1123 
20,000 or more (based on the most 
recent decennial census of the United 
States); or 
‘‘(II) any city or town having a 
population of fewer than 20,000 
(based on the most recent decennial 
census of the United States) that is 
located within a State having a popu-
lation of fewer than 1,500,000 (based 
on the most recent decennial census of 
the United States). 
‘‘(v) The term ‘targeted employment 
area’ means a rural area or a high unem-
ployment and poverty area.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to any application for 
a visa under section 203(b)(5) of the Immigration 
and Nationality Act that is filed on or after the date 
that is 1 year after the date of the enactment of this 
Act. 
(f) AGE DETERMINATION FOR CHILDREN OF ALIEN 
INVESTORS.—Section 203(h) (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-
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1124 
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-
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.’’. 
(g) 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). 
(h) DELEGATION OF CERTAIN EB–5 AUTHORITY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security may delegate to the Secretary of Commerce 
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1125 
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. 
(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). 
(i) CONCURRENT FILING OF EB–5 PETITIONS AND 
APPLICATIONS FOR ADJUSTMENT OF STATUS.—Section 
245 (8 U.S.C. 1255), as amended by section 4237(b), is 
further amended— 
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1126 
(1) in subsection (k), in the matter preceding 
paragraph (1), by striking ‘‘or (3)’’ and inserting 
‘‘(3), (5), or (7)’’; and 
(2) by adding at the end the following: 
‘‘(o) 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 
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.’’. 
SEC. 4807. AUTHORIZATION OF APPROPRIATIONS. 
(a) FUNDING.—There are authorized to be appro-
priated from the Trust Fund established under section 
9(a) such sums as may be necessary to carry out sections 
1110, 2101, 2104, 2212, 2213, 2221, 2232, 3301, 3501, 
3502, 3503, 3504, 3505, 3506, 3605, 3610, 4221, and 
4401 of this Act. 
(b) AVAILABILITY
OF
FUNDS.—Amounts appro-
priated pursuant to this section shall remain available 
until expended unless otherwise specified in this Act. 
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1127 
Subtitle I—Student and Exchange 
Visitor Programs 
SEC. 4901. SHORT TITLE. 
This subtitle may be cited as the ‘‘Student Visa In-
tegrity Act’’. 
SEC. 4902. SEVIS AND SEVP DEFINED. 
In this subtitle: 
(1) SEVIS.—The term ‘‘SEVIS’’ means the 
Student and Exchange Visitor Information System 
of the Department of Homeland Security. 
(2) SEVP.—The term ‘‘SEVP’’ means the Stu-
dent and Exchange Visitor Program of the Depart-
ment of Homeland Security. 
SEC. 4903. INCREASED CRIMINAL PENALTIES. 
Section 1546(a) of title 18, United States Code, is 
amended by striking ‘‘10 years’’ and inserting ‘‘15 years 
(if the offense was committed by an owner, official, em-
ployee, or agent of an educational institution with respect 
to such institution’s participation in the Student and Ex-
change Visitor Program), 10 years’’. 
SEC. 4904. ACCREDITATION REQUIREMENT. 
Section 101(a)(52) (8 U.S.C. 1101(a)(52)) is amend-
ed to read as follows: 
‘‘(52) Except as provided in section 214(m)(4), the 
term ‘accredited college, university, or language training 
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