I 

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. 

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 Visa Improvement 

5 Act of 2019’’. 


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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),’’ after 

9 ‘‘(ii)’’; and 

10 (2) by adding at the end the following new sub11 paragraph: 

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

13 NONIMMIGRANT INVESTORS.— 

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

15 alien who has been present in the United 

16 States in the status of an alien described 

17 in section 101(a)(15)(E)(ii) for at least 10 

18 years the alien is deemed as satisfying the 

19 requirement of subparagraph (A)(ii) if the 

20 enterprise has created full-time employ21 ment for not fewer than two individuals 

22 described in such subparagraph (A)(ii). 

23 ‘‘(ii) LIMITATION.—Not more than 

24 10,000 visas may be made available under 

25 this paragraph to principal aliens described 

26 in clause (i) in any fiscal year, except that 


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1 such visas shall not be included in the 

2 number in subparagraph (A) and shall not 

3 count towards that limitation on the total 

4 visas made available under this para5 graph.’’. 

6 (b) CONFORMING AMENDMENT.—Section 201(b)(1) 

7 of the Immigration and Nationality Act (8 U.S.C. 

8 1151(b)(1)) is amended by adding at the end the fol9 lowing: 

10 ‘‘(F) Aliens who receive an immigrant visa 

11 under section 203(b)(5)(E).’’. 

12 (c) TREATMENT OF CERTAIN CHILDREN OF NON13 IMMIGRANT INVESTORS.—Section 214 of the Immigration 

14 and Nationality Act (8 U.S.C. 1184) is amended by add15 ing at the end the following: 

16 ‘‘(s) CERTAIN CHILDREN OF NONIMMIGRANT INVES17 TORS.—In the case of an alien seeking or that has status 

18 under section 101(a)(15)(E)(ii), notwithstanding section 

19 101(b)(1), if the son or daughter of that alien is 26 years 

20 of age or younger, that son or daughter shall be deemed 

21 a child of the alien accompanying or following to join him. 

22 The Secretary of Homeland Security may provide employ23 ment authorization to such a son or daughter who is 18 

24 years of age or older and 26 years of age or younger, and 

25 who applies for such authorization. If the alien’s status 


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1 is terminated, such authorization shall also terminate on 

2 the same date.’’. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 subsections (a) and (b) shall take effect on the date of 

5 the enactment of this Act. Periods of presence in the 

6 United States in the status of an alien described in section 

7 101(a)(15)(E)(ii) of the Immigration and Nationality Act 

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

9 counted towards satisfying the time requirement specified 

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

11 U.S.C. 1153(b)(5)) (as added by paragraph (3) of sub12 section (a)). 

13 (e) IMMEDIATE ELIGIBILITY FOR ADJUSTMENT OF

14 STATUS OF CERTAIN LONG-TERM E–2 NONIMMIGRANT

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

16 States in the status of an alien described in section 

17 101(a)(15)(E)(ii) of the Immigration and Nationality Act 

18 for not less than 10 years may be immediately eligible to 

19 adjust status to that of an alien lawfully admitted for per20 manent residence pursuant to the amendment made by 

21 subsection (a). 

Æ 


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