I 

111TH CONGRESS 

1ST SESSION H. R. 1162 

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 

FEBRUARY 24, 2009 

Mr. PUTNAM (for himself and Mrs. MYRICK) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘E–2 Nonimmigrant 

5 Investor Adjustment Act of 2009’’. 


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1 SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT 

2 STATUS OF CERTAIN E–2 NONIMMIGRANT IN3 VESTORS. 

4 (a) IN GENERAL.—Section 203(b)(5) of the Immi5 gration and Nationality Act (8 U.S.C. 1153(b)(5)) is 

6 amended— 

7 (1) in subparagraph (A)(ii), by inserting ‘‘ex8 cept as provided in subparagraph (E)(i)(II),’’ after 

9 ‘‘(ii)’’; 

10 (2) in subparagraph (C)(i), by inserting ‘‘and 

11 subparagraph (E)(i)(I)’’ after ‘‘Except as provided 

12 in this subparagraph’’; and 

13 (3) by adding at the end the following new sub14 paragraph: 

15 ‘‘(E) SPECIAL RULES FOR CERTAIN E–2

16 NONIMMIGRANT INVESTORS.— 

17 ‘‘(i) IN GENERAL.—In the case of an 

18 alien who has been present in the United 

19 States in the status of an alien described 

20 in section 101(a)(15)(E)(ii) for at least 

21 five years— 

22 ‘‘(I) the amount of capital re23 quired under subparagraph (A) shall 

24 be $200,000; and 

25 ‘‘(II) the alien is deemed as satis26 fying the requirement of subparaVerDate Nov 24 2008 20:29 Feb 25, 2009 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1162.IH H1162

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1 graph (A)(ii) if the enterprise has cre2 ated full-time employment for not 

3 fewer than two individuals (or five in4 dividuals for each year after the third 

5 year in such status) described in such 

6 subparagraph (A)(ii). 

7 ‘‘(ii) LIMITATION.—Not more than 

8 3,000 visas may be made available under 

9 this paragraph to principal aliens described 

10 in clause (i) in any fiscal year.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall take effect on the date of the enact13 ment of this Act. Periods of presence in the United States 

14 in the status of an alien described in section 

15 101(a)(15)(E)(ii) of the Immigration and Nationality Act 

16 (8 U.S.C. 1101(a)(15)(E)(ii)) before such date shall be 

17 counted towards satisfying the time requirement specified 

18 in subparagraph (E) of section 203(b)(5) of such Act (8 

19 U.S.C. 1153(b)(5)) (as added by paragraph (3) of sub20 section (a)). 

21 (c) IMMEDIATE ELIGIBILITY OF ADJUSTMENT OF

22 STATUS OF CERTAIN LONG-TERM E–2 NONIMMIGRANT

23 INVESTORS.—An alien who has been present in the United 

24 States as an E–2 nonimmigrant investor for at least five 

25 years may be immediately eligible to adjust status to that 


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1 of an alien lawfully admitted for permanent residence pur2 suant to the amendment made by subsection (a). 

Æ 


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