ship and Immigration Services 
approve the registration of such 
promoter; and 
‘‘(cc) may permit the list of 
such registered promoters to be 
made publicly available; 
‘‘(II) certification by each pro-
moter that such promoter is not ineli-
gible under subparagraph (H)(i); 
‘‘(III) guidelines for representing 
the visa process to foreign investors; 
and 
‘‘(IV) permissible fee arrange-
ments, if applicable. 
‘‘(ii) EFFECT OF VIOLATION.—If the 
Secretary determines that a direct or 
third-party promoter has violated clause 
(i), the Secretary shall suspend or perma-
nently bar such individual from participa-
tion in the program described in subpara-
graph (E). 
‘‘(iii) COMPLIANCE.—Each regional 
center shall maintain a written agreement 
between the regional center, the new com-
mercial enterprise, any affiliated job-cre-
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
ating entity, or any issuer of securities 
under common control with the regional 
center, and each direct or third-party pro-
moter operating on behalf of such entities 
or issuer that outlines the rules and stand-
ards prescribed under clause (i). 
‘‘(iv) 
DISCLOSURE.—Each 
petition 
filed under section 204(a)(1)(H) shall in-
clude a disclosure, signed by the investor, 
that reflects all fees, ongoing interest, and 
other compensation paid to any person 
that the regional center or new commercial 
enterprise knows has received, or will re-
ceive, in connection with the investment, 
including compensation to agents, finders, 
or broker dealers involved in the offering, 
to the extent not already specifically identi-
fied in the business plan filed under sub-
paragraph (F). 
‘‘(L) SOURCE OF FUNDS.— 
‘‘(i) IN GENERAL.—An alien investor 
shall demonstrate that the capital required 
under subparagraph (A) and any amounts 
used to pay administrative costs and fees 
associated with the alien’s investment were 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
obtained from a lawful source and through 
lawful means. 
‘‘(ii) REQUIRED INFORMATION.—The 
Secretary of Homeland Security shall re-
quire that an alien investor’s petition 
under this paragraph contain, as applica-
ble— 
‘‘(I) business and tax records, in-
cluding— 
‘‘(aa) foreign business reg-
istration records, if applicable; 
‘‘(bb) corporate or partner-
ship tax returns (or tax returns 
of any other entity in any form 
filed in any country or subdivi-
sion of such country), and per-
sonal tax returns including in-
come, franchise, property (wheth-
er real, personal, or intangible), 
or any other tax returns of any 
kind, filed during the past 7 
years, or another period to be de-
termined by the Secretary to en-
sure that the investment is ob-
tained from a lawful source of 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
funds, with any taxing jurisdic-
tion in or outside the United 
States by or on behalf of the 
alien investor, if applicable; and 
‘‘(cc) 
evidence 
identifying 
any other source of capital or ad-
ministrative fees; 
‘‘(II) evidence related to mone-
tary judgments against the alien in-
vestor, including certified copies of 
any judgments, and evidence of all 
pending governmental civil or criminal 
actions, governmental administrative 
proceedings, and any private civil ac-
tions 
involving 
possible 
monetary 
judgments against the alien investor 
from any court in or outside the 
United States; and 
‘‘(III) the identity of all persons 
who transfer into the United States, 
on behalf of the investor— 
‘‘(aa) any funds that are 
used to meet the capital require-
ment under subparagraph (A); 
and 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(bb) any funds that are 
used to pay administrative costs 
and fees associated with the 
alien’s investment. 
‘‘(iii) 
GIFT
RESTRICTIONS.—Gifted 
funds may be counted toward the min-
imum 
capital 
investment 
requirement 
under subparagraph (C) only if such funds 
were gifted to the alien investor in good 
faith and not to circumvent any limitations 
imposed on permissible sources of capital 
under this subparagraph. If a significant 
portion of the capital invested under sub-
paragraph (A) was gifted to the alien in-
vestor, the Secretary shall require the alien 
investor’s petition under this paragraph to 
include records described in subclauses (I) 
and (II) of clause (ii) from the donor. 
‘‘(M) TREATMENT OF INVESTORS IF A RE-
GIONAL CENTER HAS BEEN TERMINATED.— 
‘‘(i) IN GENERAL.—Upon the termi-
nation or debarment, as applicable, from 
the program under this paragraph of a re-
gional center, new commercial enterprise, 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
or job-creating entity under this para-
graph— 
‘‘(I) except as provided in sub-
clause (II), an otherwise qualified ap-
proved 
petition 
under 
section 
204(a)(1)(H) or the conditional per-
manent residence of an alien who has 
been admitted to the United States 
pursuant to section 216A(a)(1) based 
on an investment in a terminated re-
gional center, new commercial enter-
prise, or job-creating entity shall re-
main valid or continue to be author-
ized, as applicable, consistent with 
this subparagraph; and 
‘‘(II) if the Secretary has reason 
to believe the alien was a knowing 
participant in the conduct that led to 
the termination of such regional cen-
ter, new commercial enterprise, or 
job-creating entity, the Secretary shall 
notify the alien of such belief and, 
subject to section 216A(b)(2), shall 
terminate the permanent resident sta-
tus of the alien (and the alien’s 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
spouse and child) as of the date of 
such determination. 
‘‘(ii) NEW REGIONAL CENTER OR IN-
VESTMENT.—The petition under section 
204(a)(1)(H) of an alien described in 
clause (i)(I) shall be denied or revoked or 
the conditional permanent resident status 
of an alien described in clause (i)(I) shall 
be terminated 180 days after the termi-
nation from the program under this para-
graph of a regional center, a new commer-
cial enterprise, or a job creating entity un-
less— 
‘‘(I) in the case of the termi-
nation of a regional center— 
‘‘(aa) the new commercial 
enterprise associates with an ap-
proved regional center, regardless 
of the geography of its designa-
tion; 
‘‘(bb) the alien makes a 
qualifying investment in another 
commercial enterprise associated 
with an approved regional center; 
or 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(cc) the alien makes a 
qualifying investment in another 
commercial enterprise under this 
paragraph not associated with a 
regional center; or 
‘‘(II) in the case of the debar-
ment of a new commercial enterprise 
or job-creating entity, the alien invests 
in another commercial enterprise asso-
ciated with an approved regional cen-
ter. 
‘‘(iii) REMOVAL
OF
CONDITIONS.— 
Aliens described in subclauses (I)(bb), 
(I)(cc), and (II) of clause (ii) shall be eligi-
ble to have their conditions removed pursu-
ant to section 216A beginning on the date 
that is 2 years after the date of the subse-
quent investment. 
‘‘(N) THREATS TO THE NATIONAL INTER-
EST.— 
‘‘(i) DENIAL
OR
REVOCATION.—The 
Secretary of Homeland Security shall deny 
or revoke the approval of a petition, appli-
cation, or benefit described in this para-
graph, including the documents described 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
in clause (ii), if the Secretary determines 
that the approval of such petition, applica-
tion, or benefit is contrary to the national 
interest of the United States for reasons 
relating to threats to public safety or na-
tional security. 
‘‘(ii) DOCUMENTS.—The documents 
described in this clause are— 
‘‘(I) a certification, designation, 
or amendment to the designation of a 
regional center; 
‘‘(II) a petition seeking classifica-
tion of an alien as an alien investor 
under this paragraph; 
‘‘(III) a petition to remove condi-
tions under section 216A; and 
‘‘(IV) an application for approval 
of a business plan in a commercial en-
terprise under subparagraph (F). 
‘‘(iii) DEBARMENT.—If a regional 
center, new commercial enterprise, or job- 
creating entity has its designation or par-
ticipation in the program under this para-
graph terminated for reasons relating to 
public safety or national security, any per-
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
son associated with such regional center, 
new commercial enterprise, or job-creating 
entity, including an alien investor, shall be 
permanently barred from future participa-
tion in the program under this paragraph 
if the Secretary of Homeland Security, in 
the Secretary’s discretion, determines, by a 
preponderance of the evidence, that such 
person was a knowing participant in the 
conduct that led to the termination. 
‘‘(iv) NOTICE.—If the Secretary of 
Homeland Security determines that the ap-
proval of a petition, application, or benefit 
described in this paragraph should be de-
nied or revoked pursuant to clause (i), the 
Secretary shall— 
‘‘(I) notify the relevant indi-
vidual, regional center, or commercial 
entity of such determination; and 
‘‘(II) deny or revoke such peti-
tion, application, or benefit or termi-
nate the permanent resident status of 
the alien (and the alien spouse and 
alien children of such immigrant) as 
of the date of such determination. 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(v) 
JUDICIAL
REVIEW.—Notwith-
standing any other provision of law (statu-
tory or nonstatutory), including section 
2241 of title 28, United States Code, any 
other habeas corpus provision, and sections 
1361 and 1651 of such title, no court shall 
have jurisdiction to review a denial or rev-
ocation under this subparagraph. Nothing 
in this clause may be construed as pre-
cluding review of constitutional claims or 
questions of law raised upon a petition for 
review filed with an appropriate court of 
appeals under section 242. 
‘‘(O) FRAUD, MISREPRESENTATION, AND 
CRIMINAL MISUSE.— 
‘‘(i) DENIAL
OR
REVOCATION.—The 
Secretary of Homeland Security shall deny 
or revoke the approval of a petition, appli-
cation, or benefit described in this para-
graph, including the documents described 
in subparagraph (N)(ii), if the Secretary 
determines that such petition, application, 
or benefit was predicated on or involved 
fraud, deceit, intentional material mis-
representation, or criminal misuse. 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(ii) DEBARMENT.—If a regional cen-
ter, new commercial enterprise, or job-cre-
ating entity has its designation or partici-
pation in the program under this para-
graph terminated for reasons relating to 
fraud, intentional material misrepresenta-
tion, or criminal misuse, any person associ-
ated with such regional center, new com-
mercial enterprise, or job-creating entity, 
including an alien investor, shall be perma-
nently barred from future participation in 
the program under this paragraph if the 
Secretary determines, by a preponderance 
of the evidence, that such person was a 
knowing participant in the conduct that led 
to the termination. 
‘‘(iii) NOTICE.—If the Secretary de-
termines that the approval of a petition, 
application, or benefit described in this 
paragraph should be denied or revoked 
pursuant to clause (i), the Secretary 
shall— 
‘‘(I) notify the relevant indi-
vidual, regional center, or commercial 
entity of such determination; and 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(II) deny or revoke such peti-
tion, application, or benefit or termi-
nate the permanent resident status of 
the alien (and the alien spouse and 
alien children of such immigrant) as 
of the date of such determination. 
‘‘(P) ADMINISTRATIVE
APPELLATE
RE-
VIEW.— 
‘‘(i) IN
GENERAL.—The Director of 
U.S. Citizenship and Immigration Services 
shall provide an opportunity for an admin-
istrative appellate review by the Adminis-
trative Appeals Office of U.S. Citizenship 
and Immigration Services of any deter-
mination made under this paragraph, in-
cluding— 
‘‘(I) an application for regional 
center designation or regional center 
amendment; 
‘‘(II) an application for approval 
of a business plan under subpara-
graph (F); 
‘‘(III) a petition by an alien in-
vestor for status as an immigrant 
under this paragraph; 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(IV) the termination or suspen-
sion of any benefit accorded under 
this paragraph; and 
‘‘(V) any sanction imposed by the 
Secretary of Homeland Security under 
this paragraph. 
‘‘(ii) JUDICIAL
REVIEW.—Subject to 
section 242(a)(2), and notwithstanding any 
other provision of law (statutory or non-
statutory), including section 2241 of title 
28, United States Code, any other habeas 
corpus provision, and sections 1361 and 
1651 of such title, no court shall have ju-
risdiction to review a determination under 
this paragraph until the regional center, its 
associated entities, or the alien investor 
has exhausted all administrative appeals.’’. 
(b) EFFECTIVE DATES.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, this section, and the amend-
ments made by this section, shall take effect on the 
date that is 90 days after the date of the enactment 
of this Act. 
(2) EXCEPTIONS.—Clause (iv) of subparagraph 
(E) and subparagraph (L) of section 203(b)(5) of 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
the Immigration and Nationality Act (8 U.S.C. 
1153(b)(5)) shall not apply to a petition that— 
(A) was filed by an alien investor under 
such section 203(b)(5) before the date of the 
enactment of this Act; or 
(B) is filed under section 216A of such Act 
(8 U.S.C. 1186b) if the underlying petition filed 
under section 203(b)(5) of such Act was filed 
before the date of the enactment of this Act. 
(c) GAO REPORT.—Not later than December 31, 
2018, the Comptroller General of the United States shall 
submit a report to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House 
of Representatives that describes— 
(1) the economic benefits of the regional center 
program established under section 203(b)(5) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)), including the steps taken by U.S. Citi-
zenship and Immigration Services to verify job cre-
ation; 
(2) the extent to which U.S. Citizenship and 
Immigration Services ensures compliance by regional 
center participants with their obligations under the 
immigrant investor program; 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
(3) the extent to which U.S. Citizenship and 
Immigration Services has maintained records of re-
gional centers and associated commercial enter-
prises, including annual statements and certifi-
cations; 
(4) the steps taken by U.S. Citizenship and Im-
migration Services to verify the source of funds, as 
required under section 203(b)(5)(L) of the Immigra-
tion and Nationality Act, as added by subsection (a); 
(5) the extent to which U.S. Citizenship and 
Immigration Services collaborates with other Federal 
and law enforcement agencies, particularly to detect 
illegal activity and threats to national security re-
lated to the regional center program; 
(6) the extent to which U.S. Citizenship and 
Immigration Services has prevented fraud and abuse 
in regional center activities, including the designa-
tion of targeted employment areas in areas that oth-
erwise have high employment; 
(7) the extent to which U.S. Citizenship and 
Immigration Services has used its authority to sanc-
tion, suspend, bar, or terminate regional centers or 
individuals affiliated with regional centers; 
(8) the steps taken to oversee direct and third- 
party promoters under section 203(b)(5)(K) of the 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
Immigration and Nationality Act, as added by sub-
section (a); 
(9) the extent to which employees of the De-
partment of Homeland Security have complied with 
the ethical standards and transparency requirements 
set forth in section 3; and 
(10) the amounts expended from the EB–5 In-
tegrity Fund established under section 203(b)(5)(J) 
of the Immigration and Nationality Act, as added by 
subsection (a). 
(d) INSPECTOR GENERAL REPORT.—Not later than 
December 31, 2018, the Inspector General of the Intel-
ligence Community, in coordination with the Inspector 
General of the Department of Homeland Security and 
after consultation with relevant Federal agencies, includ-
ing U.S. Immigration and Customs Enforcement, shall 
submit a report to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House 
of Representatives regarding the immigrant visa program 
set forth in section 203(b)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(5)) that describes— 
(1) the vulnerabilities within the program that 
may undermine the national security of the United 
States; 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
(2) the actual or potential use of the program 
to facilitate export of sensitive technology; 
(3) the actual or potential use of the program 
to facilitate economic espionage; 
(4) the actual or potential use of the program 
by foreign government agents; and 
(5) the actual or potential use of the program 
to facilitate terrorist activity, including funding ter-
rorist activity or laundering terrorist funds. 
(e) REVIEW OF JOB CREATION METHODOLOGIES.— 
Not later than 1 year after the date of the enactment of 
this Act, the Secretary of Homeland Security, in consulta-
tion with the Bureau of Economic Analysis of the Depart-
ment of Commerce, or another component within the De-
partment of Commerce, as determined by the Secretary 
of Commerce, shall issue regulations to determine eco-
nomically and statistically valid general economic meth-
odologies that comply with section 203(b)(5)(A)(ii) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)(A)(ii)). 
(f) 
TECHNICAL
AMENDMENT.—Section 
203(b)(5)(C)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1153(b)(5)(C)(iii)) is amended by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of Homeland 
Security’’. 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
(g) DEFINITIONS.— 
(1) IN GENERAL.—Section 203(b)(5)(D) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)(D)) is amended to read as follows: 
‘‘(D) DEFINITIONS.—In this paragraph: 
‘‘(i) AFFILIATED JOB-CREATING ENTI-
TY.—The term ‘affiliated job-creating enti-
ty’ means any job-creating entity that is 
controlled, managed, or owned by any of 
the persons involved with the regional cen-
ter or new commercial enterprise under 
subparagraph (H)(v). 
‘‘(ii) CAPITAL.—The term ‘capital’— 
‘‘(I) means cash (including the 
cash proceeds of indebtedness) and all 
real, personal, or mixed tangible as-
sets owned and controlled by the alien 
investor, or held in trust for the ben-
efit of the alien and to which the alien 
has unrestricted access; 
‘‘(II) shall be valued at fair mar-
ket value in United States dollars, in 
accordance with Generally Accepted 
Accounting Principles or other stand-
ard accounting practice adopted by 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
the Securities and Exchange Commis-
sion, at the time such capital is in-
vested under this paragraph; and 
‘‘(III) shall not include assets ac-
quired, directly or indirectly, by un-
lawful means, including any cash pro-
ceeds of indebtedness secured by such 
assets. 
‘‘(iii) CERTIFIER.—The term ‘cer-
tifier’ means a person in a position of sub-
stantive authority for the management or 
operations of a regional center, new com-
mercial enterprise, affiliated job-creating 
entity, or issuer of securities under com-
mon control with any of such entities, such 
as a principal executive officer or principal 
financial officer, with knowledge of such 
entities’ policies and procedures related to 
compliance with the requirements under 
this paragraph. 
‘‘(iv) FULL-TIME EMPLOYMENT.—The 
term ‘full-time employment’ means employ-
ment in a position that requires at least 35 
hours of service per week at any time, re-
gardless of who fills the position. 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(v) 
JOB-CREATING
ENTITY.—The 
term ‘job-creating entity’ means any orga-
nization that— 
‘‘(I) is formed in the United 
States for the ongoing conduct of law-
ful business, including a partnership 
(whether limited or general), corpora-
tion, limited liability company, or 
other entity that receives, or is estab-
lished to receive, capital investment 
from alien investors or a new commer-
cial enterprise under the regional cen-
ter program described in subpara-
graph (E); and 
‘‘(II) is responsible for creating 
jobs to satisfy the requirement under 
subparagraph (A)(ii). 
‘‘(vi) 
NEW
COMMERCIAL
ENTER-
PRISE.—The term ‘new commercial enter-
prise’ means any for-profit organization 
formed in the United States for the ongo-
ing conduct of lawful business, including a 
partnership (whether limited or general), 
corporation, limited liability company, or 
other entity that receives, or is established 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
to receive, capital investment from inves-
tors under this paragraph.’’. 
(2) 
EFFECTIVE
DATES.—The 
amendments 
made by this subsection shall take effect on the date 
of the enactment of this Act. 
SEC. 3. TRANSPARENCY. 
(a) IN GENERAL.—Employees of the Department of 
Homeland Security, including the Secretary of Homeland 
Security, the Secretary’s counselors, the Assistant Sec-
retary for the Private Sector, the Director of U.S. Citizen-
ship and Immigration Services, counselors to such Direc-
tor, and the Chief of Immigrant Investor Programs at 
U.S. Citizenship and Immigration Services, shall act im-
partially and may not give preferential treatment to any 
entity, organization, or individual in connection with any 
aspect of the immigrant visa program described in section 
203(b)(5) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)). 
(b) IMPROPER
ACTIVITIES.—Activities that con-
stitute preferential treatment under subsection (a) shall 
include— 
(1) working on, or in any way attempting to in-
fluence, in a manner not available to or accorded to 
all other petitioners, applicants, and seekers of bene-
fits under the immigrant visa program described in 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
section 203(b)(5) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)(5)), the standard proc-
essing of an application, petition, or benefit for— 
(A) a regional center; 
(B) a new commercial enterprise; 
(C) a job-creating entity; or 
(D) any person or entity associated with 
such regional center, new commercial enter-
prise, or job-creating entity; and 
(2) meeting or communicating with persons as-
sociated with the entities described in paragraph (1), 
at the request of such persons, in a manner not 
available to or accorded to all other petitioners, ap-
plicants, and seekers of benefits under such immi-
grant visa program. 
(c) REPORTING OF COMMUNICATIONS.— 
(1) WRITTEN COMMUNICATION.—Employees of 
the Department of Homeland Security, including the 
officials listed in subsection (a), shall include, in the 
record of proceeding for a case under section 
203(b)(5) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)), actual or electronic copies of all 
case-specific written communication, including e- 
mails from government and private accounts, with 
non-Department persons or entities advocating for 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
regional center applications or individual petitions 
under such section that are pending on or after the 
date of the enactment of this Act (other than rou-
tine communications with other agencies of the Fed-
eral Government regarding the case, including com-
munications involving background checks and litiga-
tion defense). 
(2) ORAL COMMUNICATION.—If substantive oral 
communication, including telephonic communication, 
virtual communication, and in-person meetings, 
takes place between officials of the Department of 
Homeland Security and non-Department persons or 
entities advocating for regional center applications 
or individual petitions under section 203(b)(5) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)) that are pending on or after the date of 
the enactment of this Act (other than routine com-
munications with other agencies of the Federal Gov-
ernment regarding the case, including communica-
tions involving background checks and litigation de-
fense)— 
(A) the conversation shall be recorded; or 
(B) detailed minutes of the session shall be 
taken and included in the record of proceeding. 
(3) NOTIFICATION.— 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
(A) IN
GENERAL.—If the Secretary of 
Homeland Security, in the course of written or 
oral communication described in this sub-
section, receives evidence about a specific case 
from anyone other than an affected party or his 
or her representative (excluding Federal Gov-
ernment or law enforcement sources), such in-
formation may not be made part of the record 
of proceeding and may not be considered in ad-
judicative proceedings unless— 
(i) the affected party has been given 
notice of such evidence; and 
(ii) if such evidence is derogatory, the 
affected party has been given an oppor-
tunity to respond to the evidence. 
(B) INFORMATION
FROM
LAW
ENFORCE-
MENT, 
INTELLIGENCE
AGENCIES, 
OR
CON-
FIDENTIAL SOURCES.— 
(i) LAW
ENFORCEMENT
OR
INTEL-
LIGENCE
AGENCIES.—Evidence received 
from law enforcement or intelligence agen-
cies may not be made part of the record of 
proceeding without the consent of the rel-
evant agency or law enforcement entity. 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
(ii) WHISTLEBLOWERS, 
CONFIDEN-
TIAL SOURCES, OR INTELLIGENCE AGEN-
CIES.—Evidence received from whistle-
blowers, other confidential sources, or the 
intelligence community that is included in 
the record of proceeding and considered in 
adjudicative proceedings shall be handled 
in a manner that does not reveal the iden-
tity of the whistleblower or confidential 
source, or reveal classified information. 
(d) CONSIDERATION OF EVIDENCE.— 
(1) IN GENERAL.—Case-specific communication 
with persons or entities that are not part of the De-
partment of Homeland Security may not be consid-
ered in the adjudication of an application or petition 
under section 203(b)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(5)) unless the com-
munication is included in the record of proceeding of 
the case. 
(2) WAIVER.—The Secretary of Homeland Se-
curity may waive the application of paragraph (1) 
only in the interests of national security or for inves-
tigative or law enforcement purposes. 
(e) CHANNELS OF COMMUNICATION.— 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
(1) E-MAIL
ADDRESS
OR
EQUIVALENT.—The 
Director of U.S. Citizenship and Immigration Serv-
ices shall maintain an e-mail account (or equivalent 
means of communication) for persons or entities— 
(A) with inquiries regarding specific peti-
tions or applications under the immigrant visa 
program described in section 203(b)(5) of the 
Immigration and Nationality Act (8 U.S.C. 
1153(b)(5)); or 
(B) seeking non-case-specific information 
about the immigrant visa program described in 
such section 203(b)(5). 
(2) COMMUNICATION ONLY THROUGH APPRO-
PRIATE CHANNELS OR OFFICES.— 
(A) ANNOUNCEMENT
OF
APPROPRIATE 
CHANNELS
OF
COMMUNICATION.—Not later 
than 40 days after the date of the enactment of 
this Act, the Director of U.S. Citizenship and 
Immigration Services shall announce that the 
only channels or offices by which industry 
stakeholders, petitioners, applicants, and seek-
ers of benefits under the immigrant visa pro-
gram described in section 203(b)(5) of the Im-
migration and Nationality Act (8 U.S.C. 
1153(b)(5)) may communicate with the Depart-
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
ment of Homeland Security regarding specific 
cases under such section (except for commu-
nication made by applicants and petitioners 
pursuant to regular adjudicatory procedures), 
or non-case-specific information about the visa 
program applicable to certain cases under such 
section, are through— 
(i) the e-mail address or equivalent 
channel described in paragraph (1); 
(ii) the National Customer Service 
Center of U.S. Citizenship and Immigra-
tion Services, or any successor to that Cen-
ter; or 
(iii) the Customer Service and Public 
Engagement Directorate, the Immigrant 
Investor Program Office, or any successor 
agencies. 
(B) DIRECTION OF INCOMING COMMUNICA-
TIONS.— 
(i) IN GENERAL.—Employees of the 
Department of Homeland Security shall di-
rect communications described in subpara-
graph (A) to the channels of communica-
tion or offices listed in subparagraph (A). 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS
(ii) RULE OF CONSTRUCTION.—Noth-
ing in this subparagraph may be construed 
to prevent— 
(I) any person from commu-
nicating with the Ombudsman of U.S. 
Citizenship and Immigration Services 
regarding the immigrant investor pro-
gram under section 203(b)(5) of the 
Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)); or 
(II) the Ombudsman from resolv-
ing problems regarding such immi-
grant investor program under section 
452 of the Homeland Security Act of 
2002 (6 U.S.C. 272). 
(C) LOG.— 
(i) IN
GENERAL.—The Director of 
U.S. Citizenship and Immigration Services 
shall maintain a written or electronic log 
of— 
(I) all communications described 
in subparagraph (A) and communica-
tions from Members of Congress, 
which shall reference— 
VerDate Sep 11 2014 
00:39 Feb 12, 2016
Jkt 059200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H4530.IH
H4530
smartinez on DSK4TPTVN1PROD with BILLS