along with an application under this paragraph, 
a recruitment report containing evidence that 
the employer posted the employment oppor-
tunity on a publicly accessible Internet Web site 
and engaged in at least 3 other forms of active 
recruitment 
(as 
defined 
in 
subsection 
(a)(5)(A)(vii)(III)). The employer shall main-
tain an audit file of recruitment activities, in-
cluding information on United States worker 
applicants, for 3 years after the date the appli-
cation was filed with the Secretary. Nothing in 
Subparagraph (G)’’. 
(2) EXCEPTION FOR EMPLOYERS WHO PAY IN-
CREASED WAGES.—Section 212(n)(1)(G) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(n)(1)(G)), as amended by this subsection, is 
further amended by adding at the end the following: 
‘‘(iii) The conditions described in 
clause (i) shall not apply to an application 
filed with respect to the employment of an 
H–1B nonimmigrant— 
‘‘(I) who is described in subpara-
graph (A), (B), or (C) of section 
203(b)(1); or 
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‘‘(II) if the wages being offered 
to such nonimmigrant meet or exceed 
the wage level set by subsection 
(p)(1)(B) (relating to the mean wage 
for the occupational classification in 
the area of employment) and the ap-
plicant is designated as an Estab-
lished U.S. Recruiter under section 
212(a)(5)(A)(vii).’’. 
(3) ELIMINATING
REDUNDANT
TESTING
OF 
LABOR MARKET.—Section 212(a)(5)(D) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(5)(D)) is amended— 
(A) by striking ‘‘The grounds’’ and insert-
ing ‘‘(i) Except as provided in clause (ii), the 
grounds’’; and 
(B) by adding at the end the following: 
‘‘(ii) Clause (i) shall not apply to an alien 
seeking admission or adjustment of status who 
is presently a nonimmigrant described under 
section 101(a)(15)(H)(i)(b) if— 
‘‘(I) the alien obtained such non-
immigrant status based on a petition filed 
after the effective date of the IDEA Act of 
2011; 
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‘‘(II) the alien is the subject of a peti-
tion described in section 204(a)(1)(F) and 
is seeking admission or adjustment of sta-
tus through such petition; and 
‘‘(III) the petition described in sub-
clause (II) was filed by the alien’s em-
ployer within 18 months after the date on 
which the alien obtained nonimmigrant 
status under section 101(a)(15)(H)(i)(b).’’. 
(d) IMPROVING PROTECTIONS FOR U.S. WORKERS.— 
(1) IN GENERAL.—Section 212(n)(2) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(n)(2)) is amended to read as follows: 
‘‘(2)(A) IN GENERAL.—The Secretary of Labor 
shall establish a process for the receipt, investiga-
tion, and disposition of complaints, which may be 
filed by any aggrieved person or organization (in-
cluding bargaining representatives), respecting an 
employer’s compliance with this subsection. The Sec-
retary, either pursuant to this complaint process or 
otherwise, may investigate employers as necessary to 
determine such compliance. The Secretary shall 
audit at least 5 percent of the employers who file ap-
plications under paragraph (1) in a given year to de-
termine compliance with this subsection. 
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‘‘(B) PENALTIES.—If the Secretary of Labor 
finds, after notice and an opportunity for a hear-
ing— 
‘‘(i) a substantial failure to meet any of 
the conditions of the application described 
under paragraph (1), a misrepresentation of a 
material fact in such application, or a violation 
of subparagraph (C) or (D)— 
‘‘(I) the Secretary of Labor shall, in 
addition to any other remedy authorized by 
law, impose such administrative remedies 
(including civil monetary penalties in an 
amount not to exceed $10,000 per viola-
tion) as the Secretary determines to be ap-
propriate; and 
‘‘(II) the Secretary of Labor may not 
approve applications with respect to that 
employer under paragraph (1) during a pe-
riod of at least 1 year but not more than 
5 years for aliens to be employed by the 
employer; and 
‘‘(ii) a substantial failure to meet any of 
the conditions of the application described 
under paragraph (1) or a misrepresentation of 
a material fact in such application, in the 
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course of which failure or misrepresentation the 
employer displaced a United States worker em-
ployed by the employer within the period begin-
ning 180 days before and ending 180 days after 
the date of filing of any visa petition supported 
by the application— 
‘‘(I) the Secretary of Labor shall im-
pose such administrative remedies (includ-
ing civil monetary penalties in an amount 
not to exceed $35,000 per violation) as the 
Secretary determines to be appropriate; 
and 
‘‘(II) the Secretary of Labor may not 
approve applications with respect to that 
employer under paragraph (1) during a pe-
riod of at least 5 years for aliens to be em-
ployed by the employer. 
‘‘(C) DISCRIMINATION
OR
RETALIATION
PRO-
HIBITED.—It is a violation of this subparagraph for 
an employer who has filed an application under this 
subsection to intimidate, threaten, restrain, coerce, 
discharge, or in any other manner discriminate or 
retaliate against an employee (including a former 
employee or an applicant for employment) because 
the employee— 
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‘‘(i) has disclosed information to the em-
ployer, or to any other person, that the em-
ployee reasonably believes evidences a violation 
of this subsection, or any rule or regulation per-
taining to this subsection; or 
‘‘(ii) seeks legal assistance or counsel re-
lated to any such violation, or cooperates, or 
seeks to cooperate, in an investigation or other 
proceeding concerning the employer’s compli-
ance with the requirements of this subsection, 
or any rule or regulation pertaining to this sub-
section. 
The Secretary of Labor and the Secretary of Home-
land Security shall devise a process under which an 
H–1B nonimmigrant who files a complaint regarding 
a violation of this subparagraph and is otherwise eli-
gible to remain and work in the United States may 
be allowed to seek other appropriate employment in 
the United States for a period not to exceed the 
maximum period of stay authorized for such non-
immigrant classification. 
‘‘(D) PROHIBITED FEES.—It is a violation of 
this subparagraph for an employer who has filed an 
application under this subsection— 
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‘‘(III) Clause (i) shall not be con-
strued as prohibiting an employer that is a 
school or other educational institution from 
applying to an H–1B nonimmigrant an es-
tablished salary practice of the employer, 
under which the employer pays to H–1B 
nonimmigrants and United States workers 
in the same occupational classification an 
annual salary in disbursements over fewer 
than 12 months, if— 
‘‘(aa) the nonimmigrant agrees to 
the compressed annual salary pay-
ments prior to the commencement of 
the employment; and 
‘‘(bb) the application of the sal-
ary practice to the nonimmigrant does 
not otherwise cause the nonimmigrant 
to violate any condition of the non-
immigrant’s authorization under this 
chapter to remain in the United 
States. 
‘‘(iii) RELATION TO SUBPARAGRAPH (G).— 
This subparagraph shall not be construed as 
superseding subparagraph (G). 
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‘‘(F) TREATMENT.—It is a violation of para-
graph (1)(A) for an employer who has filed an appli-
cation under this subsection to fail to offer to an H– 
1B nonimmigrant, during the nonimmigrant’s period 
of authorized employment, benefits and eligibility for 
benefits (including the opportunity to participate in 
health, life, disability, and other insurance plans; the 
opportunity to participate in retirement and savings 
plans; and cash bonuses and noncash compensation, 
such as stock options (whether or not based on per-
formance)) on the same basis, and in accordance 
with the same criteria, as the employer offers to 
United States workers. 
‘‘(G) BACK WAGES.—If the Secretary of Labor 
finds, after notice and an opportunity for a hearing, 
that recovery of back wages, fees or costs is nec-
essary to address a violation of this subsection or 
any other law, the Secretary of Labor may recover 
such back wages, fees or costs on behalf of the work-
er. 
‘‘(H) GOOD FAITH COMPLIANCE.— 
‘‘(i) Except as provided in clauses (ii) and 
(iii), a person or entity is considered to have 
complied with the requirements of this sub-
section, notwithstanding a technical or proce-
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dural failure to meet such requirements, if 
there was a good faith attempt to comply with 
the requirements. 
‘‘(ii) Clause (i) shall not apply if— 
‘‘(I) the Department of Labor (or an-
other enforcement agency) has explained to 
the person or entity the basis for the fail-
ure; 
‘‘(II) the person or entity has been 
provided a period of not less than 10 busi-
ness days (beginning after the date of the 
explanation) within which to correct such 
failure; and 
‘‘(III) the person or entity has not 
corrected the failure voluntarily within 
such period. 
‘‘(iii) A person or entity that, in the course 
of an investigation, is found to have violated the 
prevailing wage requirements set forth in para-
graph (1)(A), shall not be assessed fines or 
other penalties for such violation if the person 
or entity can establish that the manner in 
which the prevailing wage was calculated was 
consistent with recognized industry standards 
and practices. 
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‘‘(iv) Clauses (i) and (iii) shall not apply to 
a person or entity that has engaged in or is en-
gaging in a pattern or practice of willful viola-
tions of this paragraph. 
‘‘(I) AUTHORITY
TO
ENSURE
COMPLIANCE.— 
The Secretary of Labor is authorized to take other 
such actions, including issuing subpoenas and seek-
ing appropriate injunctive relief and specific per-
formance of contractual obligations, as may be nec-
essary to assure employer compliance with the terms 
and conditions under this subsection. The rights and 
remedies provided to H–1B nonimmigrants by this 
subsection are in addition to, and not in lieu of, any 
other contractual or statutory rights and remedies of 
such nonimmigrants, and are not intended to alter 
or affect such rights and remedies. 
‘‘(J) SUBSTANTIAL
FAILURE
DEFINED.—The 
term ‘substantial failure’ means the repeated, reck-
less or willful failure to comply with the require-
ments of this section that constitute a significant de-
viation from the requirements of this section or the 
terms and conditions of an application filed under 
this section.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
212(n) of the Immigration and Nationality Act (8 
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U.S.C. 1182(n)) is amended by striking paragraphs 
(3) and (5) and redesignating paragraph (4), as 
amended by this section, as paragraph (3). 
(e) ELIMINATING H–1B EXTENSIONS FOR EXCLU-
SIVELY TEMPORARY WORKERS.—Section 214(g)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) 
is amended by striking ‘‘6’’ and inserting ‘‘3’’. 
(f) INCREASED PORTABILITY FOR H–1B EMPLOY-
EES.— 
(1) GRACE PERIOD.—Section 214(g)(4) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(g)(4)), as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(C) If a nonimmigrant described in section 
101(a)(15)(H)(i)(b) is terminated or laid off by the 
nonimmigrant’s employer, or otherwise ceases em-
ployment with the employer, the nonimmigrant’s sta-
tus shall continue for 60 days or until the last date 
of the previously approved status, whichever is ear-
lier.’’. 
(2) ALLOWING PROMOTIONS.—Section 204(j) of 
the Immigration and Nationality Act (8 U.S.C. 
1154(j)) is amended by— 
(A) striking ‘‘(a)(1)(D)’’ and inserting 
‘‘(a)(1)(F)’’; 
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(B) striking ‘‘if the new job is in the same 
or similar occupational classification as the job 
for which the petition was filed.’’ and inserting 
‘‘if the new job—’’; and 
(C) inserting at the end the following: 
‘‘(1) is in the same or similar occupational clas-
sification as the job for which the petition was filed; 
or 
‘‘(2) is in a different occupational classification 
that is in a field related to the job for which the pe-
tition was filed and involves an increase in wages of 
at least 5 percent.’’. 
(3) RETENTION OF PRIORITY DATE.—Section 
203 of the Immigration and Nationality Act (8 
U.S.C. 1153), as amended by this Act, is further 
amended by adding at the end the following new 
subsection: 
‘‘(i) RETENTION OF PRIORITY DATE.—The priority 
date for any immigrant petition shall be the date of filing 
with the Secretary of Homeland Security or the Secretary 
of State, unless the filing was preceded by the filing of 
a labor certification with the Secretary of Labor, in which 
case the date of filing of such labor certification shall con-
stitute the priority date. The beneficiary of any petition 
shall retain the earliest priority date based on any ap-
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(ii) in clause (iv), by striking ‘‘clause 
(i), (ii), or (iii)’’ and inserting ‘‘clause (i), 
(ii), (iii), or (iv)’’; 
(iii) by redesignating clause (iv) as 
clause (v); 
(iv) by inserting after clause (iii) the 
following: 
‘‘(iv) 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’’; and 
(v) by striking ‘‘having a foreign resi-
dence which the alien has no intention of 
abandoning’’. 
(B) AUTHORIZED PERIOD OF STAY.—Sec-
tion 214(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(a)(2)) is amended— 
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(i) in paragraph (B) by inserting ‘‘(i), 
(ii), and (iii)’’ after ‘‘1101(a)(15)(P)’’ each 
place that term appears; and 
(ii) by inserting ‘‘or fashion model’’ 
after ‘‘athlete’’. 
(C) CONSULTATION.— 
(i) 
IN
GENERAL.—Section 
214(c)(4)(D) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(c)(4)(D)) is 
amended by striking ‘‘clause (i) or (iii)’’ 
and inserting ‘‘clause (i), (iii), or (iv)’’. 
(ii) 
ADVISORY
OPINION.—Section 
214(c)(6)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(c)(6)(A)) is 
amended by inserting at the end new 
clause to read as follows— 
‘‘(iv) To meet the consultation re-
quirement of paragraph (4)(D), in the case 
of a petition for a nonimmigrant described 
in section 101(a)(15)(P)(iv) of this Act, 
the petitioner shall submit with the peti-
tion an advisory opinion from a peer 
group, labor organization, or other person 
or persons of its choosing with expertise in 
the field of fashion modeling.’’ 
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(iii) EXPEDITED PROCEDURES.—Sec-
tion 214(c)(6)(E)(i) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(c)(6)(E)(i)) is amended by striking 
‘‘artists or entertainers’’ and inserting 
‘‘artists, entertainers, or fashion models’’. 
(3) CONFORMING AMENDMENTS.—Section 214 
(a) and (c) of the Immigration and Nationality Act 
(8 U.S.C. 1184 (a) and (c)) are amended by striking 
the term ‘‘Attorney General’’ each place it appears 
and inserting ‘‘Secretary of Homeland Security’’. 
(4) CONSTRUCTION.—Nothing in this sub-
section shall be construed as preventing an alien who 
is a fashion model from obtaining nonimmigrant sta-
tus under section 101(a)(15)(O)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(O)(i)) if such alien is otherwise quali-
fied for such status. 
SEC. 403. REFORMING THE L VISA PROGRAM TO PROTECT 
AMERICAN WORKERS. 
(a) REQUIRING PREVAILING WAGE FOR CERTAIN L– 
1B NONIMMIGRANTS.—Section 214(c)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(c)(2)) is amend-
ed by adding at the end the following: 
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‘‘(G)(i) No alien described in clause (ii) 
may be admitted or provided status under sec-
tion 101(a)(15)(L) unless the employer has 
filed with the Secretary of Labor an application 
stating that the employer— 
‘‘(I) is offering and will offer during 
the period of authorized employment wages 
that are at least— 
‘‘(aa) the actual wage level paid 
by the employer to all other individ-
uals with similar experience and quali-
fications for the specific employment 
in question, or 
‘‘(bb) the prevailing wage level 
for the occupational classification in 
the area of employment, 
whichever is greater, based on the best in-
formation available as of the time of filing 
the application; and 
‘‘(II) will provide working conditions 
for such alien that will not adversely affect 
the working conditions of workers similarly 
employed. 
‘‘(ii) An alien is described in this clause if 
the alien will serve in a capacity involving spe-
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cialized knowledge under section 101(a)(15)(L) 
and the alien— 
‘‘(I) will be employed in the United 
States for a cumulative period of time in 
excess of 18 months over a 3-year period, 
or 
‘‘(II) will be employed in the United 
States for a cumulative period of time in 
excess of 90 days over a 3-year period and 
will be stationed primarily at the worksite 
of an employer other than the petitioning 
employer or its affiliate, subsidiary, or par-
ent, including pursuant to an outsourcing, 
leasing, or other contracting agreement. 
‘‘(iii) An employer may comply with the re-
quirements of clause (i) by establishing that the 
total amount of compensation to be paid by the 
employer to the alien (including the value of 
benefits paid by the employer to the alien in the 
alien’s home country, employer-provided hous-
ing or housing allowances, employer-provided 
vehicles or transportation allowances, and other 
benefits provided to the alien as an incident of 
the assignment in the United States) meets or 
exceeds the total amount of compensation paid 
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by the employer to all other employees with 
similar experience and qualifications working in 
the same occupational classification.’’. 
(b) INVESTIGATION
AND
DISPOSITION
OF
COM-
PLAINTS AGAINST L–1 EMPLOYERS.—Section 214(c)(2) 
of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)), as amended by this section, is further amend-
ed by adding at the end the following: 
‘‘(H)(i) The Secretary of Labor shall es-
tablish a process for the receipt, investigation 
and disposition of complaints, which may be 
filed by any aggrieved person or organization 
(including bargaining representatives), respect-
ing an employer’s compliance with this para-
graph and the conditions of an application 
under paragraph (1) for a nonimmigrant under 
section 101(a)(15)(L). The Secretary, either 
pursuant to this complaint process or otherwise, 
may investigate employers as necessary to de-
termine such compliance. The Secretary shall 
audit at least 5 percent of the employers who 
file applications under subparagraph (G) in a 
given year to determine compliance with this 
subsection. 
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‘‘(ii) If the Secretary finds, after notice 
and an opportunity for a hearing, a substantial 
failure to meet any of the conditions of this 
paragraph, a misrepresentation of a material 
fact in an application under paragraph (1) for 
a nonimmigrant under section 101(a)(15)(L), 
or a violation of clause (iii) or (iv)— 
‘‘(I) the Secretary shall, in addition to 
any other remedy authorized by law, im-
pose such administrative remedies (includ-
ing civil monetary penalties in an amount 
not to exceed $10,000 per violation) as the 
Secretary determines to be appropriate; 
and 
‘‘(II) the Secretary may not approve 
applications with respect to that employer 
under paragraph (1) for a nonimmigrant 
under section 101(a)(15)(L) during a pe-
riod of at least 1 year but not more than 
5 years for aliens to be employed by the 
employer. 
‘‘(iii) It is a violation of this subparagraph 
for an employer who has filed an application 
under paragraph (1) for a nonimmigrant under 
section 101(a)(15)(L) to intimidate, threaten, 
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restrain, coerce, discharge, or in any other man-
ner discriminate or retaliate against an em-
ployee (including a former employee or an ap-
plicant for employment) because the em-
ployee— 
‘‘(I) has disclosed information to the 
employer, or to any other person, that the 
employee reasonably believes evidences a 
violation of this subsection, or any rule or 
regulation pertaining to this subsection; or 
‘‘(II) seeks legal assistance or counsel 
related to any such violation, or cooper-
ates, or seeks to cooperate, in an investiga-
tion or other proceeding concerning the 
employer’s compliance with the require-
ments of this subsection, or any rule or 
regulation pertaining to this subsection. 
The Secretary shall devise a process under 
which 
a 
nonimmigrant 
under 
section 
101(a)(15)(L) who files a complaint regarding 
a violation of this subparagraph and is other-
wise eligible to remain and work in the United 
States may be allowed to seek other appropriate 
employment in the United States for a period 
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not to exceed the maximum period of stay au-
thorized for such nonimmigrant classification. 
‘‘(iv) It is a violation of this subparagraph 
for an employer who has filed an application 
under paragraph (1) for a nonimmigrant under 
section 101(a)(15)(L)— 
‘‘(I) to require such nonimmigrant to 
pay a penalty for ceasing employment with 
the employer prior to a date agreed to by 
the nonimmigrant and the employer; or 
‘‘(II) to require or accept reimburse-
ment or any other form of compensation 
from an alien with respect to a fee imposed 
on the employer related to such applica-
tion. 
‘‘(v) If the Secretary finds, after notice 
and an opportunity for a hearing, that recovery 
of back wages, fees or costs is necessary to ad-
dress a violation of this subparagraph or any 
other law, the Secretary may recover such back 
wages, fees or costs on behalf of the worker. 
‘‘(vi) The Secretary is authorized to take 
other such actions, including issuing subpoenas 
and seeking appropriate injunctive relief and 
specific performance of contractual obligations, 
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as may be necessary to assure employer compli-
ance with the terms and conditions under this 
paragraph. The rights and remedies provided to 
nonimmigrants under section 101(a)(15)(L) by 
this paragraph are in addition to, and not in 
lieu of, any other contractual or statutory 
rights and remedies of such nonimmigrants, 
and are not intended to alter or affect such 
rights and remedies. 
‘‘(vii)(I) Except as provided in subclauses 
(II) and (III), a person or entity is considered 
to have complied with the requirements of this 
paragraph, notwithstanding a technical or pro-
cedural failure to meet such requirements, if 
there was a good faith attempt to comply with 
the requirements. 
‘‘(II) Subclause (I) shall not apply 
if— 
‘‘(aa) the Secretary of Homeland 
Security 
(or 
another 
enforcement 
agency) has explained to the person or 
entity the basis for the failure; 
‘‘(bb) the person or entity has 
been provided a period of not less 
than 10 business days (beginning 
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after the date of the explanation) 
within which to correct such failure; 
and 
‘‘(cc) the person or entity has not 
corrected the failure voluntarily within 
such period. 
‘‘(III) A person or entity that, in the 
course of an investigation, is found to have 
violated the prevailing wage requirements 
set forth in subparagraph (G), shall not be 
assessed fines or other penalties for such 
violation if the person or entity can estab-
lish that the manner in which the pre-
vailing wage was calculated was consistent 
with recognized industry standards and 
practices. 
‘‘(IV) Subclauses (I) and (III) shall 
not apply to a person or entity that has 
engaged in or is engaging in a pattern or 
practice of willful violations of this para-
graph. 
‘‘(viii) The term ‘substantial failure’ means 
the repeated, reckless or willful failure to com-
ply with the requirements of this paragraph 
that constitute a significant deviation from the 
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requirements of this paragraph or the terms 
and conditions of an application filed under 
paragraph (1) for nonimmigrants under section 
101(a)(15)(L).’’. 
(c) TECHNICAL AMENDMENT.—Section 214(c)(2) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(c)(2)), as amended by this section, is further amend-
ed by striking ‘‘Attorney General’’ each place such term 
appears and inserting ‘‘Secretary of Homeland Security’’. 
(d) REPORT
ON
L–1 NONIMMIGRANTS.—Section 
214(c)(8) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)(8)) is amended— 
(1) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security or Secretary of 
State, as appropriate,’’; 
(2) by inserting ‘‘(L),’’ after ‘‘(H),’’; and 
(3) by adding at the end the following: 
‘‘(F) The number of applications for non-
immigrants 
described 
under 
section 
101(a)(15)(L), based on an approved blanket 
petition under paragraph (2)(A), which have 
been filed. 
‘‘(G) The number of applications for non-
immigrants 
described 
under 
section 
101(a)(15)(L), based on an approved blanket 
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petition under paragraph (2)(A), which have 
been approved.’’. 
(e) REPORT
ON L–1 BLANKET PETITION PROC-
ESS.—Not later than 12 months after the date of the en-
actment of this Act, the Inspector General of the Depart-
ment of Homeland Security, in cooperation with the In-
spector General of the Department of State, shall submit 
to the Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of the 
Senate a report regarding the use of blanket petitions 
under section 214(c)(2)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(c)(2)(A)). Such report shall 
assess the efficiency and reliability of the process for re-
viewing such blanket petitions and adjudicating visa appli-
cations filed under an approved blanket petition, including 
whether the process includes adequate safeguards against 
fraud and abuse. 
TITLE V—PROMOTING INVEST-
MENT 
IN 
THE 
AMERICAN 
ECONOMY 
SEC. 501. EB–5 EMPLOYMENT CREATION INVESTOR PRO-
GRAM. 
(a) AUTHORIZATION OF EB–5 EMPLOYMENT CRE-
ATION REGIONAL CENTER PROGRAM.—Section 203(b)(5) 
of the Immigration and Nationality Act (8 U.S.C. 
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1153(b)(5)) is amended by adding at the end the following 
new subparagraph: 
‘‘(E) SET-ASIDE FOR EMPLOYMENT CRE-
ATION REGIONAL CENTERS.— 
‘‘(i) IN GENERAL.—Of the visas other-
wise available under this paragraph, the 
Secretary of State, together with the Sec-
retary of Homeland Security, shall set 
aside at least 5,000 visas for a program in-
volving regional centers designated by the 
Secretary of Homeland Security, on the 
basis of a general proposal, for the pro-
motion of economic growth, including im-
proved regional productivity, job creation, 
or increased domestic capital investment. A 
regional center shall have jurisdiction over 
a specific geographic area, which shall be 
described in the proposal and consistent 
with the purpose of concentrating pooled 
investment in defined economic zones. The 
establishment of a regional center under 
this subparagraph may be based on gen-
eral predictions, contained in the proposal, 
concerning the kinds of new commercial 
enterprises that will receive capital from 
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aliens under this paragraph, the jobs that 
will be created (directly or indirectly) as a 
result of such capital investments and the 
other positive economic effects such capital 
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. The Sec-
retary may consider estimated job creation 
outside the geographic boundary of a des-
ignated regional center if such estimate is 
supported by substantial evidence and con-
stitutes no more than 50 percent of the 
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overall number of jobs estimated to be cre-
ated by such regional center. 
‘‘(iii) PREAPPROVAL
OF
NEW
COM-
MERCIAL ENTERPRISES.—The Secretary of 
Homeland 
Security 
shall 
establish 
a 
preapproval procedure for commercial en-
terprises that— 
‘‘(I) allows a regional center to 
apply to the Secretary for approval of 
a new commercial enterprise before 
any alien files a petition for classifica-
tion under this paragraph by reason 
of investment in the new commercial 
enterprise; 
‘‘(II) in considering an applica-
tion under subclause (I), requires that 
the Secretary make final decisions on 
all issues under this paragraph other 
than those issues unique to each indi-
vidual investor in the new commercial 
enterprise; and 
‘‘(III) requires that the Secretary 
eliminate the need for the repeated 
submission of documentation that is 
common to multiple petitions for clas-
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sification 
under 
this 
paragraph 
through a regional center. 
‘‘(iv) FEE
FOR
REGIONAL
CENTER 
DESIGNATION.—In addition to any other 
fees authorized by law, the Secretary of 
Homeland Security shall impose a fee to 
apply for designation as an EB–5 regional 
center under this paragraph. Fees collected 
under this paragraph shall be deposited in 
the Treasury in accordance with section 
286(y).’’. 
(b) 
TARGETED
EMPLOYMENT
AREAS.—Section 
203(b)(5)(B) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)(B)) is amended as follows: 
(1) TARGETED EMPLOYMENT AREA DEFINED.— 
In clause (ii), to read as follows: 
‘‘(ii) TARGETED EMPLOYMENT AREA 
DEFINED.—In this paragraph, the term 
‘targeted employment area’ means— 
‘‘(I) a rural area; 
‘‘(II) an area that has experi-
enced high unemployment (of at least 
150 percent of the national average 
rate) within the preceding 12 months; 
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‘‘(III) a county that has had a 20 
percent or more decrease in popu-
lation since 1970; or 
‘‘(IV) an area that is within the 
boundaries established for purposes of 
a State or Federal economic develop-
ment incentive program, including 
areas defined as Enterprise Zones, 
Renewal Communities and Empower-
ment Zones.’’. 
(2) RURAL AREA DEFINED.—In clause (iii), by 
striking ‘‘within a metropolitan statistical area or’’. 
(3) EFFECT
OF
PRIOR
DETERMINATION.—By 
adding at the end the following: 
‘‘(iv) EFFECT OF PRIOR DETERMINA-
TION.—In a case in which a geographic 
area is determined under clause (ii) to be 
a targeted employment area, such deter-
mination shall remain in effect during the 
2-year period beginning on the date of the 
determination for purposes of any alien 
seeking a visa reserved under this subpara-
graph.’’. 
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(c) 
CALCULATING
JOB
CREATION.—Section 
203(b)(5)(D) of such Act (8 U.S.C. 1153(b)(5)(D)) is 
amended to read as follows: 
‘‘(D) FULL-TIME
EMPLOYMENT.—In this 
paragraph, the term ‘full-time employment’ 
means employment in a position that requires 
at least 35 hours of service per week at any 
time, regardless of who fills the position. Such 
employment may be satisfied on a full-time 
equivalent basis by calculating the number of 
full-time employees that could have been em-
ployed if the reported number of hours worked 
by part-time employees had been worked by 
full-time employees. Full-time equivalent em-
ployment shall be calculated by dividing the 
part-time hours paid by the standard number of 
hours for full-time employees.’’. 
(d) CAPITAL.—Section 203(b)(5)(C) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(b)(5)(C)) is 
amended by adding at the end the following: 
‘‘(iv) CAPITAL
DEFINED.—For pur-
poses of this paragraph, the term ‘capital’ 
does not include any assets acquired, di-
rectly or indirectly, by unlawful means.’’. 
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(e) TYPE OF INVESTMENT.—Section 203(b)(5)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)(A)), is amended by adding ‘‘or similar entity’’ 
after ‘‘including a limited partnership’’. 
(f) EXTENSION.—Subparagraph (A) of section 
216A(d)(2) of the Immigration and Nationality Act (8 
U.S.C. 1186b(d)(2)(A)) is amended by adding at the end 
the following: ‘‘A date specified by the applicant (but not 
later than the fourth anniversary) shall be substituted for 
the second anniversary in applying the preceding sentence 
if the applicant demonstrates that the applicant has at-
tempted to follow the applicant’s business model in good 
faith, provides an explanation for the delay in filing the 
petition that is based on circumstances outside of the ap-
plicant’s control, and demonstrates that such cir-
cumstances will be able to be resolved within the specified 
period.’’. 
(g) STUDY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, in appropriate consultation with the Sec-
retary of Commerce and other interested parties, 
shall conduct a study concerning— 
(A) current job creation counting method-
ology and initial projections under section 
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203(b)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)(5)); and 
(B) how to best promote the employment 
creation program described in such section 
overseas to potential immigrant investors. 
(2) REPORT.—The Secretary of Homeland Se-
curity shall submit a report to the Committee on the 
Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate not later 
than 1 year after the date of the enactment of this 
Act containing the results of the study conducted 
under paragraph (1). 
(h) BIENNIAL REPORT.—Beginning on the date that 
is one year after the date of enactment of this Act, and 
every 2 years thereafter, the Secretary of Homeland Secu-
rity shall submit a report to the Committee on the Judici-
ary of the House of Representatives and the Committee 
on the Judiciary of the Senate that measures the economic 
impact of the regional center program described in section 
203(b)(5)(E) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)(E)), including— 
(1) foreign and domestic capital investment; 
(2) the number of jobs directly and indirectly 
created; 
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(3) any other economic benefits related to for-
eign investment under such program; and 
(4) the number of petitions under such section 
approved or denied for each regional center. 
(i) 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. 
SEC. 502. CONCURRENT FILING; ADJUSTMENT OF STATUS. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended— 
(1) in subsection (k), in the matter preceding 
paragraph (1), by striking ‘‘(1), (2), or (3)’’ and in-
serting ‘‘(1), (2), (3), (5), or (6)’’; and 
(2) by adding at the end the following: 
‘‘(n) If, at the time a petition is filed under section 
204 for classification under paragraph (5) or (6) of section 
203(b), approval of the petition would make a visa imme-
diately available to the alien beneficiary, the alien bene-
ficiary’s adjustment application under this section shall be 
considered to be properly filed whether the application is 
submitted concurrently with, or subsequent to, the visa pe-
tition.’’. 
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SEC. 503. FEES; PREMIUM PROCESSING. 
(a) ESTABLISHMENT OF ACCOUNT; USE OF FEES.— 
Section 286 of the Immigration and Nationality Act (8 
U.S.C. 1356), as amended by this Act, is further amended 
by adding at the end the following: 
‘‘(y) IMMIGRANT ENTREPRENEUR 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 Account’. Notwithstanding any other provi-
sion of law, there shall be deposited as offsetting re-
ceipts into the account all fees collected under para-
graph (5) or (6) of section 203(b) of this Act or sec-
tion 610(b) of the Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1993 (8 U.S.C. 1153 note). 
‘‘(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 paragraph (5) 
or (6) of section 203(b).’’. 
(b) PREMIUM PROCESSING.—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 classi-
fication under paragraph (5) or (6) of section 203(b), if 
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