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2012 Immigration Program Extensions includes EB-5 Regional Center

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  • 1. S. 3245 http://www.gpo.gov/fdsys/pkg/BILLS-112s3245enr/pdf/BILLS-112s3245enr.pdfMAJOR ACTIONS:5/24/2012 Introduced in Senate8/2/2012 Senate Committee onthe Judiciary discharged by One Hundred Twelfth Congress Notice that the word "Pilot" is struck and that this Amendment might beUnanimous Consent.8/2/2012 Passed/agreed to in of the construed as altering the name of this "Program" from:Senate: Passed Senate with an United States of America "Pilot Immigration Program" toamendment and an amendment to "EB-5 Regional Center Program".the Title by Unanimous Consent. AT T H E S E C O N D S E S S I O N ?????????????????????????????9/13/2012 Passed/agreed to in Begun and held at the City of Washington on Tuesday,House: On motion to suspend the the third day of January, two thousand and twelverules and pass the bill Agreed toby the Yeas and Nays: (2/3required): 412 - 3 (Roll no. 580).9/20/2012 Presented to President. An Act9/___/2012 Signed. To extend by 3 years the authorization of the EB–5 Regional Center Program, the E–Verify Program, the Special Immigrant Nonminister Religious Worker Pro- gram, and the Conrad State 30 J–1 Visa Waiver Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REAUTHORIZATION OF EB–5 REGIONAL CENTER PRO- GRAM. Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended— (1) by striking ‘‘pilot’’ each place such term appears; and (2) in subsection (b), by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2015’’. SEC. 2. REAUTHORIZATION OF E–VERIFY. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2015’’. SEC. 3. REAUTHORIZATION OF SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM. Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended— (1) in subclause (II), by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2015’’; and (2) in subclause (III), by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2015’’. SEC. 4. REAUTHORIZATION OF CONRAD STATE 30 J–1 VISA WAIVER PROGRAM. Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2015’’.
  • 2. S. 3245—2SEC. 5. NO AUTHORITY FOR NATIONAL IDENTIFICATION CARD. Nothing in this Act may be construed to authorize the planning,testing, piloting, or development of a national identification card. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
  • 3. Below From: United States Code posted on the Beta Site of the Office of the LawRevision Counsel of the United States House of Representatives.The pertinent “NOTE” is found among numerous “NOTES” on the subpage at thefollowing link from the Beta Site linked above:http://143.231.180.80/view.xhtml?req=granuleid%3AUSC-title8-section1153&f=treesort&num=0&hl=false&saved=%7CKHRpdGxlOjggc2VjdGlvbjoxMTUzKSBPUiAoZ3JhbnVsZWlkOnVzY2N0LTgtMTE1Myk%3D%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse#miscellaneous-note 8 USC § 1153 NOTE PILOT EB-5 REGIONAL CENTER IMMIGRATION PROGRAM Pub. L. 110–329, div. A, §144, Sept. 30, 2008, 122 Stat. 3581, as amended by Pub. L. 111–8, div. J, §101, Mar. 11, 2009, 123 Stat. 988, provided that: “The requirement set forth in section610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and RelatedAgencies Appropriations Act, 1993 [Pub. L. 102–395] (8 U.S.C. 1153 note) shall continuethrough September 30, 2009.” 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, 114Stat. 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, 123Stat. 2177, provided that: “(a) Of the visas otherwise available under section 203(b)(5) of the Immigration andNationality Act (8 U.S.C. 1153(b)(5)), the Secretary of State, together with the Secretary ofHomeland Security, shall set aside visas for a pilot program to implement the provisions of suchsection. Such pilot program shall involve a regional center in the United States, designated bythe Secretary of Homeland Security on the basis of a general proposal, for the promotion ofeconomic growth, including increased export sales, improved regional productivity, job creation,or increased domestic capital investment. A regional center shall have jurisdiction over a limitedgeographic area, which shall be described in the proposal and consistent with the purpose ofconcentrating pooled investment in defined economic zones. The establishment of a regionalcenter may be based on general predictions, contained in the proposal, concerning the kinds ofcommercial enterprises that will receive capital from aliens, the jobs that will be created directlyor indirectly as a result of such capital investments, and the other positive economic effectssuch capital investments will have. “(b) For purposes of the pilot program established in subsection (a), beginning on October 1,1992, but no later than October 1, 1993, the Secretary of State, together with the Secretary ofHomeland Security, shall set aside 3,000 visas annually until September 30, 2012 September30, 2015 to include such aliens as are eligible for admission under section 203(b)(5) of theImmigration and Nationality Act [8 U.S.C. 1153(b)(5)] and this section, as well as spouses orchildren which are eligible, under the terms of the Immigration and Nationality Act [8 U.S.C.1101 et seq.], to accompany or follow to join such aliens. “(c) In determining compliance with section 203(b)(5)(A)(iii)[(ii)] of the Immigration andNationality Act [8 U.S.C. 1153(b)(5)(A)(iii)[(ii)]], and notwithstanding the requirements of 8 CFR
  • 4. 204.6, the Secretary of Homeland Security shall permit aliens admitted under the pilot programdescribed in this section to establish reasonable methodologies for determining the number ofjobs created by the pilot program, including such jobs which are estimated to have been createdindirectly through revenues generated from increased exports, improved regional productivity,job creation, or increased domestic capital investment resulting from the pilot program. “(d) In processing petitions under section 204(a)(1)(H) of the Immigration and Nationality Act(8 U.S.C. 1154(a)(1)(H)) for classification under section 203(b)(5) of such Act (8 U.S.C.1153(b)(5)), the Secretary of Homeland Security may give priority to petitions filed by aliensseeking admission under the pilot program described in this section. Notwithstanding section203(e) of such Act (8 U.S.C. 1153(e)), immigrant visas made available under such section203(b)(5) may be issued to such aliens in an order that takes into account any priority accordedunder the preceding sentence.” [Pub. L. 107–273, div. C, title I, §11037(b), Nov. 2, 2002, 116 Stat. 1848, provided that: “Theamendments made by this section [amending section 610 of Pub. L. 102–395, set out above]shall take effect on the date of the enactment of this Act [Nov. 2, 2002] and shall apply to— “(1) any proposal for a regional center pending before the Attorney General (whether for an initial decision or on appeal) on or after the date of the enactment of this Act; and “(2) any of the following petitions, if filed on or after the date of the enactment of this Act: “(A) A petition under section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor provision) (or any predecessor provision), with respect to status under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)). “(B) 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 aliens permanent resident status.”] [Section 116(b) of Pub. L. 105–119 provided that: “The amendment made by subsection(a)(2) [amending section 610 of Pub. L. 102–395, set out above] shall be deemed to havebecome effective on October 6, 1992.”] NOTE that the 2002 amendment was a retroactive amendment to the underlying statute andwas made explicitly applicable to newly filed I-52s and I-829s only The 2002 amendment applied to ALL currently pending and newly filed Regional CenterProposals.

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