8 U.S.C. § 1153 — Allocation of immigrant visas

Page 92 TITLE 8—ALIENS AND NATIONALITY § 1153 under this chapter, see section 2(c)(1) of Pub. L. 97–271, set out as a note under section 1255 of this title. EXEMPTION FROM NUMERICAL LIMITATIONS FOR CER- TAIN ALIENS WHO APPLIED FOR ADJUSTMENT TO STA- TUS OF PERMANENT RESIDENT ALIENS ON OR BEFORE JUNE 1, 1978 For provisions rendering inapplicable the numerical limitations contained in this section to certain aliens who had applied for adjustment to the status of perma- nent resident alien on or before June 1, 1978, see section 19 of Pub. L. 97–116, set out as a note under section 1151 of this title. APPROVAL BY SECRETARY OF STATE TREATING TAIWAN (CHINA) AS SEPARATE FOREIGN STATE FOR PURPOSES OF NUMERICAL LIMITATION ON IMMIGRANT VISAS Pub. L. 97–113, title VII, § 714, Dec. 29, 1981, 95 Stat. 1548, provided that: ‘‘The approval referred to in the first sentence of section 202(b) of the Immigration and Nationality Act [subsec. (b) of this section] shall be considered to have been granted with respect to Taiwan (China).’’ § 1153. Allocation of immigrant visas (a) Preference allocation for family-sponsored immigrants Aliens subject to the worldwide level specified in section 1151(c) of this title for family-spon- sored immigrants shall be allotted visas as fol- lows: (1) Unmarried sons and daughters of citizens Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4). (2) Spouses and unmarried sons and unmar- ried daughters of permanent resident aliens Qualified immigrants— (A) who are the spouses or children of an alien lawfully admitted for permanent resi- dence, or (B) who are the unmarried sons or unmar- ried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to ex- ceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 per- cent of such visa numbers shall be allocated to aliens described in subparagraph (A). (3) Married sons and married daughters of citi- zens Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2). (4) Brothers and sisters of citizens Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3). (b) Preference allocation for employment-based immigrants Aliens subject to the worldwide level specified in section 1151(d) of this title for employment- based immigrants in a fiscal year shall be allot- ted visas as follows: (1) Priority workers Visas shall first be made available in a num- ber not to exceed 28.6 percent of such world- wide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): (A) Aliens with extraordinary ability An alien is described in this subparagraph if— (i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international ac- claim and whose achievements have been recognized in the field through extensive documentation, (ii) the alien seeks to enter the United States to continue work in the area of ex- traordinary ability, and (iii) the alien’s entry into the United States will substantially benefit prospec- tively the United States. (B) Outstanding professors and researchers An alien is described in this subparagraph if— (i) the alien is recognized internationally as outstanding in a specific academic area, (ii) the alien has at least 3 years of expe- rience in teaching or research in the aca- demic area, and (iii) the alien seeks to enter the United States— (I) for a tenured position (or tenure- track position) within a university or in- stitution of higher education to teach in the academic area, (II) for a comparable position with a university or institution of higher edu- cation to conduct research in the area, or (III) for a comparable position to con- duct research in the area with a depart- ment, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full- time in research activities and has achieved documented accomplishments in an academic field. (C) Certain multinational executives and managers An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classifica- tion and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or sub- sidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a Page 93 TITLE 8—ALIENS AND NATIONALITY § 1153 subsidiary or affiliate thereof in a capacity that is managerial or executive. (2) Aliens who are members of the professions holding advanced degrees or aliens of ex- ceptional ability (A) In general Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to quali- fied immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their ex- ceptional ability in the sciences, arts, or business, will substantially benefit prospec- tively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States. (B) Waiver of job offer (i) National interest waiver Subject to clause (ii), the Attorney Gen- eral may, when the Attorney General deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States. (ii) Physicians working in shortage areas or veterans facilities (I) In general The Attorney General shall grant a na- tional interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for pref- erence classification has been filed under subparagraph (A) if— (aa) the alien physician agrees to work full time as a physician in an area or areas designated by the Sec- retary of Health and Human Services as having a shortage of health care professionals or at a health care facil- ity under the jurisdiction of the Sec- retary of Veterans Affairs; and (bb) a Federal agency or a depart- ment of public health in any State has previously determined that the alien physician’s work in such an area or at such facility was in the public interest. (II) Prohibition No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 1154(b) of this title, and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 1255 of this title, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 1101(a)(15)(J) of this title), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care fa- cility under the jurisdiction of the Sec- retary of Veterans Affairs. (III) Statutory construction Nothing in this subparagraph may be construed to prevent the filing of a peti- tion with the Attorney General for clas- sification under section 1154(a) of this title, or the filing of an application for adjustment of status under section 1255 of this title, by an alien physician de- scribed in subclause (I) prior to the date by which such alien physician has com- pleted the service described in subclause (II). (IV) Effective date The requirements of this subsection do not affect waivers on behalf of alien phy- sicians approved under subsection (b)(2)(B) before the enactment date of this subsection. In the case of a physi- cian for whom an application for a waiv- er was filed under subsection (b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to subsection (b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 1101(a)(15)(J) of this title) be- fore a visa can be issued to the alien under section 1154(b) of this title or the status of the alien is adjusted to perma- nent resident under section 1255 of this title. (C) Determination of exceptional ability In determining under subparagraph (A) whether an immigrant has exceptional abil- ity, the possession of a degree, diploma, cer- tificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certifi- cation for a particular profession or occupa- tion shall not by itself be considered suffi- cient evidence of such exceptional ability. (3) Skilled workers, professionals, and other workers (A) In general Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2): (i) Skilled workers Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States. (ii) Professionals Qualified immigrants who hold bacca- laureate degrees and who are members of the professions. Page 94 TITLE 8—ALIENS AND NATIONALITY § 1153 (iii) Other workers Other qualified immigrants who are ca- pable, at the time of petitioning for classi- fication under this paragraph, of per- forming unskilled labor, not of a tem- porary or seasonal nature, for which quali- fied workers are not available in the United States. (B) Limitation on other workers Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immi- grants described in subparagraph (A)(iii). (C) Labor certification required An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determina- tion made by the Secretary of Labor pursu- ant to the provisions of section 1182(a)(5)(A) of this title. (4) Certain special immigrants Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants de- scribed in section 1101(a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101(a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in sec- tion 1101(a)(27)(M) of this title. (5) Employment creation (A) In general Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)— (i) in which such alien has invested (after November 29, 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C) and which is expected to remain invested for not less than 2 years; and (ii) which will benefit the United States economy by creating full-time employ- ment for not fewer than 10 United States citizens, United States nationals, or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant’s spouse, sons, or daughters). (B) Designations and reserved visas (i) Reserved visas (I) In general Of the visas made available under this paragraph in each fiscal year— (aa) 20 percent shall be reserved for qualified immigrants who invest in a rural area; (bb) 10 percent shall be reserved for qualified immigrants who invest in an area designated by the Secretary of Homeland Security under clause (ii) as a high unemployment area; and (cc) 2 percent shall be reserved for qualified immigrants who invest in in- frastructure projects. (II) Unused visas (aa) Carryover At the end of each fiscal year, any unused visas reserved for qualified im- migrants investing in each of the cat- egories described in items (aa) through (cc) of subclause (I) shall remain avail- able within the same category for the immediately succeeding fiscal year. (bb) General availability Visas described in items (aa) through (cc) of subclause (I) that are not issued by the end of the succeeding fiscal year referred to in item (aa) shall be made available to qualified immigrants de- scribed under subparagraph (A). (ii) Designation of high unemployment area (I) In general The Secretary of Homeland Security, or a designee of the Secretary who is an employee of the Department of Home- land Security, may designate, as a high unemployment area, a census tract, or contiguous census tracts, in which— (aa) the new commercial enterprise is principally doing business; and (bb) the weighted average of the un- employment rate for the census tracts, based on the labor force employment measure for each applicable census tract and any adjacent tract included under subclause (III), is not less than 150 percent of the national average un- employment rate. (II) Prohibition on designation by any other official A targeted employment area may not be designated as a high unemployment area by— (aa) a Federal official other than the Secretary of Homeland Security or a designee of the Secretary; or (bb) any official of a State or local government. (III) Inclusion In making a designation under sub- clause (I), the Secretary of Homeland Se- curity may include a census tract di- rectly adjacent to a census tract or con- tiguous census tracts described in that subclause. (IV) Duration (aa) In general A designation under this clause shall be in effect for the 2-year period begin- ning on— (AA) the date on which an applica- tion under subparagraph (F) is filed; or Page 95 TITLE 8—ALIENS AND NATIONALITY § 1153 (BB) in the case of an alien who is not subject to subparagraph (F), at the time of investment. (bb) Renewal A designation under this clause may be renewed for 1 or more additional 2- year periods if the applicable area con- tinues to meet the criteria described in subclause (I). (V) Additional investment not required An immigrant investor who has in- vested the amount of capital required by subparagraph (C) in a targeted employ- ment area designated as a high unem- ployment area during the period in which the area is so designated shall not be required to increase the amount of in- vestment due to the expiration of the designation. (iii) Infrastructure projects (I) In general The Secretary of Homeland Security shall determine whether a specific cap- ital investment project meets the defini- tion of ‘‘infrastructure project’’ set forth in subparagraph (D)(iv). (II) Prohibition on designation by any other official A determination under subclause (I) may not be made by— (aa) a Federal official other than the Secretary of Homeland Security or a designee of the Secretary; or (bb) any official of a State or local government. (C) Amount of capital required (i) In general Except as otherwise provided in this sub- paragraph, the amount of capital required under subparagraph (A) shall be $1,050,000. (ii) Adjustment for targeted employment areas and infrastructure projects The amount of capital required under subparagraph (A) for an investment in a targeted employment area or in an infra- structure project shall be $800,000. (iii) Automatic adjustment in minimum in- vestment amount (I) IN GENERAL.—Beginning on January 1, 2027, and every 5 years thereafter, the amount in clause (i) shall automatically adjust for petitions filed on or after the ef- fective date of each adjustment, based on the cumulative annual percentage change in the unadjusted consumer price index for all urban consumers (all items; U.S. city average) reported by the Bureau of Labor Statistics between January 1, 2022, and the date of adjustment. The qualifying invest- ment amounts shall be rounded down to the nearest $50,000. The Secretary of Homeland Security shall update such amounts by publication of a technical amendment in the Federal Register. (II) Beginning on January 1, 2027, and every 5 years thereafter, the amount in clause (ii) shall automatically adjust for petitions filed on or after the effective date of each adjustment, to be equal to 75 percent of the standard investment amount under subclause (I). (iv) Adjustment for high employment areas In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment— (I) is not a targeted employment area, and (II) is an area with an unemployment rate significantly below the national av- erage unemployment rate, the Secretary of Homeland Security may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (i), as adjusted under clause (iii). (D) Definitions In this paragraph: (i) Affiliated job-creating entity The term ‘‘affiliated job-creating entity’’ means any job-creating entity that is con- trolled, managed, or owned by any of the people involved with the regional center or new commercial enterprise under sub- section (b)(5)(H)(v). (ii) Capital The term ‘‘capital’’— (I) means cash and all real, personal, or mixed tangible assets owned and con- trolled by the alien investor, or held in trust for the benefit of the alien and to which the alien has unrestricted access; (II) shall be valued at fair market value in United States dollars, in accord- ance with Generally Accepted Account- ing Principles or other standard account- ing practice adopted by the Securities and Exchange Commission, at the time it is invested under this paragraph; (III) does not include— (aa) assets directly or indirectly ac- quired by unlawful means, including any cash proceeds of indebtedness se- cured by such assets; (bb) capital invested in exchange for a note, bond, convertible debt, obliga- tion, or any other debt arrangement between the alien investor and the new commercial enterprise; (cc) capital invested with a guaran- teed rate of return on the amount in- vested by the alien investor; or (dd) except as provided in subclause (IV), capital invested that is subject to any agreement between the alien in- vestor and the new commercial enter- prise that provides the investor with a contractual right to repayment, such as a mandatory redemption at a cer- tain time or upon the occurrence of a certain event, or a put or sell-back op- tion held by the alien investor, even if such contractual right is contingent on the success of the new commercial en- Page 96 TITLE 8—ALIENS AND NATIONALITY § 1153 terprise, such as having sufficient available cash flow; and (IV) includes capital invested that— (aa) is subject to a buy back option that may be exercised solely at the dis- cretion of the new commercial enter- prise; and (bb) results in the alien investor withdrawing his or her petition unless the alien investor has fulfilled his or her sustainment period and other re- quirements under this paragraph. (iii) Certifier The term ‘‘certifier’’ means a person in a position of substantive authority for the management or operations of a re- gional center, new commercial enter- prise, affiliated job-creating entity, or issuer of securities, such as a principal executive officer or principal financial officer, with knowledge of such entities’ policies and procedures related to com- pliance with the requirements under this paragraph. (iv) Infrastructure project The term ‘‘infrastructure project’’ means a capital investment project in a filed or approved business plan, which is administered by a governmental entity (such as a Federal, State, or local agency or authority) that is the job-creating en- tity contracting with a regional center or new commercial enterprise to receive capital investment under the regional center program described in subpara- graph (E) from alien investors or the new commercial enterprise as financing for maintaining, improving, or constructing a public works project. (v) Job-creating entity The term ‘‘job-creating entity’’ means any organization formed in the United States for the ongoing conduct of lawful business, including sole proprietorship, partnership (whether limited or general), corporation, limited liability company, business trust, or other entity, which may be publicly or privately owned, in- cluding an entity consisting of a holding company and its wholly owned subsidi- aries or affiliates (provided that each subsidiary or affiliate is engaged in an activity formed for the ongoing conduct of a lawful business) that receives, or is established to receive, capital invest- ment from alien investors or a new com- mercial enterprise under the regional center program described in this sub- paragraph and which is responsible for creating jobs to satisfy the requirement under subparagraph (A)(ii). (vi) New commercial enterprise The term ‘‘new commercial enter- prise’’ means any for-profit organization formed in the United States for the on- going conduct of lawful business, includ- ing sole proprietorship, partnership (whether limited or general), holding company and its wholly owned subsidi- aries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful busi- ness), joint venture, corporation, busi- ness trust, limited liability company, or other entity (which may be publicly or privately owned) that receives, or is es- tablished to receive, capital investment from investors under this paragraph. (vii) Rural area The term ‘‘rural area’’ means any area other than an area within a metropoli- tan statistical area (as designated by the Director of the Office of Management and Budget) or within the outer bound- ary of any city or town having a popu- lation of 20,000 or more (based on the most recent decennial census of the United States). (viii) Targeted employment area The term ‘‘targeted employment area’’ means, at the time of investment, a rural area or an area designated by the Secretary of Homeland Security under subparagraph (B)(ii) as a high unemploy- ment area. (E) Regional center program (i) In general Visas under this subparagraph shall be made available through September 30, 2027, to qualified immigrants (and the eligible spouses and children of such immigrants) pooling their investments with 1 or more qualified immigrants participating in a program implementing this paragraph that involves a regional center in the United States, which has been designated by the Secretary of Homeland Security on the basis of a proposal for the promotion of economic growth, including prospective job creation and increased domestic cap- ital investment. (ii) Processing In processing petitions under section 1154(a)(1)(H) of this title for classification under this paragraph, the Secretary of Homeland Security— (I) shall prioritize the processing and adjudication of petitions for rural areas; (II) may process petitions in a manner and order established by the Secretary; and (III) shall deem such petitions to in- clude records previously filed with the Secretary pursuant to subparagraph (F) if the alien petitioner certifies that such records are incorporated by reference into the alien’s petition. (iii) Establishment of a regional center A regional center shall operate within a defined, contiguous, and limited geo- graphic area, which shall be described in the proposal and be consistent with the purpose of concentrating pooled invest- ment within such area. The proposal to es- tablish a regional center shall dem- Page 97 TITLE 8—ALIENS AND NATIONALITY § 1153 onstrate that the pooled investment will have a substantive economic impact on such geographic area, and shall include— (I) reasonable predictions, supported by economically and statistically valid and transparent forecasting tools, con- cerning the amount of investment that will be pooled, the kinds of commercial enterprises that will receive such invest- ments, details of the jobs that will be created directly or indirectly as a result of such investments, and other positive economic effects such investments will have; (II) a description of the policies and procedures in place reasonably designed to monitor new commercial enterprises and any associated job-creating entity to seek to ensure compliance with— (aa) all applicable laws, regulations, and Executive orders of the United States, including immigration laws, criminal laws, and securities laws; and (bb) all securities laws of each State in which securities offerings will be conducted, investment advice will be rendered, or the offerors or offerees re- side; (III) attestations and information con- firming that all persons involved with the regional center meet the require- ments under clauses (i) and (ii) of sub- paragraph (H); (IV) a description of the policies and procedures in place that are reasonably designed to ensure program compliance; and (V) the identities of all natural persons involved in the regional center, as de- scribed in subparagraph (H)(v). (iv) Indirect job creation (I) In general The Secretary of Homeland Security shall permit aliens seeking admission under this subparagraph to satisfy only up to 90 percent of the requirement under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this para- graph in accordance with this subpara- graph. An employee of the new commer- cial enterprise or job-creating entity may be considered to hold a job that has been directly created. (II) Construction activity lasting less than 2 years If the jobs estimated to be created are created by construction activity lasting less than 2 years, the Secretary shall permit aliens seeking admission under this subparagraph to satisfy only up to 75 percent of the requirement under sub- paragraph (A)(ii) with jobs that are esti- mated to be created indirectly through investment under this paragraph in ac- cordance with this subparagraph. (v) Compliance (I) In general In determining compliance with sub- paragraph (A)(ii), the Secretary of Homeland Security shall permit aliens seeking admission under this subpara- graph to rely on economically and statis- tically valid methodologies for deter- mining the number of jobs created by the program, including— (aa) jobs estimated to have been cre- ated directly, which may be verified using such methodologies; and (bb) consistent with this subpara- graph, jobs estimated to have been di- rectly or indirectly created through capital expenditures, revenues gen- erated from increased exports, im- proved regional productivity, job cre- ation, and increased domestic capital investment resulting from the pro- gram. (II) Job and investment requirements (aa) Relocated jobs In determining compliance with the job creation requirement under sub- paragraph (A)(ii), the Secretary of Homeland Security may include jobs estimated to be created under a meth- odology that attributes jobs to pro- spective tenants occupying commer- cial real estate created or improved by capital investments if the number of such jobs estimated to be created has been determined by an economically and statistically valid methodology and such jobs are not existing jobs that have been relocated. (bb) Publicly available bonds The Secretary of Homeland Security shall prescribe regulations to ensure that alien investor capital may not be utilized, by a new commercial enter- prise or otherwise, to purchase munic- ipal bonds or any other bonds, if such bonds are available to the general pub- lic, either as part of a primary offering or from a secondary market. (cc) Construction activity jobs If the number of direct jobs esti- mated to be created has been deter- mined by an economically and statis- tically valid methodology, and such di- rect jobs are created by construction activity lasting less than 2 years, the number of such jobs that may be con- sidered direct jobs for purposes of clause (iv) shall be calculated by mul- tiplying the total number of such jobs estimated to be created by the fraction of the 2-year period that the construc- tion activity lasts. (vi) Amendments The Secretary of Homeland Security shall— (I) require a regional center— (aa) to notify the Secretary, not later than 120 days before the imple- mentation of significant proposed changes to its organizational struc- ture, ownership, or administration, in- cluding the sale of such center, or Page 98 TITLE 8—ALIENS AND NATIONALITY § 1153 other arrangements which would result in individuals not previously subject to the requirements under subparagraph (H) becoming involved with the re- gional center; or (bb) if exigent circumstances are present, to provide the notice de- scribed in item (aa) to the Secretary not later than 5 business days after a change described in such item; and (II) adjudicate business plans under subparagraph (F) and petitions under section 1154(a)(1)(H) of this title during any notice period as long as the amend- ment to the business or petition does not negatively impact program eligibility. (vii) Record keeping and audits (I) Record keeping Each regional center shall make and preserve, during the 5-year period begin- ning on the last day of the Federal fiscal year in which any transactions occurred, books, ledgers, records, and other docu- mentation from the regional center, new commercial enterprise, or job-creating entity used to support— (aa) any claims, evidence, or certifi- cations contained in the regional cen- ter’s annual statements under subpara- graph (G); and (bb) associated petitions by aliens seeking classification under this sec- tion or removal of conditions under section 1186b of this title. (II) Audits The Secretary shall audit each re- gional center not less frequently than once every 5 years. Each such audit shall include a review of any documentation required to be maintained under sub- clause (I) for the preceding 5 years and a review of the flow of alien investor cap- ital into any capital investment project. To the extent multiple regional centers are located at a single site, the Sec- retary may audit multiple regional cen- ters in a single site visit. (III) Termination The Secretary shall terminate the des- ignation of a regional center that fails to consent to an audit under subclause (II) or deliberately attempts to impede such an audit. (F) Business plans for regional center invest- ments (i) Application for approval of an invest- ment in a commercial enterprise A regional center shall file an applica- tion with the Secretary of Homeland Secu- rity for each particular investment offer- ing through an associated new commercial enterprise before any alien files a petition for classification under this paragraph by reason of investment in that offering. The application shall include— (I) a comprehensive business plan for a specific capital investment project; (II) a credible economic analysis re- garding estimated job creation that is based upon economically and statis- tically valid and transparent methodolo- gies; (III) any documents filed with the Se- curities and Exchange Commission under the Securities Act of 1933 (15 U.S.C. 77a et seq.) or with the securities regulator of any State, as required by law; (IV) any investment and offering docu- ments, including subscription, invest- ment, partnership, and operating agree- ments, private placement memoranda, term sheets, biographies of management, officers, directors, and any person with similar responsibilities, the description of the business plan to be provided to po- tential alien investors, and marketing materials used, or drafts prepared for use, in connection with the offering, which shall contain references, as appro- priate, to— (aa) all material investment risks as- sociated with the new commercial en- terprise and the job-creating entity; (bb) any conflicts of interest that currently exist or may arise among the regional center, the new commercial enterprise, the job-creating entity, or the principals, attorneys, or individ- uals responsible for recruitment or promotion of such entities; (cc) any pending material litigation or bankruptcy, or material adverse judgments or bankruptcy orders issued during the most recent 10-year period, in the United States or in another country, affecting the regional center, the new commercial enterprise, any as- sociated job-creating entity, or any other enterprise in which any principal of any of the aforementioned entities held majority ownership at the time; and (dd)(AA) any fees, ongoing interest, or other compensation paid, or to be paid by the regional center, the new commercial enterprise, or any issuer of securities intended to be offered to alien investors, to agents, finders, or broker dealers involved in the offering of securities to alien investors in con- nection with the investment; (BB) a description of the services performed, or that will be performed, by such person to entitle the person to such fees, interest, or compensation; and (CC) the name and contact informa- tion of any such person, if known at the time of filing; (V) a description of the policies and procedures, such as those related to in- ternal and external due diligence, rea- sonably designed to cause the regional center and any issuer of securities in- tended to be offered to alien investors in connection with the relevant capital in- vestment project, to comply, as applica- ble, with the securities laws of the Page 99 TITLE 8—ALIENS AND NATIONALITY § 1153 United States and the laws of the appli- cable States in connection with the offer, purchase, or sale of its securities; and (VI) a certification from the regional center, and any issuer of securities in- tended to be offered to alien investors in connection with the relevant capital in- vestment project, that their respective agents and employees, and any parties associated with the regional center and such issuer of securities affiliated with the regional center are in compliance with the securities laws of the United States and the laws of the applicable States in connection with the offer, pur- chase, or sale of its securities, to the best of the certifier’s knowledge, after a due diligence investigation. (ii) Effect of approval of a business plan for an investment in a regional center’s commercial enterprise The approval of an application under this subparagraph, including an approval before the date of the enactment of this subparagraph, shall be binding for pur- poses of the adjudication of subsequent pe- titions seeking classification under this paragraph by immigrants investing in the same offering described in such applica- tion, and of petitions by the same immi- grants filed under section 1186b of this title unless— (I) the applicant engaged in fraud, mis- representation, or criminal misuse; (II) such approval would threaten pub- lic safety or national security; (III) there has been a material change that affects eligibility; (IV) the discovery of other evidence af- fecting program eligibility was not dis- closed by the applicant during the adju- dication process; or (V) the previous adjudication involved a material mistake of law or fact. (iii) Amendments (I) Approval The Secretary of Homeland Security may establish procedures by which a re- gional center may seek approval of an amendment to an approved application under this subparagraph that reflects changes specified by the Secretary to any information, documents, or other as- pects of the investment offering de- scribed in such approved application not later than 30 days after any such changes. (II) Incorporation Upon the approval of a timely filed amendment to an approved application, any changes reflected in such amend- ment may be incorporated into and con- sidered in determining program eligi- bility through adjudication of— (aa) pending petitions from immi- grants investing in the offering de- scribed in the approved application who are seeking classification under this paragraph; and (bb) petitions by immigrants de- scribed in item (aa) that are filed under section 1186b of this title. (iv) Site visits The Secretary of Homeland Security shall— (I) perform site visits to regional cen- ters not earlier than 24 hours after pro- viding notice of such site visit; and (II) perform at least 1 site visit to, as applicable, each new commercial enter- prise or job-creating entity, or the busi- ness locations where any jobs that are claimed as being created. (v) Parameters for capital redeployment (I) In general The Secretary of Homeland Security shall prescribe regulations, in accord- ance with subchapter II of chapter 5 and chapter 7 of title 5 (commonly known as the ‘‘Administrative Procedure Act’’), that allow a new commercial enterprise to redeploy investment funds anywhere within the United States or its terri- tories for the purpose of maintaining the investors’ capital at risk if— (aa) the new commercial enterprise has executed the business plan for a capital investment project in good faith without a material change; (bb) the new commercial enterprise has created a sufficient number of new full time positions to satisfy the job creation requirements of the program for all investors in the new commercial enterprise, either directly or indi- rectly, as evidenced by the methodolo- gies set forth in this chapter; (cc) the job creating entity has re- paid the capital initially deployed in conformity with the initial investment contemplated by the business plan; and (dd) the capital, after repayment by the job creating entity, remains at risk and it is not redeployed in passive in- vestments, such as stocks or bonds. (II) Termination The Secretary of Homeland Security shall terminate the designation of a re- gional center if the Secretary deter- mines that a new commercial enterprise has violated any of the requirements under subclause (I) in the redeployment of funds invested in such regional center. (G) Regional center annual statements (i) In general Each regional center designated under subparagraph (E) shall submit an annual statement, in a manner prescribed by the Secretary of Homeland Security. Each such statement shall include— (I) a certification stating that, to the best of the certifier’s knowledge, after a due diligence investigation, the regional center is in compliance with clauses (i) and (ii) of subparagraph (H); (II) a certification described in sub- paragraph (I)(ii)(II); Page 100 TITLE 8—ALIENS AND NATIONALITY § 1153 (III) a certification stating that, to the best of the certifier’s knowledge, after a due diligence investigation, the regional center is in compliance with subpara- graph (K)(iii); (IV) a description of any pending mate- rial litigation or bankruptcy pro- ceedings, or material litigation or bank- ruptcy proceedings resolved during the preceding fiscal year, involving the re- gional center, the new commercial enter- prise, or any affiliated job-creating enti- ty; (V) an accounting of all individual alien investor capital invested in the re- gional center, new commercial enter- prise, and job-creating entity; (VI) for each new commercial enter- prise associated with the regional cen- ter— (aa) an accounting of the aggregate capital invested in the new commercial enterprise and any job-creating entity by alien investors under this paragraph for each capital investment project being undertaken by the new commer- cial enterprise; (bb) a description of how the capital described in item (aa) is being used to execute each capital investment project in the filed business plan or plans; (cc) evidence that 100 percent of the capital described in item (aa) has been committed to each capital investment project; (dd) detailed evidence of the progress made toward the completion of each capital investment project; (ee) an accounting of the aggregate direct jobs created or preserved; (ff) to the best of the regional cen- ter’s knowledge, for all fees, including administrative fees, loan monitoring fees, loan management fees, commis- sions and similar transaction-based compensation, collected from alien in- vestors by the regional center, the new commercial enterprise, any affiliated job-creating entity, any affiliated issuer of securities intended to be of- fered to alien investors, or any pro- moter, finder, broker-dealer, or other entity engaged by any of the aforemen- tioned entities to locate individual in- vestors— (AA) a description of all fees col- lected; (BB) an accounting of the entities that received such fees; and (CC) the purpose for which such fees were collected; (gg) any documentation referred to in subparagraph (F)(i)(IV) if there has been a material change during the pre- ceding fiscal year; and (hh) a certification by the regional center that the information provided under items (aa) through (gg) is accu- rate, to the best of the certifier’s knowledge, after a due diligence inves- tigation; and (VII) a description of the regional cen- ter’s policies and procedures that are de- signed to enable the regional center to comply with applicable Federal labor laws. (ii) Amendment of annual statements The Secretary of Homeland Security— (I) shall require the regional center to amend or supplement an annual state- ment required under clause (i) if the Sec- retary determines that such statement is deficient; and (II) may require the regional center to amend or supplement such annual state- ment if the Director determines that such an amendment or supplement is ap- propriate. (iii) Sanctions (I) Effect of violation The Director shall sanction any re- gional center entity in accordance with subclause (II) if the regional center fails to submit an annual statement or if the Director determines that the regional center— (aa) knowingly submitted or caused to be submitted a statement, certifi- cation, or any information submitted pursuant to this subparagraph that contained an untrue statement of ma- terial fact; or (bb) is conducting itself in a manner inconsistent with its designation under subparagraph (E), including any will- ful, undisclosed, and material devi- ation by new commercial enterprises from any filed business plan for such new commercial enterprises. (II) Authorized sanctions The Director shall establish a grad- uated set of sanctions based on the se- verity of the violations referred to in subclause (I), including— (aa) fines equal to not more than 10 percent of the total capital invested by alien investors in the regional center’s new commercial enterprises or job-cre- ating entities directly involved in such violations, the payment of which shall not in any circumstance utilize any of such alien investors’ capital invest- ments, and which shall be deposited into the EB–5 Integrity Fund estab- lished under subparagraph (J); (bb) temporary suspension from par- ticipation in the program described in subparagraph (E), which may be lifted by the Director if the individual or en- tity cures the alleged violation after being provided such an opportunity by the Director; (cc) permanent bar from participa- tion in the program described in sub- paragraph (E) for 1 or more individuals or business entities associated with the regional center, new commercial enter- prise, or job-creating entity; and Page 101 TITLE 8—ALIENS AND NATIONALITY § 1153 (dd) termination of regional center designation. (iv) Availability of annual statements to in- vestors Not later than 30 days after a request from an alien investor, a regional center shall make available to such alien investor a copy of the filed annual statement and any amendments filed to such statement, which shall be redacted to exclude any in- formation unrelated to such alien investor or the new commercial enterprise or job creating entity into which the alien inves- tor invested. (H) Bona fides of persons involved with re- gional center program (i) In general The Secretary of Homeland Security may not permit any person to be involved with any regional center, new commercial enterprise, or job-creating entity if— (I) the person has been found to have committed— (aa) a criminal or civil offense in- volving fraud or deceit within the pre- vious 10 years; (bb) a civil offense involving fraud or deceit that resulted in a liability in ex- cess of $1,000,000; or (cc) a crime for which the person was convicted and sentenced to a term of imprisonment of more than 1 year; (II) the person is subject to a final order, for the duration of any penalty imposed by such order, of a State securi- ties commission (or an agency or officer of a State performing similar functions), a State authority that supervises or ex- amines banks, savings associations, or credit unions, a State insurance commis- sion (or an agency or officer of a State performing similar functions), an appro- priate Federal banking agency, the Com- modity Futures Trading Commission, the Securities and Exchange Commis- sion, a financial self-regulatory organi- zation recognized by the Securities and Exchange Commission, or the National Credit Union Administration, which is based on a violation of any law or regu- lation that— (aa) prohibits fraudulent, manipula- tive, or deceptive conduct; or (bb) bars the person from— (AA) association with an entity regulated by such commission, au- thority, agency, or officer; (BB) appearing before such com- mission, authority, agency, or offi- cer; (CC) engaging in the business of se- curities, insurance, or banking; or (DD) engaging in savings associa- tion or credit union activities; (III) the Secretary determines that the person is engaged in, has ever been en- gaged in, or seeks to engage in— (aa) any illicit trafficking in any controlled substance or in any listed chemical (as defined in section 802 of title 21); (bb) any activity relating to espio- nage, sabotage, or theft of intellectual property; (cc) any activity related to money laundering (as described in section 1956 or 1957 of title 18); (dd) any terrorist activity (as defined in section 1182(a)(3)(B) of this title); (ee) any activity constituting or fa- cilitating human trafficking or a human rights offense; (ff) any activity described in section 1182(a)(3)(E) of this title; or (gg) the violation of any statute, reg- ulation, or Executive order regarding foreign financial transactions or for- eign asset control; or (IV) the person— (aa) is, or during the preceding 10 years has been, included on the Depart- ment of Justice’s List of Currently Disciplined Practitioners; or (bb) during the preceding 10 years, has received a reprimand or has other- wise been publicly disciplined for con- duct related to fraud or deceit by a State bar association of which the per- son is or was a member. (ii) Foreign involvement in regional center program (I) Lawful status required A person may not be involved with a regional center unless the person— (aa) is a national of the United States or an individual who has been lawfully admitted for permanent resi- dence (as such terms are defined in paragraphs (20) and (22) of section 1101(a) of this title); and (bb) is not the subject of rescission or removal proceedings. (II) Foreign governments No agency, official, or other similar entity or representative of a foreign gov- ernment entity may provide capital to, or be directly or indirectly involved with the ownership or administration of, a re- gional center, a new commercial enter- prise, or a job-creating entity, except that a foreign or domestic investment fund or other investment vehicle that is wholly or partially owned, directly or in- directly, by a bona fide foreign sovereign wealth fund or a foreign state-owned en- terprise otherwise permitted to do busi- ness in the United States may be in- volved with the ownership, but not the administration, of a job-creating entity that is not an affiliated job-creating en- tity. (III) Rulemaking Not later than 270 days after March 15, 2022, the Secretary shall issue regula- tions implementing subparagraphs (I) and (II). (iii) Information required The Secretary of Homeland Security— Page 102 TITLE 8—ALIENS AND NATIONALITY § 1153 (I) shall require such attestations and information, including the submission of fingerprints or other biometrics to the Federal Bureau of Investigation with re- spect to a regional center, a new com- mercial enterprise, and any affiliated job creating entity, and persons involved with such entities (as described in clause (v)), as may be necessary to determine whether such entities are in compliance with clauses (i) and (ii); (II) shall perform such criminal record checks and other background and data- base checks with respect to a regional center, a new commercial enterprise, and any affiliated job-creating entity, and persons involved with such entities (as described in clause (v)), as may be nec- essary to determine whether such enti- ties are in compliance with clauses (i) and (ii); and (III) may, at the Secretary’s discre- tion, require the information described to in subclause (I) and may perform the checks described in subclause (II) with respect to any job creating entity and persons involved with such entity if there is a reasonable basis to believe such entity or person is not in compli- ance with clauses (i) and (ii). (iv) Termination (I) In general The Secretary of Homeland Security may suspend or terminate the designa- tion of any regional center, or the par- ticipation under the program of any new commercial enterprise or job-creating entity under this paragraph if the Sec- retary determines that such entity— (aa) knowingly involved a person with such entity in violation of clause (i) or (ii) by failing, within 14 days of acquiring such knowledge— (AA) to take commercially reason- able efforts to discontinue the pro- hibited person’s involvement; or (BB) to provide notice to the Sec- retary; (bb) failed to provide an attestation or information requested by the Sec- retary under clause (iii)(I); or (cc) knowingly provided any false at- testation or information under clause (iii)(I). (II) Limitation The Secretary’s authorized sanctions under subclause (I) shall be limited to entities that have engaged in any activ- ity described in subclause (I). (III) Information (aa) Notification The Secretary, after performing the criminal record checks and other back- ground checks described in clause (iii), shall notify a regional center, new commercial enterprise, or job-creating entity whether any person involved with such entities is not in compliance with clause (i) or (ii), unless the infor- mation that provides the basis for the determination is classified or disclo- sure is otherwise prohibited under law. (bb) Effect of failure to respond If the regional center, new commer- cial enterprise, or job-creating entity fails to discontinue the prohibited per- son’s involvement with the regional center, new commercial enterprise, or job-creating entity, as applicable, within 30 days after receiving such no- tification, such entity shall be deemed to have knowledge under subclause (I)(aa) that the involvement of such person with the entity is in violation of clause (i) or (ii). (v) Persons involved with a regional cen- ter, new commercial enterprise, or job- creating entity For the purposes of this paragraph, un- less otherwise determined by the Sec- retary of Homeland Security, a person is involved with a regional center, a new commercial enterprise, any affiliated job- creating entity, as applicable, if the person is, directly or indirectly, in a position of substantive authority to make operational or managerial decisions over pooling, securitization, investment, release, accept- ance, or control or use of any funding that was procured under the program described in subparagraph (E). An individual may be in a position of substantive authority if the person serves as a principal, a rep- resentative, an administrator, an owner, an officer, a board member, a manager, an executive, a general partner, a fiduciary, an agent, or in a similar position at the re- gional center, new commercial enterprise, or job-creating entity, respectively. (I) Compliance with securities laws (i) Jurisdiction (I) In general The United States has jurisdiction, in- cluding subject matter jurisdiction, over the purchase or sale of any security of- fered or sold, or any investment advice provided, by any regional center or any party associated with a regional center for purposes of the securities laws. (II) Compliance with regulation s For purposes of section 5 of the Securi- ties Act of 1933 (15 U.S.C. 77e), a regional center or any party associated with a re- gional center is not precluded from offer- ing or selling a security pursuant to Reg- ulation S (17 C.F.R. 230.901 et seq.) to the extent that such offering or selling oth- erwise complies with that regulation. (III) Savings provision Subclause (I) is not intended to modify any existing rules or regulations of the Securities and Exchange Commission re- lated to the application of section 78o(a) of title 15 to foreign brokers or dealers. Page 103 TITLE 8—ALIENS AND NATIONALITY § 1153 (ii) Regional center certifications required (I) Initial certification The Secretary of Homeland Security may not approve an application for re- gional center designation or regional center amendment unless the regional center certifies that, to the best of the certifier’s knowledge, after a due dili- gence investigation, the regional center is in compliance with and has policies and procedures, including those related to internal and external due diligence, reasonably designed to confirm, as appli- cable, that all parties associated with the regional center are and will remain in compliance with the securities laws of the United States and of any State in which— (aa) the offer, purchase, or sale of se- curities was conducted; (bb) the issuer of securities was lo- cated; or (cc) the investment advice was pro- vided by the regional center or parties associated with the regional center. (II) Reissue A regional center shall annually re- issue a certification described in sub- clause (I), in accordance with subpara- graph (G), to certify compliance with clause (iii) by stating that— (aa) the certification is made by a certifier; (bb) to the best of the certifier’s knowledge, after a due diligence inves- tigation, all such offers, purchases, and sales of securities or the provision of investment advice complied with the securities laws of the United States and the securities laws of any State in which— (AA) the offer, purchase, or sale of securities was conducted; (BB) the issuer of securities was lo- cated; or (CC) the investment advice was provided; and (cc) records, data, and information related to such offers, purchases, and sales have been maintained. (III) Effect of noncompliance If a regional center, through its due diligence, discovered during the previous fiscal year that the regional center or any party associated with the regional center was not in compliance with the securities laws of the United States or the securities laws of any State in which the securities activities were conducted by any party associated with the re- gional center, the certifier shall— (aa) describe the activities that led to noncompliance; (bb) describe the actions taken to remedy the noncompliance; and (cc) certify that the regional center and all parties associated with the re- gional center are currently in compli- ance, to the best of the certifier’s knowledge, after a due diligence inves- tigation. (iii) Oversight required Each regional center shall— (I) use commercially reasonable efforts to monitor and supervise compliance with the securities laws in relations to all offers, purchases, and sales of, and in- vestment advice relating to, securities made by parties associated with the re- gional center; (II) maintain records, data, and infor- mation relating to all such offers, pur- chases, sales, and investment advice dur- ing the 5-year period beginning on the date of their creation; and (III) make the records, data, and infor- mation described in subclause (II) avail- able to the Secretary or to the Securi- ties and Exchange Commission upon re- quest. (iv) Suspension or termination In addition to any other authority pro- vided to the Secretary under this para- graph, the Secretary, in the Secretary’s discretion, may suspend or terminate the designation of any regional center or im- pose other sanctions against the regional center if the regional center, or any par- ties associated with the regional center that the regional center knew or reason- ably should have known— (I) are permanently or temporarily en- joined by order, judgment, or decree of any court of competent jurisdiction in connection with the offer, purchase, or sale of a security or the provision of in- vestment advice; (II) are subject to any final order of the Securities and Exchange Commission or a State securities regulator that— (aa) bars such person from associa- tion with an entity regulated by the Securities and Exchange Commission or a State securities regulator; or (bb) constitutes a final order based on a finding of an intentional violation or a violation related to fraud or deceit in connection with the offer, purchase, or sale of, or investment advice relat- ing to, a security; or (III) submitted, or caused to be sub- mitted, a certification described in clause (ii) 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 light of the circumstances under which they were made, not misleading. (v) Defined term In this subparagraph, the term ‘‘parties associated with a regional center’’ means— (I) the regional center; (II) any new commercial enterprise or affiliated job-creating entity or issuer of securities associated with the regional center; (III) the regional center’s and new commercial enterprise’s owners, officers, Page 104 TITLE 8—ALIENS AND NATIONALITY § 1153 directors, managers, partners, agents, employees, promoters and attorneys, or similar position, as determined by the Secretary; and (IV) any person under the control of the regional center, new commercial en- terprise, or issuer of securities associ- ated with the regional center who is re- sponsible for the marketing, offering, or sale of any security offered in connec- tion with the capital investment project. (vi) Savings provision Nothing in this subparagraph may be construed to impair or limit the authority of the Securities and Exchange Commis- sion under the Federal securities laws or any State securities regulator under State securities laws. (J) EB–5 Integrity Fund (i) Establishment There is established in the United States Treasury a special fund, which shall be known as the ‘‘EB–5 Integrity Fund’’ (re- ferred to in this subparagraph as the ‘‘Fund’’). Amounts deposited into the Fund shall be available to the Secretary of Homeland Security until expended for the purposes set forth in clause (iii). (ii) Fees (I) Annual fee On October 1, 2022, and each October 1 thereafter, the Secretary of Homeland Security shall collect for the Fund an annual fee— (aa) except as provided in item (bb), of $20,000 from each regional center designated under subparagraph (E); and (bb) of $10,000 from each such re- gional center with 20 or fewer total in- vestors in the preceding fiscal year in its new commercial enterprises. (II) Petition fee Beginning on October 1, 2022, the Sec- retary shall collect a fee of $1,000 for the Fund with each petition filed under sec- tion 1154(a)(1)(H) of this title for classi- fication under subparagraph (E). The fee under this subclause is in addition to the fee that the Secretary is authorized to establish and collect for each petition to recover the costs of adjudication and naturalization services under section 1356(m) of this title. (III) Increases The Secretary may increase the amounts under this clause by prescribing such regulations as may be necessary to ensure that amounts in the Fund are suf- ficient to carry out the purposes set forth in clause (iii). (iii) Permissible uses of fund The Secretary shall— (I) use not less than 1⁄3 of the amounts deposited into the Fund for investiga- tions based outside of the United States, including— (aa) monitoring and investigating program-related events and pro- motional activities; and (bb) ensuring an alien investor’s compliance with subparagraph (L); and (II) use amounts deposited into the Fund— (aa) to detect and investigate fraud or other crimes; (bb) to determine whether regional centers, new commercial enterprises, job-creating entities, and alien inves- tors (and their alien spouses and alien children) comply with the immigration laws; (cc) to conduct audits and site visits; and (dd) as the Secretary determines to be necessary, including monitoring compliance with the requirements under section 1153a of this title. (iv) Failure to pay fee The Secretary of Homeland Security shall— (I) impose a reasonable penalty, which shall be deposited into the Fund, if any regional center does not pay the fee re- quired under clause (ii) within 30 days after the date on which such fee is due; and (II) terminate the designation of any regional center that does not pay the fee required under clause (ii) within 90 days after the date on which such fee is due. (v) Report The Secretary shall submit an annual re- port to the Committee on the Judiciary of the Senate and the Committee on the Ju- diciary of the House of Representatives that describes how amounts in the Fund were expended during the previous fiscal year. (K) Direct and third-party promoters (i) Rules and standards Direct and third-party promoters (in- cluding migration agents) of a regional center, any new commercial enterprise, an affiliated job-creating entity, or an issuer of securities intended to be offered to alien investors in connection with a particular capital investment project shall comply with the rules and standards prescribed by the Secretary of Homeland Security and any applicable Federal or State securities laws, to oversee promotion of any offering of securities related to the EB–5 Program, including— (I) registration with U.S. Citizenship and Immigration Services, which— (aa) includes identifying and contact information for such promoter and confirmation of the existence of the written agreement required under clause (iii); and (bb) may be made publicly available at the discretion of the Secretary; (II) certification by each promoter that such promoter is not ineligible under subparagraph (H)(i); Page 105 TITLE 8—ALIENS AND NATIONALITY § 1153 (III) guidelines for accurately rep- resenting the visa process to foreign in- vestors; and (IV) guidelines describing permissible fee arrangements under applicable secu- rities and immigration laws. (ii) Effect of violation If the Secretary determines that a direct or third-party promoter has violated clause (i), the Secretary shall suspend or permanently bar such individual from par- ticipation in the program described in sub- paragraph (E). (iii) Compliance Each regional center, new commercial enterprise, and affiliated job-creating enti- ty shall maintain a written agreement be- tween or among such entities and each di- rect or third-party promoter operating on behalf of such entities that outlines the rules and standards prescribed under clause (i). (iv) Disclosure Each petition filed under section 1154(a)(1)(H) of this title shall include a disclosure, signed by the investor, that re- flects all fees, ongoing interest, and other compensation paid to any person that the regional center or new commercial enter- prise knows has received, or will receive, in connection with the investment, includ- ing compensation to agents, finders, or broker dealers involved in the offering, to the extent not already specifically identi- fied in the business plan filed under sub- paragraph (F). (L) Source of funds (i) In general An alien investor shall demonstrate that the capital required under subparagraph (A) and any funds used to pay administra- tive costs and fees associated with the alien’s investment were obtained from a lawful source and through lawful means. (ii) Required information The Secretary of Homeland Security shall require that an alien investor’s peti- tion under this paragraph contain, as ap- plicable— (I) business and tax records, or similar records, including— (aa) foreign business registration records; (bb) corporate or partnership tax re- turns (or tax returns of any other enti- ty in any form filed in any country or subdivision of such country), and per- sonal tax returns, including income, franchise, property (whether real, per- sonal, or intangible), or any other tax returns of any kind, filed during the past 7 years (or another period to be determined by the Secretary to ensure that the investment is obtained from a lawful source of funds) with any taxing jurisdiction within or outside the United States by or on behalf of the alien investor; and (cc) any other evidence identifying any other source of capital or adminis- trative fees; (II) evidence related to monetary judg- ments against the alien investor, includ- ing certified copies of any judgments, and evidence of all pending govern- mental civil or criminal actions, govern- mental administrative proceedings, and any private civil actions (pending or oth- erwise) involving possible monetary judgments against the alien investor from any court within or outside the United States; and (III) the identity of all persons who transfer into the United States, on be- half of the investor, any funds that are used to meet the capital requirement under subparagraph (A). (iii) Gift and loan restrictions (I) In general Gifted and borrowed funds may not be counted toward the minimum capital in- vestment requirement under subpara- graph (C) unless such funds— (aa) were gifted or loaned to the alien investor in good faith; and (bb) were not gifted or loaned to cir- cumvent any limitations imposed on permissible sources of capital under this subparagraph, including but not limited to proceeds from illegal activ- ity. (II) Records requirement If funds invested under subparagraph (A) are gifted or loaned to the alien in- vestor, the Secretary shall require that the alien investor’s petition under this paragraph includes the records described in subclauses (I) and (II) of clause (ii) from the donor or, if other than a bank, the lender. (M) Treatment of good faith investors fol- lowing program noncompliance (i) Termination or debarment of EB–5 enti- ty Except as provided in clause (vi), upon the termination or debarment, as applica- ble, from the program under this para- graph of a regional center, a new commer- cial enterprise, or a job-creating entity— (I) an otherwise qualified petition under section 1154(a)(1)(H) of this title or the conditional permanent residence of an alien who has been admitted to the United States pursuant to section 1186b(a)(1) of this title based on an in- vestment in a terminated regional cen- ter, new commercial enterprise, or job- creating entity shall remain valid or continue to be authorized, as applicable, consistent with this subparagraph; and (II) the Secretary of Homeland Secu- rity shall notify the alien beneficiaries of such petitions of such termination or debarment. (ii) New regional center or investment The petition under section 1154(a)(1)(H) of this title of an alien described in clause Page 106 TITLE 8—ALIENS AND NATIONALITY § 1153 (i) and the conditional permanent resident status of an alien described in clause (i) shall be terminated 180 days after notifica- tion of the termination from the program under this paragraph of a regional center, a new commercial enterprise, or a job cre- ating entity (but not sooner than 180 days after March 15, 2022) unless— (I) in the case of the termination of a regional center— (aa) the new commercial enterprise associates with an approved regional center, regardless of the approved geo- graphical boundaries of such regional center’s designation; or (bb) such alien makes a qualifying investment in another new commercial enterprise; or (II) in the case of the debarment of a new commercial enterprise or job-cre- ating entity, such alien— (aa) associates with a new commer- cial enterprise in good standing; and (bb) invests additional investment capital solely to the extent necessary to satisfy remaining job creation re- quirements under subparagraph (A)(ii). (iii) Amendments (I) Filing requirement The Secretary shall permit a petition described in clause (i)(I) to be amended to allow such petition to meet the appli- cable eligibility requirements under clause (ii), or to notify the Secretary that a pending or approved petition con- tinues to meet the eligibility require- ments described in clause (ii) notwith- standing termination or debarment de- scribed in clause (i) if such amendment is filed not later than 180 days after the Secretary provides notification of termi- nation or debarment of a regional cen- ter, a new commercial enterprise, or a job-creating entity, as applicable. (II) Determination of eligibility For purposes of determining eligibility under subclause (I)— (aa) the Secretary shall permit amendments to the business plan, without such facts underlying the amendment being deemed a material change; and (bb) may deem any funds obtained or recovered by an alien investor, directly or indirectly, from claims against third parties, including insurance pro- ceeds, or any additional investment capital provided by the alien, to be such alien’s investment capital for the purposes of subparagraph (A) if such investment otherwise complies with the requirements under this paragraph and section 1186b of this title. (iv) Removal of conditions Aliens described in subclauses (I)(bb) and (II) of clause (ii) shall be eligible to have their conditions removed pursuant to sec- tion 1186b of this title beginning on the date that is 2 years after the date of the subsequent investment. (v) Remedies For petitions approved under clause (ii), including following an amendment filed under clause (iii), the Secretary— (I) shall retain the immigrant visa pri- ority date related to the original peti- tion and prevent age-out of derivative beneficiaries; and (II) may hold such petition in abeyance and extend any applicable deadlines under this paragraph. (vi) Exception If the Secretary has reason to believe that an alien was a knowing participant in the conduct that led to the termination of a regional center, new commercial enter- prise, or job-creating entity described in clause (i)— (I) the alien shall not be accorded any benefit under this subparagraph; and (II) the Secretary shall— (aa) notify the alien of such belief; and (bb) subject to section 1186b(b)(2) of this title, shall deny or initiate pro- ceedings to revoke the approval of such alien’s petition, application, or benefit (and that of any spouse or child, if applicable) described in this paragraph. (N) Threats to the national interest (i) Denial or revocation The Secretary of Homeland Security shall deny or revoke the approval of a peti- tion, application, or benefit described in this paragraph, including the documents described in clause (ii), if the Secretary de- termines, in the Secretary’s discretion, that the approval of such petition, applica- tion, or benefit is contrary to the national interest of the United States for reasons relating to threats to public safety or na- tional security. (ii) Documents The documents described in this clause are— (I) a certification, designation, or amendment to the designation of a re- gional center; (II) a petition seeking classification of an alien as an alien investor under this paragraph; (III) a petition to remove conditions under section 1186b of this title; (IV) an application for approval of a business plan in a new commercial enter- prise under subparagraph (F); or (V) a document evidencing conditional permanent resident status that was issued to an alien pursuant to section 1186b of this title. (iii) Debarment If a regional center, new commercial en- terprise, or job-creating entity has its des- ignation or participation in the program Page 107 TITLE 8—ALIENS AND NATIONALITY § 1153 under this paragraph terminated for rea- sons relating to public safety or national security, any person associated with such regional center, new commercial enter- prise, or job-creating entity, including an alien investor, shall be permanently barred from future participation in the program under this paragraph if the Sec- retary of Homeland Security, in the Sec- retary’s discretion, determines, by a pre- ponderance of the evidence, that such per- son was a knowing participant in the con- duct that led to the termination. (iv) Notice If the Secretary of Homeland Security determines that the approval of a petition, application, or benefit described in this paragraph should be denied or revoked pursuant to clause (i), the Secretary shall— (I) notify the relevant individual, re- gional center, or commercial entity of such determination; (II) deny or revoke such petition, ap- plication, or benefit or terminate the permanent resident status of the alien (and the alien spouse and alien children of such immigrant), as of the date of such determination; and (III) provide any United States-owned regional center, new commercial enter- prise, or job creating entity an expla- nation for such determination unless the relevant information is classified or dis- closure is otherwise prohibited under law. (v) Judicial review Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28 or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdic- tion to review a denial or revocation under this subparagraph. Nothing in this clause may be construed as precluding review of constitutional claims or questions of law raised upon a petition for review filed with an appropriate court of appeals in accord- ance with section 1252 of this title. (O) Fraud, misrepresentation, and criminal misuse (i) Denial or revocation Subject to subparagraph (M), the Sec- retary of Homeland Security shall deny or revoke the approval of a petition, applica- tion, or benefit described in this para- graph, including the documents described in subparagraph (N)(ii), if the Secretary determines, in the Secretary’s discretion, that such petition, application, or benefit was predicated on or involved fraud, de- ceit, intentional material misrepresenta- tion, or criminal misuse. (ii) Debarment If a regional center, new commercial en- terprise, or job-creating entity has its des- ignation or participation in the program under this paragraph terminated for rea- sons relating to fraud, intentional mate- rial misrepresentation, or criminal misuse, any person associated with such regional center, new commercial enterprise, or job- creating entity, including an alien inves- tor, shall be permanently barred from fu- ture participation in the program if the Secretary determines, in the Secretary’s discretion, by a preponderance of the evi- dence, that such person was a knowing participant in the conduct that led to the termination. (iii) Notice If the Secretary determines that the ap- proval of a petition, application, or benefit described in this paragraph should be de- nied or revoked pursuant to clause (i), the Secretary shall— (I) notify the relevant individual, re- gional center, or commercial entity of such determination; and (II) deny or revoke such petition, ap- plication, or benefit or terminate the permanent resident status of the alien (and the alien spouse and alien children of such immigrant), in accordance with clause (i), as of the date of such deter- mination. (P) Administrative appellate review (i) In general The Director of U.S. Citizenship and Im- migration Services shall provide an oppor- tunity for an administrative appellate re- view by the Administrative Appeals Office of U.S. Citizenship and Immigration Serv- ices of any determination made under this paragraph, including— (I) an application for regional center designation or regional center amend- ment; (II) an application for approval of a business plan filed under subparagraph (F); (III) a petition by an alien investor for status as an immigrant under this para- graph; (IV) the termination or suspension of any benefit accorded under this para- graph; and (V) any sanction imposed by the Sec- retary under this paragraph. (ii) Judicial review Subject to subparagraph (N)(v) and sec- tion 1252(a)(2) of this title, and notwith- standing any other provision of law (statu- tory or nonstatutory), including section 2241 of title 28 or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a determination under this para- graph until the regional center, its associ- ated entities, or the alien investor has ex- hausted all administrative appeals. (Q) Fund administration (i) In general Each new commercial enterprise shall deposit and maintain the capital invest- ment of each alien investor in a separate Page 108 TITLE 8—ALIENS AND NATIONALITY § 1153 account, including amounts held in es- crow. (ii) Use of funds Amounts in a separate account may only— (I) be transferred to another separate account or a job creating entity; (II) otherwise be deployed into the cap- ital investment project for which the funds were intended; or (III) be transferred to the alien inves- tor who contributed the funds as a re- fund of that investor’s capital invest- ment, if otherwise permitted under this paragraph. (iii) Deployment of funds into an affiliated job-creating entity If amounts are transferred to an affili- ated job-creating entity pursuant to clause (ii)(I)— (I) the affiliated job-creating entity shall maintain such amounts in a sepa- rate account until they are deployed into the capital investment project for which they were intended; and (II) not later than 30 days after such amounts are deployed pursuant to sub- clause (I), the affiliated job-creating en- tity shall provide written notice to the fund administrator retained pursuant to clause (iv) that a construction consult- ant or other individual authorized by the Secretary has verified that such amounts have been deployed into the project. (iv) Fund administrator Except as provided in clause (v), the new commercial enterprise shall retain a fund administrator to fulfill the requirements under this subparagraph. The fund admin- istrator— (I) shall be independent of, and not di- rectly related to, the new commercial enterprise, the regional center associ- ated with the new commercial enter- prise, the job creating entity, or any of the principals or managers of such enti- ties; (II) shall be licensed, active, and in good standing as— (aa) a certified public accountant; (bb) an attorney; (cc) a broker-dealer or investment adviser registered with the Securities and Exchange Commission; or (dd) an individual or company that otherwise meets such requirements as may be established by the Secretary; (III) shall monitor and track any transfer of amounts from the separate account; (IV) shall serve as a cosignatory on all separate accounts; (V) before any transfer of amounts from a separate account, shall— (aa) verify that the transfer complies with all governing documents, includ- ing organizational, operational, and in- vestment documents; and (bb) approve such transfer with a written or electronic signature; (VI) shall periodically provide each alien investor with information about the activity of the account in which the investor’s capital investment is held, in- cluding— (aa) the name and location of the bank or financial institution at which the account is maintained; (bb) the history of the account; and (cc) any additional information re- quired by the Secretary; and (VII) shall make and preserve, during the 5-year period beginning on the last day of the Federal fiscal year in which any transactions occurred, books, ledg- ers, records, and other documentation necessary to comply with this clause, which shall be provided to the Secretary upon request. (v) Waiver (I) Waiver permitted The Secretary of Homeland Security, after consultation with the Securities and Exchange Commission, may waive the requirements under clause (iv) for any new commercial enterprise or affili- ated job-creating entity that is con- trolled by or under common control of an investment adviser or broker-dealer that is registered with the Securities and Exchange Commission if the Secretary, in the Secretary’s discretion, determines that the Securities and Exchange Com- mission provides comparable protections and transparency for alien investors as the protections and transparency pro- vided under clause (iv). (II) Waiver required The Secretary of Homeland Security shall waive the requirements under clause (iv) for any new commercial en- terprise that commissions an annual independent financial audit of such new commercial enterprise or job creating entity conducted in accordance with Generally Accepted Auditing Standards, which audit shall be provided to the Sec- retary and all investors in the new com- mercial enterprise. (vi) Defined term In this subparagraph, the term ‘‘separate account’’ means an account that— (I) is maintained in the United States by a new commercial enterprise or job creating entity at a federally regulated bank or at another financial institution (as defined in section 20 of title 18) in the United States; (II) is insured; and (III) contains only the pooled invest- ment funds of alien investors in a new commercial enterprise with respect to a single capital investment project. (R) Required checks Any petition filed by an alien under sec- tion 1154(a)(1)(H) of this title may not be ap- Page 109 TITLE 8—ALIENS AND NATIONALITY § 1153 proved under this paragraph unless the Sec- retary of Homeland Security has searched for the alien and any associated employer of such alien on the Specially Designated Na- tionals List of the Department of the Treas- ury Office of Foreign Assets Control. (S) Protection from expired legislation Notwithstanding the expiration of legisla- tion authorizing the regional center pro- gram under subparagraph (E), the Secretary of Homeland Security— (i) shall continue processing petitions under sections 1154(a)(1)(H) and 1186b of this title based on an investment in a new commercial enterprise associated with a regional center that were filed on or before September 30, 2026; (ii) may not deny a petition described in clause (i) based on the expiration of such legislation; and (iii) may not suspend or terminate the allocation of visas to the beneficiaries of approved petitions described in clause (i). (6) Special rules for ‘‘K’’ special immigrants (A) Not counted against numerical limitation in year involved Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 1101(a)(27)(K) of this title in a fiscal year shall not be subject to the numerical limitations of this sub- section or of section 1152(a) of this title. (B) Counted against numerical limitations in following year (i) Reduction in employment-based immi- grant classifications The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1⁄3 of the number of visas made available in the pre- vious fiscal year to special immigrants de- scribed in section 1101(a)(27)(K) of this title. (ii) Reduction in per country level The number of visas made available in each fiscal year to natives of a foreign state under section 1152(a) of this title shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 1101(a)(27)(K) of this title who are natives of the foreign state. (iii) Reduction in employment-based immi- grant classifications within per country ceiling In the case of a foreign state subject to section 1152(e) of this title in a fiscal year (and in the previous fiscal year), the num- ber of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1⁄3 of the number of visas made available in the previous fiscal year to spe- cial immigrants described in section 1101(a)(27)(K) of this title who are natives of the foreign state. (c) Diversity immigrants (1) In general Except as provided in paragraph (2), aliens subject to the worldwide level specified in sec- tion 1151(e) of this title for diversity immi- grants shall be allotted visas each fiscal year as follows: (A) Determination of preference immigration The Attorney General shall determine for the most recent previous 5-fiscal-year period for which data are available, the total num- ber of aliens who are natives of each foreign state and who (i) were admitted or otherwise provided lawful permanent resident status (other than under this subsection) and (ii) were subject to the numerical limitations of section 1151(a) of this title (other than para- graph (3) thereof) or who were admitted or otherwise provided lawful permanent resi- dent status as an immediate relative or other alien described in section 1151(b)(2) of this title. (B) Identification of high-admission and low- admission regions and high-admission and low-admission states The Attorney General— (i) shall identify— (I) each region (each in this paragraph referred to as a ‘‘high-admission region’’) for which the total of the numbers deter- mined under subparagraph (A) for states in the region is greater than 1⁄6 of the total of all such numbers, and (II) each other region (each in this paragraph referred to as a ‘‘low-admis- sion region’’); and (ii) shall identify— (I) each foreign state for which the number determined under subparagraph (A) is greater than 50,000 (each such state in this paragraph referred to as a ‘‘high- admission state’’), and (II) each other foreign state (each such state in this paragraph referred to as a ‘‘low-admission state’’). (C) Determination of percentage of world- wide immigration attributable to high- admission regions The Attorney General shall determine the percentage of the total of the numbers deter- mined under subparagraph (A) that are num- bers for foreign states in high-admission re- gions. (D) Determination of regional populations excluding high-admission states and ra- tios of populations of regions within low- admission regions and high-admission re- gions The Attorney General shall determine— (i) based on available estimates for each region, the total population of each region not including the population of any high- admission state; (ii) for each low-admission region, the ratio of the population of the region deter- mined under clause (i) to the total of the populations determined under such clause for all the low-admission regions; and Page 110 TITLE 8—ALIENS AND NATIONALITY § 1153 (iii) for each high-admission region, the ratio of the population of the region deter- mined under clause (i) to the total of the populations determined under such clause for all the high-admission regions. (E) Distribution of visas (i) No visas for natives of high-admission states The percentage of visas made available under this paragraph to natives of a high- admission state is 0. (ii) For low-admission states in low-admis- sion regions Subject to clauses (iv) and (v), the per- centage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a low-admission region is the product of— (I) the percentage determined under subparagraph (C), and (II) the population ratio for that region determined under subparagraph (D)(ii). (iii) For low-admission states in high-ad- mission regions Subject to clauses (iv) and (v), the per- centage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a high-admis- sion region is the product of— (I) 100 percent minus the percentage determined under subparagraph (C), and (II) the population ratio for that region determined under subparagraph (D)(iii). (iv) Redistribution of unused visa numbers If the Secretary of State estimates that the number of immigrant visas to be issued to natives in any region for a fiscal year under this paragraph is less than the number of immigrant visas made available to such natives under this paragraph for the fiscal year, subject to clause (v), the excess visa numbers shall be made avail- able to natives (other than natives of a high-admission state) of the other regions in proportion to the percentages otherwise specified in clauses (ii) and (iii). (v) Limitation on visas for natives of a sin- gle foreign state The percentage of visas made available under this paragraph to natives of any sin- gle foreign state for any fiscal year shall not exceed 7 percent. (F) ‘‘Region’’ defined Only for purposes of administering the di- versity program under this subsection, Northern Ireland shall be treated as a sepa- rate foreign state, each colony or other com- ponent or dependent area of a foreign state overseas from the foreign state shall be treated as part of the foreign state, and the areas described in each of the following clauses shall be considered to be a separate region: (i) Africa. (ii) Asia. (iii) Europe. (iv) North America (other than Mexico). (v) Oceania. (vi) South America, Mexico, Central America, and the Caribbean. (2) Requirement of education or work experi- ence An alien is not eligible for a visa under this subsection unless the alien— (A) has at least a high school education or its equivalent, or (B) has, within 5 years of the date of appli- cation for a visa under this subsection, at least 2 years of work experience in an occu- pation which requires at least 2 years of training or experience. (3) Maintenance of information The Secretary of State shall maintain infor- mation on the age, occupation, education level, and other relevant characteristics of im- migrants issued visas under this subsection. (d) Treatment of family members A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be enti- tled to the same status, and the same order of consideration provided in the respective sub- section, if accompanying or following to join, the spouse or parent. (e) Order of consideration (1) Immigrant visas made available under sub- section (a) or (b) shall be issued to eligible im- migrants in the order in which a petition in be- half of each such immigrant is filed with the At- torney General (or in the case of special immi- grants under section 1101(a)(27)(D) of this title, with the Secretary of State) as provided in sec- tion 1154(a) of this title. (2) Immigrant visa numbers made available under subsection (c) (relating to diversity immi- grants) shall be issued to eligible qualified im- migrants strictly in a random order established by the Secretary of State for the fiscal year in- volved. (3) Waiting lists of applicants for visas under this section shall be maintained in accordance with regulations prescribed by the Secretary of State. (f) Authorization for issuance In the case of any alien claiming in his appli- cation for an immigrant visa to be described in section 1151(b)(2) of this title or in subsection (a), (b), or (c) of this section, the consular officer shall not grant such status until he has been au- thorized to do so as provided by section 1154 of this title. (g) Lists For purposes of carrying out the Secretary’s responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply Page 111 TITLE 8—ALIENS AND NATIONALITY § 1153 for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien’s control. (h) Rules for determining whether certain aliens are children (1) In general For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 1101(b)(1) of this title shall be made using— (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immi- grant visa number became available for the alien’s parent), but only if the alien has sought to acquire the status of an alien law- fully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period dur- ing which the applicable petition described in paragraph (2) was pending. (2) Petitions described The petition described in this paragraph is— (A) with respect to a relationship de- scribed in subsection (a)(2)(A), a petition filed under section 1154 of this title for clas- sification of an alien child under subsection (a)(2)(A); or (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 1154 of this title for classification of the alien’s parent under subsection (a), (b), or (c). (3) Retention of priority date If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), the alien’s petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition. (4) Application to self-petitions Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-peti- tioners. (5) Age determination for children of alien in- vestors An alien who has reached 21 years of age and has been 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 sec- tion 1186b of this title or subsection (b)(5)(M), shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under sub- section (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 reaches 21 years of age. (June 27, 1952, ch. 477, title II, ch. 1, § 203, 66 Stat. 178; Pub. L. 85–316, § 3, Sept. 11, 1957, 71 Stat. 639; Pub. L. 86–363, §§ 1–3, Sept. 22, 1959, 73 Stat. 644; Pub. L. 89–236, § 3, Oct. 3, 1965, 79 Stat. 912; Pub. L. 94–571, § 4, Oct. 20, 1976, 90 Stat. 2705; Pub. L. 95–412, § 3, Oct. 5, 1978, 92 Stat. 907; Pub. L. 95–417, § 1, Oct. 5, 1978, 92 Stat. 917; Pub. L. 96–212, title II, § 203(c), (i), Mar. 17, 1980, 94 Stat. 107, 108; Pub. L. 101–649, title I, §§ 111, 121(a), 131, 162(a)(1), title VI, § 603(a)(3), Nov. 29, 1990, 104 Stat. 4986, 4987, 4997, 5009, 5082; Pub. L. 102–110, § 2(b), Oct. 1, 1991, 105 Stat. 555; Pub. L. 102–232, title III, § 302(b)(2), (e)(3), Dec. 12, 1991, 105 Stat. 1743, 1745; Pub. L. 103–416, title II, §§ 212(b), 219(c), Oct. 25, 1994, 108 Stat. 4314, 4316; Pub. L. 106–95, § 5, Nov. 12, 1999, 113 Stat. 1318; Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 117], Nov. 29, 1999, 113 Stat. 1535, 1501A–21; Pub. L. 106–536, § 1(b)(1), Nov. 22, 2000, 114 Stat. 2560; Pub. L. 107–208, § 3, Aug. 6, 2002, 116 Stat. 928; Pub. L. 107–273, div. C, title I, §§ 11035, 11036(a), Nov. 2, 2002, 116 Stat. 1846; Pub. L. 109–162, title VIII, § 805(b)(2), Jan. 5, 2006, 119 Stat. 3056; Pub. L. 117–103, div. BB, §§ 102(a), (b), 103(b)(1), (c)(1), 108, Mar. 15, 2022, 136 Stat. 1070, 1074, 1075, 1100, 1109.) Editorial Notes REFERENCES IN TEXT The enactment date of this subsection, referred to in subsec. (b)(2)(B)(ii)(IV), probably means the date of en- actment of Pub. L. 106–95, which amended subsec. (b)(2)(B) of this section generally, and which was ap- proved Nov. 12, 1999. The Securities Act of 1933, referred to in subsec. (b)(5)(F)(i)(III), is title I of act May 27, 1933, ch. 38, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables. This chapter, referred to in subsec. (b)(5)(F)(v)(I)(bb), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 2022—Subsec. (b)(5)(A)(i). Pub. L. 117–103, § 102(a)(1)(A), substituted ‘‘(C) and which is expected to remain in- vested for not less than 2 years; and’’ for ‘‘(C), and’’. Subsec. (b)(5)(A)(ii). Pub. L. 117–103, § 102(a)(1)(B), sub- stituted ‘‘by creating’’ for ‘‘and create’’ and inserted ‘‘, United States nationals,’’ after ‘‘citizens’’. Subsec. (b)(5)(B). Pub. L. 117–103, § 102(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to set-aside for targeted employment areas. Subsec. (b)(5)(C)(i). Pub. L. 117–103, § 102(a)(3)(A), sub- stituted ‘‘$1,050,000’’ for ‘‘$1,000,000. The Attorney Gen- eral, in consultation with the Secretary of Labor and the Secretary of State, may from time to time pre- scribe regulations increasing the dollar amount speci- fied under the previous sentence’’. Subsec. (b)(5)(C)(ii). Pub. L. 117–103, § 102(a)(3)(B), amended cl. (ii) generally. Prior to amendment, text read as follows: ‘‘The Attorney General may, in the case of investment made in a targeted employment Page 112 TITLE 8—ALIENS AND NATIONALITY § 1153 area, specify an amount of capital required under sub- paragraph (A) that is less than (but not less than 1⁄2 of) the amount specified in clause (i).’’ Subsec. (b)(5)(C)(iii). Pub. L. 117–103, § 102(a)(3)(D), added cl. (iii). Former cl. (iii) redesignated (iv). Subsec. (b)(5)(C)(iv). Pub. L. 117–103, § 102(a)(3)(C), (E), redesignated cl. (iii) as (iv) and, in concluding provi- sions, substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney General’’ and inserted ‘‘, as adjusted under clause (iii)’’ before period at end. Subsec. (b)(5)(D). Pub. L. 117–103, § 102(a)(4), amended subpar. (D) generally. Prior to amendment, subpar. (D) defined ‘‘full-time employment’’. Subsec. (b)(5)(E) to (Q). Pub. L. 117–103, § 103(b)(1), added subpars. (E) to (Q). Subsec. (b)(5)(R). Pub. L. 117–103, § 103(c)(1), added sub- par. (R). Subsec. (b)(5)(S). Pub. L. 117–103, § 108, added subpar. (S). Subsec. (h)(5). Pub. L. 117–103, § 102(b), added par. (5). 2006—Subsec. (h)(4). Pub. L. 109–162 added par. (4). 2002—Subsec. (b)(5)(A). Pub. L. 107–273, § 11036(a)(1)(A), substituted ‘‘enterprise (including a limited partner- ship)—’’ for ‘‘enterprise—’’ in introductory provisions. Subsec. (b)(5)(A)(i) to (iii). Pub. L. 107–273, § 11036(a)(1)(B), (C), redesignated cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which read as follows: ‘‘which the alien has estab- lished,’’. Subsec. (b)(5)(B)(i). Pub. L. 107–273, § 11036(a)(2), sub- stituted ‘‘invest in’’ for ‘‘establish’’. Subsec. (b)(5)(D). Pub. L. 107–273, § 11035, added sub- par. (D). Subsec. (h). Pub. L. 107–208 added subsec. (h). 2000—Subsec. (b)(4). Pub. L. 106–536 inserted before pe- riod at end ‘‘, and not more than 100 may be made available in any fiscal year to special immigrants, ex- cluding spouses and children, who are described in sec- tion 1101(a)(27)(M) of this title’’. 1999—Subsec. (b)(2)(B). Pub. L. 106–95 and Pub. L. 106–113 amended subpar. (B) generally in substantially identical manner. Pub. L. 106–95 provided headings. Text is based on Pub. L. 106–113. Prior to amendment, text read as follows: ‘‘The Attorney General may, when he deems it to be in the national interest, waive the re- quirement of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States.’’ 1994—Subsec. (b)(5)(B), (C). Pub. L. 103–416, § 219(c), substituted ‘‘Targeted’’ and ‘‘targeted’’ for ‘‘Targetted’’ and ‘‘targetted’’, respectively, wherever appearing in headings and text. Subsec. (b)(6)(C). Pub. L. 103–416, § 212(b), struck out subpar. (C) which related to application of separate nu- merical limitations. 1991—Subsec. (b)(1). Pub. L. 102–232, § 302(b)(2)(A), sub- stituted ‘‘28.6 percent of such worldwide level’’ for ‘‘40,000’’. Subsec. (b)(1)(C). Pub. L. 102–232, § 302(b)(2)(B), sub- stituted ‘‘the alien seeks’’ for ‘‘who seeks’’. Subsec. (b)(2)(A). Pub. L. 102–232, § 302(b)(2)(A), sub- stituted ‘‘28.6 percent of such worldwide level’’ for ‘‘40,000’’. Subsec. (b)(2)(B). Pub. L. 102–232, § 302(b)(2)(D), in- serted ‘‘professions,’’ after ‘‘arts,’’. Subsec. (b)(3)(A). Pub. L. 102–232, § 302(b)(2)(A), sub- stituted ‘‘28.6 percent of such worldwide level’’ for ‘‘40,000’’. Subsec. (b)(4), (5)(A). Pub. L. 102–232, § 302(b)(2)(C), substituted ‘‘7.1 percent of such worldwide level’’ for ‘‘10,000’’. Subsec. (b)(6). Pub. L. 102–110 added par. (6). Subsec. (f). Pub. L. 102–232, § 302(e)(3), substituted ‘‘Authorization for issuance’’ for ‘‘Presumption’’ in heading, struck out at beginning ‘‘Every immigrant shall be presumed not to be described in subsection (a) or (b) of this section, section 1101(a)(27) of this title, or section 1151(b)(2) of this title, until the immigrant es- tablishes to the satisfaction of the consular officer and the immigration officer that the immigrant is so de- scribed.’’, and substituted ‘‘1151(b)(2) of this title or in subsection (a), (b), or (c)’’ for ‘‘1151(b)(1) of this title or in subsection (a) or (b)’’. 1990—Subsec. (a). Pub. L. 101–649, § 111(2), added sub- sec. (a) and struck out former subsec. (a) which related to allocation of visas of aliens subject to section 1151(a) limitations. Subsec. (a)(7). Pub. L. 101–649, § 603(a)(3), substituted ‘‘section 1182(a)(5) of this title’’ for ‘‘section 1182(a)(14) of this title’’. Subsec. (b). Pub. L. 101–649, §§ 111(1), 121(a), added sub- sec. (b) and redesignated former subsec. (b) as (d). Subsec. (c). Pub. L. 101–649, §§ 111(1), 131, added subsec. (c) and redesignated former subsec. (c) as (e). Subsec. (d). Pub. L. 101–649, § 162(a)(1), added subsec. (d) and struck out former subsec. (d) which related to order of consideration given applications for immigrant visas. Pub. L. 101–649, § 111(1), redesignated former subsec. (b) as (d). Former subsec. (d) redesignated (f). Subsec. (e). Pub. L. 101–649, § 162(a)(1), added subsec. (e) and struck out former subsec. (e) which related to order of issuance of immigrant visas. Pub. L. 101–649, § 111(1), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g). Subsec. (f). Pub. L. 101–649, § 162(a)(1), added subsec. (f) and struck out former subsec. (f) which related to pre- sumption of nonpreference status and grant of status by consular officers. Pub. L. 101–649, § 111(1), redesignated subsec. (d) as (f). Subsec. (g). Pub. L. 101–649, § 162(a)(1), added subsec. (g) and struck out former subsec. (g) which related to estimates of anticipated numbers of visas to be issued, termination and reinstatement of registration of aliens, and revocation of approval of petition. Pub. L. 101–649, § 111(1), redesignated subsec. (e) as (g). 1980—Subsec. (a). Pub. L. 96–212, § 203(c)(1)–(6), in in- troductory text struck out applicability to conditional entry, in par. (2) substituted ‘‘(26)’’ for ‘‘(20)’’, struck out par. (7) relating to availability of conditional en- tries, redesignated former par. (8) as (7) and struck out applicability to number of conditional entries and visas available under former par. (7), and redesignated former par. (9) as (8) and substituted provisions relating to applicability of pars. (1) to (7) to visas, for provisions relating to applicability of pars. (1) to (8) to conditional entries. Subsec. (d). Pub. L. 96–212, § 203(c)(7), substituted ‘‘preference status under paragraphs (1) through (6)’’ for ‘‘preference status under paragraphs (1) through (7)’’. Subsec. (f). Pub. L. 96–212, § 203(c)(8), struck out sub- sec. (f) which related to reports to Congress of refugees conditionally entering the United States. Subsec. (g). Pub. L. 96–212, § 203(c)(8), struck out sub- sec. (g) which set forth provisions respecting inspection and examination of refugees after one year. Pub. L. 96–212, § 203(i), substituted provisions relating to inspection and examination of refugees after one year for provisions relating to inspection and examina- tion of refugees after two years. Subsec. (h). Pub. L. 96–212, § 203(c)(8), struck out sub- sec. (h) which related to the retroactive readjustment of refugee status as an alien lawfully admitted for per- manent residence. 1978—Subsec. (a)(1) to (7). Pub. L. 95–412 substituted ‘‘1151(a) of this title’’ for ‘‘1151(a)(1) or (2) of this title’’ wherever appearing. Subsec. (a)(8). Pub. L. 95–417 inserted provisions re- quiring a valid adoption home-study prior to the grant- ing of a nonpreference visa for children adopted abroad or coming for adoption by United States citizens and requiring that no other nonpreference visa be issued to an unmarried child under the age of 16 unless accom- panying or following to join his natural parents. 1976—Subsec. (a). Pub. L. 94–571, § 4(1)–(3), substituted ‘‘section 1151(a)(1) or (2) of this title’’ for ‘‘section 1151(a)(ii) of this title’’ in pars. (1) to (7); made visas available, in par. (3), to qualified immigrants whose services in the professions, sciences, or arts are sought Page 113 TITLE 8—ALIENS AND NATIONALITY § 1153 by an employer in the United States; and required, in par. (5), that the United States citizens be at least twenty-one years of age. Subsec. (e). Pub. L. 94–571, § 4(4), substituted provision requiring Secretary of State to terminate the registra- tion of an alien who fails to apply for an immigrant visa within one year following notification of the avail- ability of such visa, including provision for reinstate- ment of a registration upon establishment within two years following the notification that the failure to apply was due to circumstances beyond the alien’s con- trol for prior provision for discretionary termination of the registration on a waiting list of an alien failing to evidence continued intention to apply for a visa as pre- scribed by regulation and inserted provision for auto- matic revocation of approval of a petition approved under section 1154(b) of this title upon such termi- nation. 1965—Subsec. (a). Pub. L. 89–236 substituted provi- sions setting up preference priorities and percentage al- locations of the total numerical limitation for the ad- mission of qualified immigrants, consisting of unmar- ried sons or daughters of U.S. citizens (20 percent), hus- bands, wives, and unmarried sons or daughters of alien residents (20 percent plus any unused portion of class 1), members of professions, scientists, and artists (10 percent), married sons or daughters of U.S. citizens (10 percent plus any unused portions of classes 1–3), broth- ers or sisters of U.S. citizens (24 percent plus any un- used portions of classes 1 through 4), skilled or un- skilled persons capable of filling labor shortages in the United States (10 percent), refugees (6 percent), other- wise qualified immigrants (portion not used by classes 1 through 7), and allowing a spouse or child to be given the same status and order of consideration as the spouse or parent, for provisions spelling out the pref- erences under the quotas based on the previous na- tional origins quota systems. Subsec. (b). Pub. L. 89–236 substituted provisions re- quiring that consideration be given applications for im- migrant visas in the order in which the classes of which they are members are listed in subsec. (a), for provi- sions allowing issuance of quota immigrant visas under the previous national origins quota system in the order of filing in the first calendar month after receipt of no- tice of approval for which a quota number was avail- able. Subsec. (c). Pub. L. 89–236 substituted provisions re- quiring issuance of immigrant visas pursuant to para- graphs (1) through (6) of subsection (a) of this section in the order of filing of the petitions therefor with the Attorney General, for provisions which related to issuance of quota immigrant visas in designated classes in the order of registration in each class on quota wait- ing lists. Subsec. (d). Pub. L. 89–236 substituted provisions re- quiring each immigrant to establish his preference as claimed and prohibiting consular officers from granting status of immediate relative of a United States citizen or preference until authorized to do so, for provisions spelling out the order for consideration of applications for quota immigrant visas under the various prior classes. Subsec. (e). Pub. L. 89–236 substituted provisions au- thorizing Secretary of State to make estimates of an- ticipated members of visas issued and to terminate the waiting-list registration of any registrant failing to evidence a continued intention to apply for a visa, for provisions establishing a presumption of quota status for immigrants and requiring the immigrant to estab- lish any claim to a preference. Subsecs. (f) to (h). Pub. L. 89–236 added subsecs. (f) to (h). 1959—Subsec. (a)(2). Pub. L. 86–363, § 1, accorded adult unmarried sons or daughters of United States citizens second preference in the allocation of immigrant visas within quotas. Subsec. (a)(3). Pub. L. 86–363, § 2, substituted ‘‘unmar- ried sons or daughters’’ for ‘‘children’’. Subsec. (a)(4). Pub. L. 86–363, § 3, substituted ‘‘married sons or married daughters’’ for ‘‘sons, or daughters’’, increased percentage limitation from 25 to 50 per cen- tum, and made preference available to spouses and chil- dren of qualified quota immigrants if accompanying them. 1957—Subsec. (a)(1). Pub. L. 85–316 substituted ‘‘or fol- lowing to join him’’ for ‘‘him’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–103, div. BB, § 102(e), Mar. 15, 2022, 136 Stat. 1075, provided that: ‘‘The amendments made by this section [amending this section and section 1255 of this title] shall take effect on the date of the enactment of this Act [Mar. 15, 2022].’’ Pub. L. 117–103, div. BB, § 103(b)(2), Mar. 15, 2022, 136 Stat. 1100, provided that: ‘‘The amendment made by this subsection [amending this section] shall take ef- fect on the date that is 60 days after the date of the en- actment of this Act [Mar. 15, 2022].’’ Pub. L. 117–103, div. BB, § 103(c)(2), Mar. 15, 2022, 136 Stat. 1100, provided that: ‘‘The amendment made by this subsection [amending this section] shall take ef- fect on the date of the enactment of this Act [Mar. 15, 2022].’’ EFFECTIVE DATE OF 2002 AMENDMENTS Pub. L. 107–273, div. C, title I, § 11036(c), Nov. 2, 2002, 116 Stat. 1847, provided that: ‘‘The amendments made by this section [amending this section and section 1186b of this title] shall take effect on the date of the enact- ment of this Act [Nov. 2, 2002] and shall apply to aliens having any of the following petitions pending on or after the date of the enactment of this Act: ‘‘(1) A petition under section 204(a)(1)(H) of the Im- migration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor provision), with respect to status under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)). ‘‘(2) A petition under section 216A(c)(1)(A) of such Act (8 U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an alien’s permanent resident status.’’ Amendment by Pub. L. 107–208 effective Aug. 6, 2002, and applicable to certain beneficiary aliens, see section 8 of Pub. L. 107–208, set out as a note under section 1151 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–536, § 1(b)(2), Nov. 22, 2000, 114 Stat. 2561, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply to visas made avail- able in any fiscal year beginning on or after October 1, 2000.’’ EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 219(c) of Pub. L. 103–416 effec- tive as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1991 AMENDMENTS Amendment by Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. Amendment by Pub. L. 102–110 effective 60 days after Oct. 1, 1991, see section 2(d) of Pub. L. 102–110, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by sections 111, 121(a), 131, 162(a)(1) of Pub. L. 101–649 effective Oct. 1, 1991, and applicable be- ginning with fiscal year 1992, with general transition provisions, see section 161(a), (c) of Pub. L. 101–649, set out as a note under section 1101 of this title. Amendment by section 603(a)(3) of Pub. L. 101–649 ap- plicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title. Page 114 TITLE 8—ALIENS AND NATIONALITY § 1153 EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 203(c) of Pub. L. 96–212 effec- tive, except as otherwise provided, Apr. 1, 1980, and amendment by section 203(i) of Pub. L. 96–212 effective immediately before Apr. 1, 1980, see section 204 of Pub. L. 96–212, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89–236, see section 20 of Pub. L. 89–236, set out as a note under section 1151 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. VISA AVAILABILITY FOR GOVERNMENT EMPLOYEE IMMIGRANT VISA PROGRAM Pub. L. 118–31, div. E, title LI, § 5104(a), (b), (d), Dec. 22, 2023, 137 Stat. 938, 939, provided that: ‘‘(a) IN GENERAL.—Beginning in fiscal year 2024, sub- ject to subsection (b), visas shall be made available to a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) if a visa is not immediately available for issuance to the special immigrant under section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4)). ‘‘(b) NUMERICAL LIMITATIONS.— ‘‘(1) FISCAL YEAR 2024.—For fiscal year 2024, not more than 3,500 visas shall be made available under subsection (a). ‘‘(2) SUBSEQUENT FISCAL YEARS.—For fiscal year 2025 and each fiscal year thereafter, not more than 3,000 visas shall be made available under subsection (a). ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section [enacting this note and amending provisions set out as a note under section 1151 of this title] or the amend- ments made by this section may be construed to mod- ify the number of visas available under section 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) to special immigrants described in section 101(a)(27)(D) of that Act (8 U.S.C. 1101(a)(27)(D)).’’ ENHANCED PAY SCALE FOR CERTAIN FEDERAL EMPLOY- EES ADMINISTERING THE EMPLOYMENT CREATION PRO- GRAM Pub. L. 117–103, div. BB, § 102(c), Mar. 15, 2022, 136 Stat. 1075, provided that: ‘‘The Secretary of Homeland Secu- rity may establish, fix the compensation of, and ap- point individuals to designated critical, 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).’’ ADJUDICATION OF PETITIONS Pub. L. 117–103, div. BB, § 105(c), Mar. 15, 2022, 136 Stat. 1103, provided that: ‘‘The Secretary of Homeland Secu- rity shall continue to adjudicate petitions and benefits under sections 203(b)(5) and 216A of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b) dur- ing the implementation of this Act [see Short Title of 2022 Amendment note set out under section 1101 of this title] and the amendments made by this Act.’’ TIMELY PROCESSING Pub. L. 117–103, div. BB, § 106, Mar. 15, 2022, 136 Stat. 1103, provided that: ‘‘(a) FEE STUDY.—Not later than 1 year after the date of the enactment of this Act [Mar. 15, 2022], the Direc- tor of U.S. Citizenship and Immigration Services shall complete a study of fees charged in the administration of the program described in sections 203(b)(5) and 216A of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b). ‘‘(b) ADJUSTMENT OF FEES TO ACHIEVE EFFICIENT PROCESSING.—Notwithstanding section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), and except as provided under subsection (c), the Direc- tor, not later than 60 days after the completion of the study under subsection (a), shall set fees for services provided under sections 203(b)(5) and 216A of such Act (8 U.S.C. 1153(b)(5) and 1186b) at a level sufficient to en- sure the full recovery only of the costs of providing such services, including the cost of attaining the goal of completing adjudications, on average, not later than— ‘‘(1) 180 days after receiving a proposal for the es- tablishment of a regional center described in section 203(b)(5)(E) of such Act; ‘‘(2) 180 days after receiving an application for ap- proval of an investment in a new commercial enter- prise described in section 203(b)(5)(F) of such Act; ‘‘(3) 90 days after receiving an application for ap- proval of an investment in a new commercial enter- prise described in section 203(b)(5)(F) of such Act that is located in a targeted employment area (as defined in section 203(b)(5)(D) of such Act); ‘‘(4) 240 days after receiving a petition from an alien desiring to be classified under section 203(b)(5)(E) of such Act; ‘‘(5) 120 days after receiving a petition from an alien desiring to be classified under section 203(b)(5)(E) of such Act with respect to an investment in a targeted employment area (as defined in section 203(b)(5)(D) of such Act); and ‘‘(6) 240 days after receiving a petition from an alien for removal of conditions described in section 216A(c) of such Act. ‘‘(c) ADDITIONAL FEES.—Fees in excess of the fee lev- els described in subsection (b) may be charged only— ‘‘(1) in an amount that is equal to the amount paid by all other classes of fee-paying applicants for immi- gration-related benefits, to contribute to the cov- erage or reduction of the costs of processing or adju- dicating classes of immigration benefit applications that Congress, or the Secretary of Homeland Security in the case of asylum applications, has authorized to be processed or adjudicated at no cost or at a reduced cost to the applicant; and ‘‘(2) in an amount that is not greater than 1 percent of the fee for filing a petition under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), to make improvements to the information technology systems used by the Secretary of Home- land Security to process, adjudicate, and archive ap- plications and petitions under such section, including the conversion to electronic format of documents filed by petitioners and applicants for benefits under such section. ‘‘(d) EXEMPTION FROM PAPERWORK REDUCTION ACT.— During the 1-year period beginning on the date of the enactment of this Act [Mar. 15, 2022], the requirements under chapter 35 of title 44, United States Code, shall not apply to any collection of information required under this division [see Short Title of 2022 Amendment note set out under section 1101 of this title], any amendment made by this division, or any rule promul- gated by the Secretary of Homeland Security to imple- ment this division or the amendments made by this di- vision, to the extent that the Secretary determines that compliance with such requirements would impede the expeditious implementation of this division or the amendments made by this division. ‘‘(e) RULE OF CONSTRUCTION REGARDING ADJUDICATION DELAYS.—Nothing in this division may be construed to limit the authority of the Secretary of Homeland Secu- rity to suspend the adjudication of any application or petition under section 203(b)(5) or 216A of the Immigra- tion and Nationality Act (8 U.S.C. 1153(b)(5) and 1186b) Page 115 TITLE 8—ALIENS AND NATIONALITY § 1153 pending the completion of a national security or law enforcement investigation relating to such application or petition. ‘‘(f) RULE OF CONSTRUCTION REGARDING MODIFICATION OF FEES.—Nothing in this section may be construed to require any modification of fees before the completion of— ‘‘(1) the fee study described in subsection (a); or ‘‘(2) regulations promulgated by the Secretary of Homeland Security, in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly known as the ‘Administrative Pro- cedure Act’), to carry out subsections (b) and (c).’’ GAO STUDY Pub. L. 108–156, § 5, Dec. 3, 2003, 117 Stat. 1945, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Dec. 3, 2003], the Govern- ment Accountability Office shall report to Congress on the immigrant investor program created under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)). ‘‘(b) CONTENTS.—The report described in subsection (a) shall include information regarding— ‘‘(1) the number of immigrant investors that have received visas under the immigrant investor program in each year since the inception of the program; ‘‘(2) the country of origin of the immigrant inves- tors; ‘‘(3) the localities where the immigrant investors are settling and whether those investors generally re- main in the localities where they initially settle; ‘‘(4) the number of immigrant investors that have sought to become citizens of the United States; ‘‘(5) the types of commercial enterprises that the immigrant investors have established; and ‘‘(6) the types and number of jobs created by the immigrant investors.’’ RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS Pub. L. 106–313, title I, § 106(d), Oct. 17, 2000, 114 Stat. 1254, as amended by Pub. L. 109–13, div. B, title V, § 502, May 11, 2005, 119 Stat. 322, provided that: ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, the number of employment-based visas (as defined in paragraph (3)) made available for a fiscal year (beginning with fiscal year 2001) shall be increased by the number described in paragraph (2). Visas made available under this subsection shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immi- gration and Nationality Act [8 U.S.C. 1153(b)] and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001, 2002, 2003, or 2004 and the number of such visas that were actually used in such fiscal year shall be available only to em- ployment-based immigrants (and their family members accompanying or following to join under section 203(d) of such Act (8 U.S.C. 1153(d))) whose immigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor. ‘‘(2) NUMBER AVAILABLE.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the number described in this paragraph is the difference between the number of employment-based visas that were made available in fiscal years 1999 through 2004 and the number of such visas that were actually used in such fiscal years. ‘‘(B)(i) REDUCTION.—The number described in sub- paragraph (A) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas actually used under paragraph (1) for previous fiscal years. ‘‘(ii) MAXIMUM.—The total number of visas made available under paragraph (1) from unused visas from the fiscal years 2001 through 2004 may not exceed 50,000. ‘‘(C) CONSTRUCTION.—Nothing in this paragraph shall be construed as affecting the application of sec- tion 201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)). ‘‘(3) EMPLOYMENT-BASED VISAS DEFINED.—For purposes of this subsection, the term ‘employment-based visa’ means an immigrant visa which is issued pursuant to the numerical limitation under section 203(b) of the Im- migration and Nationality Act (8 U.S.C. 1153(b)).’’ TEMPORARY REDUCTION IN WORKERS’ VISAS Pub. L. 105–100, title II, § 203(e), Nov. 19, 1997, 111 Stat. 2199, as amended by Pub. L. 105–139, § 1(e), Dec. 2, 1997, 111 Stat. 2645, provided that: ‘‘(1) Beginning in the fiscal year following the fiscal year in which a visa has been made available under sec- tion 203(b)(3)(A)(iii) of the Immigration and Nationality Act [8 U.S.C. 1153(b)(3)(A)(iii)] for all aliens who are the beneficiary of a petition approved under section 204 of such Act [8 U.S.C. 1154] as of the date of the enactment of this Act [Nov. 19, 1997] for classification under sec- tion 203(b)(3)(A)(iii) of such Act, subject to paragraph (2), visas available under section 203(b)(3)(A)(iii) of that Act shall be reduced by 5,000 from the number of visas otherwise available under that section for such fiscal year. ‘‘(2) In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which— ‘‘(A) the number computed under subsection (d)(2)(A) [section 203(d)(2)(A) of Pub. L. 105–100, 8 U.S.C. 1151 note]; exceeds ‘‘(B) the total of the reductions in available visas under this subsection for all previous fiscal years.’’ DIVERSITY IMMIGRANT LOTTERY FEE Pub. L. 104–208, div. C, title VI, § 636, Sept. 30, 1996, 110 Stat. 3009–703, as amended by Pub. L. 115–31, div. J, title VII, § 7081(d), May 5, 2017, 131 Stat. 716, provided that: ‘‘The Secretary of State may establish a fee to be paid by each applicant for an immigrant visa described in section 203(c) of the Immigration and Nationality Act [8 U.S.C. 1153(c)]. Such fee may be set at a level that will ensure recovery of the cost to the Department of State of allocating visas under such section, including the cost of processing all applications thereunder. All fees collected under this section shall be used for pro- viding consular services. All fees collected under this section shall be deposited in the Consular and Border Security Programs account and shall remain available for obligations until expended. The provisions of the Act of August 18, 1856 (11 Stat. 58; 22 U.S.C. 4212–4214), concerning accounting for consular fees, shall not apply to fees collected under this section.’’ ELIGIBILITY FOR VISAS FOR POLISH APPLICANTS FOR 1995 DIVERSITY IMMIGRANT PROGRAM Pub. L. 104–208, div. C, title VI, § 637, Sept. 30, 1996, 110 Stat. 3009–704, provided that: ‘‘(a) IN GENERAL.—The Attorney General, in consulta- tion with the Secretary of State, shall include among the aliens selected for diversity immigrant visas for fis- cal year 1997 pursuant to section 203(c) of the Immigra- tion and Nationality Act [8 U.S.C. 1153(c)] any alien who, on or before September 30, 1995— ‘‘(1) was selected as a diversity immigrant under such section for fiscal year 1995; ‘‘(2) applied for adjustment of status to that of an alien lawfully admitted for permanent residence pur- suant to section 245 of such Act [8 U.S.C. 1255] during fiscal year 1995, and whose application, and any asso- ciated fees, were accepted by the Attorney General, in accordance with applicable regulations; ‘‘(3) was not determined by the Attorney General to be excludable under section 212 of such Act [8 U.S.C. 1182] or ineligible under section 203(c)(2) of such Act [8 U.S.C. 1153(c)(2)]; and ‘‘(4) did not become an alien lawfully admitted for permanent residence during fiscal year 1995. Page 116 TITLE 8—ALIENS AND NATIONALITY § 1153 ‘‘(b) PRIORITY.—The aliens selected under subsection (a) shall be considered to have been selected for diver- sity immigrant visas for fiscal year 1997 prior to any alien selected under any other provision of law. ‘‘(c) REDUCTION OF IMMIGRANT VISA NUMBER.—For purposes of applying the numerical limitations in sec- tions 201 and 203(c) of the Immigration and Nationality Act [8 U.S.C. 1151, 1153(c)], aliens selected under sub- section (a) who are granted an immigrant visa shall be treated as aliens granted a visa under section 203(c) of such Act.’’ SOVIET SCIENTISTS IMMIGRATION Pub. L. 107–228, div. B, title XIII, § 1304(d), Sept. 30, 2002, 116 Stat. 1437, provided that: ‘‘The Attorney Gen- eral shall consult with the Secretary, the Secretary of Defense, the Secretary of Energy, and the heads of other appropriate agencies of the United States regard- ing— ‘‘(1) previous experience in implementing the So- viet Scientists Immigration Act of 1992 [Pub. L. 102–509 set out below]; and ‘‘(2) any changes that those officials would rec- ommend in the regulations prescribed under that Act.’’ [For definition of ‘‘Secretary’’ as used in section 1304(d) of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of Title 22, Foreign Relations and Intercourse.] Pub. L. 102–509, Oct. 24, 1992, 106 Stat. 3316, as amend- ed by Pub. L. 107–228, div. B, title XIII, § 1304(a)–(c), Sept. 30, 2002, 116 Stat. 1436, 1437, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Soviet Scientists Im- migration Act of 1992’. ‘‘SEC. 2. DEFINITIONS. ‘‘For purposes of this Act— ‘‘(1) the term ‘Baltic states’ means the sovereign nations of Latvia, Lithuania, and Estonia; ‘‘(2) the term ‘independent states of the former So- viet Union’ means the sovereign nations of Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and ‘‘(3) the term ‘eligible independent states and Bal- tic scientists’ means aliens— ‘‘(A) who are nationals of any of the independent states of the former Soviet Union or the Baltic states; and ‘‘(B) who are scientists or engineers who have ex- pertise in nuclear, chemical, biological or other high technology fields or who are working on nu- clear, chemical, biological or other high-technology defense projects, as defined by the Attorney Gen- eral. ‘‘SEC. 3. WAIVER OF JOB OFFER REQUIREMENT. ‘‘The requirement in section 203(b)(2)(A) of the Immi- gration and Nationality Act (8 U.S.C. 1153(b)(2)(A)) that an alien’s services in the sciences, arts, or business be sought by an employer in the United States shall not apply to any eligible independent states or Baltic sci- entist who is applying for admission to the United States for permanent residence in accordance with that section. ‘‘SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS HAVING EXCEPTIONAL ABILITY. ‘‘(a) IN GENERAL.—The Attorney General shall des- ignate a class of eligible independent states and Baltic scientists, based on their level of expertise, as aliens who possess ‘exceptional ability in the sciences’, for purposes of section 203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)), whether or not such scientists possess advanced degrees. A scientist is not eligible for designation under this subsection if the scientist has previously been granted the status of an alien lawfully admitted for permanent residence (as de- fined in section 101(a)(20) of the Immigration and Na- tionality Act (8 U.S.C. 1101(a)(20)). ‘‘(b) REGULATIONS.—The Attorney General shall pre- scribe regulations to carry out subsection (a). ‘‘(c) LIMITATION.—Not more than 950 eligible inde- pendent states and Baltic scientists (excluding spouses and children if accompanying or following to join) within the class designated under subsection (a) may be allotted visas under section 203(b)(2)(A) of the Immigra- tion and Nationality Act (8 U.S.C. 1153(b)(2)(A)). ‘‘(d) DURATION OF AUTHORITY.—The authority under subsection (a) shall be in effect during the following pe- riods: ‘‘(1) The period beginning on the date of the enact- ment of this Act [Oct. 24, 1992] and ending 4 years after such date. ‘‘(2) The period beginning on the date of the enact- ment of the Security Assistance Act of 2002 [Sept. 30, 2002] and ending 4 years after such date.’’ IMMIGRATION PROGRAM Pub. L. 102–395, title VI, § 610, Oct. 6, 1992, 106 Stat. 1874, as amended by Pub. L. 105–119, title I, § 116(a), Nov. 26, 1997, 111 Stat. 2467; Pub. L. 106–396, § 402, Oct. 30, 2000, 114 Stat. 1647; Pub. L. 107–273, div. C, title I, § 11037(a), Nov. 2, 2002, 116 Stat. 1847; Pub. L. 108–156, § 4, Dec. 3, 2003, 117 Stat. 1945; Pub. L. 111–83, title V, § 548, Oct. 28, 2009, 123 Stat. 2177; Pub. L. 112–176, § 1, Sept. 28, 2012, 126 Stat. 1325, which related to an immigration program to implement section 203(b)(5) of the Immigration and Na- tionality Act (8 U.S.C. 1153(b)(5)), was repealed by Pub. L. 117–103, div. BB, § 103(a), Mar. 15, 2022, 136 Stat. 1075. TRANSITION FOR SPOUSES AND MINOR CHILDREN OF LEGALIZED ALIENS Pub. L. 101–649, title I, § 112, Nov. 29, 1990, 104 Stat. 4987, as amended by Pub. L. 102–232, title III, § 302(b)(1), Dec. 12, 1991, 105 Stat. 1743, provided that: ‘‘(a) ADDITIONAL VISA NUMBERS.— ‘‘(1) IN GENERAL.—In addition to any immigrant visas otherwise available, immigrant visa numbers shall be available in each of fiscal years 1992, 1993, and 1994 for spouses and children of eligible, legalized aliens (as defined in subsection (c)) in a number equal to 55,000 minus the number (if any) computed under paragraph (2) for the fiscal year. ‘‘(2) OFFSET.—The number computed under this paragraph for a fiscal year is the number (if any) by which— ‘‘(A) the sum of the number of aliens described in subparagraphs (A) and (B) of section 201(b)(2) of the Immigration and Nationality Act [8 U.S.C. 1151(b)(2)] (or, for fiscal year 1992, section 201(b) of such Act) who were issued immigrant visas or oth- erwise acquired the status of aliens lawfully admit- ted to the United States for permanent residence in the previous fiscal year, exceeds ‘‘(B) 239,000. ‘‘(b) ORDER.—Visa numbers under this section shall be made available in the order in which a petition, in behalf of each such immigrant for classification under section 203(a)(2) of the Immigration and Nationality Act [8 U.S.C. 1153(a)(2)], is filed with the Attorney Gen- eral under section 204 of such Act [8 U.S.C. 1154]. ‘‘(c) LEGALIZED ALIEN DEFINED.—In this section, the term ‘legalized alien’ means an alien lawfully admitted for permanent residence who was provided— ‘‘(1) temporary or permanent residence status under section 210 of the Immigration and Nationality Act [8 U.S.C. 1160], ‘‘(2) temporary or permanent residence status under section 245A of the Immigration and Nationality Act [8 U.S.C. 1255a], or ‘‘(3) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986 [Pub. L. 99–603, set out as a note under section 1255a of this title]. ‘‘(d) DEFINITIONS.—The definitions in the Immigra- tion and Nationality Act [8 U.S.C. 1101 et seq.] shall apply in the administration of this section.’’ Page 117 TITLE 8—ALIENS AND NATIONALITY § 1153 TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERATING IN HONG KONG Pub. L. 101–649, title I, § 124, Nov. 29, 1990, 104 Stat. 4996, as amended by Pub. L. 102–232, title III, § 302(b)(5), Dec. 12, 1991, 105 Stat. 1743, provided that: ‘‘(a) ADDITIONAL VISA NUMBERS.— ‘‘(1) TREATMENT OF PRINCIPALS.—In the case of any alien described in paragraph (3) (or paragraph (2) as the spouse or child of such an alien) with respect to whom a classification petition has been filed and ap- proved under subsection (b), there shall be made available, in addition to the immigrant visas other- wise available in each of fiscal years 1991 through 1993 and without regard to section 202(a) of the Immigra- tion and Nationality Act [8 U.S.C. 1152(a)], up to 12,000 additional immigrant visas. If the full number of such visas are not made available in fiscal year 1991 or 1992, the shortfall shall be added to the num- ber of such visas to be made available under this sec- tion in the succeeding fiscal year. ‘‘(2) DERIVATIVE RELATIVES.—A spouse or child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)(A), (B), (C), (D), (E)]) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or fol- lowing to join, the alien’s spouse or parent. ‘‘(3) EMPLOYEES OF CERTAIN UNITED STATES BUSI- NESSES OPERATING IN HONG KONG.—An alien is de- scribed in this paragraph if the alien— ‘‘(A) is a resident of Hong Kong and is employed in Hong Kong except for temporary absences at the request of the employer and has been employed in Hong Kong for at least 12 consecutive months as an officer or supervisor or in a capacity that is mana- gerial, executive, or involves specialized knowledge, by a business entity which (i) is owned and orga- nized in the United States (or is the subsidiary or affiliate of a business owned and organized in the United States), (ii) employs at least 100 employees in the United States and at least 50 employees out- side the United States, and (iii) has a gross annual income of at least $50,000,000, and ‘‘(B) has an offer of employment from such busi- ness entity in the United States as an officer or su- pervisor or in a capacity that is managerial, execu- tive, or involves specialized knowledge, which offer (i) is effective from the time of filing the petition for classification under this section through and in- cluding the time of entry into the United States and (ii) provides for salary and benefits comparable to the salary and benefits provided to others with similar responsibilities and experience within the same company. ‘‘(b) PETITIONS.—Any employer desiring and intend- ing to employ within the United States an alien de- scribed in subsection (a)(3) may file a petition with the Attorney General for such classification. No visa may be issued under subsection (a)(1) until such a petition has been approved. ‘‘(c) ALLOCATION.—Visa numbers made available under subsection (a) shall be made available in the order which petitions under subsection (b) are filed with the Attorney General. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) EXECUTIVE CAPACITY.—The term ‘executive ca- pacity’ has the meaning given such term in section 101(a)(44)(B) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(44)(B)], as added by section 123 of this Act. ‘‘(2) MANAGERIAL CAPACITY.—The term ‘managerial capacity’ has the meaning given such term in section 101(a)(44)(A) of the Immigration and Nationality Act, as added by section 123 of this Act. ‘‘(3) OFFICER.—The term ‘officer’ means, with re- spect to a business entity, the chairman or vice- chairman of the board of directors of the entity, the chairman or vice-chairman of the executive com- mittee of the board of directors, the president, any vice-president, any assistant vice-president, any sen- ior trust officer, the secretary, any assistant sec- retary, the treasurer, any assistant treasurer, any trust officer or associate trust officer, the controller, any assistant controller, or any other officer of the entity customarily performing functions similar to those performed by any of the above officers. ‘‘(4) SPECIALIZED KNOWLEDGE.—The term ‘special- ized knowledge’ has the meaning given such term in section 214(c)(2)(B) of the Immigration and Nation- ality Act [8 U.S.C. 1184(c)(2)(B)], as amended by sec- tion 206(b)(2) of this Act. ‘‘(5) SUPERVISOR.—The term ‘supervisor’ means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively recommend such action, if in connection with the foregoing the exercise of such authority is not merely of a routine or clerical nature, but requires the use of independent judgment.’’ [Section 124 of Pub. L. 101–649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note under sec- tion 1101 of this title.] DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF CERTAIN ADVERSELY AFFECTED FOREIGN STATES Pub. L. 103–416, title II, § 217(b), Oct. 25, 1994, 108 Stat. 4315, provided that: ‘‘(1) ELIGIBILITY.—For the purpose of carrying out the extension of the diversity transition program under the amendments made by subsection (a) [amending section 132 of Pub. L. 101–649, set out below], applications for natives of diversity transition countries submitted for fiscal year 1995 for diversity immigrants under section 203(c) of the Immigration and Nationality Act [8 U.S.C. 1153(c)] shall be considered applications for visas made available for fiscal year 1995 for the diversity transition program under section 132 of the Immigration Act of 1990 [section 132 of Pub. L. 101–649]. No application pe- riod for the fiscal year 1995 diversity transition pro- gram shall be established and no new applications may be accepted for visas made available under such pro- gram for fiscal year 1995. Applications for visas in ex- cess of the minimum available to natives of the coun- try specified in section 132(c) of the Immigration Act of 1990 shall be selected for qualified applicants within the several regions defined in section 203(c)(1)(F) of the Im- migration and Nationality Act in proportion to the re- gion’s share of visas issued in the diversity transition program during fiscal years 1992 and 1993. ‘‘(2) NOTIFICATION.—Not later than 180 days after the date of enactment of this Act [Oct. 25, 1994], notifica- tion of the extension of the diversity transition pro- gram for fiscal year 1995 and the provision of visa num- bers shall be made to each eligible applicant under paragraph (1). ‘‘(3) REQUIREMENTS.—Notwithstanding any other pro- vision of law, for the purpose of carrying out the exten- sion of the diversity transition program under the amendments made by subsection (a), the requirement of section 132(b)(2) of the Immigration Act of 1990 shall not apply to applicants under such extension and the requirement of section 203(c)(2) of the Immigration and Nationality Act shall apply to such applicants.’’ Pub. L. 101–649, title I, § 132, Nov. 29, 1990, 104 Stat. 5000, as amended by Pub. L. 102–232, title III, § 302(b)(6), Dec. 12, 1991, 105 Stat. 1743; Pub. L. 103–416, title II, § 217(a), Oct. 25, 1994, 108 Stat. 4315, provided that: ‘‘(a) IN GENERAL.—Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationality Act [8 U.S.C. 1151, 1152], there shall be made available to qualified immigrants described in subsection (b) (or in subsection (d) as the spouse or child of such an alien) 40,000 immigrant visas in each of Page 118 TITLE 8—ALIENS AND NATIONALITY § 1153 fiscal years 1992, 1993, and 1994 and in fiscal year 1995 a number of immigrant visas equal to the number of such visas provided (but not made available) under this sec- tion in previous fiscal years. If the full number of such visas are not made available in fiscal year 1992 or 1993, the shortfall shall be added to the number of such visas to be made available under this section in the suc- ceeding fiscal year. ‘‘(b) QUALIFIED ALIEN DESCRIBED.—An alien described in this subsection is an alien who— ‘‘(1) is a native of a foreign state that was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 [Pub. L. 99–603, set out below], ‘‘(2) has a firm commitment for employment in the United States for a period of at least 1 year (begin- ning on the date of admission under this section), and ‘‘(3) except as provided in subsection (c), is admis- sible as an immigrant. ‘‘(c) DISTRIBUTION OF VISA NUMBERS.—The Secretary of State shall provide for making immigrant visas pro- vided under subsection (a) available strictly in a ran- dom order among those who qualify during the applica- tion period for each fiscal year established by the Sec- retary of State, except that at least 40 percent of the number of such visas in each fiscal year shall be made available to natives of the foreign state the natives of which received the greatest number of visas issued under section 314 of the Immigration Reform and Con- trol Act [of 1986] (or to aliens described in subsection (d) who are the spouses or children of such natives) and except that if more than one application is submitted for any fiscal year (beginning with fiscal year 1993) with respect to any alien all such applications sub- mitted with respect to the alien and fiscal year shall be voided. If the minimum number of such visas are not made available in fiscal year 1992, 1993, or 1994 to such natives, the shortfall shall be added to the number of such visas to be made available under this section to such natives in the succeeding fiscal year. In applying this section, natives of Northern Ireland shall be deemed to be natives of Ireland. ‘‘(d) DERIVATIVE STATUS FOR SPOUSES AND CHIL- DREN.—A spouse or child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)(A), (B), (C), (D), (E)]) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, his spouse or par- ent. ‘‘(e) WAIVERS OF GROUNDS OF EXCLUSION.—In deter- mining the admissibility of an alien provided a visa number under this section, the Attorney General shall waive the ground of exclusion specified in paragraph (6)(C) of section 212(a) of the Immigration and Nation- ality Act [8 U.S.C. 1182(a)], unless the Attorney General finds that such a waiver is not in the national interest. In addition, the provisions of section 212(e) of such Act shall not apply so as to prevent an individual’s applica- tion for a visa or admission under this section. ‘‘(f) APPLICATION FEE.—The Secretary of State shall require payment of a reasonable fee for the filing of an application under this section in order to cover the costs of processing applications under this section.’’ [Pub. L. 102–232, title III, § 302(b)(6)(C), Dec. 12, 1991, 105 Stat. 1743, provided that the amendment made by section 302(b)(6)(C) to section 132(b)(1) of Pub. L. 101–649, set out above, is effective after fiscal year 1992.] [Pub. L. 102–232, title III, § 302(b)(6)(D)(i), Dec. 12, 1991, 105 Stat. 1743, provided that the amendment made by section 302(b)(6)(D)(i) to section 132(c) of Pub. L. 101–649, set out above, is effective beginning with fiscal year 1993.] ONE-YEAR DIVERSITY TRANSITION FOR ALIENS WHO HAVE BEEN NOTIFIED OF AVAILABILITY OF NP–5 VISAS Pub. L. 101–649, title I, § 133, Nov. 29, 1990, 104 Stat. 5000, provided that, notwithstanding numerical limita- tions in sections 1151 and 1152 of this title, there were to be made available in fiscal year 1991, immigrant visa numbers for qualified immigrants who were notified by Secretary of State before May 1, 1990, of their selection for issuance of visa under section 314 of Pub. L. 99–603, formerly set out as a note below, and were qualified for issuance of such visa but for numerical and fiscal year limitations on issuance of such visas, former section 1182(a)(19) of this title or section 1182(e) of this title, or fact that immigrant was a national, but not a native, of foreign state described in section 314 of Pub. L. 99–603. TRANSITION FOR DISPLACED TIBETANS Pub. L. 101–649, title I, § 134, Nov. 29, 1990, 104 Stat. 5001, as amended by Pub. L. 102–232, title III, § 302(b)(7), Dec. 12, 1991, 105 Stat. 1744, provided that, notwith- standing numerical limitations in sections 1151 and 1152 of this title, there were to be made available to quali- fied displaced Tibetans who were natives of Tibet and had been continuously residing in India or Nepal since Nov. 29, 1990, 1,000 immigrant visas in the 3-fiscal-year period beginning with fiscal year 1991. EXPEDITED ISSUANCE OF LEBANESE SECOND AND FIFTH PREFERENCE VISAS Pub. L. 101–649, title I, § 155, Nov. 29, 1990, 104 Stat. 5007, as amended by Pub. L. 102–232, title III, § 302(d)(5), Dec. 12, 1991, 105 Stat. 1745, provided that: ‘‘(a) IN GENERAL.—In the issuance of immigrant visas to certain Lebanese immigrants described in subsection (b) in fiscal years 1991 and 1992 and notwithstanding section 203(c) (or section 203(e), in the case of fiscal year 1992) of the Immigration and Nationality Act [8 U.S.C. 1153(c), (e)] (to the extent inconsistent with this section), the Secretary of State shall provide that im- migrant visas which would otherwise be made available in the fiscal year shall be made available as early as possible in the fiscal year. ‘‘(b) LEBANESE IMMIGRANTS COVERED.—Lebanese im- migrants described in this subsection are aliens who— ‘‘(1) are natives of Lebanon, ‘‘(2) are not firmly resettled in any foreign country outside Lebanon, and ‘‘(3) as of the date of the enactment of this Act [Nov. 29, 1990], are the beneficiaries of a petition ap- proved to accord status under section 203(a)(2) or 203(a)(5) of the Immigration and Nationality Act [8 U.S.C. 1153(a)(2), (5)] (as in effect as of the date of the enactment of this Act), or who are the spouse or child of such an alien if ac- companying or following to join the alien.’’ [Section 155 of Pub. L. 101–649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note under sec- tion 1101 of this title.] ORDER OF CONSIDERATION Pub. L. 101–649, title I, § 162(a)(2), Nov. 29, 1990, 104 Stat. 5010, provided that: ‘‘Nothing in this Act [see Ta- bles for classification] may be construed as continuing the availability of visas under section 203(a)(7) of the Immigration and Nationality Act [8 U.S.C. 1153(a)(7)], as in effect before the date of enactment of this Act [Nov. 29, 1990].’’ MAKING VISAS AVAILABLE TO IMMIGRANTS FROM UNDERREPRESENTED COUNTRIES TO ENHANCE DIVER- SITY IN IMMIGRATION Pub. L. 100–658, § 3, Nov. 15, 1988, 102 Stat. 3908, pro- vided that, notwithstanding numerical limitations in section 1151(a) of this title, but subject to numerical limitations in section 1152 of this title, there were to be made available to qualified immigrants who were na- tives of underrepresented countries, 10,000 visa numbers in each of fiscal years 1990 and 1991. Page 119 TITLE 8—ALIENS AND NATIONALITY § 1153 MAKING VISAS AVAILABLE TO NONPREFERENCE IMMIGRANTS Pub. L. 99–603, title III, § 314, Nov. 6, 1986, 100 Stat. 3439, as amended by Pub. L. 100–658, § 2(a), Nov. 15, 1988, 102 Stat. 3908, provided that, notwithstanding numer- ical limitations in section 1151(a) of this title, but sub- ject to numerical limitations in section 1152 of this title, there were to be made available to qualified im- migrants described in section 1153(a)(7) of this title, 5,000 visa numbers in each of fiscal years 1987 and 1988 and 15,000 visa numbers in each of fiscal years 1989 and 1990. REFERENCES TO CONDITIONAL ENTRY REQUIREMENTS OF SUBSECTION (a)(7) OF THIS SECTION IN OTHER FED- ERAL LAWS Pub. L. 96–212, title II, § 203(h), Mar. 17, 1980, 94 Stat. 108, provided that: ‘‘Any reference in any law (other than the Immigration and Nationality Act [this chap- ter] or this Act [see Short Title of 1980 Amendment note set out under section 1101 of this title]) in effect on April 1, 1980, to section 203(a)(7) of the Immigration and Nationality Act [subsec. (a)(7) of this section] shall be deemed to be a reference to such section as in effect before such date and to sections 207 and 208 of the Im- migration and Nationality Act [sections 1157 and 1158 of this title].’’ RETROACTIVE ADJUSTMENT OF REFUGEE STATUS For adjustment of the status of refugees paroled into the United States pursuant to section 1182(d)(5) of this title, see section 5 of Pub. L. 95–412, set out as a note under section 1182 of this title. ENTITLEMENT TO PREFERENTIAL STATUS Pub. L. 94–571, § 9, Oct. 20, 1976, 90 Stat. 2707, provided that: ‘‘(a) The amendments made by this Act [see Short Title of 1976 Amendment note set out under section 1101 of this title] shall not operate to effect the entitlement to immigrant status or the order of consideration for issuance of an immigrant visa of an alien entitled to a preference status, under section 203(a) of the Immigra- tion and Nationality Act [subsec. (a) of this section] as in effect on the day before the effective date of this Act [see Effective Date of 1976 Amendment note set out under section 1101 of this title], on the basis of a peti- tion filed with the Attorney General prior to such ef- fective date. ‘‘(b) An alien chargeable to the numerical limitation contained in section 21(e) of the Act of October 3, 1965 (79 Stat. 921) [which provided that unless legislation in- consistent therewith was enacted on or before June 30, 1968, the number of special immigrants within the meaning of section 1101(a)(27)(A) of this title, exclusive of special immigrants who were immediate relatives of United States citizens as described in section 1151(b) of this title, should not, in the fiscal year beginning July 1, 1968, or in any fiscal year thereafter, exceed a total of 120,000] who established a priority date at a consular office on the basis of entitlement to immigrant status under statutory or regulatory provisions in existence on the day before the effective date of this Act [see Ef- fective Date of 1976 Amendment note under section 1101 of this title] shall be deemed to be entitled to immi- grant status under section 203(a)(8) of the Immigration and Nationality Act [subsec. (a)(8) of this section] and shall be accorded the priority date previously estab- lished by him. Nothing in this section shall be con- strued to preclude the acquisition by such an alien of a preference status under section 203(a) of the Immigra- tion and Nationality Act [subsec. (a) of this section], as amended by section 4 of this Act. Any petition filed by, or in behalf of, such an alien to accord him a preference status under section 203(a) [subsec. (a) of this section] shall, upon approval, be deemed to have been filed as of the priority date previously established by such alien. The numerical limitation to which such an alien shall be chargeable shall be determined as provided in sec- tions 201 and 202 of the Immigration and Nationality Act [sections 1151 and 1152 of this title], as amended by this Act [see Short Title of 1976 Amendment note set out under section 1101 of this title].’’ NONQUOTA IMMIGRANT STATUS OF CERTAIN RELATIVES OF UNITED STATES CITIZENS; ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS FILED PRIOR TO JANUARY 1, 1962 Pub. L. 87–885, § 1, Oct. 24, 1962, 76 Stat. 1247, which provided that certain alien relatives of United States citizens registered on a consular waiting list under pri- ority date earlier than March 31, 1954, and eligible for a quota immigrant status on a basis of a petition filed with the Attorney General prior to January 1, 1962, and the spouse and children of such alien, be held to be nonquota immigrants and be issued nonquota immi- grant visas, was repealed by Pub. L. 99–653, § 11, Nov. 14, 1986, 100 Stat. 3657, as amended by Pub. L. 100–525, § 8(j)(1), Oct. 24, 1988, 102 Stat. 2617, eff. Nov. 14, 1986. NONQUOTA IMMIGRANT STATUS OF SKILLED SPECIAL- ISTS; ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS FILED PRIOR TO APRIL 1, 1962 Pub. L. 87–885, § 2, Oct. 24, 1962, 76 Stat. 1247, which provided that certain alien skilled specialists eligible for a quota immigrant status on the basis of a petition filed with the Attorney General prior to April 1, 1962, be held to be nonquota immigrants and be issued nonquota immigrant visas, was repealed by Pub. L. 99–653, § 11, Nov. 14, 1986, 100 Stat. 3657, as amended by Pub. L. 100–525, § 8(j)(1), Oct. 24, 1988, 102 Stat. 2617, eff. Nov. 14, 1986. ISSUANCE OF NONQUOTA IMMIGRANT VISAS TO CERTAIN ELIGIBLE ORPHANS Pub. L. 87–301, § 25, Sept. 26, 1961, 75 Stat. 657, as amended by Pub. L. 99–653, § 11, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100–525, § 8(j)(2), Oct. 24, 1988, 102 Stat. 2617, provided that: ‘‘At any time prior to the expiration of the one hundred and eightieth day immediately fol- lowing the enactment of this Act [Sept. 26, 1961] a spe- cial nonquota immigrant visa may be issued to an eli- gible orphan as defined in section 4 of the Act of Sep- tember 11, 1957, as amended (8 U.S.C. 1205; 71 Stat. 639, 73 Stat. 490, 74 Stat. 505), if a visa petition filed in be- half of such eligible orphan was (A) approved by the At- torney General prior to September 30, 1961, or (B) pend- ing before the Attorney General prior to September 30, 1961, and the Attorney General approves such petition.’’ [Pub. L. 99–653, § 23(c), as added by Pub. L. 100–525, § 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: ‘‘The amendments made by section 11 [amending section 25 of Pub. L. 87–301 set out above and repealing sections 1 and 2 of Pub. L. 87–885] take effect on November 14, 1986.’’] NONQUOTA IMMIGRANT STATUS OF SPOUSES AND CHILDREN OF CERTAIN ALIENS Pub. L. 86–363, § 4, Sept. 22, 1959, 73 Stat. 644, providing that an alien registered on a consular waiting list was eligible for quota immigrant status on basis of a peti- tion approved prior to Jan. 1, 1959, along with the spouse and children of such alien, was repealed by Pub. L. 87–301, § 24(a)(7), Sept. 26, 1961. [Repeal of section 4 of Pub. L. 86–363 effective upon expiration of the one hundred and eightieth day imme- diately following Sept. 26, 1961, see section 24(b) of Pub. L. 87–301, set out as a note under former section 1255a of this title.] ADOPTED SONS OR ADOPTED DAUGHTERS, PREFERENCE STATUS Pub. L. 86–363, § 5(c), Sept. 22, 1959, 73 Stat. 645, pro- vided that aliens granted a preference pursuant to peti- tions approved by the Attorney General on the ground that they were the adopted sons or adopted daughters of United States citizens were to remain in that status notwithstanding the provisions of section 1 of Pub. L. Page 120 TITLE 8—ALIENS AND NATIONALITY § 1153a 86–363 (amending this section), unless they acquired a different immigrant status pursuant to a petition ap- proved by the Attorney General. SPECIAL NONQUOTA IMMIGRANT VISAS FOR REFUGEES Pub. L. 86–363, § 6, Sept. 22, 1959, 73 Stat. 645, author- izing issuance of nonquota immigrant visas to aliens eligible to enter for permanent residence if the alien was the beneficiary of a visa petition approved by the Attorney General, and such petition was filed by a per- son admitted under former section 1971 et seq., of the former Appendix to Title 50, was repealed by Pub. L. 87–301, § 24(a)(7), Sept. 26, 1961, 75 Stat. 657. [Repeal of section 6 of Pub. L. 86–363 effective upon expiration of the one hundred and eightieth day imme- diately following Sept. 26, 1961, see section 24(b) of Pub. L. 87–301, set out as a note under former section 1255a of this title.] ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS APPROVED PRIOR TO JULY 1, 1957 Pub. L. 85–316, § 12, Sept. 11, 1957, 71 Stat. 642, which provided that aliens eligible for quota immigrant sta- tus on basis of a petition approved prior to July 1, 1957, would be held to be nonquota immigrants, and if other- wise admissible, be issued visas, was repealed by Pub. L. 87–301, § 24(a)(5), Sept. 26, 1961, 75 Stat. 657. [Repeal of section 12 of Pub. L. 85–316 effective upon expiration of the one hundred and eightieth day imme- diately following Sept. 26, 1961, see section 24(b) of Pub. L. 87–301, set out as a note under former section 1255a of this title.] ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS APPROVED PRIOR TO JULY 1, 1958 Pub. L. 85–316, § 12A, as added by Pub. L. 85–700, § 2, Aug. 21, 1958, 72 Stat. 699, providing that aliens eligible for quota immigrant status on basis of a petition ap- proved prior to July 1, 1958, shall be held to be nonquota immigrants and issued visas, was repealed by Pub. L. 87–301, § 24(a)(6), Sept. 26, 1961, 75 Stat. 657. [Repeal of section 12A of Pub. L. 85–316 effective upon expiration of the one hundred and eightieth day imme- diately following Sept. 26, 1961, see section 24(b) of Pub. L. 87–301, set out as a note under former section 1255a of this title.] § 1153a. Transparency (a) In general Employees of the Department of Homeland Se- curity, including the Secretary of Homeland Se- curity, the Secretary’s counselors, the Assistant Secretary for the Private Sector, the Director of U.S. Citizenship and Immigration Services, counselors to such Director, and the Chief of the Immigrant Investor Programs Office (or any successor to such Office) at U.S. Citizenship and Immigration Services, shall act impartially and may not give preferential treatment to any enti- ty, organization, or individual in connection with any aspect of the immigrant visa program described in section 1153(b)(5) of this title. (b) Improper activities Activities that constitute preferential treat- ment under subsection (a) shall include— (1) working on, or in any way attempting to influence, in a manner not available to or ac- corded to all other petitioners, applicants, and seekers of benefits under the immigrant visa program referred to in subsection (a), the standard processing of an application, peti- tion, or benefit for— (A) a regional center; (B) a new commercial enterprise; (C) a job-creating entity; or (D) any person or entity associated with such regional center, new commercial enter- prise, or job-creating entity; and (2) meeting or communicating with persons associated with the entities listed in para- graph (1), at the request of such persons, in a manner not available to or accorded to all other petitioners, applicants, and seekers of benefits under such immigrant visa program. (c) Reporting of communications (1) Written communication Employees of the Department of Homeland Security, including the officials listed in sub- section (a), shall include, in the record of pro- ceeding for a case under section 1153(b)(5) of this title, actual or electronic copies of all case-specific written communication, includ- ing emails from government and private ac- counts, with non-Department persons or enti- ties advocating for regional center applica- tions or individual petitions under such sec- tion that are pending on or after March 15, 2022 (other than routine communications with other agencies of the Federal Government re- garding the case, including communications involving background checks and litigation defense). (2) Oral communication If substantive oral communication, includ- ing telephonic communication, virtual com- munication, or in-person meetings, takes place between officials of the Department of Homeland Security and non-Department per- sons or entities advocating for regional center applications or individual petitions under sec- tion 1153(b)(5) of this title that are pending on or after March 15, 2022 (except communica- tions exempted under paragraph (1))— (A) the conversation shall be recorded; or (B) detailed minutes of the session shall be taken and included in the record of pro- ceeding. (3) Notification (A) In general If the Secretary, in the course of written or oral communication described in this sub- section, receives evidence about a specific case from anyone other than an affected party or his or her representative (excluding Federal Government or law enforcement sources), such information may not be made part of the record of proceeding and may not be considered in adjudicative proceedings unless— (i) the affected party has been given no- tice of such evidence; and (ii) if such evidence is derogatory, the af- fected party has been given an opportunity to respond to the evidence. (B) Information from law enforcement, intel- ligence agencies, or confidential sources (i) Law enforcement or intelligence agen- cies Evidence received from law enforcement or intelligence agencies may not be made part of the record of proceeding without