584 
year, the Secretary of Labor shall use such amounts 
as the Secretary of Labor determines are necessary 
for the costs of Federal administration, including 
personnel, in carrying out labor certification activi-
ties under section 212(a)(5)(A), and to assist the 
States, as appropriate, in the determination of pre-
vailing wages for purposes of carrying out such sec-
tion. 
‘‘(3) AVAILABILITY OF FUNDS.—The fees de-
posited into the H–2B Employment Certification 
Application Fee Account under this subsection shall 
remain available until expended for the activities de-
scribed in paragraph (2).’’. 
(c) PROGRAM INTEGRITY.—Section 212(a)(5)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(5)(A)), as amended by subsection (a), is further 
amended by adding at the end the following: 
‘‘(vi) PROGRAM
INTEGRITY
REGULA-
TIONS.—The Secretary of Labor may pre-
scribe such regulations as may be nec-
essary to ensure the integrity of the labor 
certification process carried out under this 
subparagraph. Such regulations may in-
clude standards and procedures under 
which employers and their representatives 
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585 
are excluded from participation in the 
labor certification process under this sub-
paragraph.’’. 
CHAPTER 4—ADJUSTMENTS TO THE EB–5 
VISA PROGRAM 
SEC. 591. PERMANENT REAUTHORIZATION OF EB–5 RE-
GIONAL CENTER PROGRAM; APPLICATION 
FEE. 
(a) IN GENERAL.—Section 610 of the Departments 
of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriations Act, 1993 (8 U.S.C. 1153 
note) is amended— 
(1) by striking ‘‘pilot’’ each place it appears; 
(2) in subsection (b), by striking ‘‘for 15 
years’’; and 
(3) by adding at the end the following: 
‘‘(e) In addition to any other fees authorized by law, 
the Secretary of Homeland Security shall impose a fee of 
$2,500 to apply for designation as a regional center under 
this section. Fees collected under this subsection shall be 
deposited in the Treasury in accordance with section 
286(y) of the Immigration and Nationality Act (8 U.S.C. 
1356(y)).’’. 
(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.— 
Section 286 of the Immigration and Nationality Act (8 
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586 
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(b) of the Departments of 
Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1993 (8 
U.S.C. 1153 note) and any fees collected in connec-
tion with forms I–526 or I–829. 
‘‘(2) USE OF FEES.—Fees collected under this 
section may only be used by the Secretary of Home-
land Security to administer and operate the employ-
ment 
creation 
program 
described 
in 
section 
203(b)(5).’’. 
(c) RULEMAKING.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall prescribe regulations to implement the 
amendments made by this section. 
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587 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a)(3) and (b) shall take effect on the effective 
date of the regulations prescribed pursuant to subsection 
(c). The remaining amendments made by this section shall 
take effect on the date of the enactment of this Act. 
SEC. 592. PREMIUM PROCESSING FEE FOR EB–5 IMMI-
GRANT INVESTORS. 
Section 286(u) of the Immigration and Nationality 
Act (8 U.S.C. 1356(u)) is amended by adding at the end 
the following: ‘‘In the case of a petition filed under section 
204(a)(1)(H) for classification under section 203(b)(5), if 
the petitioner desires a guarantee of a decision on the peti-
tion in 60 days or less, the premium fee under this sub-
section shall be set at $2,500 and shall be deposited as 
offsetting receipts in the Immigrant Entrepreneur Re-
gional Center Account established under subsection (y).’’. 
SEC. 593. CONCURRENT FILING OF EB–5 PETITIONS AND 
APPLICATIONS FOR ADJUSTMENT OF STA-
TUS. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended by adding at the end the fol-
lowing: 
‘‘(n) If, at the time a petition is filed for classification 
through a regional center under section 203(b)(5), ap-
proval of the petition would make a visa immediately avail-
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588 
able to the alien beneficiary, the alien beneficiary’s adjust-
ment application under this section shall be considered to 
be properly filed whether the application is submitted con-
currently with, or subsequent to, the visa petition.’’. 
SEC. 594. IMPROVED SET-ASIDE FOR TARGETED EMPLOY-
MENT AREAS. 
Section 203(b)(5)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)(5)(B)) is amended as follows: 
(1) TARGETED EMPLOYMENT AREA DEFINED.— 
Clause (ii) is amended to read as follows: 
‘‘(ii) TARGETED EMPLOYMENT AREA 
DEFINED.—In this paragraph, the term 
‘targeted employment area’ means, at the 
time a petition for classification under this 
paragraph is filed, any of the following: 
‘‘(I) A rural area. 
‘‘(II) An area that has experi-
enced high unemployment (of at least 
150 percent of the national average 
rate). 
‘‘(III) A county that has had a 
20 percent or more decrease in popu-
lation since 1970. 
‘‘(IV) An area that is within the 
boundaries established for purposes of 
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