I 
113TH CONGRESS 
2D SESSION 
H. R. 4178 
To amend the Immigration and Nationality Act to provide for reforms to 
the EB–5 immigrant investor program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2014 
Mr. POLIS (for himself, Mr. SALMON, Mr. GARCIA, and Mr. AMODEI) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend the Immigration and Nationality Act to provide 
for reforms to the EB–5 immigrant investor 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 ‘‘American Entrepre-
neurship and Investment Act of 2014’’. 
SEC. 2. THE EB–5 EMPLOYMENT-CREATION IMMIGRANT IN-
VESTOR PROGRAM. 
(a) REFORMING THE EB–5 IMMIGRANT INVESTOR 
PROGRAM.—Section 203(b)(5) of the Immigration and 
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Nationality Act (8 U.S.C. 1153(b)(5)) is amended as fol-
lows: 
(1) TYPE OF INVESTMENT.—In subparagraph 
(A), by inserting ‘‘or similar entity’’ after ‘‘including 
a limited partnership’’. 
(2) TARGETED
EMPLOYMENT
AREA.—In sub-
paragraph (B)— 
(A) by amending clause (i) to read as fol-
lows: 
‘‘(i) IN
GENERAL.—Not fewer than 
5,000 of the visas made available under 
this paragraph in each fiscal year shall be 
reserved for qualified immigrants who in-
vest in a new commercial enterprise de-
scribed in subparagraph (A), which— 
‘‘(I) is investing such capital in a 
targeted employment area; and 
‘‘(II) will create employment in 
such targeted employment area.’’. 
(B) by amending clause (ii) to read as fol-
lows: 
‘‘(ii) TARGETED EMPLOYMENT AREA 
DEFINED.—In this paragraph, the term 
‘targeted employment area’ means, at the 
time of investment— 
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‘‘(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; 
‘‘(III) a county that has had a 
decline in population of 20 percent or 
more since 1970; 
‘‘(IV) 
a 
military 
installation 
closed pursuant to a base closure law 
(as defined in section 101(a)(17) of 
title 10, United States Code); or 
‘‘(V) an area that is within the 
boundaries established for purposes of 
a Federal, State, County, or City eco-
nomic development incentive program, 
including areas defined as Enterprise 
Zones, Renewal Communities and 
Empowerment Zones.’’; 
(C) in clause (iii), by striking ‘‘within a 
metropolitan statistical area or’’; and 
(D) by inserting after clause (iii) the fol-
lowing: 
‘‘(iv) STATE DETERMINATIONS.—In a 
case in which a geographic area is deter-
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mined under clause (ii) to be a targeted 
employment area by a delegated State 
agency, and such a determination has been 
made using acceptable data sources to in-
clude U.S. Census Bureau data (including 
data from the American Community Sur-
vey) and data from the Bureau of Labor 
Statistics (including data from the Local 
Area Unemployment Statistics), The Sec-
retary of Homeland Security or her des-
ignee shall defer to a State’s designation 
as conclusive. 
‘‘(v) EFFECT OF PRIOR DETERMINA-
TION.—In a case in which an area is deter-
mined under clause (ii) to be a targeted 
employment area, such determination shall 
remain in effect during the 2-year period 
beginning on the date of the determination 
for purposes of an alien seeking a visa re-
served under this subparagraph.’’. 
(3) CAPITAL.—In subparagraph (C)— 
(A) in clause (i)— 
(i) by striking ‘‘The Attorney General, 
in consultation with the Secretary of Labor 
and the Secretary of State’’ and inserting 
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‘‘The Secretary of Commerce, in consulta-
tion with the Secretary of Homeland Secu-
rity and Secretary of Labor’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘Unless adjusted by the Secretary 
of Commerce, the amount specified in this 
clause shall automatically adjust, on Janu-
ary 1, 2016, by the percentage change in 
the Consumer Price Index for all urban 
consumers published by the Department of 
Labor during fiscal year 2015, and on 
every fifth subsequent January 1 by the 
cumulative percentage change in the Con-
sumer Price Index during the previous 5 
fiscal years, for any petition filed to clas-
sify an alien under this paragraph on or 
after the date of each automatic adjust-
ment.’’; 
(B) in clause (ii), by striking ‘‘Attorney 
General’’ and inserting ‘‘Secretary of Homeland 
Security’’; 
(C) in clause (iii)(II), by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; and 
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(D) by adding after clause (iii) the fol-
lowing: 
‘‘(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’’. 
(4) CALCULATING JOB CREATION.—By amend-
ing subparagraph (D) to read as follows: 
‘‘(D) FULL-TIME EMPLOYMENT.—Job cre-
ation under this paragraph may consist of em-
ployment measured in full-time equivalents, 
such as intermittent or seasonal employment 
opportunities and construction jobs. A full-time 
employment position is not a requirement for 
indirect job creation. 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 sat-
isfied on a full-time equivalent basis by calcu-
lating the number of full-time employees that 
could have been employed if the reported num-
ber of hours worked by part-time employees had 
been worked by full-time employees. Full-time 
equivalent employment shall be calculated by di-
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viding the part-time hours paid by the standard 
number of hours for full-time employees.’’. 
(5) PERMANENT AUTHORIZATION OF REGIONAL 
CENTER PROGRAM.—By adding after subparagraph 
(D) the following: 
‘‘(E) EMPLOYMENT
CREATION
REGIONAL 
CENTERS.— 
‘‘(i) IN GENERAL.—Visas under this 
paragraph shall be made available to quali-
fied immigrants who participate in a pro-
gram involving a regional center in the 
United States, which has been designated 
by the Secretary of Homeland Security, in 
consultation with the Secretary of Com-
merce, on the basis of a general proposal, 
for the promotion of economic growth, in-
cluding increased exports, improved re-
gional productivity, job creation, and in-
creased domestic capital investment. A re-
gional center shall have jurisdiction over a 
specific geographic area, which shall be de-
scribed in the proposal and consistent with 
the purpose of concentrating pooled invest-
ment in defined economic zones. The es-
tablishment of a regional center under this 
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subparagraph may be based on general 
predictions, contained in the proposal, con-
cerning— 
‘‘(I) the kinds of new commercial 
enterprises that will receive capital 
from aliens; 
‘‘(II) the jobs that will be created 
directly or indirectly as a result of 
such investments; and 
‘‘(III) other positive economic ef-
fects such 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-
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creased domestic capital investment result-
ing from the regional center. 
‘‘(iii) SPECIAL PROCEDURES.— 
‘‘(I) PREAPPROVAL OF NEW COM-
MERCIAL
ENTERPRISES.—The 
Sec-
retary of Homeland Security shall es-
tablish a preapproval procedure for 
commercial enterprises that— 
‘‘(aa) allows a regional cen-
ter or potential regional center to 
apply 
to 
the 
Secretary 
for 
preapproval of a new commercial 
enterprise before any alien files a 
petition for classification under 
this paragraph by reason of in-
vestment in the new commercial 
enterprise; 
‘‘(bb) in considering an ap-
plication under subclause (I)— 
‘‘(AA) allows the appli-
cant to address and cure 
any deficiencies identified by 
the Secretary in the applica-
tion prior to final determina-
tion on the application; and 
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‘‘(BB) requires that the 
Secretary make final deci-
sions on all issues under this 
paragraph other than those 
issues unique to each indi-
vidual investor in the new 
commercial enterprise; and 
‘‘(cc) requires that the Sec-
retary eliminate the need for the 
repeated submission of docu-
mentation that is common to 
multiple petitions for classifica-
tion 
under 
this 
paragraph 
through a regional center. 
‘‘(II) 
DEFERENCE
TO
PRIOR 
RULINGS.—Except in the case of ma-
terial change, fraud, or legal defi-
ciency, the Secretary of Homeland Se-
curity shall give deference to, and not 
revisit, favorable determinations made 
pertaining to a commercial enterprise 
during the adjudication of— 
‘‘(aa) petitions filed by im-
migrants investing in the com-
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mercial enterprise under this sub-
paragraph; or 
‘‘(bb) petitions filed by such 
immigrants under section 216A 
for removal of conditional basis. 
‘‘(iv) PROCESSING TIMES.—The Sec-
retary of Homeland Security shall make 
determinations on a proposal under clause 
(i) or an application under clause (iii) not 
later than 180 days after the date on 
which the proposal or application is filed. 
In the event that additional information or 
documentation is requested by the Sec-
retary, the Secretary shall adjudicate the 
proposal or application not later than 30 
days after the receipt of such information 
or documentation. The filing party shall be 
notified in writing within 30 days of the 
date of filing if the filing does not meet the 
standards for approval. If the filing does 
not meet such standards, the notice shall 
include the reasons therefore and the Sec-
retary shall provide an opportunity for the 
prompt resubmission of a modified filing.’’. 
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(6) PREVENTING
FRAUD
IN
THE
REGIONAL 
CENTER PROGRAM.—In subparagraph (E) (as added 
by paragraph (5)), by inserting after clause (iii) the 
following: 
‘‘(v) BONA FIDES OF REGIONAL CEN-
TER PRINCIPALS.—No person may serve as 
an owner, director or officer of a regional 
center, or hold other positions of sub-
stantive authority for the operations, man-
agement or promotion of a regional center, 
if the Secretary of Homeland Security de-
termines based on substantial evidence 
that the person— 
‘‘(I) has been found liable within 
the previous 5 years for any criminal 
or civil violation of any law relating to 
fraud or deceit; 
‘‘(II) has been found liable at 
any time for any such criminal or civil 
violation if such violation involved— 
‘‘(aa) a criminal conviction 
with a term of imprisonment of 
at least 1 year; or 
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‘‘(bb) any law or agency reg-
ulation in connection with the 
purchase or sale of a security; or 
‘‘(III) is engaged in, has ever 
been engaged in, or seeks to engage in 
any— 
‘‘(aa) terrorist activity (as 
defined in clauses (iii) and (iv) of 
section 212(a)(3)(B)); 
‘‘(bb) activity relating to es-
pionage or sabotage; 
‘‘(cc) illicit trafficking in any 
controlled substance; 
‘‘(dd) activity related to 
money laundering (as described 
in section 1956 or 1957 of title 
18, United States Code); 
‘‘(ee) violation of any stat-
ute, regulation or Executive order 
regarding foreign financial trans-
actions or foreign asset control; 
or 
‘‘(ff) human trafficking or 
any other human rights offense. 
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The Secretary of Homeland Security shall 
require such attestations and information 
(including fingerprints) and shall perform 
such background checks as the Secretary 
in the Secretary’s discretion considers ap-
propriate to determine whether a regional 
center is in compliance with this clause. 
The Secretary may terminate any regional 
center from the program under this section 
if the Secretary determines that the re-
gional center is violation of this clause, the 
regional center fails to provide such attes-
tations and information requested by the 
Secretary under this clause, or the regional 
center or any person described in this 
clause is engaged in fraud, misrepresenta-
tion, criminal misuse, or threats to na-
tional security. The Secretary shall provide 
for procedures for the appeal and review of 
such a termination, and any determina-
tions pertaining to such termination shall 
be subject to review under chapter 7 of 
title 5, United States Code. 
‘‘(vi) FEE
FOR
REGIONAL
CENTER 
DESIGNATION.—In addition to any other 
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fees authorized by law, the Secretary of 
Homeland Security shall impose— 
‘‘(I) a fee to apply for designa-
tion as a regional center under this 
subparagraph; and 
‘‘(II) a fee for preapproval of a 
new commercial enterprise as provided 
under clause (iii)(I).’’. 
(7) EB–5 PETITIONS.—By adding after sub-
paragraph (E) (as amended by paragraph (6)) the 
following: 
‘‘(F) EB–5 PETITIONS.— 
‘‘(i) PROCESSING
TIMES.—The Sec-
retary of Homeland Security shall adju-
dicate a petition filed pursuant to this 
paragraph not later than 180 days after 
the date on which the petition is filed. In 
the event that additional information or 
documentation is requested by the Sec-
retary, the Secretary shall adjudicate the 
petition not later than 30 days after the 
receipt of such information or documenta-
tion. The filing party shall be notified in 
writing within 30 days of the date of filing 
if the filing does not meet the standards 
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for approval. If the filing does not meet 
such standards, the notice shall include the 
reasons therefore and the Secretary shall 
provide an opportunity for the prompt re-
submission of a modified filing. 
‘‘(ii) COMMUNICATIONS
WITH
EB–5 
PETITIONERS.—The Secretary of Home-
land Security shall establish a means by 
which a petitioner for status under this 
paragraph, a petitioner under section 216A 
for removal of conditional basis, who is the 
recipient of a request for additional infor-
mation or documentation, a regional cen-
ter, or a project developer may, prior to 
the deadline to respond to that request, 
communicate directly with U.S. Citizenship 
and Immigration Services to address con-
cerns underlying the request. 
‘‘(iii) 
FRAUD.—The 
Secretary 
of 
Homeland Security, in consultation with 
the Commissioner of the Securities and 
Exchange Commission, shall develop a 
strategy to review securities-related mate-
rials included in any immigration petition 
under this paragraph, or a petition under 
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section 216A for removal of conditional 
basis, when there is evidence of fraud.’’. 
(b) CONFORMING AMENDMENT.—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 repealed. 
SEC. 3. CONDITIONAL PERMANENT RESIDENT STATUS FOR 
IMMIGRANT 
INVESTORS 
AND 
ENTRE-
PRENEURS. 
(a) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204(a)(1)(H) of the Immigration and Na-
tionality Act (8 U.S.C. 1154(a)(1)(H)) is amended by 
striking ‘‘Attorney General’’ and inserting ‘‘Secretary of 
Homeland Security’’. 
(b) CONDITIONAL
PERMANENT
RESIDENT
STA-
TUS.—Section 216A of the Immigration and Nationality 
Act (8 U.S.C. 1186b) is amended— 
(1) by striking ‘‘Attorney General’’ and ‘‘Attor-
ney General’s’’ each place such terms appear, except 
for the reference to the Attorney General in section 
216A(d)(2)(C), and inserting ‘‘Secretary of Home-
land Security’’ and ‘‘Secretary of Homeland Secu-
rity’s’’, respectively; 
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(2) by striking ‘‘the Service’’ each place such 
term appears and inserting ‘‘U.S. Citizenship and 
Immigration Services’’; 
(3) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘in-
vestment’’ and inserting ‘‘investment or engage-
ment’’; and 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B)(i) the requisite investment or engage-
ment was not made or was not sustained 
throughout the period of the alien’s residence in 
the United States; or 
‘‘(ii) the alien was otherwise not con-
forming 
to 
the 
requirements 
of 
section 
203(b)(5), as applicable;’’; 
(4) in subsection (c)(3)(A), by striking ‘‘the’’ 
before ‘‘such filing’’; 
(5) in subsection (d)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘the alien’’; and 
(ii) by amending subparagraph (A) to 
read as follows: 
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‘‘(A) the requisite investment or engage-
ment was made and was sustained throughout 
the period of the alien’s residence in the United 
States; and’’; and 
(B) in paragraph (2)(A), by adding at the 
end the following: ‘‘A date specified by the ap-
plicant (but not later than the fourth anniver-
sary) shall be substituted for the second anni-
versary in applying the preceding sentence if 
the applicant demonstrates that the applicant 
has attempted 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 applicant’s control, 
and demonstrates that such circumstances will 
be able to be resolved within the specified pe-
riod.’’; 
(6) by redesignating subsection (f) as sub-
section (i); 
(7) by adding after subsection (e) the following: 
‘‘(f) AGE DETERMINATION FOR CHILDREN OF ALIEN 
ENTREPRENEURS.—An immigrant admitted under section 
203(d) as a lawful permanent resident on a conditional 
basis as the child of an alien entrepreneur, whose lawful 
permanent resident status on a conditional basis is termi-
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nated under this section, shall continue to be considered 
a child of the alien entrepreneur for the purpose of a sub-
sequent immigrant petition by the alien entrepreneur 
under paragraph (b)(5) if the immigrant remains unmar-
ried and the subsequent petition by the alien entrepreneur 
is filed within 1 year after the termination of lawful per-
manent resident status on a conditional basis. No alien 
shall be considered a child under this paragraph with re-
spect to more than 1 petition filed after the alien’s 21st 
birthday. 
‘‘(g) CONSOLIDATED PETITION.—If an alien entre-
preneur submits a petition under this section, the alien 
spouse and alien child shall be deemed to have timely sub-
mitted such petitions as well. 
‘‘(h) PROCESSING TIME.—The Secretary of Home-
land Security shall adjudicate a petition filed pursuant to 
this paragraph not later than 180 days after the date on 
which the petition is filed. In the event that additional in-
formation or documentation is requested by the Secretary, 
the Secretary shall adjudicate the petition not later than 
30 days after the receipt of such information or docu-
mentation. The filing party shall be notified in writing 
within 30 days of the date of filing if the filing does not 
meet the standards for approval. If the filing does not 
meet such standards, the notice shall include the reasons 
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therefore and the Secretary shall provide an opportunity 
for the prompt resubmission of a modified filing.’’; and 
(8) in subsection (h) (as redesignated by para-
graph (6)), in paragraph (3), by inserting ‘‘or simi-
lar entity’’ before the period. 
(c) CONCURRENT FILING; ADJUSTMENT
OF STA-
TUS.—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), or (5)’’; and 
(2) by adding at the end the following: 
‘‘(n) If, at the time a petition is filed under section 
204 for classification under section 203(b)(5), approval of 
the petition would make a visa immediately available to 
the alien beneficiary, the alien beneficiary’s adjustment 
application under this section shall be considered to be 
properly filed whether the application is submitted concur-
rently with, or subsequent to, the visa petition.’’. 
(d) 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 section 203(b)(5), if the petitioner desires 
a guarantee of a decision on the petition in 60 days or 
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less, the premium processing fee under this subsection 
shall be set at $5,000’’. 
SEC. 
4. 
NATIONAL 
INTEREST 
WAIVERS 
FOR 
ENTRE-
PRENEURS WITH A PROVEN RECORD OF JOB 
CREATION. 
(a) ALIENS WHO ARE MEMBERS OF THE PROFES-
SIONS
HOLDING
ADVANCED
DEGREES.—Section 
203(b)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(1)(B)) is amended— 
(1) by striking ‘‘(B)(i) Subject to clause (ii)’’ 
and inserting the following: 
‘‘(B) NATIONAL INTEREST WAIVERS.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iii)’’; 
(2) in clause (ii)— 
(A) by striking ‘‘(ii)(I) The Attorney Gen-
eral’’ and inserting the following: 
‘‘(ii) PHYSICIANS WORKING IN SHORT-
AGE AREAS OR VETERAN FACILITIES.— 
‘‘(I) IN
GENERAL.—The Sec-
retary of Homeland Security’’; 
(B) in subclause (II), by striking ‘‘(II) No 
permanent resident visa’’ and inserting ‘‘(II) 
PROHIBITION.—No permanent resident visa’’; 
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(C) in subclause (III), by striking ‘‘(III) 
Nothing in this subparagraph’’ and inserting 
the following: ‘‘(III) STATUTORY
CONSTRUC-
TION.—Nothing in this subparagraph’’; and 
(D) in subclause (IV), by striking ‘‘(IV) 
The requirements of’’ and inserting the fol-
lowing: ‘‘(IV) EFFECTIVE DATE.—The require-
ments of’’; and 
(3) by inserting after clause (ii) the following: 
‘‘(iii) ENTREPRENEURS AND JOB CRE-
ATORS.—The Secretary of Homeland Secu-
rity shall grant a national interest waiver 
pursuant to clause (i) on behalf of any 
alien entrepreneur with respect to whom a 
petition for preference classification has 
been filed under subparagraph (A) if— 
‘‘(I) the alien has engaged in a 
new commercial enterprise (including 
a limited partnership or similar enti-
ty) in the United States; and 
‘‘(II) such enterprise has bene-
fitted the United States economy and 
satisfied the employment creation re-
quirements 
described 
in 
section 
204(m).’’. 
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(b) SKILLED
WORKERS
AND
PROFESSIONALS; 
OTHER WORKERS.—Section 203(b) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)) is amended by 
adding at the end the following: 
‘‘(6) NATIONAL INTEREST WAIVER FOR ENTRE-
PRENEURS AND JOB CREATORS.—The Secretary of 
Homeland Security shall waive application of para-
graphs (2)(C) and (3)(B) on behalf of any alien en-
trepreneur with respect to whom a petition for pref-
erence classification has been filed under subpara-
graph (A) if— 
‘‘(A) the alien has engaged in a new com-
mercial enterprise (including a limited partner-
ship or similar entity) in the United States; and 
‘‘(B) such enterprise has benefitted the 
United States economy and satisfied the em-
ployment creation requirements described in 
section 204(m).’’. 
(c) REQUIREMENTS.— 
(1) IN GENERAL.—Section 204 of the Immigra-
tion and Nationality Act (8 U.S.C. 1154) is amend-
ed by adding at the end the following: 
‘‘(m) ENTREPRENEURS AND JOB CREATORS.— 
‘‘(1) JOB CREATION REQUIREMENTS.—For pur-
poses of paragraphs (1)(B)(iii) and (6) of section 
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203(b), a new commercial enterprise shall be deemed 
to have benefitted the United States economy and 
satisfied the employment creation requirements of 
this subsection if the enterprise— 
‘‘(A) has, during the period beginning 4 
years prior to the date that a petition for pref-
erence classification with respect to the alien 
has been filed under subparagraph (A), created 
direct, full-time employment— 
‘‘(i) for not less than 5 United States 
workers; or 
‘‘(ii) in the case of an enterprise in a 
Distressed Area Development Zone, for not 
less than 3 United States workers; and 
‘‘(B) the enterprise has received enough in-
vestment or revenue during the period described 
in subparagraph (A) to support the employment 
creation requirements described in such sub-
paragraph. 
‘‘(2) DEFINITIONS.—For purposes of this sub-
section and paragraphs (1)(B)(iii) and (6) of section 
203(b): 
‘‘(A) 
FULL-TIME
EMPLOYMENT.—The 
term ‘full-time employment’ means employment 
in a position that requires at least 35 hours of 
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service per week at any time, regardless of who 
fills the position. Such employment may be sat-
isfied on a full-time equivalent basis by calcu-
lating the number of full-time employees that 
could have been employed if the reported num-
ber of hours worked by part-time employees had 
been worked by full-time employees. Full-time 
equivalent employment shall be calculated by di-
viding the part-time hours paid by the standard 
number of hours for full-time employees. 
‘‘(B) INVESTMENT
OR
REVENUE.—The 
term ‘investment or revenue’ does not include 
any assets acquired, directly or indirectly, by 
unlawful means. The term ‘investment’ includes 
assets provided by the alien entrepreneur and 
may include assets, including venture capital in-
vestments, provided pursuant to an investment 
agreement with investors who are United States 
citizens or aliens lawfully admitted to the 
United States for permanent residence. 
‘‘(C) UNITED STATES WORKER.—The term 
‘United States worker’ means an employee 
(other than the immigrant or the immigrant’s 
spouse, sons, or daughters) who— 
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‘‘(i) is a citizen or national of the 
United States; or 
‘‘(ii) is an alien who is lawfully admit-
ted for permanent residence, is admitted as 
a refugee under section 207, is granted 
asylum under section 208, or is an immi-
grant otherwise authorized to be employed 
in the United States. 
‘‘(D) DISTRESSED
AREA
DEVELOPMENT 
ZONES.—The term ‘Distressed Area Develop-
ment Zone’ means— 
‘‘(i) a low-income geographic area, as 
such term is defined in section 351 of the 
Small Business Investment Act of 1958 
(15 U.S.C. 689); or 
‘‘(ii) a city or county in the United 
States— 
‘‘(I) that has experienced high 
unemployment (of not less than 150 
percent of the national average, as de-
termined by the Secretary of Labor) 
within the preceding 24 months; or 
‘‘(II) has had a 20 percent or 
more decrease in population since 
1970. 
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‘‘(3) PRIORITY
DATE.—The priority date for 
any alien who is adjusting status from any non-
immigrant 
classification 
described 
in 
section 
101(a)(15) and who receives a national interest 
waiver under paragraph (1)(B)(iii) or (6) of section 
203(b) shall be the date of the first petition or appli-
cation for status under section 101(a)(15) filed with 
respect to that alien.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
204(a)(1)(E) of the Immigration and Nationality 
Act is amended by inserting ‘‘or under paragraph 
(1), (2) or (3) of section 203(b) if such alien is seek-
ing a national interest waiver under paragraph 
(1)(B)(iii) 
or 
(6) 
of 
section 
203(b)’’ 
after 
‘‘203(b)(1)(A)’’. 
SEC. 5. EB–5 VISA REFORMS. 
(a) ALIENS NOT SUBJECT TO DIRECT NUMERICAL 
LIMITATION.—Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by add-
ing at the end the following: 
‘‘(P) Aliens who are the spouse or a child 
of an alien admitted as an employment-based 
immigrant under section 203(b)(5).’’. 
(b) AGE DETERMINATION FOR CHILDREN OF ALIEN 
INVESTORS.—Section 203(h) of the Immigration and Na-
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tionality Act (8 U.S.C. 1153(h)) is amended by adding 
at the end the following: 
‘‘(5) AGE DETERMINATION FOR CHILDREN OF 
ALIEN INVESTORS.—An alien admitted under sub-
section (d) as a lawful permanent resident on a con-
ditional basis as the child of an alien lawfully admit-
ted for permanent residence under subsection (b)(5), 
whose lawful permanent resident status on a condi-
tional basis is terminated under section 216A, shall 
continue to be considered a child of the principal 
alien for the purpose of a subsequent immigrant pe-
tition by such alien under subsection (b)(5) if the 
alien remains unmarried and the subsequent petition 
is filed by the principal alien not later than 1 year 
after the termination of conditional lawful perma-
nent resident status. No alien shall be considered a 
child under this paragraph with respect to more 
than 1 petition filed after the alien’s 21st birth-
day.’’. 
(c) ENHANCED PAY SCALE FOR CERTAIN FEDERAL 
EMPLOYEES ADMINISTERING THE EB–5 PROGRAM.—The 
Secretary may establish, fix the compensation of, and ap-
point individuals to, designated critical administrative, 
technical, and professional positions needed to administer 
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sections 203(b)(5) and 216A of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)(5) and 1186b). 
(d) DELEGATION OF CERTAIN EB–5 AUTHORITY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security may delegate to the Secretary of Commerce 
authority and responsibility for determinations 
under sections 203(b)(5) and 216A (with respect to 
alien entrepreneurs) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)(5) and 1186a), includ-
ing determining whether an alien has met employ-
ment creation requirements. 
(2) REGULATIONS.—The Secretary of Home-
land Security and the Secretary of Commerce may 
each adopt such rules and regulations as are nec-
essary to carry out the delegation authorized under 
paragraph (1), including regulations governing the 
eligibility criteria for obtaining benefits pursuant to 
the amendments made by this section. 
(3) USE OF FEES.—Adjudication fees described 
in section 286(m) of the Immigration and Nation-
ality Act (8 U.S.C. 1356(m)) shall remain available 
until expended to reimburse the Secretary of Com-
merce for the costs of any determinations made by 
the Secretary of Commerce under paragraph (1). 
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(e) CONCURRENT FILING OF EB–5 PETITIONS AND 
APPLICATIONS FOR ADJUSTMENT OF STATUS.—Section 
245 (8 U.S.C. 1255) of the Immigration and Nationality 
Act is amended— 
(1) in subsection (k), in the matter preceding 
paragraph (1), by striking ‘‘or (3)’’ and inserting 
‘‘(3), or (5)’’; and 
(2) by adding at the end the following: 
‘‘(n) At the time a petition is filed for classification 
under section 203(b)(5), if the approval of such petition 
would make a visa immediately available to the alien bene-
ficiary, the alien beneficiary’s application for adjustment 
of status under this section shall be considered to be prop-
erly filed whether the application is submitted concur-
rently with, or subsequent to, the visa petition.’’. 
(f) TECHNICAL AMENDMENT.—Section 203(b)(5) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)), as amended by this Act, is further amended 
by striking ‘‘Attorney General’’ each place it appears and 
inserting ‘‘Secretary of Homeland Security’’. 
SEC. 6. NUMERICAL LIMITATIONS ON INDIVIDUAL FOR-
EIGN STATES. 
(a) NUMERICAL LIMITATION TO ANY SINGLE FOR-
EIGN STATE.—Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) is amended— 
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(1) in the paragraph heading, by striking ‘‘and 
employment-based’’; 
(2) by striking ‘‘(3), (4), and (5),’’ and insert-
ing ‘‘(3) and (4),’’; 
(3) by striking ‘‘subsections (a) and (b) of sec-
tion 203’’ and inserting ‘‘section 203(a)’’; 
(4) by striking ‘‘7’’ and inserting ‘‘15’’; and 
(5) by striking ‘‘such subsections’’ and inserting 
‘‘such section’’. 
(b) CONFORMING AMENDMENTS.—Section 202 of the 
Immigration and Nationality Act (8 U.S.C. 1152) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘both 
subsections (a) and (b) of section 203’’ and in-
serting ‘‘section 203(a)’’; and 
(B) by striking paragraph (5); and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 
If it is determined that the total number of immigrant 
visas made available under section 202(a) to natives of 
any single foreign state or dependent area will exceed the 
numerical limitation specified in subsection (a)(2) in any 
fiscal year, in determining the allotment of immigrant visa 
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numbers to natives under section 203(a), visa numbers 
with respect to natives of that state or area shall be allo-
cated (to the extent practicable and otherwise consistent 
with this section and section 203) in a manner so that, 
except as provided in subsection (a)(4), the proportion of 
the visa numbers made available under each of paragraphs 
(1) through (4) of section 203(a) is equal to the ratio of 
the total number of visas made available under the respec-
tive paragraph to the total number of visas made available 
under section 203(a).’’. 
(c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 
Chinese Student Protection Act of 1992 (8 U.S.C. 1255 
note) is amended— 
(1) in subsection (a), by striking ‘‘subsection 
(e))’’ and inserting ‘‘subsection (d))’’; and 
(2) by striking subsection (d) and redesignating 
subsection (e) as subsection (d). 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 1 year after the date of the 
enactment of this Act. 
SEC. 7. APPLICABILITY OF FOREIGN CORRUPT PRACTICES 
ACT. 
The Foreign Corrupt Practices Act (15 U.S.C. 78a 
et seq.) shall apply to any petition under section 
203(b)(5). 
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SEC. 8. REGULATIONS. 
Not later than 180 days after the effective date of 
this subtitle, the Secretary of Homeland Security shall 
make rules to carry out this Act and the amendments 
made by this Act. 
SEC. 9. CONSULTATION WITH SECRETARY OF COMMERCE. 
The Secretary of Homeland Security may consult 
with the Secretary of Commerce in carrying out this Act 
and the amendments made by this Act. 
SEC. 10. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect beginning on the date that is 6 months after 
the date of enactment of this Act. 
Æ 
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