S 232 — A bill to terminate the EB-5 Visa Program and to reallocate the employment creation visas to the other employment-based visa classifications.

Summary

This bill amends the Immigration and Nationality Act to eliminate the EB-5 visa category. The number of fiscal year immigrant visas available for the following employment categories is increased: (1) priority workers; (2) members of the professions with advanced degrees or persons of exceptional ability; (3) skilled workers, professionals, and certain unskilled workers; and (4) certain special immigrants. The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 is amended to terminate the EB-5 regional center pilot program. The EB-5 visa provides lawful permanent residence to foreign nationals who invest (directly or through a regional center) a specified amount of capital in a new commercial enterprise in the United States and create at least 10 jobs.

Bill Text

• Introduced Introduced in Senate Current html January 24, 2017

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill terminates the EB-5 Visa Program and reallocates its visa numbers to other employment-based categories, increasing their allocation percentages.

• 8 U.S.C. 1153(b)(5)

  Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is repealed.

  This change abolishes the EB-5 Visa Program for immigrant investors.

• 8 U.S.C. 1153(b)(1)

  by striking ``28.6 percent'' → inserting ``30.4 percent''

  Increases the visa allocation percentage for priority workers from 28.6% to 30.4%.

• 8 U.S.C. 1153(b)(2)

  by striking ``28.6 percent'' → inserting ``30.4 percent''

  Increases the visa allocation percentage for members of the professions holding advanced degrees or aliens of exceptional ability from 28.6% to 30.4%.

• 8 U.S.C. 1153(b)(3)

  by striking ``28.6 percent'' → inserting ``30.4 percent''

  Increases the visa allocation percentage for skilled workers and other professionals from 28.6% to 30.4%.

• 8 U.S.C. 1153(b)(4)

  by striking ``7.1 percent'' → inserting ``8.8 percent''

  Increases the visa allocation percentage for certain special immigrants from 7.1% to 8.8%.

• 8 U.S.C. 1151

  by striking ``(4), or (5)'' → inserting ``or (4)''

  Updates the reference to exclude the removed EB-5 category.

• 8 U.S.C. 1151

  by striking ``through (5)'' → inserting ``through (4)''

  Adjusts the reference for clarity following the repeal of the EB-5 Visa Program.

• 8 U.S.C. 1153(b)(1)

  by striking ``paragraphs (4) and (5)'' → inserting ``paragraph (4)''

  Clarifies the allocation process after the removal of the EB-5 category.

• 8 U.S.C. 204(a)(1)

  by striking subparagraph (H)

  Removes the provision related to the EB-5 category from the adjustment of status process.

• 8 U.S.C. 1186b

  by striking section 216A (8 U.S.C. 1186b)

  Eliminates the entire section pertaining to the EB-5 Visa Program.

• Repeal of Pilot Immigration Program.--Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102-395) is repealed.

  Removes outdated provisions related to pilot immigration programs.

Action History

1. January 24, 2017

   Introduced in Senate

2. January 24, 2017

   Read twice and referred to the Committee on the Judiciary.

Sponsors

• Dianne Feinstein · Primary

Subjects