I 
114TH CONGRESS 
1ST SESSION 
H. R. 616 
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 
JANUARY 28, 2015 
Mr. POLIS (for himself 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Entrepre-
neurship and Investment Act of 2015’’. 
SEC. 2. THE EB–5 EMPLOYMENT-CREATION IMMIGRANT IN-
VESTOR PROGRAM. 
(a) REFORMING THE EB–5 IMMIGRANT INVESTOR 
PROGRAM.—Section 203(b)(5) of the Immigration and 
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Nationality Act (8 U.S.C. 1153(b)(5)) is amended as fol-
lows: 
(1) TYPE OF INVESTMENT.—In subparagraph 
(A), by inserting ‘‘or similar entity’’ after ‘‘including 
a limited partnership’’. 
(2) TARGETED
EMPLOYMENT
AREA.—In sub-
paragraph (B)— 
(A) by amending clause (i) to read as fol-
lows: 
‘‘(i) IN
GENERAL.—Not fewer than 
5,000 of the visas made available under 
this paragraph in each fiscal year shall be 
reserved for qualified immigrants who in-
vest in a new commercial enterprise de-
scribed in subparagraph (A), which— 
‘‘(I) is investing such capital in a 
targeted employment area; and 
‘‘(II) will create employment in 
such targeted employment area.’’; and 
(B) by inserting after clause (iii) the fol-
lowing: 
‘‘(iv) STATE DETERMINATIONS.—In a 
case in which a geographic area is deter-
mined under clause (ii) to be a targeted 
employment area by a delegated State 
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fied immigrants who participate in a pro-
gram involving a regional center in the 
United States, which has been designated 
by the Secretary of Homeland Security, in 
consultation with the Secretary of Com-
merce, on the basis of a general proposal, 
for the promotion of economic growth, in-
cluding increased exports, improved re-
gional productivity, job creation, and in-
creased domestic capital investment. A re-
gional center shall have jurisdiction over a 
specific geographic area, which shall be de-
scribed in the proposal and consistent with 
the purpose of concentrating pooled invest-
ment in defined economic zones. The es-
tablishment of a regional center under this 
subparagraph may be based on general 
predictions, contained in the proposal, con-
cerning— 
‘‘(I) the kinds of new commercial 
enterprises that will receive capital 
from aliens; 
‘‘(II) the jobs that will be created 
directly or indirectly as a result of 
such investments; and 
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‘‘(III) other positive economic ef-
fects such investments will have. 
‘‘(ii) 
METHODOLOGIES.—In 
deter-
mining compliance with this subparagraph, 
and notwithstanding requirements applica-
ble to investors not involving regional cen-
ters, the Secretary of Homeland Security, 
in consultation with the Secretary of Com-
merce, shall recognize reasonable meth-
odologies for determining the number of 
jobs created by a designated regional cen-
ter, including such jobs that are estimated 
to have been created indirectly through 
revenues generated from increased exports, 
improved regional productivity, or in-
creased domestic capital investment result-
ing from the regional center. 
‘‘(iii) SPECIAL PROCEDURES.— 
‘‘(I) PREAPPROVAL OF NEW COM-
MERCIAL
ENTERPRISES.—The 
Sec-
retary of Homeland Security shall es-
tablish a preapproval procedure for 
commercial enterprises that— 
‘‘(aa) allows a regional cen-
ter or potential regional center to 
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apply 
to 
the 
Secretary 
for 
preapproval of a new commercial 
enterprise before any alien files a 
petition for classification under 
this paragraph by reason of in-
vestment in the new commercial 
enterprise; 
‘‘(bb) in considering an ap-
plication under subclause (I)— 
‘‘(AA) allows the appli-
cant to address and cure 
any deficiencies identified by 
the Secretary in the applica-
tion prior to final determina-
tion on the application; and 
‘‘(BB) requires that the 
Secretary make final deci-
sions on all issues under this 
paragraph other than those 
issues unique to each indi-
vidual investor in the new 
commercial enterprise; and 
‘‘(cc) requires that the Sec-
retary eliminate the need for the 
repeated submission of docu-
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mentation that is common to 
multiple petitions for classifica-
tion 
under 
this 
paragraph 
through a regional center. 
‘‘(II) 
DEFERENCE
TO
PRIOR 
RULINGS.—Except in the case of ma-
terial change, fraud, or legal defi-
ciency, the Secretary of Homeland Se-
curity shall give deference to, and not 
revisit, favorable determinations made 
pertaining to a commercial enterprise 
during the adjudication of— 
‘‘(aa) petitions filed by im-
migrants investing in the com-
mercial enterprise under this sub-
paragraph; or 
‘‘(bb) petitions filed by such 
immigrants under section 216A 
for removal of conditional basis. 
‘‘(iv) PROCESSING TIMES.—The Sec-
retary of Homeland Security shall make 
determinations on a proposal under clause 
(i) or an application under clause (iii) not 
later than 180 days after the date on 
which the proposal or application is filed. 
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In the event that additional information or 
documentation is requested by the Sec-
retary, the Secretary shall adjudicate the 
proposal or application not later than 30 
days after the receipt of such information 
or documentation. The filing party shall be 
notified in writing within 30 days of the 
date of filing if the filing does not meet the 
standards for approval. If the filing does 
not meet such standards, the notice shall 
include the reasons therefore and the Sec-
retary shall provide an opportunity for the 
prompt resubmission of a modified filing.’’. 
(4) PREVENTING
FRAUD
IN
THE
REGIONAL 
CENTER PROGRAM.—In subparagraph (E) (as added 
by paragraph (5)), by inserting after clause (iii) the 
following: 
‘‘(v) BONA FIDES OF REGIONAL CEN-
TER PRINCIPALS.—No person may serve as 
an owner, director or officer of a regional 
center, or hold other positions of sub-
stantive authority for the operations, man-
agement or promotion of a regional center, 
if the Secretary of Homeland Security de-
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termines based on substantial evidence 
that the person— 
‘‘(I) has been found liable within 
the previous 5 years for any criminal 
or civil violation of any law relating to 
fraud or deceit; 
‘‘(II) has been found liable at 
any time for any such criminal or civil 
violation if such violation involved— 
‘‘(aa) a criminal conviction 
with a term of imprisonment of 
at least 1 year; or 
‘‘(bb) any law or agency reg-
ulation in connection with the 
purchase or sale of a security; or 
‘‘(III) is engaged in, has ever 
been engaged in, or seeks to engage in 
any— 
‘‘(aa) terrorist activity (as 
defined in clauses (iii) and (iv) of 
section 212(a)(3)(B)); 
‘‘(bb) activity relating to es-
pionage or sabotage; 
‘‘(cc) illicit trafficking in any 
controlled substance; 
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‘‘(dd) activity related to 
money laundering (as described 
in section 1956 or 1957 of title 
18, United States Code); 
‘‘(ee) violation of any stat-
ute, regulation or Executive order 
regarding foreign financial trans-
actions or foreign asset control; 
or 
‘‘(ff) human trafficking or 
any other human rights offense. 
The Secretary of Homeland Security shall 
require such attestations and information 
(including fingerprints) and shall perform 
such background checks as the Secretary 
in the Secretary’s discretion considers ap-
propriate to determine whether a regional 
center is in compliance with this clause. 
The Secretary may terminate any regional 
center from the program under this section 
if the Secretary determines that the re-
gional center is in violation of this clause, 
the regional center fails to provide such at-
testations and information requested by 
the Secretary under this clause, or the re-
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gional center or any person described in 
this clause is engaged in fraud, misrepre-
sentation, criminal misuse, or threats to 
national security. The Secretary shall pro-
vide for procedures for the appeal and re-
view of such a termination, and any deter-
minations pertaining to such termination 
shall be subject to review under chapter 7 
of title 5, United States Code. 
‘‘(vi) FEE
FOR
REGIONAL
CENTER 
DESIGNATION.—In addition to any other 
fees authorized by law, the Secretary of 
Homeland Security shall impose— 
‘‘(I) a fee to apply for designa-
tion as a regional center under this 
subparagraph; and 
‘‘(II) a fee for preapproval of a 
new commercial enterprise as provided 
under clause (iii)(I).’’. 
(5) EB–5 PETITIONS.—By adding after sub-
paragraph (E) (as amended by paragraph (6)) the 
following: 
‘‘(F) EB–5 PETITIONS.— 
‘‘(i) PROCESSING
TIMES.—The Sec-
retary of Homeland Security shall adju-
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dicate a petition filed pursuant to this 
paragraph not later than 180 days after 
the date on which the petition is filed. In 
the event that additional information or 
documentation is requested by the Sec-
retary, the Secretary shall adjudicate the 
petition not later than 30 days after the 
receipt of such information or documenta-
tion. The filing party shall be notified in 
writing within 30 days of the date of filing 
if the filing does not meet the standards 
for approval. If the filing does not meet 
such standards, the notice shall include the 
reasons therefore and the Secretary shall 
provide an opportunity for the prompt re-
submission of a modified filing. 
‘‘(ii) 
FRAUD.—The 
Secretary 
of 
Homeland Security, in consultation with 
the Commissioner of the Securities and 
Exchange Commission, shall develop a 
strategy to review securities-related mate-
rials included in any immigration petition 
under this paragraph, or a petition under 
section 216A for removal of conditional 
basis, when there is evidence of fraud.’’. 
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(b) CONFORMING AMENDMENT.—Section 610 of the 
Departments of Commerce, Justice, and State, the Judici-
ary, and Related Agencies Appropriations Act, 1993 (8 
U.S.C. 1153 note) is repealed. 
SEC. 3. EB–5 VISA REFORMS. 
(a) ALIENS NOT SUBJECT TO DIRECT NUMERICAL 
LIMITATION.—Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by add-
ing at the end the following: 
‘‘(P) Aliens who are the spouse or a child 
of an alien admitted as an employment-based 
immigrant under section 203(b)(5).’’. 
(b) AGE DETERMINATION FOR CHILDREN OF ALIEN 
INVESTORS.—Section 203(h) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(h)) is amended by adding 
at the end the following: 
‘‘(5) AGE DETERMINATION FOR CHILDREN OF 
ALIEN INVESTORS.—An alien admitted under sub-
section (d) as a lawful permanent resident on a con-
ditional basis as the child of an alien lawfully admit-
ted for permanent residence under subsection (b)(5), 
whose lawful permanent resident status on a condi-
tional basis is terminated under section 216A, shall 
continue to be considered a child of the principal 
alien for the purpose of a subsequent immigrant pe-
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tition by such alien under subsection (b)(5) if the 
alien remains unmarried and the subsequent petition 
is filed by the principal alien not later than 1 year 
after the termination of conditional lawful perma-
nent resident status. No alien shall be considered a 
child under this paragraph with respect to more 
than 1 petition filed after the alien’s 21st birth-
day.’’. 
(c) ENHANCED PAY SCALE FOR CERTAIN FEDERAL 
EMPLOYEES ADMINISTERING THE EB–5 PROGRAM.—The 
Secretary may establish, fix the compensation of, and ap-
point individuals to, designated critical administrative, 
technical, and professional positions needed to administer 
sections 203(b)(5) and 216A of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(5) and 1186b). 
(d) DELEGATION OF CERTAIN EB–5 AUTHORITY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security may delegate to the Secretary of Commerce 
authority and responsibility for determinations 
under sections 203(b)(5) and 216A (with respect to 
alien entrepreneurs) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)(5) and 1186a), includ-
ing determining whether an alien has met employ-
ment creation requirements. 
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(2) REGULATIONS.—The Secretary of Home-
land Security and the Secretary of Commerce may 
each adopt such rules and regulations as are nec-
essary to carry out the delegation authorized under 
paragraph (1), including regulations governing the 
eligibility criteria for obtaining benefits pursuant to 
the amendments made by this section. 
(3) USE OF FEES.—Adjudication fees described 
in section 286(m) of the Immigration and Nation-
ality Act (8 U.S.C. 1356(m)) shall remain available 
until expended to reimburse the Secretary of Com-
merce for the costs of any determinations made by 
the Secretary of Commerce under paragraph (1). 
(e) CONCURRENT FILING OF EB–5 PETITIONS AND 
APPLICATIONS FOR ADJUSTMENT OF STATUS.—Section 
245 (8 U.S.C. 1255) of the Immigration and Nationality 
Act is amended— 
(1) in subsection (k), in the matter preceding 
paragraph (1), by striking ‘‘or (3)’’ and inserting 
‘‘(3), or (5)’’; and 
(2) by adding at the end the following: 
‘‘(n) At the time a petition is filed for classification 
under section 203(b)(5), if the approval of such petition 
would make a visa immediately available to the alien bene-
ficiary, the alien beneficiary’s application for adjustment 
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of status under this section shall be considered to be prop-
erly filed whether the application is submitted concur-
rently with, or subsequent to, the visa petition.’’. 
(f) TECHNICAL AMENDMENT.—Section 203(b)(5) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)), as amended by this Act, is further amended 
by striking ‘‘Attorney General’’ each place it appears and 
inserting ‘‘Secretary of Homeland Security’’. 
SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR-
EIGN STATES. 
(a) NUMERICAL LIMITATION TO ANY SINGLE FOR-
EIGN STATE.—Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) is amended— 
(1) in the paragraph heading, by striking ‘‘and 
employment- based’’; 
(2) by striking ‘‘(3), (4), and (5),’’ and insert-
ing ‘‘(3) and (4),’’; 
(3) by striking ‘‘subsections (a) and (b) of sec-
tion 203’’ and inserting ‘‘section 203(a)’’; 
(4) by striking ‘‘7’’ and inserting ‘‘15’’; and 
(5) by striking ‘‘such subsections’’ and inserting 
‘‘such section’’. 
(b) CONFORMING AMENDMENTS.—Section 202 of the 
Immigration and Nationality Act (8 U.S.C. 1152) is 
amended— 
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(c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 
Chinese Student Protection Act of 1992 (8 U.S.C. 1255 
note) is amended— 
(1) in subsection (a), by striking ‘‘subsection 
(e))’’ and inserting ‘‘subsection (d))’’; and 
(2) by striking subsection (d) and redesignating 
subsection (e) as subsection (d). 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of the 
enactment of this Act. 
SEC. 5. APPLICABILITY OF FOREIGN CORRUPT PRACTICES 
ACT. 
The Foreign Corrupt Practices Act (15 U.S.C. 78a 
et seq.) shall apply to any petition under section 
203(b)(5). 
SEC. 6. REGULATIONS. 
Not later than 180 days after the effective date of 
this subtitle, the Secretary of Homeland Security shall 
make rules to carry out this Act and the amendments 
made by this Act. 
SEC. 7. CONSULTATION WITH SECRETARY OF COMMERCE. 
The Secretary of Homeland Security may consult 
with the Secretary of Commerce in carrying out this Act 
and the amendments made by this Act. 
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SEC. 8. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect beginning on the date that is 6 months after 
the date of enactment of this Act. 
Æ 
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