; and (2) by adding at the end the following: (n) If the approval of a petition for classification under section 203(b)(5) would make a visa immediately available to the alien beneficiary, the alien beneficiary’s application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition. . (i) Conforming Changes (1) Section 203(b)(1) of the Immigration and Nationality Act is amended by inserting , subject to section 203(b)(5)(C)(i), after classes specified in paragraphs (4) and (5) . (2) Section 203(b)(5)(A) of the Immigration and Nationality Act is amended by striking Visas shall be made available and inserting Subject to section 203(b)(5)(C)(i), visas shall be made available . (j) Effective dates (1) In general Except as provided under paragraph (2), the amendments made by this section shall be effective upon the date of the enactment of this Act. (2) Exceptions (A) In general The amendments made by subparagraphs (A) and (B) of subsection (c)(1) and subsection (e)(1) shall not apply to a beneficiary of a petition that— (i) was filed by an alien investor under section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ) prior to June 1, 2015; (ii) was filed by an alien investor under such section 203(b)(5) during the period beginning on June 1, 2015, and ending on the date of the enactment of this Act if such beneficiary is investing in the same commercial enterprise concerning the same economic activity as contained in an exemplar filed prior to June 1, 2015, or approved by the Secretary of Homeland Security at any time prior to the date of enactment of this Act, unless the Secretary determines that such approval or filing was based on fraud, misrepresentation in the record of proceeding, or is legally deficient