is granted 

6 asylum under section 208, or is an immi7 grant otherwise authorized to be employed 

8 in the United States. 

9 ‘‘(D) DISTRESSED AREA DEVELOPMENT

10 ZONES.—The term ‘Distressed Area Develop11 ment Zone’ means— 

12 ‘‘(i) a low-income geographic area, as 

13 such term is defined in section 351 of the 

14 Small Business Investment Act of 1958 

15 (15 U.S.C. 689); or 

16 ‘‘(ii) a city or county in the United 

17 States— 

18 ‘‘(I) that has experienced high 

19 unemployment (of not less than 150 

20 percent of the national average, as de21 termined by the Secretary of Labor) 

22 within the preceding 24 months; or 

23 ‘‘(II) has had a 20 percent or 

24 more decrease in population since 

25 1970. 


jbell on DSK7SPTVN1PROD with BILLS
28 

•HR 4178 IH

1 ‘‘(3) PRIORITY DATE.—The priority date for 

2 any alien who is adjusting status from any non3 immigrant classification described in section 

4 101(a)(15) and who receives a national interest 

5 waiver under paragraph (1)(B)(iii) or (6) of section 

6 203(b) shall be the date of the first petition or appli7 cation for status under section 101(a)(15) filed with 

8 respect to that alien.’’. 

9 (2) CONFORMING AMENDMENT.—Section 

10 204(a)(1)(E) of the Immigration and Nationality 

11 Act is amended by inserting ‘‘or under paragraph 

12 (1), (2) or (3) of section 203(b) if such alien is seek13 ing a national interest waiver under paragraph 

14 (1)(B)(iii) or (6) of section 203(b)’’ after 

15 ‘‘203(b)(1)(A)’’. 

16 SEC. 5. EB–5 VISA REFORMS. 

17 (a) ALIENS NOT SUBJECT TO DIRECT NUMERICAL

18 LIMITATION.—Section 201(b)(1) of the Immigration and 

19 Nationality Act (8 U.S.C. 1151(b)(1)) is amended by add20 ing at the end the following: 

21 ‘‘(P) Aliens who are the spouse or a child 

22 of an alien admitted as an employment-based 

23 immigrant under section 203(b)(5).’’. 

24 (b) AGE DETERMINATION FOR CHILDREN OF ALIEN

25 INVESTORS.—Section 203(h) of the Immigration and NaVerDate Mar 15 2010 04:13 Mar 11, 2014 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4178.IH H4178

jbell on DSK7SPTVN1PROD with BILLS
29 

•HR 4178 IH

1 tionality Act (8 U.S.C. 1153(h)) is amended by adding 

2 at the end the following: 

3 ‘‘(5) AGE DETERMINATION FOR CHILDREN OF

4 ALIEN INVESTORS.—An alien admitted under sub5 section (d) as a lawful permanent resident on a con6 ditional basis as the child of an alien lawfully admit7 ted for permanent residence under subsection (b)(5), 

8 whose lawful permanent resident status on a condi9 tional basis is terminated under section 216A, shall 

10 continue to be considered a child of the principal 

11 alien for the purpose of a subsequent immigrant pe12 tition by such alien under subsection (b)(5) if the 

13 alien remains unmarried and the subsequent petition 

14 is filed by the principal alien not later than 1 year 

15 after the termination of conditional lawful perma16 nent resident status. No alien shall be considered a 

17 child under this paragraph with respect to more 

18 than 1 petition filed after the alien’s 21st birth19 day.’’. 

20 (c) ENHANCED PAY SCALE FOR CERTAIN FEDERAL

21 EMPLOYEES ADMINISTERING THE EB–5 PROGRAM.—The 

22 Secretary may establish, fix the compensation of, and ap23 point individuals to, designated critical administrative, 

24 technical, and professional positions needed to administer 


jbell on DSK7SPTVN1PROD with BILLS
30 

•HR 4178 IH

1 sections 203(b)(5) and 216A of the Immigration and Na2 tionality Act (8 U.S.C. 1153(b)(5) and 1186b). 

3 (d) DELEGATION OF CERTAIN EB–5 AUTHORITY.— 

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

5 Security may delegate to the Secretary of Commerce 

6 authority and responsibility for determinations 

7 under sections 203(b)(5) and 216A (with respect to 

8 alien entrepreneurs) of the Immigration and Nation9 ality Act (8 U.S.C. 1153(b)(5) and 1186a), includ10 ing determining whether an alien has met employ11 ment creation requirements. 

12 (2) REGULATIONS.—The Secretary of Home13 land Security and the Secretary of Commerce may 

14 each adopt such rules and regulations as are nec15 essary to carry out the delegation authorized under 

16 paragraph (1), including regulations governing the 

17 eligibility criteria for obtaining benefits pursuant to 

18 the amendments made by this section. 

19 (3) USE OF FEES.—Adjudication fees described 

20 in section 286(m) of the Immigration and Nation21 ality Act (8 U.S.C. 1356(m)) shall remain available 

22 until expended to reimburse the Secretary of Com23 merce for the costs of any determinations made by 

24 the Secretary of Commerce under paragraph (1). 


jbell on DSK7SPTVN1PROD with BILLS
31 

•HR 4178 IH

1 (e) CONCURRENT FILING OF EB–5 PETITIONS AND

2 APPLICATIONS FOR ADJUSTMENT OF STATUS.—Section 

3 245 (8 U.S.C. 1255) of the Immigration and Nationality 

4 Act is amended— 

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

6 paragraph (1), by striking ‘‘or (3)’’ and inserting 

7 ‘‘(3), or (5)’’; and 

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

9 ‘‘(n) At the time a petition is filed for classification 

10 under section 203(b)(5), if the approval of such petition 

11 would make a visa immediately available to the alien bene12 ficiary, the alien beneficiary’s application for adjustment 

13 of status under this section shall be considered to be prop14 erly filed whether the application is submitted concur15 rently with, or subsequent to, the visa petition.’’. 

16 (f) TECHNICAL AMENDMENT.—Section 203(b)(5) of 

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

18 1153(b)(5)), as amended by this Act, is further amended 

19 by striking ‘‘Attorney General’’ each place it appears and 

20 inserting ‘‘Secretary of Homeland Security’’. 

21 SEC. 6. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR22 EIGN STATES. 

23 (a) NUMERICAL LIMITATION TO ANY SINGLE FOR24 EIGN STATE.—Section 202(a)(2) of the Immigration and 

25 Nationality Act (8 U.S.C. 1152(a)(2)) is amended— 


jbell on DSK7SPTVN1PROD with BILLS
32 

•HR 4178 IH

1 (1) in the paragraph heading, by striking ‘‘and 

2 employment-based’’; 

3 (2) by striking ‘‘(3), (4), and (5),’’ and insert4 ing ‘‘(3) and (4),’’; 

5 (3) by striking ‘‘subsections (a) and (b) of sec6 tion 203’’ and inserting ‘‘section 203(a)’’; 

7 (4) by striking ‘‘7’’ and inserting ‘‘15’’; and 

8 (5) by striking ‘‘such subsections’’ and inserting 

9 ‘‘such section’’. 

10 (b) CONFORMING AMENDMENTS.—Section 202 of the 

11 Immigration and Nationality Act (8 U.S.C. 1152) is 

12 amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (3), by striking ‘‘both 

15 subsections (a) and (b) of section 203’’ and in16 serting ‘‘section 203(a)’’; and 

17 (B) by striking paragraph (5); and 

18 (2) by amending subsection (e) to read as fol19 lows: 

20 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

21 If it is determined that the total number of immigrant 

22 visas made available under section 202(a) to natives of 

23 any single foreign state or dependent area will exceed the 

24 numerical limitation specified in subsection (a)(2) in any 

25 fiscal year, in determining the allotment of immigrant visa 


jbell on DSK7SPTVN1PROD with BILLS
33 

•HR 4178 IH

1 numbers to natives under section 203(a), visa numbers 

2 with respect to natives of that state or area shall be allo3 cated (to the extent practicable and otherwise consistent 

4 with this section and section 203) in a manner so that, 

5 except as provided in subsection (a)(4), the proportion of 

6 the visa numbers made available under each of paragraphs 

7 (1) through (4) of section 203(a) is equal to the ratio of 

8 the total number of visas made available under the respec9 tive paragraph to the total number of visas made available 

10 under section 203(a).’’. 

11 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

12 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

13 note) is amended— 

14 (1) in subsection (a), by striking ‘‘subsection 

15 (e))’’ and inserting ‘‘subsection (d))’’; and 

16 (2) by striking subsection (d) and redesignating 

17 subsection (e) as subsection (d). 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect 1 year after the date of the 

20 enactment of this Act. 

21 SEC. 7. APPLICABILITY OF FOREIGN CORRUPT PRACTICES 

22 ACT. 

23 The Foreign Corrupt Practices Act (15 U.S.C. 78a 

24 et seq.) shall apply to any petition under section 

25 203(b)(5). 


jbell on DSK7SPTVN1PROD with BILLS
34 

•HR 4178 IH

1 SEC. 8. REGULATIONS. 

2 Not later than 180 days after the effective date of 

3 this subtitle, the Secretary of Homeland Security shall 

4 make rules to carry out this Act and the amendments 

5 made by this Act. 

6 SEC. 9. CONSULTATION WITH SECRETARY OF COMMERCE. 

7 The Secretary of Homeland Security may consult 

8 with the Secretary of Commerce in carrying out this Act 

9 and the amendments made by this Act. 

10 SEC. 10. EFFECTIVE DATE. 

11 This Act and the amendments made by this Act shall 

12 take effect beginning on the date that is 6 months after 

13 the date of enactment of this Act. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS