I 
111TH CONGRESS 
1ST SESSION H. R. 4259 
To facilitate foreign investment by permanently reauthorizing the EB–5 
regional center program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 10, 2009 
Mr. POLIS of Colorado introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To facilitate foreign investment by permanently reauthorizing 
the EB–5 regional center program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Employment Benefit 
Act’’. 
SEC. 2. 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-
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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(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 fol-
lowing: 
‘‘(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-
preneur Regional Center Account’. Notwithstanding 
any other provision of law, there shall be deposited 
as offsetting receipts into the account all fees col-
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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. 
(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. 3. PREMIUM PROCESSING FEE FOR EB–5 IMMIGRANT 
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 
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