[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3370 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3370

  To amend the Immigration and Nationality Act to promote innovation, 
 investment, and research in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2015

 Ms. Lofgren (for herself and Mr. Gutierrez) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
 addition to the Committees on Education and the Workforce and Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to promote innovation, 
 investment, and research in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as--
            (1) the ``Entrepreneurial Businesses Creating Jobs Act of 
        2015''; or
            (2) the ``EB-JOBS Act of 2015''.

           TITLE I--PROMOTING ENTREPRENEURSHIP AND INNOVATION

SEC. 101. ENTREPRENEURS WHO ESTABLISH BUSINESSES AND CREATE JOBS IN THE 
              UNITED STATES.

    (a) Startup Business and Job Creation Visas.--Section 203(b) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended--
            (1) by redesignating paragraph (6) as paragraph (8); and
            (2) by inserting after paragraph (5) the following:
            ``(6) Startup entrepreneurs.--
                    ``(A) In general.--Visas shall be made available, 
                notwithstanding subsection (a)(2) or (d) of section 201 
                or the matter preceding paragraph (1) of this 
                subsection, to qualified immigrants who are described 
                in subparagraph (B) or (C).
                    ``(B) Venture capital-backed start-up 
                entrepreneurs.--An alien is described in this 
                subparagraph if the alien intends to found and actively 
                engage in the management or operations of a new 
                commercial enterprise (which may include any entity 
                formed for the purpose of doing for-profit business) in 
                the United States--
                            ``(i) with respect to which the alien has 
                        completed an investment agreement requiring an 
                        investment in the enterprise in an amount not 
                        less than--
                                    ``(I) $500,000 on the part of--
                                            ``(aa) a qualified venture 
                                        capital fund whose investment 
                                        adviser is a qualified venture 
                                        capital entity;
                                            ``(bb) 1 or more angel 
                                        investors (of which at least 1 
                                        such investor is a qualified 
                                        super angel investor providing 
                                        $100,000 of the required 
                                        investment); or
                                            ``(cc) a qualified business 
                                        entity; or
                                    ``(II) $100,000 through a qualified 
                                seed accelerator; and
                            ``(ii) which will benefit the United States 
                        economy, and, for purposes of this clause a 
                        commercial enterprise shall only be considered 
                        to benefit the United States economy if, during 
                        the 2-year period beginning on the date on 
                        which the alien obtains status pursuant to a 
                        visa issued under this paragraph, it will--
                                    ``(I) create permanent full-time 
                                employment for at least 5 United States 
                                workers;
                                    ``(II) raise not less than an 
                                additional $2,000,000 in capital 
                                investment;
                                    ``(III) generate not less than 
                                $1,000,000 in revenue; or
                                    ``(IV) create permanent full-time 
                                employment for at least 3 United States 
                                workers who are each paid an annual 
                                salary in an amount of not less than 
                                $100,000.
                    ``(C) Self-sponsored startup entrepreneurs.--An 
                alien is described in this subparagraph if--
                            ``(i) the alien has founded and is actively 
                        engaging in the management and operations of a 
                        new commercial enterprise (which may include 
                        any entity formed for the purpose of doing for-
                        profit business) in the United States;
                            ``(ii) the enterprise has created permanent 
                        full-time employment for at least 3 United 
                        States workers; and
                            ``(iii) by not later than the end of the 2-
                        year period beginning on the date on which the 
                        alien obtains status pursuant to a visa issued 
                        under this paragraph the enterprise will create 
                        permanent full-time employment for a total of--
                                    ``(I) at least 10 United States 
                                workers (which total may include the 
                                employment described in clause (ii)); 
                                or
                                    ``(II) at least 7 United States 
                                workers (which may include the 
                                employment described in clause (ii)) 
                                who are each paid an annual salary in 
                                an amount not less than $100,000.
                    ``(D) Inflation adjustment.--Effective for the 
                third fiscal year that begins more than 6 months after 
                the date of the enactment of this paragraph, and every 
                third fiscal year thereafter, the monetary amounts 
                described in subparagraphs (B) and (C) shall be 
                increased by the percentage (if any) by which the 
                Consumer Price Index for the month of June preceding 
                the date on which such increase takes effect exceeds 
                the Consumer Price Index for the same month of the 
                calendar year 3 years prior. An increase described in 
                the preceding sentence shall apply to aliens filing 
                petitions under section 204(a)(1)(H) on or after the 
                date on which the increase takes effect. For purposes 
                of this clause, the term `Consumer Price Index' means 
                the Consumer Price Index for all urban consumers 
                published by the Department of Labor.
                    ``(E) Definitions.--For purposes of this paragraph:
                            ``(i) Permanent full-time employment.--The 
                        term `permanent 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, and which 
                        is expected to last for at least two years. 
                        Such employment may be satisfied on a full-time 
                        equivalent basis by calculating the number of 
                        full-time employees who could have been 
                        employed if the reported number of hours worked 
                        by part-time employees had been worked by full-
                        time employees. Full-time equivalent employment 
                        shall be calculated by dividing the part-time 
                        hours paid by the standard number of hours for 
                        full-time employees.
                            ``(ii) Investment.--The term `investment' 
                        does not include investing any assets acquired, 
                        directly or indirectly, by unlawful means.
                            ``(iii) Investment adviser.--The term 
                        `investment adviser' has the meaning given such 
                        term under section 202(a)(11) of the Investment 
                        Advisers Act of 1940 (15 U.S.C. 80b-2(a)(11)).
                            ``(iv) Qualified business entity.--The term 
                        `qualified business entity' means, with respect 
                        to a qualified immigrant, an entity that--
                                    ``(I) has been operating for a 
                                period beginning on a date that is not 
                                less than 2 years before the date of 
                                the petition for classification under 
                                this paragraph;
                                    ``(II) employs not fewer than 10 
                                United States workers in the United 
                                States; and
                                    ``(III) has employed the alien for 
                                not less than 1 year on the date of the 
                                petition for classification under this 
                                paragraph.
                            ``(v) Qualified seed accelerator.--The term 
                        `qualified seed accelerator' means, with 
                        respect to a qualified immigrant, an entity 
                        that--
                                    ``(I) is based in the United 
                                States;
                                    ``(II) has a majority of ownership 
                                and control that is held by individuals 
                                who are United States citizens or 
                                aliens lawfully admitted to the United 
                                States for permanent residence;
                                    ``(III) has been operating for a 
                                period of at least 2 years before the 
                                date of the petition for classification 
                                under this paragraph; and
                                    ``(IV) before the date of the 
                                petition for classification under this 
                                paragraph, has made at least--
                                            ``(aa) 5 seed investments 
                                        in startup businesses that are 
                                        each valued at not less than 
                                        $100,000,000; or
                                            ``(bb) 20 seed investments 
                                        in startup businesses that are 
                                        together valued at not less 
                                        than $150,000,000.
                            ``(vi) Qualified super angel investor.--The 
                        term `qualified super angel investor' means, 
                        with respect to a qualified immigrant, an 
                        individual who--
                                    ``(I) is an accredited investor (as 
                                defined in section 230.501(a) of title 
                                17, Code of Federal Regulations (as in 
                                effect on April 1, 2010));
                                    ``(II) is a United States citizen 
                                or an alien lawfully admitted to the 
                                United States for permanent residence; 
                                and
                                    ``(III) has made at least--
                                            ``(aa) 2 equity investments 
                                        of not less than $50,000 in 
                                        each of the 3 years before the 
                                        date of the petition for 
                                        classification under this 
                                        paragraph; or
                                            ``(bb) 15 equity 
                                        investments with a total 
                                        investment of not less than 
                                        $250,000 during the 3-year 
                                        period preceding the date of 
                                        the petition for classification 
                                        under this paragraph.
                            ``(vii) Qualified venture capital entity.--
                        The term `qualified venture capital entity' 
                        means, with respect to a qualified immigrant, 
                        an entity that--
                                    ``(I) serves as an investment 
                                adviser to a venture capital fund that 
                                is making an investment under this 
                                paragraph;
                                    ``(II) has its primary office 
                                location or principal place of business 
                                in the United States;
                                    ``(III) has a majority of ownership 
                                and control that is held by individuals 
                                who are United States citizens or 
                                aliens lawfully admitted to the United 
                                States for permanent residence;
                                    ``(IV) has been advising one or 
                                more venture capital funds for a period 
                                of at least 2 years before the date of 
                                the petition for classification under 
                                this paragraph; and
                                    ``(V) advises one or more venture 
                                capital funds that have made at least--
                                            ``(aa) 2 investments of not 
                                        less than $500,000 in each of 
                                        the 2 years before the date of 
                                        the petition for classification 
                                        under this paragraph; or
                                            ``(bb) 15 investments with 
                                        a total investment of not less 
                                        than $3,000,000 during the 3-
                                        year period preceding the date 
                                        of the petition for 
                                        classification under this 
                                        paragraph.
                            ``(viii) Venture capital fund.--The term 
                        `venture capital fund' means an entity--
                                    ``(I) that is classified as a 
                                `venture capital operating company' 
                                under section 2510.3-101(d) of title 
                                29, Code of Federal Regulations (as in 
                                effect on January 1, 2015), or has 
                                management rights in its portfolio 
                                companies to the extent required by 
                                such section if the venture capital 
                                fund were classified as a venture 
                                capital operating company;
                                    ``(II) has capital commitments of 
                                not less than $10,000,000; and
                                    ``(III) in which the majority of 
                                ownership and control of the general 
                                partner or managing members is held by 
                                individuals who are United States 
                                citizens or aliens lawfully admitted to 
                                the United States for permanent 
                                residence.
                            ``(ix) Seed investment.--The term `seed 
                        investment' means an investment in which a seed 
                        accelerator makes an investment into a startup 
                        business that is valued at less than $10 
                        million at the time of the investment in 
                        exchange for at least 4 percent of the equity 
                        in the startup businesses.
                            ``(x) United states worker.--The term 
                        `United States worker' means an employee (other 
                        than the immigrant or the immigrant's spouse, 
                        son, or daughter) who is--
                                    ``(I) a citizen or national of the 
                                United States; or
                                    ``(II) an alien who is lawfully 
                                admitted for permanent residence, is 
                                admitted as a refugee under section 
                                207, is granted asylum under section 
                                208, or is an immigrant otherwise 
                                authorized to be employed in the United 
                                States.
                    ``(F) Delegation of certain eb-6 authority.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security may delegate to the Secretary 
                        of Commerce authority and responsibility for 
                        determinations under sections 203(b)(6) and 
                        216A (with respect to an alien entrepreneur who 
                        obtains status under section 203(b)(6)) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1153(b)(6) and 1186b), including determining 
                        whether an alien has met employment creation 
                        requirements.
                            ``(ii) 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 clause (i), including 
                        regulations governing the eligibility criteria 
                        for obtaining benefits pursuant to this 
                        paragraph.
                            ``(iii) Use of fees.--Adjudication fees 
                        described in section 286(m) of the Immigration 
                        and Nationality Act (8 U.S.C. 1356(m)) shall 
                        remain available until expended to reimburse 
                        the Secretary of Commerce for the costs of any 
                        determinations made by the Secretary of 
                        Commerce under clause (i).
            ``(7) Treaty investors.--Visas shall be made available, 
        notwithstanding subsection (a)(2) or (d) of section 201 or the 
        matter preceding paragraph (1) of this subsection, to qualified 
        immigrants who have been issued a visa or otherwise provided 
        nonimmigrant status under section 101(a)(15)(E)(ii) (not 
        including alien employees of the treaty investor), maintained 
        that status for a minimum of 10 years, and created full-time 
        employment for at least 5 United States workers for a minimum 
        of 10 years.''.
    (b) Procedure for Granting Immigrant Status.--Section 204(a)(1)(H) 
of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) is 
amended by striking ``section 203(b)(5)'' and inserting ``paragraph 
(5), (6), or (7) of section 203(b)''.
    (c) Conditional Permanent Resident Status.--Section 216A of the 
Immigration and Nationality Act (8 U.S.C. 1186b) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A), by striking ``investment'' 
                and inserting ``investment or engagement'';
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) the requisite investment or engagement was 
                not made; or''; and
                    (C) in subparagraph (C), by striking ``section 
                203(b)(5)'' and inserting ``paragraph (5) or (6) of 
                section 203(b), as applicable'';
            (3) in subsection (d)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``the alien'';
                    (B) by amending subparagraph (A) to read as 
                follows:
                    ``(A) the requisite investment or engagement was 
                made; and''; and
                    (C) in subparagraph (B), by striking ``section 
                203(b)(5)'' and inserting ``paragraph (5) or (6) of 
                section 203(b), as applicable''; and
            (4) in subsection (f)--
                    (A) in paragraph (1), by striking ``section 
                203(b)(5)'' and inserting ``paragraph (5) or (6) of 
                section 203(b)''; and
                    (B) in paragraph (3), by striking ``a limited 
                partnership'' and inserting ``any entity formed for the 
                purpose of doing for-profit business''.
    (d) Cap Exemption.--Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)), is amended by adding at the end 
the following:
                    ``(F) Aliens described in paragraph (6) or (7) of 
                section 203(b).''.

SEC. 102. IMMIGRANT ENTREPRENEURS AND INNOVATORS PRESENT IN THE UNITED 
              STATES.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(n) Immigrant Entrepreneurs and Innovators Present in the United 
States.--An alien who is eligible to receive an immigrant visa under 
paragraph (6) or (7) of section 203(b) may adjust status pursuant to 
subsection (a) and notwithstanding paragraph (2), (7), or (8) of 
subsection (c) and paragraphs (6)(A) and (7) of section 212(a), if the 
alien was present in the United States on the date of the enactment of 
the EB-JOBS Act of 2015 and has been continuously present since that 
date.''.

         TITLE II--PROMOTING INVESTMENT IN THE AMERICAN ECONOMY

SEC. 201. EB-5 EMPLOYMENT CREATION INVESTOR PROGRAM.

    (a) Permanent Authorization of EB-5 Employment Creation Regional 
Center Program.--Section 203(b)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)(5)) is amended by adding at the end the 
following:
                    ``(E) Set-aside for employment creation regional 
                centers.--
                            ``(i) In general.--Of the visas otherwise 
                        available under this paragraph, the Secretary 
                        of State, together with the Secretary of 
                        Homeland Security, shall set aside at least 
                        5,000 visas for a program involving regional 
                        centers designated by the Secretary of Homeland 
                        Security, on the basis of a general proposal, 
                        for the promotion of economic growth, including 
                        improved regional productivity, job creation, 
                        or increased domestic capital investment. A 
                        regional center shall have jurisdiction over a 
                        specific geographic area, which shall be 
                        described in the proposal and consistent with 
                        the purpose of concentrating pooled investment 
                        in defined economic zones. The establishment of 
                        a regional center under this subparagraph may 
                        be based on general predictions, contained in 
                        the proposal, concerning the kinds of new 
                        commercial enterprises that will receive 
                        capital from aliens under this paragraph, the 
                        jobs that will be created (directly or 
                        indirectly) as a result of such capital 
                        investments and the other positive economic 
                        effects such capital investments will have.
                            ``(ii) Methodologies.--In determining 
                        compliance with this subparagraph, and 
                        notwithstanding requirements applicable to 
                        investors not involving regional centers, the 
                        Secretary of Homeland Security, in consultation 
                        with the Secretary of Commerce, shall recognize 
                        reasonable methodologies for determining the 
                        number of jobs created by a designated regional 
                        center, including such jobs that are estimated 
                        to have been created indirectly through 
                        revenues generated from increased exports, 
                        improved regional productivity, or increased 
                        domestic capital investment resulting from the 
                        regional center. The Secretary may consider 
                        estimated job creation outside the geographic 
                        boundary of a designated regional center if 
                        such estimate is supported by substantial 
                        evidence and constitutes no more than 50 
                        percent of the overall number of jobs estimated 
                        to be created by such regional center.
                            ``(iii) Preapproval of new commercial 
                        enterprises.--The Secretary of Homeland 
                        Security shall establish a preapproval 
                        procedure that--
                                    ``(I) allows a regional center to 
                                apply to the Secretary for approval of 
                                a particular investment offering 
                                through a new commercial enterprise 
                                before any alien files a petition for 
                                classification under this paragraph by 
                                reason of investment in the new 
                                commercial enterprise;
                                    ``(II) in considering an 
                                application under subclause (I), 
                                requires that the Secretary make final 
                                decisions on all issues under this 
                                paragraph other than those issues 
                                unique to an individual investor in the 
                                new commercial enterprise; and
                                    ``(III) 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 center.
                            ``(iv) Fee for regional center 
                        designation.--In addition to any other fees 
                        authorized by law, the Secretary of Homeland 
                        Security shall impose a fee to apply for 
                        designation as an EB-5 regional center under 
                        this paragraph. Fees collected under this 
                        paragraph shall be deposited in the Treasury in 
                        accordance with section 286(y).
                            ``(v) Site visits.--The Secretary shall 
                        perform site visits on a random basis of not 
                        less than 5 percent of all approved regional 
                        center capital investment projects each fiscal 
                        year.
                    ``(F) Regional center annual statements.--
                            ``(i) In general.--Each regional center 
                        designated under subparagraph (E) shall 
                        annually submit, to the Director of United 
                        States Citizenship and Immigration Services 
                        (referred to in this subparagraph as the 
                        `Director'), in a manner prescribed by the 
                        Secretary of Homeland Security, statements, 
                        including--
                                    ``(I) a description of any pending 
                                litigation or bankruptcy proceedings or 
                                litigation or bankruptcy proceedings 
                                resolved during the preceding fiscal 
                                year, involving the regional center or 
                                an associated commercial enterprise;
                                    ``(II) an accounting of all foreign 
                                investor money invested in the regional 
                                center or its associated commercial 
                                enterprises; and
                                    ``(III) for each associated 
                                commercial enterprise--
                                            ``(aa) an accounting of the 
                                        aggregate capital invested in 
                                        the associated commercial 
                                        enterprise by immigrants under 
                                        subparagraph (E) for each 
                                        capital investment project 
                                        being undertaken by the 
                                        associated commercial 
                                        enterprise;
                                            ``(bb) a description of how 
                                        such capital is being used to 
                                        execute each capital investment 
                                        project in the approved 
                                        business plan;
                                            ``(cc) evidence that 100 
                                        percent of such capital has 
                                        been irrevocably committed to 
                                        each capital investment 
                                        project;
                                            ``(dd) detailed evidence of 
                                        the progress made toward the 
                                        completion of the capital 
                                        investment project;
                                            ``(ee) an accounting of the 
                                        aggregate direct and indirect 
                                        jobs created or preserved;
                                            ``(ff) for all fees 
                                        collected from alien 
                                        entrepreneurs by any party in 
                                        connection with the associated 
                                        commercial enterprise, 
                                        including administrative, loan 
                                        monitoring, or loan management 
                                        fees--

                                                    ``(AA) a 
                                                description of all fees 
                                                collected;

                                                    ``(BB) a list of 
                                                the entities that 
                                                received such fees; and

                                                    ``(CC) the purpose 
                                                for which such fees 
                                                were collected; and

                                            ``(gg) a certification by 
                                        the regional center that such 
                                        statements are accurate.
                            ``(ii) Associated commercial enterprise.--
                        For purposes of this paragraph, the term 
                        `associated commercial enterprise' means any 
                        for-profit entity that associates with a 
                        regional center and receives, or is established 
                        to receive, capital investment under the 
                        regional center program described in 
                        subparagraph (E).
                            ``(iii) Amendment of annual statements.--If 
                        the Director determines that an annual 
                        statement submitted pursuant to clause (i) is 
                        deficient, the Director may require the 
                        regional center to amend or supplement such 
                        annual statement.
                            ``(iv) Sanctions.--
                                    ``(I) Effect of violation.--If a 
                                regional center fails to submit an 
                                annual statement or if the Director 
                                determines--
                                            ``(aa) that a statement 
                                        submitted pursuant to this 
                                        subparagraph is materially 
                                        inaccurate or insufficient; or
                                            ``(bb) that the regional 
                                        center is conducting itself in 
                                        a manner inconsistent with its 
                                        designation,
                                the Director may sanction the violating 
                                entity or individual under subclause 
                                (II).
                                    ``(II) Authorized sanctions.--The 
                                Director shall establish a graduated 
                                set of sanctions for violations 
                                referred to in subclause (I), 
                                including--
                                            ``(aa) fines equal to not 
                                        more than 5 percent of the 
                                        total capital invested by 
                                        immigrant investors in the 
                                        commercial enterprise, the 
                                        payment of which shall not in 
                                        any circumstance utilize any of 
                                        such alien entrepreneurs' 
                                        capital investment;
                                            ``(bb) temporary suspension 
                                        from participation in the 
                                        program described in 
                                        subparagraph (E), which may be 
                                        lifted by the Director if the 
                                        individual or entity cures the 
                                        alleged violation after being 
                                        provided such an opportunity by 
                                        the Director;
                                            ``(cc) permanent bar from 
                                        program participation for 1 or 
                                        more individuals involved with 
                                        the regional center; and
                                            ``(dd) termination of 
                                        regional center status.
                    ``(G) Bona fides of persons involved with regional 
                centers or associated commercial enterprises.--
                            ``(i) In general.--No person shall be 
                        permitted by any regional center or associated 
                        commercial enterprise to be involved with the 
                        regional center or associated commercial 
                        enterprise if the Secretary of Homeland 
                        Security--
                                    ``(I) determines such person has 
                                been found liable within the previous 5 
                                years for any criminal or civil 
                                violation 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 connection with the 
                                purchase or sale of a security; or
                                    ``(II) knows or has reasonable 
                                cause to believe that the person is 
                                engaged in, has ever been engaged in, 
                                or seeks to engage in any--
                                            ``(aa) illicit trafficking 
                                        in any controlled substance;
                                            ``(bb) activity relating to 
                                        espionage 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 
                                        statute, regulation, or 
                                        Executive order regarding 
                                        foreign financial transactions 
                                        or foreign asset control.
                            ``(ii) Persons involved with a regional 
                        center or associated commercial enterprise.--
                        For the purposes of this paragraph, a person is 
                        considered to be `involved' with a regional 
                        center or an associated commercial enterprise 
                        if he or she is the principal, representative, 
                        administrator, owner, officer, board member, 
                        manager, executive, general partner, fiduciary, 
                        marketer, promoter, director, or other similar 
                        position of substantial authority for the 
                        operations, management, or promotion of the 
                        regional center or associated commercial 
                        enterprise, respectively.
                            ``(iii) Status of regional center 
                        principals.--
                                    ``(I) Lawful status required.--No 
                                person may be directly or indirectly 
                                involved with a regional center unless 
                                the person is a national of the United 
                                States or an individual who has been 
                                lawfully admitted for permanent 
                                residence.
                                    ``(II) Foreign governments.--No 
                                foreign government entity may be 
                                directly or indirectly associated with 
                                the ownership or administration of a 
                                regional center.
                            ``(iv) 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 background checks with 
                        respect to a regional center, and persons 
                        involved in a regional center or associated 
                        commercial enterprise, as described in clause 
                        (i), as the Secretary considers appropriate to 
                        determine whether the regional center or 
                        associated commercial enterprise is in 
                        compliance with clause (i). The Secretary may 
                        require the information and attestations 
                        described in this clause from such regional 
                        center or associated commercial enterprise, and 
                        any person involved in the regional center or 
                        associated commercial enterprise, at any time 
                        on or after the date of the enactment of the 
                        EB-JOBS Act of 2015.
                            ``(v) Certification.--A regional center 
                        must provide a certification on an annual basis 
                        that it remains in compliance with clauses (i) 
                        and (iii).
                            ``(vi) Termination.--The Secretary shall 
                        terminate any regional center from the program 
                        that fails to provide a certification as 
                        required under clause (v). The Secretary may 
                        terminate any regional center from the program 
                        under this paragraph if he or she determines 
                        that--
                                    ``(I) the regional center or 
                                associated commercial enterprise has 
                                violated clause (i);
                                    ``(II) the regional center is in 
                                violation of clause (iii);
                                    ``(III) the regional center or 
                                associated commercial enterprise or any 
                                person involved with the regional 
                                center or associated commercial 
                                enterprise has provided any false 
                                attestation or information under clause 
                                (iv); or
                                    ``(IV) the regional center or 
                                associated commercial enterprise or any 
                                person involved with the regional 
                                center or associated commercial 
                                enterprise fails to provide an 
                                attestation or information requested by 
                                the Secretary under clause (iv).
                    ``(H) 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 center and, 
                        to the best knowledge of the applicant, all 
                        parties to the regional center are in, and will 
                        maintain, compliance with the securities laws 
                        of the United States.
                            ``(ii) Monitoring and supervision.--In 
                        furtherance of the certification described in 
                        clause (i), the regional center shall be 
                        required to monitor and supervise all offers 
                        and sales of securities which are made by 
                        associated commercial enterprises to ensure 
                        compliance with the securities laws of the 
                        United States, and to maintain records, data, 
                        and information relating to all such offers and 
                        sales of securities.
                            ``(iii) Termination or suspension.--The 
                        Secretary shall terminate the designation of 
                        any regional center that does not provide the 
                        certification described in clause (i) on an 
                        annual basis. In addition to any other 
                        authority provided to the Secretary regarding 
                        the regional center program described in 
                        subparagraph (E), the Secretary may, in the 
                        Secretary's unreviewable discretion, suspend or 
                        terminate the designation of any regional 
                        center if he or she determines that the 
                        regional center or any party to the regional 
                        center--
                                    ``(I) is permanently or temporarily 
                                enjoined by order, judgment, or decree 
                                of any court of competent jurisdiction 
                                in connection with the offer, purchase, 
                                or sale of a security;
                                    ``(II) is subject to any final 
                                order of the Securities and Exchange 
                                Commission that--
                                            ``(aa) bars such person 
                                        from association with an entity 
                                        regulated by the Securities and 
                                        Exchange Commission; or
                                            ``(bb) constitutes a final 
                                        order based on violations in 
                                        connection with the offer, 
                                        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 
                                statements made, in the light of the 
                                circumstances under which they were 
                                made, not misleading.
                            ``(iv) Savings provision.--Nothing in this 
                        subparagraph may be construed to impair or 
                        limit the authority of the Securities and 
                        Exchange Commission under the Federal 
                        securities laws.
                            ``(v) Defined term.--For the purpose of 
                        this subparagraph, the term `party to the 
                        regional center' means--
                                    ``(I) the regional center or 
                                associated commercial enterprise;
                                    ``(II) the regional center or 
                                associated commercial enterprise's 
                                owners, officers, directors, managers, 
                                partners, agents, employees, promoters, 
                                and attorneys; and
                                    ``(III) any person in active 
                                concert or participation with the 
                                regional center or associated 
                                commercial enterprise or directly or 
                                indirectly controlling, controlled by, 
                                or under common control with the 
                                regional center or associated 
                                commercial enterprise.
                    ``(I) Fraud, misrepresentation, criminal misuse, 
                and threats to national security.--If the Secretary of 
                Homeland Security determines that participation of the 
                regional center in the program is contrary to the 
                national interest of the United States, poses a threat 
                to national security, or that the regional center or 
                any person involved with the regional center is engaged 
                or seeks to engage in any criminal or civil violation 
                of any law relating to fraud, deceit, 
                misrepresentation, or criminal misuse, the Secretary 
                may--
                            ``(i) deny or revoke an approval of a 
                        regional center designation;
                            ``(ii) terminate an approved regional 
                        center designation;
                            ``(iii) deny or revoke a preapproval under 
                        section 203(b)(5)(E)(iii) of the Immigration 
                        and Nationality Act;
                            ``(iv) deny or revoke a petition seeking 
                        classification of an alien as an alien investor 
                        under this paragraph; or
                            ``(v) deny a petition to remove conditions 
                        under section 216A.
                    ``(J) Delegation of certain eb-5 authority.--
                            ``(i) 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 an alien entrepreneur who 
                        obtains status under section 203(b)(5)) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1153(b)(5) and 1186a), including determining 
                        whether an alien has met employment creation 
                        requirements.
                            ``(ii) 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 clause (i), including 
                        regulations governing the eligibility criteria 
                        for obtaining benefits pursuant to this 
                        subsection.
                            ``(iii) Use of fees.--Adjudication fees 
                        described in section 286(m) of the Immigration 
                        and Nationality Act (8 U.S.C. 1356(m)) shall 
                        remain available until expended to reimburse 
                        the Secretary of Commerce for the costs of any 
                        determinations made by the Secretary of 
                        Commerce under clause (i).''.
    (b) Targeted Employment Areas.--Section 203(b)(5)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(B)) is amended as 
follows:
            (1) Set aside visas.--In clause (i), to read as follows:
                            ``(i)(I) Not less than 2,000 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 (A) which 
                        will create employment in an area described in 
                        clause (ii)(I).
                            ``(II) Not less than 4,000 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 (A) which 
                        will create employment in an area described in 
                        clause (ii)(II).
                            ``(III) Not less than 2,000 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 (A) which 
                        will create employment in an area described in 
                        subclause (III), (IV), or (V) of clause (ii).
                            ``(IV) Notwithstanding section 203(b)(1), 
                        any visa number made available by subclause 
                        (I), (II), or (III), and which has not been 
                        used at the end of the fiscal year in which it 
                        was made available, will remain available for 
                        qualified immigrants as described in each 
                        respective subclause.''.
            (2) Targeted employment area defined.--In clause (ii), to 
        read as follows:
                            ``(ii) Targeted employment area defined.--
                        In this paragraph, the term `targeted 
                        employment area' means--
                                    ``(I) a rural area;
                                    ``(II) an area that has experienced 
                                high unemployment (of at least 150 
                                percent of the national average rate) 
                                within the preceding 12 months;
                                    ``(III) a county that has had a 20 
                                percent or more decrease in population 
                                since 1970;
                                    ``(IV) an area that is within the 
                                boundaries established for purposes of 
                                a State or Federal economic development 
                                incentive program, including areas 
                                defined as Enterprise Zones, Renewal 
                                Communities and Empowerment Zones; or
                                    ``(V) an area within the geographic 
                                boundaries of any military installation 
                                closed pursuant to a base closure law 
                                (as defined in section 101(a)(17) of 
                                title 10, United States Code).''.
            (3) Rural area defined.--In clause (iii), by striking 
        ``within a metropolitan statistical area or''.
            (4) Area that has experienced high unemployment defined.--
        By adding after clause (iii) the following:
                            ``(iv) Area that has experienced high 
                        unemployment.--The term `area that has 
                        experienced high unemployment' means an area, 
                        comprising of one or more contiguous census 
                        tracts within one Core Based Statistical Area, 
                        that has an unemployment rate that is at least 
                        150 percent of the national average 
                        unemployment rate, using the most recent census 
                        data available.''.
            (5) Effect of prior determination.--By adding at the end 
        the following:
                            ``(v) Effect of prior determination.--In a 
                        case in which a geographic area is determined 
                        under clause (ii) to be a targeted employment 
                        area, such determination shall remain in effect 
                        during the 5-year period beginning on the date 
                        of the determination for purposes of any alien 
                        seeking a visa reserved under this 
                        subparagraph.''.
    (c) Calculating Job Creation.--Section 203(b)(5)(D) of such Act (8 
U.S.C. 1153(b)(5)(D)) is amended to read as follows:
                    ``(D) Permanent full-time employment.--In this 
                paragraph, the term `permanent 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 and which is expected to last 
                for at least two years. 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 employees. Full-time equivalent employment 
                shall be calculated by dividing the part-time hours 
                paid by the standard number of hours for full-time 
                employees.''.
    (d) Capital.--Section 203(b)(5)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(5)(C)) is amended by adding at the 
end the following:
                            ``(iv) Capital defined.--For purposes of 
                        this paragraph, the term `capital' does not 
                        include any assets acquired, directly or 
                        indirectly, by unlawful means.
                            ``(v) Inflation adjustment.--
                                    ``(I) Initial adjustment.--
                                Effective for the first fiscal year 
                                that begins more than 6 months after 
                                the date of the enactment of this 
                                subclause, the amount specified in the 
                                first sentence of clause (i) shall be 
                                $2,000,000. An increase described in 
                                the preceding sentence shall apply to 
                                aliens filing petitions under section 
                                204(a)(1)(H) on or after the date on 
                                which the increase takes effect, unless 
                                the petition is filed by reason of an 
                                investment in a new commercial 
                                enterprise for which a preapproval 
                                under section 203(b)(5)(E)(iii) was 
                                filed before the date the increase 
                                takes effect.
                                    ``(II) Subsequent adjustments.--The 
                                amount described in subclause (I) (as 
                                of the last increase to such amount) 
                                shall be increased every third year by 
                                the percentage (if any) by which the 
                                Consumer Price Index for the month of 
                                June preceding the date on which such 
                                increase takes effect exceeds the 
                                Consumer Price Index for the same month 
                                of the calendar year 3 years prior. An 
                                increase described in the preceding 
                                sentence shall apply to aliens filing 
                                petitions under section 204(a)(1)(H) on 
                                or after the date on which the increase 
                                takes effect, unless the petition is 
                                filed by reason of an investment in a 
                                new commercial enterprise for which a 
                                preapproval under section 
                                203(b)(5)(E)(iii) was filed before the 
                                date the increase takes effect.
                                    ``(III) Definition.--For purposes 
                                of this clause, the term `Consumer 
                                Price Index' means the Consumer Price 
                                Index for all urban consumers published 
                                by the Department of Labor.''.
    (e) Type of Investment.--Section 203(b)(5)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(5)(A)), is amended as follows:
            (1) Any for-profit entity can be a new commercial 
        enterprise.--In the matter preceding clause (i), by striking 
        ``including a limited partnership'' and inserting ``which may 
        include any entity formed for the purpose of doing for-profit 
        business''.
            (2) Length of investment defined.--In clause (i), by 
        inserting ``and which is expected to remain invested for not 
        less than 2 years'' after ``(C),''.
            (3) Job creation benefits the economy.--By amending clause 
        (ii) to read as follows:
                            ``(ii) which will benefit the United States 
                        economy. A commercial enterprise will only be 
                        considered to benefit the United States economy 
                        if it will create permanent full-time 
                        employment for at least 10 United States 
                        workers. For the purposes of this paragraph, 
                        the term `United States worker' means--
                                    ``(I) an employee (other than the 
                                immigrant or the immigrant's spouse, 
                                son, or daughter) who is a citizen or 
                                national of the United States; or
                                    ``(II) is an alien who is lawfully 
                                admitted for permanent residence, is 
                                admitted as a refugee under section 
                                207, is granted asylum under section 
                                208, or is otherwise authorized to be 
                                employed in the United States.''.
    (f) Extension.--Subparagraph (A) of section 216A(d)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1186b(d)(2)(A)) is amended by 
adding at the end the following: ``The fourth anniversary shall be 
substituted for the second anniversary in applying the preceding 
sentence if the petitioner provides an explanation for the delay in 
filing the petition that is based on circumstances outside of the 
petitioner's control, and demonstrates that such circumstances will be 
able to be resolved by the fourth anniversary.''.
    (g) Study.--
            (1) In general.--The Secretary of Homeland Security, in 
        appropriate consultation with the Secretary of Commerce and 
        other interested parties, shall conduct a study concerning--
                    (A) current job creation counting methodology and 
                initial projections under section 203(b)(5) of the 
                Immigration and Nationality Act (8 U.S.C. 1153(b)(5)); 
                and
                    (B) how to best promote the employment creation 
                program described in such section overseas to potential 
                immigrant investors.
            (2) Report.--The Secretary of Homeland Security shall 
        submit a report to the Committee on the Judiciary of the House 
        of Representatives and the Committee on the Judiciary of the 
        Senate not later than 1 year after the date of the enactment of 
        this Act containing the results of the study conducted under 
        paragraph (1).
    (h) Annual Site Visit Report.--Beginning on the date that is one 
year after the enactment of this Act, and every year thereafter, the 
Secretary of Homeland Security shall submit a report to the Committee 
on the Judiciary of the House of Representatives and the Committee on 
the Judiciary of the Senate on the site visits conducted pursuant to 
section 203(b)(5)(E)(v), including the number and locations of site 
visits conducted and the number and type of sanctions, if any, 
resulting from those site visits.
    (i) Biennial Report.--Beginning on the date that is one year after 
the date of the enactment of this Act, and every 2 years thereafter, 
the Secretary of Homeland Security shall submit a report to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate that measures the economic 
impact of the regional center program described in section 203(b)(5)(E) 
of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(E)), 
including--
            (1) foreign and domestic capital investment;
            (2) the number of jobs directly and indirectly created;
            (3) any other economic benefits related to foreign 
        investment under such program; and
            (4) the number of petitions under such section approved or 
        denied for each regional center.
    (j) Rulemaking.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
prescribe regulations to implement the amendments made by this section.

SEC. 202. CONCURRENT FILING; ADJUSTMENT OF STATUS.

    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 inserting ``(1), (2), 
        (3), (5), (6), or (7)''; and
            (2) by adding at the end the following:
    ``(n) If, at the time a petition is filed under section 204 for 
classification under paragraph (5), (6), or (7) of section 203(b), 
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 concurrently with, or subsequent to, the visa 
petition.''.

SEC. 203. FEES; PREMIUM PROCESSING.

    (a) Establishment of Account; Use of Fees.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356), as amended by this 
Act, is further amended by adding at the end the following:
    ``(y) Immigrant Entrepreneur Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Immigrant Entrepreneur Account'. Notwithstanding any other 
        provision of law, there shall be deposited as offsetting 
        receipts into the account all fees collected in connection with 
        paragraph (5) or (6) of section 203(b) of this Act, section 
        216A of this Act, or section 610(b) of the Departments of 
        Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note).
            ``(2) Use of fees.--Fees collected under this section may 
        only be used by the Secretary of Homeland Security to 
        administer and operate the employment creation program 
        described in paragraph (5) or (6) of section 203(b).''.
    (b) 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 classification under paragraph (5) of section 203(b) and which was 
granted a preapproval under section 203(b)(5)(E)(iii), the Secretary 
shall provide premium processing services for a fee set at $5,000 and 
shall be deposited as offsetting receipts in the Immigrant Entrepreneur 
Account established under subsection (y). The Secretary may adjust this 
fee according to the Consumer Price Index.''.

SEC. 204. CONTINGENT INCREASE IN VISA NUMBER AVAILABILITY.

    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 adding at 
the end the following:
                    ``(K) Increase in visa number availability.--In the 
                event all visas made available under subparagraph (A) 
                have been made available to qualified immigrants in a 
                fiscal year, an additional 10,000 visas shall be made 
                available to qualified immigrants as described in 
                subparagraph (A) for that fiscal year, unless a joint 
                resolution as described below is enacted.
                            ``(i) For purposes of this subparagraph, 
                        the term `joint resolution' means only a joint 
                        resolution introduced in the period beginning 
                        on the date on which all visas made available 
                        under subparagraph (A) have been made available 
                        to qualified immigrants in a fiscal year and 
                        ending 60 days thereafter (excluding days 
                        either House of Congress is adjourned for more 
                        than 3 days during a session of Congress), the 
                        matter after the resolving clause of which is 
                        as follows: `That Congress finds that an 
                        increase in visa number availability for 
                        qualified immigrants under section 203(b)(5) is 
                        not needed and that additional visas provided 
                        in subparagraph (K) of that section will not 
                        take effect.'.
                            ``(ii) A joint resolution described in 
                        clause (i) shall be referred to the Committee 
                        on the Judiciary in each House of Congress.
                            ``(iii) In the Senate, if the Committee on 
                        the Judiciary has not reported such joint 
                        resolution as described in clause (i) (or an 
                        identical joint resolution) at the end of 15 
                        session days after the date of introduction of 
                        the joint resolution, such committee may be 
                        discharged from further consideration of such 
                        joint resolution upon a petition supported in 
                        writing by 30 Members of the Senate, and such 
                        joint resolution shall be placed on the 
                        calendar.
                            ``(iv)(I) In the Senate, when the Committee 
                        on the Judiciary has reported, or when such 
                        committee is discharged (under clause (iii)) 
                        from further consideration of a joint 
                        resolution described in clause (i), it is at 
                        any time thereafter in order (even though a 
                        previous motion to the same effect has been 
                        disagreed to) for a motion to proceed to the 
                        consideration of the joint resolution, and all 
                        points of order against the joint resolution 
                        (and against consideration of the joint 
                        resolution) are waived. The motion is not 
                        subject to amendment, or to a motion to 
                        postpone, or to a motion to proceed to the 
                        consideration of other business. A motion to 
                        reconsider the vote by which the motion is 
                        agreed to or disagreed to shall not be in 
                        order. If a motion to proceed to the 
                        consideration of the joint resolution is agreed 
                        to, the joint resolution shall remain the 
                        unfinished business of the Senate until 
                        disposed of.
                            ``(II) In the Senate, debate on the joint 
                        resolution, and on all debatable motions and 
                        appeals in connection therewith, shall be 
                        limited to not more than 10 hours, which shall 
                        be divided equally between those favoring and 
                        those opposing the joint resolution. A motion 
                        to further limit debate is in order and not 
                        debatable. An amendment to, or a motion to 
                        postpone, or a motion to proceed to the 
                        consideration of other business, or a motion to 
                        recommit the joint resolution is not in order.
                            ``(III) In the Senate, immediately 
                        following the conclusion of the debate on a 
                        joint resolution described in clause (i), and a 
                        single quorum call at the conclusion of the 
                        debate if requested in accordance with the 
                        rules of the Senate, the vote on final passage 
                        of the joint resolution shall occur.
                            ``(IV) Appeals from the decisions of the 
                        Chair relating to the application of the rules 
                        of the Senate to the procedure relating to a 
                        joint resolution described in clause (i) shall 
                        be decided without debate.
                            ``(v) In the House of Representatives, if 
                        the Committee on the Judiciary has not reported 
                        a joint resolution as described in clause (i) 
                        to the House at the end of 15 legislative days 
                        after its introduction, such committee shall be 
                        discharged from further consideration of the 
                        joint resolution, and it shall be placed on the 
                        appropriate calendar. On the second and fourth 
                        Thursdays of each month it shall be in order at 
                        any time for the Speaker to recognize a Member 
                        who favors passage of a joint resolution that 
                        has appeared on the calendar for at least 5 
                        legislative days to call up that joint 
                        resolution for immediate consideration in the 
                        House without intervention of any point of 
                        order. When so called up such joint resolution 
                        shall be considered as read and shall be 
                        debatable for 1 hour equally divided and 
                        controlled by the proponent and an opponent, 
                        and the previous question shall be considered 
                        as ordered to its passage without intervening 
                        motion. It shall not be in order to reconsider 
                        the vote on passage. If a vote on final passage 
                        of the joint resolution has not been taken by 
                        the third Thursday on which the Speaker may 
                        recognize a Member under this subsection, such 
                        vote shall be taken on that day.
                            ``(vi) If, before the passage by one House 
                        of a joint resolution of that House described 
                        in clause (i), that House receives from the 
                        other House a joint resolution described in 
                        clause (i), then the following procedures shall 
                        apply:
                                    ``(I) The joint resolution of the 
                                other House shall not be referred to a 
                                committee.
                                    ``(II) With respect to a joint 
                                resolution described in clause (i) of 
                                the House receiving the joint 
                                resolution--
                                            ``(aa) the procedure in 
                                        that House shall be the same as 
                                        if no joint resolution had been 
                                        received from the other House; 
                                        but
                                            ``(bb) the vote on final 
                                        passage shall be on the joint 
                                        resolution of the other House.
                            ``(vii)(I) In addition to the opportunity 
                        for review otherwise provided under this 
                        subparagraph, in the case that the date on 
                        which all visas made available under 
                        subparagraph (A) have been made available to 
                        qualified immigrants occurs during the period 
                        beginning on the date occurring--
                                    ``(aa) in the case of the Senate, 
                                60 session days; or
                                    ``(bb) in the case of the House of 
                                Representatives, 60 legislative days, 
                                before the date the Congress is 
                                scheduled to adjourn a session of 
                                Congress through the date on which the 
                                same or succeeding Congress first 
                                convenes its next session, clauses (i) 
                                to (vi) shall apply in the succeeding 
                                session of Congress.
                            ``(II) In applying clauses (i) to (vi) for 
                        purposes of such additional review, the date 
                        described under clause (vii) shall be treated 
                        as though such date occurred--
                                    ``(aa) in the case of the Senate, 
                                the 15th session day; or
                                    ``(bb) in the case of the House of 
                                Representatives, the 15th legislative 
                                day, after the succeeding session of 
                                Congress first convenes.''.

 TITLE III--PERMANENT AUTHORIZATION OF CONRAD STATE 30 J-1 VISA WAIVER 
                                PROGRAM

SEC. 301. PERMANENT AUTHORIZATION OF CONRAD STATE 30 J-1 VISA WAIVER 
              PROGRAM.

    Section 220(c) of the Immigration and Nationality Technical 
Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking 
``and before September 30, 2015''.

TITLE IV--REAUTHORIZATION OF THE E-VERIFY PROGRAM AND SPECIAL IMMIGRANT 
                  NONMINISTER RELIGIOUS WORKER PROGRAM

SEC. 401. REAUTHORIZATION OF THE E-VERIFY PROGRAM.

    Section 401(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking 
``September 30, 2015'' and inserting ``September 30, 2020''.

SEC. 402. REAUTHORIZATION OF THE SPECIAL IMMIGRANT NONMINISTER 
              RELIGIOUS WORKER PROGRAM.

    Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(C)(ii)) is amended--
            (1) in subclause (II), by striking ``September 30, 2015'' 
        and inserting ``September 30, 2020''; and
            (2) in subclause (III), by striking ``September 30, 2015'' 
        and inserting ``September 30, 2020''.
                                 <all>