444 
‘‘(VIII) a statement describing the staffing 
at the new facility, including the number of em-
ployees and the types of positions held by such 
employees; 
‘‘(IX) evidence of wages paid to employees 
if the beneficiary will be employed in a manage-
rial or executive capacity; 
‘‘(X) evidence of the financial status of the 
new facility; and 
‘‘(XI) any other evidence or data pre-
scribed by the Secretary. 
‘‘(iii) Notwithstanding subclauses (I) through 
(VI) of clause (ii) and subject to the maximum pe-
riod of authorized admission set forth in subpara-
graph (D), the Secretary of Homeland Security may 
approve a subsequently filed petition on behalf of the 
beneficiary to continue employment at the facility 
described in this subsection for a period beyond the 
initially granted 12-month period if the importing 
employer demonstrates that the failure to satisfy any 
of the requirements described in those subclauses 
was directly caused by extraordinary circumstances 
beyond the control of the importing employer. 
‘‘(H)(i) The Secretary of Homeland Security 
may not authorize the spouse of an alien described 
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445 
under section 101(a)(15)(L), who is a dependent of 
a beneficiary under subparagraph (G), to engage in 
employment in the United States during the initial 
12-month period described in subparagraph (G)(i). 
‘‘(ii) A spouse described in clause (i) may be 
provided employment authorization upon the ap-
proval of an extension under subparagraph (G)(ii). 
‘‘(I) For purposes of determining the eligibility 
of 
an 
alien 
for 
classification 
under 
section 
101(a)(15)(L), the Secretary of Homeland Security 
shall establish a program to work cooperatively with 
the Secretary of State to verify a company or facili-
ty’s existence in the United States and abroad.’’. 
SEC. 522. ESTABLISHMENT OF NEW FASHION MODEL NON-
IMMIGRANT CLASSIFICATION. 
(a) IN GENERAL.— 
(1) 
NEW
CLASSIFICATION.—Section 
101(a)(15)(O) (8 U.S.C. 1101(a)(15)(O)) is amend-
ed— 
(A) in clause (i), by striking ‘‘or’’ at the 
end; 
(B) in clause (ii), by striking ‘‘or’’ at the 
end; 
(C) by redesignating clause (iii) as clause 
(iv); 
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446 
(D) in clause (iv), as redesignated, by 
striking ‘‘clause (i) or (ii)’’ and inserting 
‘‘clause (i), (ii), or (iii)’’; and 
(E) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) is a fashion model who is of dis-
tinguished merit and ability and who is 
seeking to enter the United States tempo-
rarily to perform fashion modeling services 
that involve events or productions which 
have a distinguished reputation or that are 
performed for an organization or establish-
ment that has a distinguished reputation 
for, or a record of, utilizing prominent 
modeling talent; or’’. 
(2) 
NUMERICAL
LIMITATION.—Section 
214(a)(2)(A) (8 U.S.C. 1184(a)(2)(A)) is amended 
by adding at the end the following: ‘‘The number of 
aliens who may be issued visas or otherwise provided 
nonimmigrant 
status 
under 
section 
101(a)(15)(O)(iii) in any fiscal year may not exceed 
1,000.’’. 
(b) ELIMINATION
OF H–1B CLASSIFICATION
FOR 
FASHION
MODELS.—Section 
101(a)(15)(H)(i)(b) 
(8 
U.S.C. 1101(a)(15)(H)(i)(b)) is amended— 
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447 
(1) in item (aa), by striking ‘‘or as a fashion 
model’’; and 
(2) in item (bb), by striking ‘‘or, in the case of 
a fashion model, is of distinguished merit and abil-
ity’’. 
(c) EFFECTIVE DATES.— 
(1) IMPLEMENTATION OF NEW FASHION MODEL 
NONIMMIGRANT
CLASSIFICATION.—Not later than 
60 days after the date of the enactment of this Act, 
the Secretary shall promulgate regulations to carry 
out the amendments made by subsection (a). Noth-
ing in this section shall be construed as preventing 
an alien who is a fashion model from obtaining non-
immigrant status under section 101(a)(15)(O)(i) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(O)(i)) if such alien is otherwise quali-
fied for such status. 
(2) ELIMINATION OF H-1B CLASSIFICATION FOR 
FASHION MODELS.—The amendments made by sub-
section (b)— 
(A) shall apply on the effective date of the 
regulations promulgated under paragraph (1); 
and 
(B) shall not apply to the classification of 
an alien under section 101(a)(15)(H)(i)(b) of 
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448 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(i)(b)) as a fashion model pur-
suant to a petition for such classification that 
was filed before such effective date. 
SEC. 523. EB–5 REGIONAL CENTER PROGRAM. 
(a) CONCURRENT PROCESSING FOR EMPLOYEMENT 
CREATION IMMIGRANTS.—Section 245 (8 U.S.C. 1255), 
as amended by section 511, is further amended by adding 
at the end the following: 
‘‘(o) CONCURRENT PROCESSING FOR EMPLOYEMENT 
CREATION IMMIGRANTS.—If, at the time an alien fils a 
petition for classification under section 203(b)(5), ap-
proval of the petition would make a visa immediately avail-
able to the alien beneficiary, the alien beneficiary’s appli-
cation for adjustment of status under this section shall 
be considered properly filed whether submitted concur-
rently with, or subsequent to, such petition.’’. 
(b) REGIONAL CENTER DESIGNATION FEES.—Sec-
tion 610 of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations 
Act, 1993 (8 U.S.C. 1153 note) is amended— 
(1) in subsection (b), by striking ‘‘for 15 
years’’; and 
(2) by adding at the end the following: 
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449 
‘‘(e) In addition to any other fees authorized by law, 
the Secretary of Homeland Security shall impose a $2,500 
fee to apply for designation as a regional center under this 
section. Fees collected under this subsection shall be de-
posited in the Treasury in accordance with section 286(w) 
of the Immigration and Nationality Act (8 U.S.C. 
1356(w)).’’. 
(c) IMMIGRANT ENTREPRENEUR REGIONAL CENTER 
ACCOUNT.— 
(1) ESTABLISHMENT.—Section 286 (8 U.S.C. 
1356) is amended by adding at the end the fol-
lowing: 
‘‘(y) IMMIGRANT ENTREPRENEUR REGIONAL CEN-
TER ACCOUNT.— 
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account, 
which shall be known as the ‘Immigrant Entre-
preneur Regional Center Account’. Notwithstanding 
any other provision of law, there shall be deposited 
as offsetting receipts into the account all fees col-
lected under section 610(e) of the Departments of 
Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1993 (8 
U.S.C. 1153 note). 
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450 
‘‘(2) USE OF FEES.—Fees deposited in the ac-
count established under paragraph (1) may only be 
used to carry out the EB–5 immigrant investor pro-
gram.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1)— 
(A) shall take effect on the date on which 
regulations are published to carry out this sec-
tion and the amendments made by this section; 
and 
(B) shall apply to regional center applica-
tions filed on or after such date. 
SEC. 524. RETURN OF TALENT PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Return of Talent Act’’. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—Title III (8 U.S.C. 1401 et 
seq.) is amended by inserting after section 317 the 
following: 
‘‘SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICI-
PATING IN THE RETURN OF TALENT PRO-
GRAM. 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity, in consultation with the Secretary of State, shall 
establish the Return of Talent Program to permit eligible 
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aliens to temporarily return to the alien’s country of citi-
zenship in order to make a material contribution to that 
country if the country is engaged in post-conflict or nat-
ural disaster reconstruction activities, for a period not 
longer than 2 years, unless an exception is granted under 
subsection (d). 
‘‘(b) ELIGIBLE ALIEN.—An alien is eligible to partici-
pate in the Return of Talent Program established under 
subsection (a) if the alien meets the special immigrant de-
scription under section 101(a)(27)(N). 
‘‘(c) FAMILY MEMBERS.—The spouse, parents, sib-
lings, and any minor children of an alien who participates 
in the Return of Talent Program established under sub-
section (a) may return to such alien’s country of citizen-
ship with the alien and reenter the United States with the 
alien. 
‘‘(d) EXTENSION OF TIME.—The Secretary of Home-
land Security may extend the 2-year period referred to in 
subsection (a) upon a showing that circumstances warrant 
that an extension is necessary for post-conflict or natural 
disaster reconstruction efforts. 
‘‘(e) RESIDENCY REQUIREMENTS.—An immigrant 
described in section 101(a)(27)(N) who participates in the 
Return of Talent Program established under subsection 
(a), and the spouse, parents, siblings, and any minor chil-
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452 
dren who accompany such immigrant to that immigrant’s 
country of citizenship, shall be considered, during such pe-
riod of participation in the program— 
‘‘(1) for purposes of section 316(a), physically 
present and residing in the United States for pur-
poses of naturalization within the meaning of that 
section; and 
‘‘(2) for purposes of section 316(b), to meet the 
continuous residency requirements in that section. 
‘‘(f) OVERSIGHT
AND ENFORCEMENT.—The Sec-
retary of Homeland Security, in consultation with the Sec-
retary of State, shall oversee and enforce the requirements 
of this section.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents (8 U.S.C. 1101 et seq.) is amended by insert-
ing after the item relating to section 317 the fol-
lowing: 
‘‘317A. Temporary absence of persons participating in the Return of Talent 
Program.’’. 
(c) ELIGIBLE IMMIGRANTS.—Section 101(a)(27) (8 
U.S.C. 1101(a)(27)) is amended— 
(1) in subparagraph (L), by inserting a semi-
colon after ‘‘Improvement Act of 1998’’; 
(2) in subparagraph (M), by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
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