Sec. 3. Conditional permanent resident status for alien entrepreneurs, 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 ; in subsection (a), by amending paragraph
(1)to read as follows: Except as provided in subparagraph (B), an alien entrepreneur, 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. Alien entrepreneurs who meet the requirements under subsection (d)(2)(A)(ii) shall obtain the status of an alien lawfully admitted for permanent residence without a conditional basis upon approval of the petition required under such subsection. ; 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 , and and inserting a semicolon; in subparagraph (B), by striking Service respecting the facts and information described in subsection (d)(1). and inserting Department of Homeland Security respecting the facts and information described in subsection (d)(1); and ; and by adding at the end the following: the Secretary shall perform a site visit to the job creating entity in which the alien entrepreneur invested capital under section 203(b)(5)(A), which visit may take place at any time after an application for approval of investment in a commercial enterprise is filed under section 203(b)(5)(F). ; and in paragraph (3)(A), by striking the before such filing ; in subsection (d)— in paragraph (1)(A)(ii), by inserting except for alien entrepreneurs described in subsection (d)(2)(A)(ii), before sustained ; in paragraph (2), by amending subparagraph
(A)to read as follows: Except as provided in clause
(ii)and subparagraph (B), the petition under subsection (c)(1)(A) shall be filed during the 90-day period before the second anniversary of the alien entrepreneur’s lawful admission for permanent residence. If the alien entrepreneur has sustained the actions described in paragraph (1)(A)(i) for at least a 24-month period before admission, the alien entrepreneur may file the petition under subsection (c)(1)(A) any time after such period and before admission for permanent residence. ; and in paragraph (3), by striking Service and inserting Department of Homeland Security ; by redesignating subsection
(f)as subsection (g); and by inserting after subsection
(e)the following: If the Secretary of Homeland Security determines, in the Secretary’s sole and unreviewable discretion, that the approval of any petition under this section or the conditional permanent resident status granted to an alien entrepreneur under subsection
(a)is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to public safety or national security, the Secretary shall— notify the alien involved of such determination without being required to disclose the basis for such determination to the extent such disclosure would be contrary to the national interest of the United States; and deny such petition or terminate the permanent resident status of the alien involved (and the alien spouse and alien children of such immigrant) as of the date of such determination. . Except as provided under paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. The amendment made by subsection (a)(3)(B)(iv) shall take effect on the date that is 2 years after the date of the enactment of this Act.
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Sec. 3
Conditional permanent resident status for alien entrepreneurs, spouses, and children
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