SEC. 3. PREMIUM PROCESSING FEE FOR EB–5 IMMIGRANT 
INVESTOR CASES. 
(a) IN GENERAL.—Section 286(u) of the Immigra-
tion and Nationality Act (8 U.S.C. 1356) is amended by 
adding ‘‘except that the fee for petitions filed under sec-
tion 203(b)(5) shall be $2,000. The fee’’ after ‘‘$1,000,’’. 
(b) USE OF FEES.—Fees collected pursuant to the 
amendment made by subsection (a) shall be available to 
the Secretary of Homeland Security solely for the purpose 
of administration and operation of the EB–5 immigrant 
investor program. 
(c) REGULATIONS.—The Department of Homeland 
Security shall promulgate regulations to implement this 
amendment not later than 120 days after the date of the 
enactment of this Act. 
SEC. 4. ALLOW CONCURRENT FILING FOR EB–5 PETITIONS 
AND 
ADJUSTMENT 
OF 
STATUS 
APPLICA-
TIONS. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended by adding at the end the fol-
lowing: 
‘‘(n) CONCURRENT PROCESSING FOR EMPLOYMENT 
CREATION IMMIGRANTS.—If, at the time an alien files a 
petition for classification through a regional center under 
section 203(b)(5), approval of the petition would make a 
visa immediately available to the alien beneficiary, the 
VerDate Aug 31 2005 
20:48 Dec 27, 2007
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4890.IH
H4890
rwilkins on PROD1PC63 with BILLS
alien beneficiary’s application for adjustment of status 
shall be considered properly filed whether submitted con-
currently with, or subsequent to, such petition.’’. 
SEC. 5. REGIONAL CENTER DESIGNATION FEES. 
(a) ESTABLISHMENT OF FEE.—Section 610 of the 
Departments of Commerce, Justice, and State, the Judici-
ary, and Related Agencies Appropriations Act, 1993 (8 
U.S.C. 1153 note) is amended 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 $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)).’’. 
(b) ESTABLISHMENT
OF
ACCOUNT
& USE
OF 
FEES.—Section 286 of the Immigration and Nationality 
Act (8 U.S.C. 1356) is amended by adding at the end the 
following: 
‘‘(w) 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-
VerDate Aug 31 2005 
20:48 Dec 27, 2007
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4890.IH
H4890
rwilkins on PROD1PC63 with BILLS
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 subsections (b) and (e) of section 610 
of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appro-
priations Act, 1993 (8 U.S.C. 1153 note). 
‘‘(2) USE OF FEES.—Fees collected under this 
section shall be available to the Secretary of Home-
land Security solely for the purpose of administra-
tion and operation of the EB–5 immigrant investor 
program.’’. 
(c) EFFECTIVE DATE.—The amendment made by 
this section— 
(1) shall take effect on the date on which regu-
lations are published to carry out this section and 
the amendments made by this section; and 
(2) shall apply to regional center applications 
filed on or after such date. 
Æ 
VerDate Aug 31 2005 
20:48 Dec 27, 2007
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H4890.IH
H4890
rwilkins on PROD1PC63 with BILLS