Immigration and Naturalization Investment Ventures for Engineering, Science, and Technology in America Act of 2011 or INVEST in America Act - Amends the Immigration and Nationality Act to provide conditional permanent resident status for an alien entrepreneur (and spouse and children) who: (1) is in the process of completing, or has completed, a graduate level degree in science, technology, engineering, math or a related academic discipline from an accredited U.S. institute of higher education; (2) establishes a new commercial enterprise related to such study that meets specified employment and wage requirements; and (3) is admissible as an immigrant.
Directs the Secretary of Homeland Security (DHS) to terminate such alien's status for fraud or failure to meet status requirements during the 60-month period after obtaining such status.
Directs the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of Education to submit a recruitment, retainment, and investment strategic plan to Congress to attract skilled and talented foreign nationals to immigrate to the United States to create jobs and grow the economy.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3692 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3692
To establish an entrepreneur-based immigrant category for alien
entrepreneurs who have completed or are in the process of completing a
degree in Science, Engineering, Math or a technology-related field.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 2011
Mr. Schiff (for himself and Mr. Bass of New Hampshire) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish an entrepreneur-based immigrant category for alien
entrepreneurs who have completed or are in the process of completing a
degree in Science, Engineering, Math or a technology-related field.
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 ``Immigration and Naturalization
Investment Ventures for Engineering, Science, and Technology in America
Act of 2011'' or ``INVEST in America Act.''
SEC. 2. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN STEM ALIEN
ENTREPRENEURS, SPOUSES, AND CHILDREN.
The Immigration and Nationality Act is amended by inserting after
section 216A the following:
``SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN STEM
ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN.
``(a) In General.--
``(1) Adjustment of status.--Each fiscal year, the status
of not more than 9,940 aliens having status under section
101(a)(15)(F)(i) or 101(a)(15)(H)(i)(b) shall be adjusted to
that of an alien lawfully admitted for permanent residence if
each such alien files an application, at such time and in such
manner as the Secretary of Homeland Security may require, that
includes information sufficient to prove that the alien has
fulfilled the following requirements:
``(A) The alien is in the process of completing, or
has completed within the most recent 3 years preceding
the date of application, a graduate level degree in
science, technology, engineering, math or a related
academic discipline from an accredited United States
college, university or other institute of higher
education.
``(B) The alien establishes and engages in a new
commercial enterprise (including a limited partnership)
that is relevant to the area of study of paragraph (1).
``(C) The alien submits a business plan (which may
be updated and modified as a result of market
conditions as long as the criteria specified in this
section are met), which includes the creation of no
less than 5 new full-time jobs and a minimum of 90
total work months for United States citizens or aliens
lawfully admitted for permanent residence or other
immigrants lawfully authorized to be employed in the
United States (other than the immigrant and the
immigrant's spouse, sons, or daughters) within 5 years
and provides the prevailing wage level for the
occupational classification in the area of employment.
``(D) The alien is admissible as an immigrant,
except that the numerical limitations of sections 201
and 202 shall not apply to the adjustment of aliens to
lawful permanent resident status under this subsection.
``(2) Conditional basis for status.--Notwithstanding any
other provision of this Act, an alien entrepreneur (as defined
in subsection (g)(1)), alien spouse, and alien child (as
defined in subsection (g)(2)) shall be considered, at the time
of obtaining the 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.
``(3) Notice of requirements.--
``(A) At time of obtaining permanent residence.--At
the time an alien entrepreneur, alien spouse, or alien
child obtains permanent resident status on a
conditional basis under paragraph (1), the Secretary of
Homeland Security shall provide for notice to such an
entrepreneur, spouse, or child respecting the
provisions of this section and the requirements of
subsection (c)(1) to have the conditional basis of such
status renewed, and the requirements of subsection
(d)(1) to have the conditional basis of such status
removed.
``(B) At time of required petition.--In addition,
the Secretary of Homeland Security shall attempt to
provide notice to such an entrepreneur, spouse, or
child, at or about the beginning of the 90-day period
described in subsection (e)(2)(A), of the requirements
of subsection (c)(1) and (d)(1).
``(C) Effect of failure to provide notice.--The
failure of the Secretary of Homeland Security to
provide a notice under this paragraph shall not affect
the enforcement of the provisions of this section with
respect to such an entrepreneur, spouse, or child.
``(b) Termination of Status if Finding That Qualifying
Entrepreneurship Improper.--
``(1) In general.--In the case of an alien entrepreneur
with permanent resident status on a conditional basis under
subsection (a), if the Secretary of Homeland Security
determines, before the 60-month anniversary of the alien's
obtaining the status of lawful admission for permanent
residence, that--
``(A) the establishment of the commercial
enterprise was intended solely as a means of evading
the immigration laws of the United States;
``(B)(i) the alien did not establish and engage in
a new commercial enterprise relevant to the graduate
level degree in science, technology, engineering, math
or a related academic discipline; or
``(ii) the alien was not sustaining the actions
described in clause (i) throughout the period of the
alien's residence in the United States; or
``(C) the alien was otherwise not conforming to the
requirements of this section, then the Secretary of
Homeland Security shall so notify the alien involved
and, subject to paragraph (2), shall terminate the
permanent resident status of the alien (and the alien
spouse and alien child) involved as of the date of the
determination.
``(2) Hearing in removal proceeding.--Any alien whose
permanent resident status is terminated under paragraph (1) may
request a review of such determination in a proceeding to
remove the alien. In such proceeding, the burden of proof shall
be on the Secretary of Homeland Security to establish, by a
preponderance of the evidence, that a condition described in
paragraph (1) is met.
``(c) Requirements of Timely Petition and Interview for Renewal of
Condition.--
``(1) In general.--In order for the conditional basis
established under subsection (a) for an alien entrepreneur,
alien spouse, or alien child to be renewed--
``(A) the alien entrepreneur must submit to the
Secretary of Homeland Security, during the period
described in subsection (e)(2), a petition which
requests the renewal of such conditional basis and
which states, under penalty of perjury, the facts and
information described in subsection (e)(1); and
``(B) in accordance with subsection (e)(3), the
alien entrepreneur must appear for a personal interview
before an officer or employee of the Service respecting
the facts and information described in subsection
(e)(1).
``(2) Termination of permanent resident status for failure
to file petition or have personal interview.--
``(A) In general.--In the case of an alien with
permanent resident status on a conditional basis under
subsection (a), if--
``(i) no petition is filed with respect to
the alien in accordance with the provisions of
paragraph (1)(A); or
``(ii) unless there is good cause shown,
the alien entrepreneur fails to appear at the
interview described in paragraph (1)(B) (if
required under subsection (e)(3)), the
Secretary of Homeland Security shall terminate
the permanent resident status of the alien (and
the alien's spouse and children if it was
obtained on a conditional basis under this
section) as of the 30 month anniversary of the
alien's lawful admission for permanent
residence.
``(B) Hearing in removal proceeding.--In any
removal proceeding with respect to an alien whose
permanent resident status is terminated under
subparagraph (A), the burden of proof shall be on the
alien to establish compliance with the conditions of
paragraphs (1)(A) and (1)(B).
``(3) Determination after petition and interview.--
``(A) In general.--If--
``(i) a petition is filed in accordance
with the provisions of paragraph (1)(A); and
``(ii) the alien entrepreneur appears at
any interview described in paragraph (1)(B),
the Secretary of Homeland Security shall make a
determination, within 90 days of the date of
the such filing or interview (whichever is
later), as to whether the facts and information
described in subsection (e)(1) and alleged in
the petition are true with respect to the
qualifying commercial enterprise.
``(B) Renewal of conditional basis if favorable
determination.--If the Secretary of Homeland Security
determines that such facts and information are true,
the Secretary of Homeland Security shall so notify the
alien involved and shall renew the conditional basis of
the alien's status effective as of the 30 month
anniversary of the alien's lawful admission for
permanent residence.
``(C) Termination if adverse determination.--If the
Secretary of Homeland Security determines that such
facts and information are not true, the Secretary of
Homeland Security shall so notify the alien involved
and, subject to subparagraph (D), shall terminate the
permanent resident status of an alien entrepreneur,
alien spouse, or alien child as of the date of the
determination.
``(D) Hearing in removal proceeding.--Any alien
whose permanent resident status is terminated under
subparagraph (C) may request a review of such
determination in a proceeding to remove the alien. In
such proceeding, the burden of proof shall be on the
Secretary of Homeland Security to establish, by a
preponderance of the evidence, that the facts and
information described in subsection (e)(1) and alleged
in the petition are not true with respect to the
qualifying commercial enterprise.
``(d) Requirements of Timely Petition and Interview for Removal of
Condition.--
``(1) In general.--In order for the conditional basis
established under subsection (a) for an alien entrepreneur,
alien spouse, or alien child to be removed--
``(A) the alien entrepreneur must submit to the
Secretary of Homeland Security, during the period
described in subsection (e)(2), a petition which
requests the removal of such conditional basis and
which states, under penalty of perjury, the facts and
information described in subsection (e)(1); and
``(B) in accordance with subsection (e)(3), the
alien entrepreneur must appear for a personal interview
before an officer or employee of the Service respecting
the facts and information described in subsection
(e)(1).
``(2) Termination of permanent resident status for failure
to file petition or have personal interview.--
``(A) In general.--In the case of an alien with
permanent resident status on a conditional basis under
subsection (a), if--
``(i) no petition is filed with respect to
the alien in accordance with the provisions of
paragraph (1)(A); or
``(ii) unless there is good cause shown,
the alien entrepreneur fails to appear at the
interview described in paragraph (1)(B) (if
required under subsection (e)(3)), the
Secretary of Homeland Security shall terminate
the permanent resident status of the alien (and
the alien's spouse and children if it was
obtained on a conditional basis under this
section) as of the 60 month anniversary of the
alien's lawful admission for permanent
residence.
``(B) Hearing in removal proceeding.--In any
removal proceeding with respect to an alien whose
permanent resident status is terminated under
subparagraph (A), the burden of proof shall be on the
alien to establish compliance with the conditions of
paragraphs (1)(A) and (1)(B).
``(3) Determination after petition and interview.--
``(A) In general.--If--
``(i) a petition is filed in accordance
with the provisions of paragraph (1)(A); and
``(ii) the alien entrepreneur appears at
any interview described in paragraph (1)(B),
the Secretary of Homeland Security shall make a
determination, within 90 days of the date of
the such filing or interview (whichever is
later), as to whether the facts and information
described in subsection (e)(1) and alleged in
the petition are true with respect to the
qualifying commercial enterprise.
``(B) Removal of conditional basis if favorable
determination.--If the Secretary of Homeland Security
determines that such facts and information are true,
the Secretary of Homeland Security shall so notify the
alien involved and shall remove the conditional basis
of the alien's status effective as of the 60 month
anniversary of the alien's lawful admission for
permanent residence.
``(C) Termination if adverse determination.--If the
Secretary of Homeland Security determines that such
facts and information are not true, the Secretary of
Homeland Security shall so notify the alien involved
and, subject to subparagraph (D), shall terminate the
permanent resident status of an alien entrepreneur,
alien spouse, or alien child as of the date of the
determination.
``(D) Hearing in removal proceeding.--Any alien
whose permanent resident status is terminated under
subparagraph (C) may request a review of such
determination in a proceeding to remove the alien. In
such proceeding, the burden of proof shall be on the
Secretary of Homeland Security to establish, by a
preponderance of the evidence, that the facts and
information described in subsection (e)(1) and alleged
in the petition are not true with respect to the
qualifying commercial enterprise.
``(e) Details of Petition and Interview.--
``(1) Contents of petition.--
``(A) Each petition under subsection (c)(1)(A)
shall contain facts and information demonstrating that
the alien--
``(i) established and engaged in a new
commercial enterprise relevant to the graduate
level degree in science, technology,
engineering, math or a related academic
discipline;
``(ii) sustained the actions described in
clause (i) throughout the period of the alien's
residence in the United States; and
``(iii) either--
``(I) created no less than 2 new
full-time jobs for United States
citizens or aliens lawfully admitted
for permanent residence or other
immigrants lawfully authorized to be
employed in the United States (other
than the immigrant and the immigrant's
spouse, sons, or daughters) for the
duration of a 6-month minimum prior to
the filing of the petition and provides
the prevailing wage level for the
occupational classification in the area
of employment; or
``(II) invested not less than
$200,000 in the new commercial
enterprise.
``(B) Each petition under subsection (d)(1)(A)
shall contain facts and information demonstrating that
the alien--
``(i) established and engaged in a new
commercial enterprise relevant to the graduate
level degree in science, technology,
engineering, math or a related academic
discipline;
``(ii) sustained the actions described in
clause (i) throughout the period of the alien's
residence in the United States; and
``(iii) either--
``(I) created no less than 5 new
full-time jobs and a minimum of 90
total work months for a United States
citizens or aliens lawfully admitted
for permanent residence or other
immigrants lawfully authorized to be
employed in the United States (other
than the immigrant and the immigrant's
spouse, sons, or daughters) within 5
years and provides the prevailing wage
level for the occupational
classification in the area of
employment; or
``(II) invested not less than
$500,000 in the new commercial
enterprise.
``(C) is otherwise conforming to the requirements
of this section.
``(2) Period for filing petition.--
``(A) In general.--Except as provided in
subparagraph (B)--
``(i) the petition under subsection
(c)(1)(A) must be filed during the 90-day
period before the 36 month anniversary of the
alien's lawful admission for permanent
residence; and
``(ii) the petition under subsection
(d)(1)(A) must be filed during the 90-day
period before the 60 month anniversary of the
alien's lawful admission for permanent
residence.
``(B) Date petitions for good cause.--Such a
petition may be considered if filed after such date,
but only if the alien establishes to the satisfaction
of the Secretary of Homeland Security good cause and
extenuating circumstances for failure to file the
petition during the period described in subparagraph
(A).
``(C) Filing of petitions during removal.--In the
case of an alien who is the subject of removal hearings
as a result of failure to file a petition on a timely
basis in accordance with subparagraph (A), the
Secretary of Homeland Security may stay such removal
proceedings against an alien pending the filing of the
petition under subparagraph (B).
``(3) Personal interview.--The interview under subsection
(c)(1)(B) and (d)(1)(B) shall be conducted within 90 days after
the date of submitting a petition under subsection (c)(1)(A)
and (d)(1)(A), respectively, and at a local office of the
Service, designated by the Secretary of Homeland Security,
which is convenient to the parties involved. The Secretary of
Homeland Security, in the Secretary of Homeland Security's
discretion, may waive the deadline for such an interview or the
requirement for such an interview in such cases as may be
appropriate.
``(f) Treatment of Period for Purposes of Naturalization.--For
purposes of title III, in the case of an alien who is in the United
States as a lawful permanent resident on a conditional basis under this
section, the alien shall be considered to have been admitted as an
alien lawfully admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for permanent
residence.
``(g) Definitions.--In this section:
``(1) Alien entrepreneur.--The term `alien entrepreneur'
means an alien who obtains the status of an alien lawfully
admitted for permanent residence (whether on a conditional
basis or otherwise) under this section.
``(2) Alien spouse; alien child.--The term `alien spouse'
and the term `alien child' mean an alien who obtains the status
of an alien lawfully admitted for permanent residence (whether
on a conditional basis or otherwise) by virtue of being the
spouse or child, respectively, of an alien entrepreneur.
``(3) Commercial enterprise.--The term `commercial
enterprise' includes a limited partnership.
``(4) Investment.--The term `investment' includes
investments by venture capitalists, qualified angel investors,
or the entrepreneur, and also includes reinvested profits.
``(5) Full-time employment.--The term `full-time
employment' means employment in a position that requires at
least 35 hours of service per week at any time, regardless of
who fills the position.''.
SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
(a) In General.--Not later than 5 years after the date of enactment
of this Act, and again not later than 10 years after the date of
enactment, the Comptroller General of the United States shall submit to
Congress a report on the entrepreneur-based immigrant category
established under section 216B of the Immigration and Nationality Act.
(b) Contents.--A report described in subsection (a) shall include
information regarding--
(1) the number of immigrant entrepreneurs who have obtained
conditional permanent residency under the entrepreneur-based
immigrant category;
(2) the number of jobs created through the program;
(3) the titles and wages of the created employment
positions;
(4) the length of employment for the created employment
positions;
(5) the number of immigrant entrepreneurs who were approved
for removal of conditional permanent residence status at the
end of the 5 year conditional status period;
(6) the economic impact of the commercial activity
generated in the United States as a result of immigrant
entrepreneurs; and
(7) any additional information regarding the effects of the
Program.
SEC. 4. RECRUIT, RETAIN, AND INVEST STRATEGIC PLAN.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Homeland Security, the
Secretary of Commerce, and the Secretary of Education shall jointly
submit a strategic plan to be known as the ``Recruitment, Retainment,
and Investment Strategic Plan'' to Congress.
(b) Contents.--The strategic plan described in subsection (a) shall
study and recommend coordinated strategies to attract the highest
skilled and most talented foreign nationals to immigrate to the United
States in order to create American jobs and grow the United States
economy.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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