[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2124 Introduced in House (IH)]

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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) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E-2 Visa Improvement Act of 2019''.

SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN E-2 
              NONIMMIGRANT INVESTORS.

    (a) In General.--Section 203(b)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(5)) is amended--
            (1) in subparagraph (A)(ii), by inserting ``except as 
        provided in subparagraph (E)(i),'' after ``(ii)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(E) Special rules for certain e-2 nonimmigrant 
                investors.--
                            ``(i) In general.--In the case of an alien 
                        who has been present in the United States in 
                        the status of an alien described in section 
                        101(a)(15)(E)(ii) for at least 10 years the 
                        alien is deemed as satisfying the requirement 
                        of subparagraph (A)(ii) if the enterprise has 
                        created full-time employment for not fewer than 
                        two individuals described in such subparagraph 
                        (A)(ii).
                            ``(ii) Limitation.--Not more than 10,000 
                        visas may be made available under this 
                        paragraph to principal aliens described in 
                        clause (i) in any fiscal year, except that such 
                        visas shall not be included in the number in 
                        subparagraph (A) and shall not count towards 
                        that limitation on the total visas made 
                        available under this paragraph.''.
    (b) Conforming Amendment.--Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end 
the following:
                    ``(F) Aliens who receive an immigrant visa under 
                section 203(b)(5)(E).''.
    (c) Treatment of Certain Children of Nonimmigrant Investors.--
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is 
amended by adding at the end the following:
    ``(s) Certain Children of Nonimmigrant Investors.--In the case of 
an alien seeking or that has status under section 101(a)(15)(E)(ii), 
notwithstanding section 101(b)(1), if the son or daughter of that alien 
is 26 years of age or younger, that son or daughter shall be deemed a 
child of the alien accompanying or following to join him. The Secretary 
of Homeland Security may provide employment authorization to such a son 
or daughter who is 18 years of age or older and 26 years of age or 
younger, and who applies for such authorization. If the alien's status 
is terminated, such authorization shall also terminate on the same 
date.''.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on the date of the enactment of this Act. Periods of 
presence in the United States in the status of an alien described in 
section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(E)(ii)) before such date shall be counted towards 
satisfying the time requirement specified in subparagraph (E) of 
section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) (as added by 
paragraph (3) of subsection (a)).
    (e) Immediate Eligibility for Adjustment of Status of Certain Long-
Term E-2 Nonimmigrant Investors.--An alien who has been present in the 
United States in the status of an alien described in section 
101(a)(15)(E)(ii) of the Immigration and Nationality Act for not less 
than 10 years may be immediately eligible to adjust status to that of 
an alien lawfully admitted for permanent residence pursuant to the 
amendment made by subsection (a).
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