,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dagh ,,in ,,the ,,house ,,of ,,representatives ,march #f1 #bjad ,mr4 ,polis 7for himself1 ,mr4 ,salmon1 ,mr4 ,garcia1 and ,mr4 ,amodei7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to provide for reforms to the ,,eb-#e immigrant investor program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,entrepreneurship and ,investment ,act of #bjad4 #b4 ,the ,,eb-#e employment-creation immigrant investor program 7a7 ,reforming the ,,eb-#e immigrant investor program ,section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77 is amended as follows3 7#a7 ,type of investment ,in subparagraph 7,a71 by inserting or similar entity after including a limited partnership4 7#b7 ,targeted employment area ,in subparagraph 7,b7-- 7,a7 by amending clause 7i7 to read as follows3 7i7 ,in general ,not fewer than #e1jjj of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial enterprise described in subparagraph 7,a71 which-- 7,i7 is investing such capital in a targeted employment area2 and 7,,ii7 will create employment in such targeted employment area4 4 7,b7 by amending clause 7ii7 to read as follows3 7ii7 ,targeted employment area defined ,in this paragraph1 the term targeted employment area means1 at the time of investment-- 7,i7 a rural area2 7,,ii7 an area that has experienced high unemployment 7of at least #aej percent of the national average rate7 within the preceding #ab months2 7,,iii7 a county that has had a decline in population of #bj percent or more since #aigj2 7,,iv7 a military installation closed pursuant to a base closure law 7as defined in section #aja7;a77#ag7 of title #aj1 ,united ,states ,code72 or 7,v7 an area that is within the boundaries established for purposes of a ,federal1 ,state1 ,county1 or ,city economic development incentive program1 including areas defined as ,enterprise ,zones1 ,renewal ,communities and ,empowerment ,zones4 2 7,c7 in clause 7iii71 by striking within a metropolitan statistical area or2 and 7,d7 by inserting after clause 7iii7 the following3 7iv7 ,state determinations ,in a case in which a geographic area is determined under clause 7ii7 to be a targeted employment area by a delegated ,state agency1 and such a determination has been made using acceptable data sources to include ,u4,s4 ,census ,bureau data 7including data from the ,american ,community ,survey7 and data from the ,bureau of ,labor ,statistics 7including data from the ,local ,area ,unemployment ,statistics71 ,the ,secretary of ,homeland ,security or her designee shall defer to a ,state's designation as conclusive4 7v7 ,effect of prior determination ,in a case in which an area is determined under clause 7ii7 to be a targeted employment area1 such determination shall remain in effect during the #b-year period beginning on the date of the determination for purposes of an alien seeking a visa reserved under this subparagraph4 4 7#c7 ,capital ,in subparagraph 7,c7-- 7,a7 in clause 7i7-- 7i7 by striking ,the ,attorney ,general1 in consultation with the ,secretary of ,labor and the ,secretary of ,state and inserting ,the ,secretary of ,commerce1 in consultation with the ,secretary of ,homeland ,security and ,secretary of ,labor2 and 7ii7 by adding at the end the following3 ,unless adjusted by the ,secretary of ,commerce1 the amount specified in this clause shall automatically adjust1 on ,january #a1 #bjaf1 by the percentage change in the ,consumer ,price ,index for all urban consumers published by the ,department of ,labor during fiscal year #bjae1 and on every fifth subsequent ,january #a by the cumulative percentage change in the ,consumer ,price ,index during the previous #e fiscal years1 for any petition filed to classify an alien under this paragraph on or after the date of each automatic adjustment42 7,b7 in clause 7ii71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7,c7 in clause 7iii77,,ii71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,d7 by adding after clause 7iii7 the following3 7iv7 ,capital defined ,for purposes of this paragraph1 the term capital does not include any assets acquired1 directly or indirectly1 by unlawful means 4 7#d7 ,calculating job creation ,by amending subparagraph 7,d7 to read as follows3 7,d7 ,full-time employment ,job creation under this paragraph may consist of employment measured in full-time equivalents1 such as intermittent or seasonal employment opportunities and construction jobs4 ,a full-time employment position is not a requirement for indirect job creation4 ,in this paragraph1 the term full-time employment means employment in a position that requires at least #ce hours of service per week at any time1 regardless of who fills the position4 ,such employment may be satisfied on a full-time equivalent basis by calculating the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees4 ,full-time equivalent employment shall be calculated by dividing the part-time hours paid by the standard number of hours for full-time employees4 4 7#e7 ,permanent authorization of regional center program ,by adding after subparagraph 7,d7 the following3 7,e7 ,employment creation regional centers 7i7 ,in general ,visas under this paragraph shall be made available to qualified immigrants who participate in a program involving a regional center in the ,united ,states1 which has been designated by the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,commerce1 on the basis of a general proposal1 for the promotion of economic growth1 including increased exports1 improved regional productivity1 job creation1 and increased domestic capital investment4 ,a regional center shall have jurisdiction over a specific geographic area1 which shall be described in the proposal and consistent with the purpose of concentrating pooled investment in defined economic zones4 ,the establishment of a regional center under this subparagraph may be based on general predictions1 contained in the proposal1 concerning-- 7,i7 the kinds of new commercial enterprises that will receive capital from aliens2 7,,ii7 the jobs that will be created directly or indirectly as a result of such investments2 and 7,,iii7 other positive economic effects such investments will have4 7ii7 ,methodologies ,in determining compliance with this subparagraph1 and notwithstanding requirements applicable to investors not involving regional centers1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,commerce1 shall recognize reasonable methodologies for determining the number of jobs created by a designated regional center1 including such jobs that are estimated to have been created indirectly through revenues generated from increased exports1 improved regional productivity1 or increased domestic capital investment resulting from the regional center4 7iii7 ,special procedures 7,i7 ,preapproval of new commercial enterprises ,the ,secretary of ,homeland ,security shall establish a preapproval procedure for commercial enterprises that-- 7aa7 allows a regional center 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 investment in the new commercial enterprise2 7bb7 in considering an application under subclause 7,i7-- 7,,aa7 allows the applicant to address and cure any deficiencies identified by the ,secretary in the application prior to final determination on the application2 and 7,,bb7 requires that the ,secretary make final decisions on all issues under this paragraph other than those issues unique to each individual investor in the new commercial enterprise2 and 7cc7 requires that the ,secretary eliminate the need for the repeated submission of documentation that is common to multiple petitions for classification under this paragraph through a regional center4 7,,ii7 ,deference to prior rulings ,except in the case of material change1 fraud1 or legal deficiency1 the ,secretary of ,homeland ,security shall give deference to1 and not revisit1 favorable determinations made pertaining to a commercial enterprise during the adjudication of-- 7aa7 petitions filed by immigrants investing in the commercial enterprise under this subparagraph2 or 7bb7 petitions filed by such immigrants under section #baf;,a for removal of conditional basis4 7iv7 ,processing times ,the ,secretary of ,homeland ,security shall make determinations on a proposal under clause 7i7 or an application under clause 7iii7 not later than #ahj days after the date on which the proposal or application is filed4 ,in the event that additional information or documentation is requested by the ,secretary1 the ,secretary shall adjudicate the proposal or application not later than #cj days after the receipt of such information or documentation4 ,the filing party shall be notified in writing within #cj days of the date of filing if the filing does not meet the standards for approval4 ,if the filing does not meet such standards1 the notice shall include the reasons therefore and the ,secretary shall provide an opportunity for the prompt resubmission of a modified filing4 4 7#f7 ,preventing fraud in the regional center program ,in subparagraph 7,e7 7as added by paragraph 7#e771 by inserting after clause 7iii7 the following3 7v7 ,bona fides of regional center principals ,no person may serve as an owner1 director or officer of a regional center1 or hold other positions of substantive authority for the operations1 management or promotion of a regional center1 if the ,secretary of ,homeland ,security determines based on substantial evidence that the person-- 7,i7 has been found liable within the previous #e years for any criminal or civil violation of any law relating to fraud or deceit2 7,,ii7 has been found liable at any time for any such criminal or civil violation if such violation involved-- 7aa7 a criminal conviction with a term of imprisonment of at least #a year2 or 7bb7 any law or agency regulation in connection with the purchase or sale of a security2 or 7,,iii7 is engaged in1 has ever been engaged in1 or seeks to engage in any-- 7aa7 terrorist activity 7as defined in clauses 7iii7 and 7iv7 of section #bab7;a77#c77;,b772 7bb7 activity relating to espionage or sabotage2 7cc7 illicit trafficking in any controlled substance2 7dd7 activity related to money laundering 7as described in section #aief or #aieg of title #ah1 ,united ,states ,code72 7ee7 violation of any statute1 regulation or ,executive order regarding foreign financial transactions or foreign asset control2 or 7ff7 human trafficking or any other human rights offense4 ,the ,secretary of ,homeland ,security shall require such attestations and information 7including fingerprints7 and shall perform such background checks as the ,secretary in the ,secretary's discretion considers appropriate to determine whether a regional center is in compliance with this clause4 ,the ,secretary may terminate any regional center from the program under this section if the ,secretary determines that the regional center is violation of this clause1 the regional center fails to provide such attestations and information requested by the ,secretary under this clause1 or the regional center or any person described in this clause is engaged in fraud1 misrepresentation1 criminal misuse1 or threats to national security4 ,the ,secretary shall provide for procedures for the appeal and review of such a termination1 and any determinations pertaining to such termination shall be subject to review under chapter #g of title #e1 ,united ,states ,code4 7vi7 ,fee for regional center designation ,in addition to any other fees authorized by law1 the ,secretary of ,homeland ,security shall impose-- 7,i7 a fee to apply for designation as a regional center under this subparagraph2 and 7,,ii7 a fee for preapproval of a new commercial enterprise as provided under clause 7iii77,i74 4 7#g7 ,,eb-#e petitions ,by adding after subparagraph 7,e7 7as amended by paragraph 7#f77 the following3 7,f7 ,,eb-#e petitions 7i7 ,processing times ,the ,secretary of ,homeland ,security shall adjudicate a petition filed pursuant to this paragraph not later than #ahj days after the date on which the petition is filed4 ,in the event that additional information or documentation is requested by the ,secretary1 the ,secretary shall adjudicate the petition not later than #cj days after the receipt of such information or documentation4 ,the filing party shall be notified in writing within #cj days of the date of filing if the filing does not meet the standards for approval4 ,if the filing does not meet such standards1 the notice shall include the reasons therefore and the ,secretary shall provide an opportunity for the prompt resubmission of a modified filing4 7ii7 ,communications with eb-#e petitioners ,the ,secretary of ,homeland ,security shall establish a means by which a petitioner for status under this paragraph1 a petitioner under section #baf;,a for removal of conditional basis1 who is the recipient of a request for additional information or documentation1 a regional center1 or a project developer may1 prior to the deadline to respond to that request1 communicate directly with ,u4,s4 ,citizenship and ,immigration ,services to address concerns underlying the request4 7iii7 ,fraud ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of the ,securities and ,exchange ,commission1 shall develop a strategy to review securities-related materials included in any immigration petition under this paragraph1 or a petition under section #baf;,a for removal of conditional basis1 when there is evidence of fraud4 4 7b7 ,conforming amendment ,section #faj of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiic 7#h ,u4,s4,c4 #aaec note7 is repealed4 #c4 ,conditional permanent resident status for immigrant investors and entrepreneurs 7a7 ,procedure for granting immigrant status ,section #bjd7;a77#a77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,h77 is amended by striking ,attorney ,general and inserting ,secretary of ,homeland ,security4 7b7 ,conditional permanent resident status ,section #baf;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahf;b7 is amended-- 7#a7 by striking ,attorney ,general and ,attorney ,general's each place such terms appear1 except for the reference to the ,attorney ,general in section #baf;,a7d77#b77;,c71 and inserting ,secretary of ,homeland ,security and ,secretary of ,homeland ,security's1 respectively2 7#b7 by striking the ,service each place such term appears and inserting ,u4,s4 ,citizenship and ,immigration ,services2 7#c7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,a71 by striking investment and inserting investment or engagement2 and 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 7i7 the requisite investment or engagement was not made or was not sustained throughout the period of the alien's residence in the ,united ,states2 or 7ii7 the alien was otherwise not conforming to the requirements of section #bjc7;b77#e71 as applicable2 2 7#d7 in subsection 7c77#c77;,a71 by striking the before such filing2 7#e7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the alien2 and 7ii7 by amending subparagraph 7,a7 to read as follows3 7,a7 the requisite investment or engagement was made and was sustained throughout the period of the alien's residence in the ,united ,states2 and 2 and 7,b7 in paragraph 7#b77;,a71 by adding at the end the following3 ,a date specified by the applicant 7but not later than the fourth anniversary7 shall be substituted for the second anniversary in applying the preceding sentence if the applicant demonstrates that the applicant has attempted to follow the applicant's business model in good faith1 provides an explanation for the delay in filing the petition that is based on circumstances outside of the applicant's control1 and demonstrates that such circumstances will be able to be resolved within the specified period42 7#f7 by redesignating subsection 7f7 as subsection 7i72 7#g7 by adding after subsection 7e7 the following3 7f7 ,age determination for children of alien entrepreneurs ,an immigrant admitted under section #bjc7;d7 as a lawful permanent resident on a conditional basis as the child of an alien entrepreneur1 whose lawful permanent resident status on a conditional basis is terminated under this section1 shall continue to be considered a child of the alien entrepreneur for the purpose of a subsequent immigrant petition by the alien entrepreneur under paragraph 7b77#e7 if the immigrant remains unmarried and the subsequent petition by the alien entrepreneur is filed within #a year after the termination of lawful permanent resident status on a conditional basis4 ,no alien shall be considered a child under this paragraph with respect to more than #a petition filed after the alien's #bast birthday4 7g7 ,consolidated petition ,if an alien entrepreneur submits a petition under this section1 the alien spouse and alien child shall be deemed to have timely submitted such petitions as well4 7h7 ,processing time ,the ,secretary of ,homeland ,security shall adjudicate a petition filed pursuant to this paragraph not later than #ahj days after the date on which the petition is filed4 ,in the event that additional information or documentation is requested by the ,secretary1 the ,secretary shall adjudicate the petition not later than #cj days after the receipt of such information or documentation4 ,the filing party shall be notified in writing within #cj days of the date of filing if the filing does not meet the standards for approval4 ,if the filing does not meet such standards1 the notice shall include the reasons therefore and the ,secretary shall provide an opportunity for the prompt resubmission of a modified filing4 2 and 7#h7 in subsection 7h7 7as redesignated by paragraph 7#f771 in paragraph 7#c71 by inserting or similar entity before the period4 7c7 ,concurrent filing2 adjustment of status ,section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 is amended-- 7#a7 in subsection 7k71 in the matter preceding paragraph 7#a71 by striking 7#a71 7#b71 or 7#c7 and inserting 7#a71 7#b71 7#c71 or 7#e72 and 7#b7 by adding at the end the following3 7n7 ,if1 at the time a petition is filed under section #bjd for classification under section #bjc7;b77#e71 approval of the petition would make a visa immediately available to the alien beneficiary1 the alien beneficiary's adjustment application under this section shall be considered to be properly filed whether the application is submitted concurrently with1 or subsequent to1 the visa petition4 4 7d7 ,premium processing ,section #bhf7u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7u77 is amended by adding at the end the following3 ,in the case of a petition filed under section #bjd7;a77#a77;,h7 for classification under section #bjc7;b77#e71 if the petitioner desires a guarantee of a decision on the petition in #fj days or less1 the premium processing fee under this subsection shall be set at #e1jjj4 #d4 ,national interest waivers for entrepreneurs with a proven record of job creation 7a7 ,aliens who are members of the professions holding advanced degrees ,section #bjc7;b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#a77;,b77 is amended-- 7#a7 by striking 7,b77i7 ,subject to clause 7ii7 and inserting the following3 7,b7 ,national interest waivers 7i7 ,in general ,subject to clauses 7ii7 and 7iii7 2 7#b7 in clause 7ii7-- 7,a7 by striking 7ii77,i7 ,the ,attorney ,general and inserting the following3 7ii7 ,physicians working in shortage areas or veteran facilities 7,i7 ,in general ,the ,secretary of ,homeland ,security 2 7,b7 in subclause 7,,ii71 by striking 7,,ii7 ,no permanent resident visa and inserting 7,,ii7 ,prohibition4--,no permanent resident visa2 7,c7 in subclause 7,,iii71 by striking 7,,iii7 ,nothing in this subparagraph and inserting the following3 7,,iii7 ,statutory construction4--,nothing in this subparagraph2 and 7,d7 in subclause 7,,iv71 by striking 7,,iv7 ,the requirements of and inserting the following3 7,,iv7 ,effective date4--,the requirements of2 and 7#c7 by inserting after clause 7ii7 the following3 7iii7 ,entrepreneurs and job creators ,the ,secretary of ,homeland ,security shall grant a national interest waiver pursuant to clause 7i7 on behalf of any alien entrepreneur with respect to whom a petition for preference classification has been filed under subparagraph 7,a7 if-- 7,i7 the alien has engaged in a new commercial enterprise 7including a limited partnership or similar entity7 in the ,united ,states2 and 7,,ii7 such enterprise has benefitted the ,united ,states economy and satisfied the employment creation requirements described in section #bjd7m74 4 7b7 ,skilled workers and professionals2 other workers ,section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 is amended by adding at the end the following3 7#f7 ,national interest waiver for entrepreneurs and job creators ,the ,secretary of ,homeland ,security shall waive application of paragraphs 7#b77;,c7 and 7#c77;,b7 on behalf of any alien entrepreneur with respect to whom a petition for preference classification has been filed under subparagraph 7,a7 if-- 7,a7 the alien has engaged in a new commercial enterprise 7including a limited partnership or similar entity7 in the ,united ,states2 and 7,b7 such enterprise has benefitted the ,united ,states economy and satisfied the employment creation requirements described in section #bjd7m74 4 7c7 ,requirements 7#a7 ,in general ,section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 is amended by adding at the end the following3 7m7 ,entrepreneurs and job creators 7#a7 ,job creation requirements ,for purposes of paragraphs 7#a77;,b77iii7 and 7#f7 of section #bjc7;b71 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-- 7,a7 has1 during the period beginning #d years prior to the date that a petition for preference classification with respect to the alien has been filed under subparagraph 7,a71 created direct1 full-time employment-- 7i7 for not less than #e ,united ,states workers2 or 7ii7 in the case of an enterprise in a ,distressed ,area ,development ,zone1 for not less than #c ,united ,states workers2 and 7,b7 the enterprise has received enough investment or revenue during the period described in subparagraph 7,a7 to support the employment creation requirements described in such subparagraph4 7#b7 ,definitions ,for purposes of this subsection and paragraphs 7#a77;,b77iii7 and 7#f7 of section #bjc7;b73 7,a7 ,full-time employment ,the term full-time employment means employment in a position that requires at least #ce hours of service per week at any time1 regardless of who fills the position4 ,such employment may be satisfied on a full-time equivalent basis by calculating the number of full-time employees that could have been employed if the reported number of hours worked by part-time employees had been worked by full-time employees4 ,full-time equivalent employment shall be calculated by dividing the part-time hours paid by the standard number of hours for full-time employees4 7,b7 ,investment or revenue ,the term investment or revenue does not include any assets acquired1 directly or indirectly1 by unlawful means4 ,the term investment includes assets provided by the alien entrepreneur and may include assets1 including venture capital investments1 provided pursuant to an investment agreement with investors who are ,united ,states citizens or aliens lawfully admitted to the ,united ,states for permanent residence4 7,c7 ,united states worker ,the term ,united ,states worker means an employee 7other than the immigrant or the immigrant's spouse1 sons1 or daughters7 who-- 7i7 is a citizen or national of the ,united ,states2 or 7ii7 is an alien who is lawfully admitted for permanent residence1 is admitted as a refugee under section #bjg1 is granted asylum under section #bjh1 or is an immigrant otherwise authorized to be employed in the ,united ,states4 7,d7 ,distressed area development zones ,the term ,distressed ,area ,development ,zone means-- 7i7 a low-income geographic area1 as such term is defined in section #cea of the ,small ,business ,investment ,act of #aieh 7#ae ,u4,s4,c4 #fhi72 or 7ii7 a city or county in the ,united ,states-- 7,i7 that has experienced high unemployment 7of not less than #aej percent of the national average1 as determined by the ,secretary of ,labor7 within the preceding #bd months2 or 7,,ii7 has had a #bj percent or more decrease in population since #aigj4 7#c7 ,priority date ,the priority date for any alien who is adjusting status from any nonimmigrant classification described in section #aja7;a77#ae7 and who receives a national interest waiver under paragraph 7#a77;,b77iii7 or 7#f7 of section #bjc7;b7 shall be the date of the first petition or application for status under section #aja7;a77#ae7 filed with respect to that alien4 4 7#b7 ,conforming amendment ,section #bjd7;a77#a77;,e7 of the ,immigration and ,nationality ,act is amended by inserting or under paragraph 7#a71 7#b7 or 7#c7 of section #bjc7;b7 if such alien is seeking a national interest waiver under paragraph 7#a77;,b77iii7 or 7#f7 of section #bjc7;b7 after #bjc7;b77#a77;,a74 #e4 ,,eb-#e visa reforms 7a7 ,aliens not subject to direct numerical limitation ,section #bja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#a77 is amended by adding at the end the following3 7,p7 ,aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section #bjc7;b77#e74 4 7b7 ,age determination for children of alien investors ,section #bjc7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;h77 is amended by adding at the end the following3 7#e7 ,age determination for children of alien investors ,an alien admitted under subsection 7d7 as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection 7b77#e71 whose lawful permanent resident status on a conditional basis is terminated under section #baf;,a1 shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection 7b77#e7 if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than #a year after the termination of conditional lawful permanent resident status4 ,no alien shall be considered a child under this paragraph with respect to more than #a petition filed after the alien's #bast birthday4 4 7c7 ,enhanced pay scale for certain federal employees administering the ,,eb-#e program ,the ,secretary may establish1 fix the compensation of1 and appoint individuals to1 designated critical administrative1 technical1 and professional positions needed to administer sections #bjc7;b77#e7 and #baf;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e7 and #aahf;b74 7d7 ,delegation of certain ,,eb-#e authority 7#a7 ,in general ,the ,secretary of ,homeland ,security may delegate to the ,secretary of ,commerce authority and responsibility for determinations under sections #bjc7;b77#e7 and #baf;,a 7with respect to alien entrepreneurs7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e7 and #aahf;a71 including determining whether an alien has met employment creation requirements4 7#b7 ,regulations ,the ,secretary of ,homeland ,security and the ,secretary of ,commerce may each adopt such rules and regulations as are necessary to carry out the delegation authorized under paragraph 7#a71 including regulations governing the eligibility criteria for obtaining benefits pursuant to the amendments made by this section4 7#c7 ,use of fees ,adjudication fees described in section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m77 shall remain available until expended to reimburse the ,secretary of ,commerce for the costs of any determinations made by the ,secretary of ,commerce under paragraph 7#a74 7e7 ,concurrent filing of ,,eb-#e petitions and applications for adjustment of status ,section #bde 7#h ,u4,s4,c4 #abee7 of the ,immigration and ,nationality ,act is amended-- 7#a7 in subsection 7k71 in the matter preceding paragraph 7#a71 by striking or 7#c7 and inserting 7#c71 or 7#e72 and 7#b7 by adding at the end the following3 7n7 ,at the time a petition is filed for classification under section #bjc7;b77#e71 if the approval of such petition would make a visa immediately available to the alien beneficiary1 the alien beneficiary's application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with1 or subsequent to1 the visa petition4 4 7f7 ,technical amendment ,section #bjc7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e771 as amended by this ,act1 is further amended by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security4 #f4 ,numerical ,limitations on individual foreign states 7a7 ,numerical limitation to any single foreign state ,section #bjb7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#b77 is amended-- 7#a7 in the paragraph heading1 by striking and employment-based2 7#b7 by striking 7#c71 7#d71 and 7#e71 and inserting 7#c7 and 7#d712 7#c7 by striking subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 7#d7 by striking #g and inserting #ae2 and 7#e7 by striking such subsections and inserting such section4 7b7 ,conforming amendments ,section #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking both subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 and 7,b7 by striking paragraph 7#e72 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,special rules for countries at ceiling ,if it is determined that the total number of immigrant visas made available under section #bjb7;a7 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection 7a77#b7 in any fiscal year1 in determining the allotment of immigrant visa numbers to natives under section #bjc7;a71 visa numbers with respect to natives of that state or area shall be allocated 7to the extent practicable and otherwise consistent with this section and section #bjc7 in a manner so that1 except as provided in subsection 7a77#d71 the proportion of the visa numbers made available under each of paragraphs 7#a7 through 7#d7 of section #bjc7;a7 is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section #bjc7;a74 4 7c7 ,country-,specific offset ,section #b of the ,chinese ,student ,protection ,act of #aiib 7#h ,u4,s4,c4 #abee note7 is amended-- 7#a7 in subsection 7a71 by striking subsection 7e77 and inserting subsection 7d772 and 7#b7 by striking subsection 7d7 and redesignating subsection 7e7 as subsection 7d74 7d7 ,effective date ,the amendments made by this section shall take effect #a year after the date of the enactment of this ,act4 #g4 ,applicability of ,foreign ,corrupt ,practices ,act ,the ,foreign ,corrupt ,practices ,act 7#ae ,u4,s4,c4 #gh;a et seq47 shall apply to any petition under section #bjc7;b77#e74 #h4 ,regulations ,not later than #ahj days after the effective date of this subtitle1 the ,secretary of ,homeland ,security shall make rules to carry out this ,act and the amendments made by this ,act4 #i4 ,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 ,act4 #aj4 ,effective date ,this ,act and the amendments made by this ,act shall take effect beginning on the date that is #f months after the date of enactment of this ,act4