,i #aadth ,,congress #ast ,session ,h4 ,r4 #faf ,,in ,,the ,,house ,,of ,,representatives ,january #bh1 #bjae ,mr4 ,polis 7for himself 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 #bjae4 #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 2 and 7,b7 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 ,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#d7 ,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 in 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#e7 ,,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 ,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 ,,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 #d4 ,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 #e4 ,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 #f4 ,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 #g4 ,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 #h4 ,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