E Visa Integrity Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1177 To amend the Immigration and Nationality Act to modify the eligibility criteria for E visas. IN THE SENATE OF THE UNITED STATES APRIL 15, 2021 Mr. LEE (for himself and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to modify the eligibility criteria for E visas. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘E Visa Integrity Act 4 of 2021’’. 5 SEC. 2. MODIFICATION OF ELIGIBILITY CRITERIA FOR E 6 VISAS. 7 Section 101(a)(15)(E) of the Immigration and Na- 8 tionality Act (8 U.S.C. 1101(a)(15)(E)) is amended to 9 read as follows: 10 VerDate Sep 11 2014 23:05 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.IS S1177 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1177 IS ‘‘(E) an alien entitled to enter the United 1 States under and in pursuance of the provisions of 2 a treaty of commerce and navigation between the 3 United States and the foreign state of which the 4 alien is a national (or, in the case of an alien who 5 acquired the relevant nationality through a financial 6 investment and who has not previously been granted 7 status under this subparagraph, the foreign state of 8 which the alien is a national and in which the alien 9 has been domiciled for a continuous period of not 10 less than 3 years at any point before applying for a 11 nonimmigrant visa under this subparagraph) and 12 the spouse and children of any such alien if accom- 13 panying or following to join the alien— 14 ‘‘(i) solely to carry on substantial trade, in- 15 cluding trade in services or trade in technology, 16 principally between the United States and the 17 foreign state of which the alien is a national; 18 ‘‘(ii) solely to develop and direct the oper- 19 ations of an enterprise in which the alien has 20 invested, or is actively in the process of invest- 21 ing, a substantial amount of capital; or 22 ‘‘(iii) solely to perform services in a spe- 23 cialty occupation in the United States if the 24 alien is a national of the Commonwealth of 25 VerDate Sep 11 2014 23:05 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1177.IS S1177 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1177 IS Australia and with respect to whom the Sec- 1 retary of Labor determines and certifies to the 2 Secretary of Homeland Security and the Sec- 3 retary of State that the intending employer has 4 filed with the Secretary of Labor an attestation 5 under section 212(t)(1).’’. 6 Æ VerDate Sep 11 2014 23:05 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1177.IS S1177 kjohnson on DSK79L0C42PROD with BILLS