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[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>
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