1094 
‘‘(dd) termination of re-
gional center status. 
‘‘(H) BONA FIDES OF PERSONS INVOLVED 
IN REGIONAL CENTERS.— 
‘‘(i) IN GENERAL.—No person shall be 
permitted by any regional center to be in-
volved with the regional center as its prin-
cipal, representative, administrator, owner, 
officer, board member, manager, executive, 
general partner, fiduciary, marketer, pro-
moter, or other similar position of sub-
stantive authority for the operations, man-
agement or promotion of the regional cen-
ter if the Secretary of Homeland Secu-
rity— 
‘‘(I) determines such person has 
been found liable within the previous 
5 years for any criminal or civil viola-
tion of any law relating to fraud or 
deceit, or at any time if such violation 
involved a criminal conviction with a 
term of imprisonment of at least 1 
year or a criminal or civil violation of 
any law or agency regulation in con-
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1095 
nection with the purchase or sale of a 
security; or 
‘‘(II) knows or has reasonable 
cause to believe that the person is en-
gaged in, has ever been engaged in, or 
seeks to engage in any— 
‘‘(aa) illicit trafficking in 
any controlled substance; 
‘‘(bb) activity relating to es-
pionage or sabotage; 
‘‘(cc) 
activity 
related 
to 
money laundering (as described 
in section 1956 or 1957 of title 
18, United States Code); 
‘‘(dd) terrorist activity (as 
defined in clauses (iii) and (iv) of 
section 212(a)(3)(B)); 
‘‘(ee) human trafficking or 
human rights offense; or 
‘‘(ff) violation of any stat-
ute, 
regulation, 
or 
Executive 
Order regarding foreign financial 
transactions or foreign asset con-
trol. 
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1096 
‘‘(ii) INFORMATION
REQUIRED.—The 
Secretary shall require such attestations 
and information, including, the submission 
of fingerprints to the Federal Bureau of 
Investigation, and shall perform such 
criminal record checks and other back-
ground checks with respect to a regional 
center, and persons involved in a regional 
center as described in clause (i), as the 
Secretary considers appropriate to deter-
mine whether the regional center is in com-
pliance with clause (i). The Secretary may 
require the information and attestations 
described in this clause from such regional 
center, and any person involved in the re-
gional center, at any time on or after the 
date of the enactment of the Border Secu-
rity, Economic Opportunity, and Immigra-
tion Modernization Act. 
‘‘(iii) TERMINATION.—The Secretary 
is authorized, in his or her unreviewable 
discretion, to terminate any regional center 
from the program under this paragraph if 
he or she determines that— 
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1097 
‘‘(I) the regional center is in vio-
lation of clause (i); 
‘‘(II) the regional center or any 
person involved with the regional cen-
ter has provided any false attestation 
or information under clause (ii); 
‘‘(III) the regional center or any 
person involved with the regional cen-
ter fails to provide an attestation or 
information requested by the Sec-
retary under clause (ii); or 
‘‘(IV) the regional center or any 
person involved with the regional cen-
ter is engaged in fraud, misrepresen-
tation, criminal misuse, or threats to 
national security. 
‘‘(I) 
REGIONAL
CENTER
COMPLIANCE 
WITH SECURITIES LAWS.— 
‘‘(i) CERTIFICATION REQUIRED.—The 
Secretary of Homeland Security shall not 
approve an application for regional center 
designation or regional center amendment 
that does not certify that the regional cen-
ter and, to the best knowledge of the appli-
cant, all parties to the regional center are 
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1098 
in, and will maintain, compliance with the 
securities laws of the United States. 
‘‘(ii) 
TERMINATION
OR
SUSPEN-
SION.—The Secretary shall terminate the 
designation of any regional center that 
does not provide the certification described 
in subclause (i) on an annual basis. In ad-
dition to any other authority provided to 
the Secretary regarding the regional center 
program described in subparagraph (E), 
the 
Secretary 
may, 
in 
his 
or 
her 
unreviewable discretion, suspend or termi-
nate the designation of any regional center 
if he or she determines that the regional 
center or any party to the regional cen-
ter— 
‘‘(I) is permanently or tempo-
rarily enjoined by order, judgment, or 
decree of any court of competent ju-
risdiction in connection with the pur-
chase or sale of a security; 
‘‘(II) is subject to any final order 
of the Securities and Exchange Com-
mission that— 
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1099 
‘‘(aa) bars such person from 
association with an entity regu-
lated by the Securities and Ex-
change Commission; or 
‘‘(bb) constitutes a final 
order based on violations in con-
nection with the purchase or sale 
of a security; or 
‘‘(III) knowingly submitted or 
caused to be submitted a certification 
described in clause (i) that contained 
an untrue statement of a material fact 
or omitted to state a material fact 
necessary in order to make the state-
ments made, in the light of the cir-
cumstances under which they were 
made, not misleading. 
‘‘(iii) SAVINGS
PROVISION.—Nothing 
in this subparagraph may be construed to 
impair or limit the authority of the Securi-
ties and Exchange Commission under the 
Federal securities laws. 
‘‘(iv) DEFINED TERM.—For the pur-
pose of this subparagraph, the term ‘party 
to the regional center’ shall include the re-
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1100 
gional center, its agents, employees, and 
attorneys, and any persons in active con-
cert or participation with the regional cen-
ter. 
‘‘(J) DENIAL OR REVOCATION.—If the Sec-
retary of Homeland Security determines, in his 
or her unreviewable discretion, that the ap-
proval of a petition, application, or benefit de-
scribed in this subparagraph is contrary to the 
national interest of the United States for rea-
sons relating to fraud, misrepresentation, crimi-
nal misuse, or threats to national security, the 
Secretary may deny or revoke the approval of— 
‘‘(i) a petition seeking classification of 
an alien as an alien investor under this 
paragraph; 
‘‘(ii) a petition to remove conditions 
under section 216A before granting lawful 
permanent resident status or any other pe-
tition, application, or benefit based upon 
the previous or concurrent filing or ap-
proval of a petition for classification of an 
alien under this paragraph; or 
‘‘(iii) an application for designation as 
a regional center.’’. 
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1101 
(c) ASSISTANCE
BY
THE
SECRETARY
OF
COM-
MERCE.— 
(1) IN GENERAL.—The Secretary of Commerce, 
upon the request of the Secretary, shall provide con-
sultation assistance for determining whether— 
(A) a proposed regional center should be 
designated, terminated, or subject to other ad-
judicative action; or 
(B) a petitioner or applicant for a benefit 
under section 203(b)(5) of the Immigration and 
Nationality Act, as amended by subsection (b), 
has met the requirements under such paragraph 
with respect to job creation. 
(2) RULEMAKING.—The Secretary and the Sec-
retary of Commerce may each adopt such rules and 
regulations as are necessary to carry out the con-
sultation process provided for in paragraph (1). 
(3) SAVINGS PROVISION.—Nothing in this sub-
section shall be construed to require consultation 
with the Secretary of Commerce to continue the des-
ignation of a regional center approved before the 
date of the enactment of this Act. 
(d) EFFECTIVE DATE.—The amendments made by 
this section— 
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1102 
(1) shall be effective upon the enactment of this 
Act; and 
(2) shall apply to— 
(A) any application to designate a regional 
center, and any person involved with the re-
gional center, that is pending or approved on or 
after the date of the enactment of this Act; and 
(B) any regional center approved before 
the date of the enactment of this Act, on or 
after a delayed effective date that is 1 year 
after such date of enactment with respect to 
any person involved in the regional center on or 
after such delayed effective date. 
SEC. 4805. CONDITIONAL PERMANENT RESIDENT STATUS 
FOR CERTAIN EMPLOYMENT-BASED IMMI-
GRANTS, SPOUSES, AND CHILDREN. 
(a) IN GENERAL.—Section 216A (8 U.S.C. 1186b) 
is amended to read as follows: 
‘‘SEC. 216A. CONDITIONAL PERMANENT RESIDENT STATUS 
FOR CERTAIN EMPLOYMENT-BASED IMMI-
GRANTS, SPOUSES, AND CHILDREN. 
‘‘(a) IN GENERAL.— 
‘‘(1) CONDITIONAL BASIS FOR STATUS.—Not-
withstanding any other provision of this Act, em-
ployment-based immigrants (as defined in subsection 
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1103 
(f) (1) or (2)), alien spouses, and alien children (as 
defined in subsection (f)(3)) shall be considered, at 
the time of obtaining the status of an alien lawfully 
admitted for permanent residence, to have obtained 
such status on a conditional basis subject to the pro-
visions of this section. 
‘‘(2) NOTICE OF REQUIREMENTS.— 
‘‘(A) AT TIME OF OBTAINING PERMANENT 
RESIDENCE.—At the time an employment-based 
immigrant, alien spouse, or alien child obtains 
permanent resident status on a conditional 
basis under paragraph (1), the Secretary of 
Homeland Security shall provide for notice to 
the alien, spouse, or child respecting the provi-
sions of this section and the requirements of 
subsection (c)(1) to have the conditional basis 
of such status removed. 
‘‘(B) AT TIME OF REQUIRED PETITION.— 
In addition, the Secretary of Homeland Secu-
rity shall attempt to provide notice to an em-
ployment-based immigrant, alien spouse, or 
alien child, at or about the beginning of the 90- 
day period described in subsection (d)(3), of the 
requirements of subsection (c)(1). 
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1104 
‘‘(C) EFFECT
OF
FAILURE
TO
PROVIDE 
NOTICE.—The failure of the Secretary of 
Homeland Security to provide a notice under 
this paragraph shall not affect the enforcement 
of the provisions of this section with respect to 
an employment-based immigrant, alien spouse, 
or alien child. 
‘‘(b) TERMINATION OF STATUS IF FINDING THAT 
QUALIFYING EMPLOYMENT IMPROPER.— 
‘‘(1) ALIEN INVESTOR.—In the case of an alien 
investor with permanent resident status on a condi-
tional basis under subsection (a), if the Secretary of 
Homeland Security determines, before the second 
anniversary of the alien’s obtaining the status of 
lawful admission for permanent residence, that— 
‘‘(A) the investment in the commercial en-
terprise was intended as a means of evading the 
immigration laws of the United States; 
‘‘(B)(i) the alien did not invest, or was not 
actively in the process of investing, the requisite 
capital; or 
‘‘(ii) the alien was not sustaining the ac-
tions described in clause (i) throughout the pe-
riod of the alien’s residence in the United 
States; or 
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1105 
‘‘(C) subject to the exception in subsection 
(d)(4), the alien was otherwise not conforming 
to the requirements under section 203(b)(5), 
the Secretary shall so notify the alien investor and, 
subject to paragraph (3), shall terminate the perma-
nent resident status of the alien (and the alien 
spouse and alien child) involved as of the date of the 
determination. 
‘‘(2) EMPLOYEE OF A FEDERAL NATIONAL SE-
CURITY, SCIENCE, AND TECHNOLOGY LABORATORY, 
CENTER OR AGENCY.—In the case of an employee of 
a Federal national security, science, and technology 
laboratory, center, or agency (as defined pursuant to 
section 203(b)(2)(C)) with permanent resident sta-
tus on a conditional basis under subsection (a), if 
the Secretary of Homeland Security, in consultation 
with the relevant employing department or agency, 
determines, before the first anniversary of the alien’s 
obtaining the status of lawful admission for perma-
nent residence, that— 
‘‘(A) the qualifying employment was in-
tended as a means of evading the immigration 
laws of the United States; 
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1106 
‘‘(B) the alien has not completed or is not 
likely to complete 12 months of qualifying con-
tinuous employment; or 
‘‘(C) the alien did not otherwise conform 
with the requirements of section 203(b)(2), 
the Secretary shall so notify the alien involved and, 
subject to paragraph (3), shall terminate the perma-
nent resident status of the alien (and the alien 
spouse and alien child) involved as of the date of the 
determination. 
‘‘(3) HEARING IN REMOVAL PROCEEDING.—Any 
alien whose permanent resident status is terminated 
under paragraph (1) or (2) may request a review of 
such determination in a proceeding to remove the 
alien. In such proceeding, the burden of proof shall 
be on the Secretary of Homeland Security to estab-
lish, by a preponderance of the evidence, that a con-
dition described in paragraph (1) or (2), as appro-
priate, is met. 
‘‘(c) REQUIREMENTS
OF TIMELY PETITION
AND 
INTERVIEW FOR REMOVAL OF CONDITION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PETITION AND INTERVIEW.—In order 
for the conditional basis established under sub-
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1107 
section (a) for an employment-based immigrant, 
alien spouse, or alien child to be removed— 
‘‘(i) the employment-based immigrant 
shall submit to the Secretary of Homeland 
Security, during the period described in 
subsection (d)(3), a petition which requests 
the removal of such conditional basis and 
which states, under penalty of perjury, the 
facts and information described in para-
graph (1) or (2) of subsection (d), as ap-
propriate; and 
‘‘(ii) in accordance with subsection 
(d)(3), the employment-based immigrant 
must appear for a personal interview be-
fore an officer or employee of U.S. Citizen-
ship and Immigration Services respecting 
such facts and information. 
‘‘(B) 
SEPARATE
PETITION
NOT
RE-
QUIRED.—An alien spouse or alien child shall 
not be required to file separate petitions under 
subparagraph (A)(i) if the employment-based 
immigrant’s petition includes such alien spouse 
or alien child. 
‘‘(C) EFFECT ON SPOUSE OR CHILD.—If 
the alien spouse or alien child obtains perma-
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1108 
nent residence on a conditional basis after the 
employment-based immigrant files a petition 
under subparagraph (A)(i)— 
‘‘(i) the conditional basis of the per-
manent residence of the alien spouse or 
alien child shall be removed upon approval 
of the employment-based immigrant’s peti-
tion under this subsection; 
‘‘(ii) the permanent residence of the 
alien spouse or alien child shall be uncon-
ditional if— 
‘‘(I) the employment-based immi-
grant’s petition is approved before the 
date on which the spouse or child ob-
tains permanent residence; or 
‘‘(II) the employment-based im-
migrant dies after the approval of a 
petition under section 203(b)(5); and 
‘‘(iii) the alien child shall not be 
deemed ineligible for approval under sec-
tion 203(b)(5) or removal of conditions 
under this section if the alien child reaches 
21 years of age during— 
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1109 
‘‘(I) the pendency of the employ-
ment-based 
immigrant’s 
petition 
under section 203(b)(5); or 
‘‘(II) conditional residency under 
such section. 
‘‘(D) ADDITIONAL FEE.—Notwithstanding 
any other provision under this section, the Sec-
retary may require the employment-based immi-
grant to pay an additional fee for a petition 
filed under subparagraph (A)(i) that includes 
the alien’s spouse and child or children. 
‘‘(2) TERMINATION OF PERMANENT RESIDENT 
STATUS FOR FAILURE TO FILE PETITION OR HAVE 
PERSONAL INTERVIEW.— 
‘‘(A) IN GENERAL.—In the case of an alien 
with permanent resident status on a conditional 
basis under subsection (a), if— 
‘‘(i) no petition is filed with respect to 
the alien in accordance with the provisions 
of paragraph (1)(A); or 
‘‘(ii) unless there is good cause shown, 
the employment-based immigrant fails to 
appear at the interview described in para-
graph (1)(B) (if required under subsection 
(d)(4)), 
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1110 
the Secretary of Homeland Security shall termi-
nate the permanent resident status of the alien 
(and the alien’s spouse and children if it was 
obtained on a conditional basis under this sec-
tion or section 216) as of the second anniver-
sary of the alien’s lawful admission for perma-
nent residence. 
‘‘(B) 
HEARING
IN
REMOVAL
PRO-
CEEDING.—In any removal proceeding with re-
spect to an alien whose permanent resident sta-
tus is terminated under subparagraph (A), the 
burden of proof shall be on the alien to estab-
lish compliance with the conditions of para-
graphs (1)(A) and (1)(B). 
‘‘(3) DETERMINATION
AFTER
PETITION
AND 
INTERVIEW.— 
‘‘(A) IN GENERAL.—If— 
‘‘(i) a petition is filed in accordance 
with the provisions of paragraph (1)(A); 
and 
‘‘(ii) the employment-based immigrant 
appears at any interview described in para-
graph (1)(B), 
the Secretary of Homeland Security shall make 
a determination, not later than 90 days after 
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1111 
the date of such filing or interview (whichever 
is later), as to whether the facts and informa-
tion described in paragraph (1) or (2) of sub-
section (d), as appropriate, and alleged in the 
petition are true. 
‘‘(B) REMOVAL OF CONDITIONAL BASIS IF 
FAVORABLE DETERMINATION.— 
‘‘(i) HEADER.—If the Secretary of 
Homeland Security determines with re-
spect to a petition filed by an alien inves-
tor that such facts and information are 
true, the Secretary shall so notify the alien 
investor and shall remove the conditional 
basis of the alien’s status effective as of 
the second anniversary of the alien’s lawful 
admission for permanent residence. 
‘‘(ii) 
REMOVAL
OF
CONDITIONAL 
BASIS FOR EMPLOYEE OF A FEDERAL NA-
TIONAL
SECURITY, SCIENCE, AND
TECH-
NOLOGY LABORATORY, CENTER OR AGEN-
CY.—If the Secretary of Homeland Secu-
rity determines with respect to a petition 
filed by an employee of a Federal national 
security, science, and technology labora-
tory, center, or agency that such facts and 
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1112 
information are true, the Secretary shall so 
notify the alien and shall remove the condi-
tional basis of the alien’s status effective 
as of the first anniversary of the alien’s 
lawful admission for permanent residence. 
‘‘(C) TERMINATION
IF
ADVERSE
DETER-
MINATION.—If the Secretary of Homeland Se-
curity determines that such facts and informa-
tion are not true, the Secretary shall so notify 
the alien involved and, subject to subparagraph 
(D), shall terminate the permanent resident 
status of an employment-based immigrant, alien 
spouse, or alien child as of the date of the de-
termination. 
‘‘(D) 
HEARING
IN
REMOVAL
PRO-
CEEDING.—Any alien whose permanent resident 
status is terminated under subparagraph (C) 
may request a review of such determination in 
a proceeding to remove the alien. In such pro-
ceeding, the burden of proof shall be on the 
Secretary of Homeland Security to establish, by 
a preponderance of the evidence, that the facts 
and information described in subsection (d)(1) 
and alleged in the petition are not true. 
‘‘(d) DETAILS OF PETITION AND INTERVIEW.— 
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1113 
‘‘(1) CONTENTS OF PETITION BY ALIEN INVES-
TOR.—Each petition filed by an alien investor under 
section (c)(1)(A) shall contain facts and information 
demonstrating that the alien— 
‘‘(A)(i) invested, or is actively in the proc-
ess of investing, the requisite capital; and 
‘‘(ii) sustained the actions described in 
clause (i) throughout the period of the alien’s 
residence in the United States; and 
‘‘(B) except as provided in paragraph (4), 
is otherwise conforming to the requirements 
under section 203(b)(5). 
‘‘(2) CONTENTS OF PETITION BY EMPLOYEE OF 
A
FEDERAL
NATIONAL
SECURITY, SCIENCE, AND 
TECHNOLOGY LABORATORY, CENTER, OR AGENCY.— 
Each petition under subsection (c)(1)(A) filed by an 
employee of a Federal national security, science, and 
technology laboratory, center, or agency shall con-
tain facts and information demonstrating that the 
alien is conforming to the requirements of section 
203(b)(2). 
‘‘(3) PERIOD FOR FILING PETITION.— 
‘‘(A) 90-DAY
PERIOD
BEFORE
ANNIVER-
SARY.—Except as provided in subparagraph 
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1114 
(B), the petition under subsection (c)(1)(A) 
must be filed as follows: 
‘‘(i) In the case of an alien investor, 
during the 90-day period before the second 
anniversary of the alien’s lawful admission 
for permanent residence. 
‘‘(ii) In the case of an employee of a 
Federal national security, science, and 
technology laboratory, center, or agency, 
during the 90-day period before the first 
anniversary of the alien’s lawful admission 
for permanent residence. 
‘‘(B) LATE
PETITIONS.—Such a petition 
may be considered if filed after such date, but 
only if the alien establishes to the satisfaction 
of the Secretary of Homeland Security good 
cause and extenuating circumstances for failure 
to file the petition during the period described 
in subparagraph (A). 
‘‘(C) FILING OF PETITIONS DURING RE-
MOVAL.—In the case of an alien who is the sub-
ject of removal hearings as a result of failure 
to file a petition on a timely basis in accordance 
with subparagraph (A), the Secretary of Home-
land Security may stay such removal pro-
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1115 
ceedings against an alien pending the filing of 
the petition under subparagraph (B). 
‘‘(4) PERSONAL
INTERVIEW.—The interview 
under subsection (c)(1)(B) shall be conducted within 
90 days after the date of submitting a petition under 
subsection (c)(1)(A) and at a local office of U.S. 
Citizenship and Immigration Services, designated by 
the Secretary of Homeland Security, which is con-
venient to the parties involved. The Secretary, in the 
discretion of the Secretary, may waive the deadline 
for such an interview or the requirement for such an 
interview in such cases as may be appropriate. 
‘‘(5) SPECIAL RULE FOR ALIEN INVESTORS IN 
A
REGIONAL
CENTER.—Each petition under sub-
section (c)(1)(A) filed by an alien investor who in-
vests in accordance with section 203(b)(5)(E) shall 
contain facts and information demonstrating that 
the alien is complying with the requirements under 
section 203(b)(5), except— 
‘‘(A) the alien shall not be subject to the 
requirements under section 203(b)(5)(A)(ii); 
and 
‘‘(B) the petition shall contain the most re-
cent financial statement filed by the regional 
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center in which the alien has invested in accord-
ance with section 203(b)(5)(G). 
‘‘(e) TREATMENT
OF PERIOD
FOR PURPOSES
OF 
NATURALIZATION.—For purposes of title III, in the case 
of an alien who is in the United States as a lawful perma-
nent resident on a conditional basis under this section, the 
alien shall be considered to have been admitted as an alien 
lawfully admitted for permanent residence and to be in 
the United States as an alien lawfully admitted to the 
United States for permanent residence, if the alien has 
had the conditional basis removed pursuant to this section. 
‘‘(f) FRAUD, MISREPRESENTATION, CRIMINAL MIS-
USE, OR THREATS TO THE PUBLIC SAFETY OR NATIONAL 
SECURITY.—If the Secretary of Homeland Security deter-
mines, in his or her sole and unreviewable discretion, that 
the conditional permanent resident status granted to an 
employment-based immigrant under subsection (a), or to 
an alien researcher described in section 203(b)(2)(A)(ii) 
is contrary to the national interest of the United States 
for reasons relating to fraud, misrepresentation, criminal 
misuse, or threats to national security, the Secretary 
shall— 
‘‘(1) notify the immigrant involved of such de-
termination; and 
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program’ means a college, university, or language training 
program that is accredited by an accrediting agency recog-
nized by the Secretary of Education.’’. 
SEC. 4905. OTHER ACADEMIC INSTITUTIONS. 
Section 214(m) (8 U.S.C. 1184(m)) is amended by 
adding at the end the following: 
‘‘(3) The Secretary of Homeland Security shall re-
quire accreditation of an academic institution (except for 
seminaries or other religious institutions) for purposes of 
section 101(a)(15)(F) if— 
‘‘(A) that institution is not already required to 
be accredited under section 101(a)(15)(F)(i); and 
‘‘(B) an appropriate accrediting agency recog-
nized by the Secretary of Education is able to pro-
vide such accreditation. 
‘‘(4) The Secretary of Homeland Security, in the Sec-
retary’s discretion, may waive the accreditation require-
ment in section 101(a)(15)(F)(i) with respect to an ac-
credited college, university, or language training program 
if the academic institution— 
‘‘(A) is otherwise in compliance with the re-
quirements of such section; and 
‘‘(B) is, on the date of the enactment of the Il-
legal Immigration Reform and Immigrant Responsi-
bility Act of 1996, a candidate for accreditation or, 
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