Sec. 4801. Nonimmigrant INVEST visas
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Section 101(a)(15) ( 8 U.S.C. 1101(a)(15) ), as amended by sections 2231, 4504, and 4702, is further amended by inserting after the material added by section 2231, the following: subject to the definitions in section 203(b)(6), is a qualified entrepreneur who has demonstrated, during the 3-year period ending on the date on which the alien filed an initial petition for nonimmigrant status described in this clause that— a qualified venture capitalist, a qualified super angel investor, a qualified government entity, a qualified community development financial institution, or such other entity or set of investors, as determined by the Secretary, has devoted a qualified investment of not less than $100,000 to the alien’s United States business entity; or the alien’s United States business entity has created no fewer than 3 qualified jobs and during the 2-year period ending on such date has generated not less than $250,000 in annual revenue in the United States. .
Section 214 ( 8 U.S.C. 1184 ) is amended by adding at the end the following: The definitions in section 203(b)(6)(A) apply in this subsection. The period of authorized status as a nonimmigrant described in section 101(a)(15)(X) shall be for an initial 3-year period. Subject to paragraph (4), the initial period of authorized nonimmigrant status described in paragraph
(2)may be renewed for additional 3-year periods if during the most recent 3-year period that the alien was granted such status— the alien’s United States business entity has created no fewer than 3 qualified jobs and a qualified venture capitalist, a qualified super angel investor, a qualified government entity, a qualified community development financial institution, or such other entity or set of investors as determined by the Secretary, has devoted a qualified investment of not less than $250,000 to the alien's United States business entity; or the alien’s United States business entity has created no fewer than 3 qualified jobs and, during the 2 year period ending on the date that the alien petitioned for an extension, has generated not less than $200,000 in annual revenue within the United States. The Secretary may renew an alien's status as a nonimmigrant described in section 101(a)(15)(X) for up to two 1-year periods if the alien— does not meet the criteria of paragraph (3); and meets the criteria established by the Secretary, in consultation with the Secretary of Commerce, for approving renewals under this subclause which shall include finding that— the alien has made substantial progress in meeting such criteria; and such renewal that is economically beneficial to the United States. The Secretary may require an alien seeking status under section 101(a)(15)(X) to attest, under penalties of perjury, to the alien's qualifications. .
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