Sec. 5. Conditional permanent resident status for alien investors, spouses, and children
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Section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b ) is amended— by striking Attorney General each place such term appears (except in subsection (d)(2)(C)) and inserting Secretary of Homeland Security ; by striking entrepreneur each place such term appears and inserting investor ; in subsection (a), by amending paragraph
(1)to read as follows: Except as provided in subparagraph (B), an alien investor, alien spouse, and alien child shall be considered, at the time of obtaining status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. An alien investor (and his or her alien spouse or alien child) whose petition under subsection
(f)is approved before the alien investor is lawfully admitted for permanent residence shall be granted the status of an alien lawfully admitted for permanent residence without conditions. ; in subsection (b)— in the heading, by striking and inserting Entrepreneurship ; and Investment by amending paragraph (1)(B) to read as follows: the alien did not invest the requisite capital; or ; in subsection (c)— in the heading, by striking ; of Timely Petition and Interview in paragraph (1)— in the matter preceding subparagraph (A), by striking In order and inserting Except as provided in paragraph (3)(D), in order ; in subparagraph (A)— by striking must and inserting shall ; and by striking , and and inserting a semicolon; in subparagraph (B)— by striking must and inserting shall ; by striking Service and inserting Department of Homeland Security ; and by striking the period at the end and inserting ; and ; and by adding at the end the following: the Secretary shall have performed a site visit to the new commercial enterprise and job-creating entity in which the alien investor invested capital under subparagraph
(A)of section 203(b)(5) pursuant to subparagraph (I)(iii) of such section. ; and in paragraph (3)— in subparagraph (A), in the undesignated matter following clause (ii), by striking the before such filing ; and by amending subparagraph
(B)to read as follows: Except as provided in clause (ii), if the Secretary determines that the facts and information contained in a petition submitted under paragraph (1)(A) are true, including demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall— notify the alien involved of such determination; and remove the conditional basis of the alien’s status effective as of the second anniversary of the alien’s lawful admission for permanent residence. If the petition demonstrates that the facts and information are true and that the alien is in compliance with subsection (d)(1)(B)(ii)— the Secretary, in the Secretary’s discretion, may provide one 1-year extension of the alien’s conditional status; and if the alien files a petition not later than 30 days after the third anniversary of the alien’s lawful admission for permanent residence demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall remove the conditional basis of the alien’s status effective as of such third anniversary; or if the alien does not file the petition described in item (aa), the conditional status shall terminate at the end of such additional year. ; in subsection (d)— in paragraph (1)— by amending subparagraph
(A)to read as follows: invested the requisite capital; ; by redesignating subparagraph
(B)as subparagraph (C); and by inserting after subparagraph
(A)the following: created the employment required under section 203(b)(5)(A)(ii); or is actively in the process of creating the employment required under section 203(b)(5)(A)(ii) and will create such employment before the third anniversary of the alien’s lawful admission for permanent residence; and ; in paragraph (2), by amending subparagraph
(A)to read as follows: Except as provided in clause
(ii)and subparagraph (B), a petition under subsection (c)(1)(A) shall be filed during the 90-day period before the second anniversary of the alien investor’s lawful admission for permanent residence. Aliens described in subclauses (I)(bb), (I)(cc), and
(II)of section 203(b)(5)(O)(ii) shall file a petition under subsection (c)(1)(A) during the 90-day period before the second anniversary of the subsequent investment. ; and in paragraph (3)— by striking The interview and inserting the following: The interview ; by striking Service and inserting Department of Homeland Security ; and by striking the last sentence and inserting the following: The Secretary of Homeland Security, in the Secretary’s discretion, may waive the deadline for such an interview or the requirement for such an interview according to criteria developed by United States Citizenship and Immigration Services in consultation with its Fraud Detection and National Security Directorate, and United States Immigration and Customs Enforcement, except that such criteria shall not include reduction of case processing times or the allocation of adjudicatory resources. A waiver may not be granted under this subparagraph if the alien to be interviewed— invested in a regional center, new commercial enterprise, or job-creating entity that was sanctioned under section 203(b)(5); or is in a class of aliens determined by the Secretary to be threats to public safety or national security. ; by redesignating subsection
(f)as subsection (g); by inserting after subsection
(e)the following: An alien investor who invested the requisite capital and created the employment required under section 203(b)(5)(A)(ii) at least 24 months before admission, and is otherwise conforming to the requirements under section 203(b)(5), may file a petition, before admission for permanent residence, to be considered, at the time of obtaining status of an alien lawfully admitted for permanent residence, to obtain such status without conditions. ; and in subsection (g)(3), as redesignated, by striking a limited partnership and inserting any entity formed for the purpose of doing for-profit business . Except as provided under paragraph (2), the amendments made by subsection
(a)shall take effect on the date of the enactment of this Act. The amendment made by subsection (a)(5)(B)(iv) shall take effect not later than 2 years after the date of the enactment of this Act. The amendments made by subsection
(a)shall not apply to the beneficiary of a petition that is filed under section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b ) if the underlying petition filed pursuant to section 204(a)(1)(H) of such Act ( 8 U.S.C. 1154(a)(1)(H) ) was approved before the date of the enactment of this Act.
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Sec. 5
Conditional permanent resident status for alien investors, spouses, and children
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