8 USC 1153a - Transparency

U.S Code last checked for updates: Apr 27, 2024

§ 1153a.

Transparency

(a)

In general

(b)

Improper activities

Activities that constitute preferential treatment under subsection (a) shall include—

(1)

working on, or in any way attempting to influence, in a manner not available to or accorded 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, petition, 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 enterprise, or job-creating entity; and

(2)

meeting or communicating with persons associated with the entities listed in paragraph (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

(2)

Oral communication

If substantive oral communication, including telephonic communication, virtual communication, or in-person meetings, takes place between officials of the Department of Homeland Security and non-Department persons or entities advocating for regional center applications or individual petitions under section 1153(b)(5) of this title that are pending on or after March 15, 2022 (except communications 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 proceeding.

(3)

Notification

(A)

In general

If the Secretary, in the course of written or oral communication described in this subsection, 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 notice of such evidence; and

(ii)

if such evidence is derogatory, the affected party has been given an opportunity to respond to the evidence.

(B)

Information from law enforcement, intelligence agencies, or confidential sources

(i)

Law enforcement or intelligence agencies

(ii)

Whistleblowers, confidential sources, or intelligence agencies

(d)

Consideration of evidence

(1)

In general

(2)

Waiver

(e)

Channels of communication

(1)

Email address or equivalent

The Director of U.S. Citizenship and Immigration Services shall maintain an email account (or equivalent means of communication) for persons or entities—

(A)

with inquiries regarding specific petitions or applications under the immigrant visa program described in section 1153(b)(5) of this title; or

(B)

seeking information that is not case-specific about the immigrant visa program described in such section 1153(b)(5).

(2)

Communication only through appropriate channels or offices

(A)

Announcement of appropriate channels of communication

Not later than 40 days after March 15, 2022, the Director of U.S. Citizenship and Immigration Services shall announce that the only channels or offices by which industry stakeholders, petitioners, applicants, and seekers of benefits under the immigrant visa program described in section 1153(b)(5) of this title may communicate with the Department of Homeland Security regarding specific cases under such section (except for communication made by applicants and petitioners pursuant to regular adjudicatory procedures), or information that is not case-specific about the visa program applicable to certain cases under such section, are through—

(i)

the email address or equivalent channel described in paragraph (1);

(ii)

the National Customer Service Center, or any successor to such Center; or

(iii)

the Office of Public Engagement, Immigrant Investor Program Office, including the Stakeholder Engagement Branch, or any successors to those Offices or that Branch.

(B)

Direction of incoming communications

(i)

In general

(ii)

Rule of construction

Nothing in this subparagraph may be construed to prevent—

(I)

any person from communicating with the Ombudsman of U.S. Citizenship and Immigration Services regarding the immigrant investor program under section 1153(b)(5) of this title; or

(II)

the Ombudsman from resolving problems regarding such immigrant investor program pursuant to the authority granted under section 272 of title 6.

(C)

Log

(i)

In general

The Director of U.S. Citizenship and Immigration Services shall maintain a written or electronic log of—

(I)

all communications described in subparagraph (A) and communications from Members of Congress, which shall reference the date, time, and subject of the communication, and the identity of the Department official, if any, to whom the inquiry was forwarded;

(II)

with respect to written communications described in subsection (c)(1), the date on which the communication was received, the identities of the sender and addressee, and the subject of the communication; and

(III)

with respect to oral communications described in subsection (c)(2), the date on which the communication occurred, the participants in the conversation or meeting, and the subject of the communication.

(ii)

Transparency

(3)

Publication of information

(f)

Penalty

(1)

In general

(2)

Sanctions

(g)

Rule of construction regarding classified information

(h)

Rule of construction regarding private right of action

(i)

Effective date

(Pub. L. 117–103, div. BB, § 107, Mar. 15, 2022, 136 Stat. 1105.)

cite as: 8 USC 1153a