E–2 Visa Improvement Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2124 To amend the Immigration and Nationality Act to permit certain E–2 nonimmigrant investors to adjust status to lawful permanent resident status. IN THE HOUSE OF REPRESENTATIVES APRIL 8, 2019 Mr. RUTHERFORD (for himself and Ms. KUSTER of New Hampshire) intro- duced the following bill; which was referred to the Committee on the Ju- diciary A BILL To amend the Immigration and Nationality Act to permit certain E–2 nonimmigrant investors to adjust status to lawful permanent resident status. 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–2 Visa Improvement 4 Act of 2019’’. 5 VerDate Sep 11 2014 20:07 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2124.IH H2124 khammond on DSKBBV9HB2PROD with BILLS 2 •HR 2124 IH SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT 1 STATUS OF CERTAIN E–2 NONIMMIGRANT IN- 2 VESTORS. 3 (a) IN GENERAL.—Section 203(b)(5) of the Immi- 4 gration and Nationality Act (8 U.S.C. 1153(b)(5)) is 5 amended— 6 (1) in subparagraph (A)(ii), by inserting ‘‘ex- 7 cept as provided in subparagraph (E)(i),’’ after 8 ‘‘(ii)’’; and 9 (2) by adding at the end the following new sub- 10 paragraph: 11 ‘‘(E) SPECIAL RULES FOR CERTAIN E–2 12 NONIMMIGRANT INVESTORS.— 13 ‘‘(i) IN GENERAL.—In the case of an 14 alien who has been present in the United 15 States in the status of an alien described 16 in section 101(a)(15)(E)(ii) for at least 10 17 years the alien is deemed as satisfying the 18 requirement of subparagraph (A)(ii) if the 19 enterprise has created full-time employ- 20 ment for not fewer than two individuals 21 described in such subparagraph (A)(ii). 22 ‘‘(ii) LIMITATION.—Not more than 23 10,000 visas may be made available under 24 this paragraph to principal aliens described 25 in clause (i) in any fiscal year, except that 26 VerDate Sep 11 2014 20:07 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2124.IH H2124 khammond on DSKBBV9HB2PROD with BILLS 3 •HR 2124 IH such visas shall not be included in the 1 number in subparagraph (A) and shall not 2 count towards that limitation on the total 3 visas made available under this para- 4 graph.’’. 5 (b) CONFORMING AMENDMENT.—Section 201(b)(1) 6 of the Immigration and Nationality Act (8 U.S.C. 7 1151(b)(1)) is amended by adding at the end the fol- 8 lowing: 9 ‘‘(F) Aliens who receive an immigrant visa 10 under section 203(b)(5)(E).’’. 11 (c) TREATMENT OF CERTAIN CHILDREN OF NON- 12 IMMIGRANT INVESTORS.—Section 214 of the Immigration 13 and Nationality Act (8 U.S.C. 1184) is amended by add- 14 ing at the end the following: 15 ‘‘(s) CERTAIN CHILDREN OF NONIMMIGRANT INVES- 16 TORS.—In the case of an alien seeking or that has status 17 under section 101(a)(15)(E)(ii), notwithstanding section 18 101(b)(1), if the son or daughter of that alien is 26 years 19 of age or younger, that son or daughter shall be deemed 20 a child of the alien accompanying or following to join him. 21 The Secretary of Homeland Security may provide employ- 22 ment authorization to such a son or daughter who is 18 23 years of age or older and 26 years of age or younger, and 24 who applies for such authorization. If the alien’s status 25 VerDate Sep 11 2014 20:07 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2124.IH H2124 khammond on DSKBBV9HB2PROD with BILLS 4 •HR 2124 IH is terminated, such authorization shall also terminate on 1 the same date.’’. 2 (d) EFFECTIVE DATE.—The amendments made by 3 subsections (a) and (b) shall take effect on the date of 4 the enactment of this Act. Periods of presence in the 5 United States in the status of an alien described in section 6 101(a)(15)(E)(ii) of the Immigration and Nationality Act 7 (8 U.S.C. 1101(a)(15)(E)(ii)) before such date shall be 8 counted towards satisfying the time requirement specified 9 in subparagraph (E) of section 203(b)(5) of such Act (8 10 U.S.C. 1153(b)(5)) (as added by paragraph (3) of sub- 11 section (a)). 12 (e) IMMEDIATE ELIGIBILITY FOR ADJUSTMENT OF 13 STATUS OF CERTAIN LONG-TERM E–2 NONIMMIGRANT 14 INVESTORS.—An alien who has been present in the United 15 States in the status of an alien described in section 16 101(a)(15)(E)(ii) of the Immigration and Nationality Act 17 for not less than 10 years may be immediately eligible to 18 adjust status to that of an alien lawfully admitted for per- 19 manent residence pursuant to the amendment made by 20 subsection (a). 21 Æ VerDate Sep 11 2014 20:07 Apr 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2124.IH H2124 khammond on DSKBBV9HB2PROD with BILLS