Sec. 104. Employment creation immigrant visas
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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: For purposes of this paragraph, the term capital does not include any assets acquired, directly or indirectly, by unlawful means. . Such section, as amended by paragraph (1), is further amended by adding at the end the following: As of the date of enactment of the SKILLS Visa Act , the amount specified in the first sentence of clause
(i)shall be increased by the percentage (if any) by which the Consumer Price Index for the month preceding such enactment date exceeds the Consumer Price Index for the same month of calendar year 1990. The increase described in the preceding sentence shall apply to aliens filing petitions under section 204(a)(1)(H) on or after such enactment date. Effective for the first fiscal year that begins more than 6 months after the date of the enactment of this clause, and for each fiscal year thereafter, the amount described in subclause
(I)(as of the last increase to such amount) 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 preceding calendar year. 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. . Section 216A(c)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1186b(c)(3)(B) ), is amended to read as follows: Except as provided under clause (ii), if the Secretary of Homeland Security determines that such facts and information are true, including demonstrating that the alien complied with section (d)(1)(B)(i), the Secretary shall so notify the alien involved and shall remove the conditional basis of the alien’s status effective as of the second anniversary of the alien’s lawful admission for permanent residence. If the petition demonstrates that the facts and information are true, including demonstrating that the alien is in compliance with section (d)(1)(B)(ii), then the Secretary of Homeland Security may in the Secretary’s discretion extend the conditional status for an additional year at the end of which— the alien must file a petition within 30 days after the third anniversary of the alien’s lawful admission for permanent residence demonstrating that the alien complied with section (d)(1)(B)(i) and the Secretary shall remove the conditional basis of the alien’s status effective as of such third anniversary; or the conditional status shall terminate. . Section 216A(d)(1) of such Act ( 8 U.S.C. 1186b(d)(1) ) is amended— by striking and at the end of subparagraph (A); by redesignating subparagraph
(B)as subparagraph
(C); and by inserting after subparagraph
(A)the following: created the employment required under section 203(b)(5)(A)(ii); or is actively in the process of creating the employment required under section 203(b)(5)(A)(ii) and will create such employment before the third anniversary of the alien’s lawful admission for permanent residence; and . Section 203(b)(5)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(B)(ii) ) is amended by striking (of at least 150 percent of the national average rate) . Section 203(b)(5)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(B) ) is amended by adding at the end the following: In this paragraph, the term an area which has experienced high unemployment means an area which has an unemployment rate of at least 150 of the national average rate. Such an area must fit entirely within a geographical unit that the Secretary of Labor has determined has an unemployment rate of at least 150 percent of the national average rate (and which determination has not been superseded by a later determination in which the Secretary of Labor has found that the unit did not have an unemployment rate of at least 150 percent of the national average rate). The Secretary of Labor shall set forth a uniform methodology for determining whether an area an area qualifies as having experienced unemployment of at least 150 percent of the national average rate. It shall be within the discretion of the Secretary of Homeland Security to determine whether any particular area has experienced high unemployment for purposes of this paragraph, and the Secretary shall not be bound by the determination of any other governmental or nongovernmental entity that a particular area has experienced high unemployment for purposes of this paragraph. . Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 ( 8 U.S.C. 1153 note) is amended— by striking pilot each place such term appears; and in subsection (b), by striking until September 30, 2015 . Such section 610 is amended by adding at the end the following: No person who— has been convicted of an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) )); would be inadmissible under section 212(a)(3) of such Act ( 8 U.S.C. 1182(a)(3) ) if they were an alien seeking admission; or has been convicted of violating, or found to have violated, a fraud provision of the Federal securities laws (as such term is defined under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)), shall be permitted by any regional center to be involved with the regional center as its principal, representative, administrator, owner, officer, board member, manager, executive, general partner, fiduciary, marketer, promoter, or in other similar position of substantive authority for the operations, management, or promotion of the regional center. The Secretary of Homeland Security shall require such attestations and information (including biometric information), and shall perform such criminal record checks and other background checks with respect to a regional center, and persons involved in a regional center as described in paragraph (1), as the Secretary, in the Secretary’s discretion, considers appropriate to determine whether the regional center is in compliance with paragraph (1). The Secretary is authorized, in the Secretary’s unreviewable discretion, to terminate any regional center from the program under this section if the Secretary determines that— the regional center is in violation of paragraph (1); the regional center, or any person involved with the regional center as described in paragraph (1), has provided any false attestation or information under paragraph (2); or the regional center, or any person involved with the regional center as described in paragraph (1), fails to provide an attestation or information requested by the Secretary under paragraph (2). For the purpose of this subsection, the term regional center shall, in addition to the regional center itself, include any commercial enterprise or job creating enterprise in which a regional center has invested. . Such section 610, as amended by subparagraph (A), is further amended by adding at the end the following: 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 all parties to the regional center are in and will maintain compliance with Federal securities laws (as such term is defined under section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c )). The Secretary of Homeland Security shall immediately terminate the designation of any regional center that does not provide the certification described in paragraph
(1)on an annual basis. In addition to any other authority provided to the Secretary of Homeland Security regarding the program described in this section, the Secretary may suspend or terminate the designation of any regional center if the Secretary determines that the regional center, or any party to the regional center: is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction in connection with the purchase or sale of a security; is subject to any order of the Securities and Exchange Commission that bars such person from association with an entity regulated by the Securities and Exchange Commission, or constitutes a final order based on violations in connection with the purchase or sale of a security; has been convicted of violating, or found to have violated, a fraud provision of the Federal securities laws (as such term is defined under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)); or knowingly submitted or caused to be submitted a certification described in paragraphs
(1)or
(2)of this subsection that contained an untrue statement of material fact, or omitted to state a material fact necessary, in order to make the statements made, in light of the circumstances under which they were made, not misleading. Nothing in this subsection shall be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws. For the purpose of this subsection, the term party to the regional center shall include, in addition to the regional center itself, its agents, servants, employees, attorneys, or any persons in active concert or participation with the regional center. . Except for the amendments made by paragraphs
(1)and
(2)of subsection (a), the amendments made by subsections
(a)and
(b)shall take effect on the date of the enactment of this Act and shall apply— to aliens filing petitions under section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) on or after such date; to a regional center (and any person involved with or a party to a regional center) designated before, on, or after such date; and to any application to designate a regional center, and any person involved with or a party to the regional center, that is pending on such date. capital The amendment made by subsection (a)(1) shall take effect on the date of the enactment of this Act. The amendment made by subsection (a)(2) shall take effect as provided in section 203(b)(5)(C)(v) of the Immigration and Nationality Act, as added by subsection (a)(2) of this section.
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Sec. 104
Employment creation immigrant visas
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