Sec. 5. EB–5 visa reforms
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/bill/113/hr/4178/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: Aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section 203(b)(5). . Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended by adding at the end the following: An alien admitted under subsection
(d)as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection (b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A, shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection (b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien’s 21st birthday. . The Secretary may establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to administer sections 203(b)(5) and 216A of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) and 1186b). The Secretary of Homeland Security may delegate to the Secretary of Commerce authority and responsibility for determinations under sections 203(b)(5) and 216A (with respect to alien entrepreneurs) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186a), including determining whether an alien has met employment creation requirements. The Secretary of Homeland Security and the Secretary of Commerce may each adopt such rules and regulations as are necessary to carry out the delegation authorized under paragraph (1), including regulations governing the eligibility criteria for obtaining benefits pursuant to the amendments made by this section. 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 paragraph (1). Section 245 ( 8 U.S.C. 1255 ) of the Immigration and Nationality Act is amended— in subsection (k), in the matter preceding paragraph (1), by striking or
(3)and inserting (3), or
(5); and by adding at the end the following: At the time a petition is filed for classification under section 203(b)(5), if the approval of such petition would make a visa immediately available to the alien beneficiary, the alien beneficiary’s application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition. . Section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ), as amended by this Act, is further amended by striking Attorney General each place it appears and inserting Secretary of Homeland Security .
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