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Code · BILL · 115th Congress · H.R. 3471 (Introduced in House) — To amend section 203(b)(5) of the Immigration and Nationality Act to implement new reforms, and to reauthorize the EB... · Sec. 6

Sec. 6. Procedure for granting immigrant status

323 words·~1 min read·/bill/115/hr/3471/ih/section-6

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Section 204(a)(1)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(H) ) is amended to read as follows: An alien desiring to be classified under section 203(b)(5) may file a petition with the Secretary of Homeland Security, but only if the alien is not under 18 years of age at the time of filing. An alien who seeks to pool the alien’s investment with one or more additional aliens seeking classification under section 203(b)(5) shall file for classification pursuant to section 203(b)(5)(H).
An alien petitioning for classification pursuant to section 203(b)(5)(H) may only file a petition with the Secretary after the regional center has filed an application for approval of an investment under section 203(b)(5)(I). A petitioner shall establish eligibility at the time the alien files for classification under section 203(b)(5) and, if not eligible at the time of filing, shall be denied such classification even if the petitioner later becomes eligible under materially different facts or circumstances.
Aliens asserting eligibility under a materially different set of facts that did not exist when the petition was filed shall file a new petition. A petitioner shall continue to be eligible for classification at the time such petition is adjudicated. . The amendments made by subsection
(a)shall take effect on the date of the enactment of this Act. Clause
(i)of section 204(a)(1)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(H) ), as added by subsection (a), shall apply to any petition for classification pursuant to section 203(b)(5)(H) of such Act ( 8 U.S.C. 1153(b)(5)(H) ) that is filed with the Secretary of Homeland Security on or after the date of the enactment of this Act. Clause
(ii)of section 204(a)(1)(H) of such Act, as added by subsection (a), shall apply to any petition for classification pursuant to section 203(b)(5)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5)(E) ) filed with the Secretary of Homeland Security at any time.
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Sec. 6
Procedure for granting immigrant status
U.S.C.§ 1154
U.S.C.§ 1153
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