I 
112TH CONGRESS 
1ST SESSION H. R. 3692 
To establish an entrepreneur-based immigrant category for alien entre-
preneurs 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Immigration and Nat-
uralization Investment Ventures for Engineering, Science, 
and Technology in America Act of 2011’’ or ‘‘INVEST 
in America Act.’’ 
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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 hav-
ing 
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 Secu-
rity may require, that includes information sufficient 
to prove that the alien has fulfilled the following re-
quirements: 
‘‘(A) The alien is in the process of com-
pleting, or has completed within the most re-
cent 3 years preceding the date of application, 
a graduate level degree in science, technology, 
engineering, math or a related academic dis-
cipline from an accredited United States col-
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lege, university or other institute of higher edu-
cation. 
‘‘(B) The alien establishes and engages in 
a new commercial enterprise (including a lim-
ited 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 in-
cludes 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 law-
fully 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 immi-
grant, except that the numerical limitations of 
sections 201 and 202 shall not apply to the ad-
justment of aliens to lawful permanent resident 
status under this subsection. 
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‘‘(2) CONDITIONAL BASIS FOR STATUS.—Not-
withstanding any other provision of this Act, an 
alien entrepreneur (as defined in subsection (g)(1)), 
alien spouse, and alien child (as defined in sub-
section (g)(2)) shall be considered, at the time of ob-
taining 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 entre-
preneur, alien spouse, or alien child obtains per-
manent resident status on a conditional basis 
under paragraph (1), the Secretary of Home-
land 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 require-
ments of subsection (d)(1) to have the condi-
tional basis of such status removed. 
‘‘(B) AT TIME OF REQUIRED PETITION.— 
In addition, the Secretary of Homeland Secu-
rity shall attempt to provide notice to such an 
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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 en-
trepreneur with permanent resident status on a con-
ditional 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 en-
gage in a new commercial enterprise relevant to 
the graduate level degree in science, technology, 
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engineering, math or a related academic dis-
cipline; or 
‘‘(ii) the alien was not sustaining the ac-
tions described in clause (i) throughout the pe-
riod of the alien’s residence in the United 
States; or 
‘‘(C) the alien was otherwise not con-
forming to the requirements of this section, 
then the Secretary of Homeland Security shall 
so notify the alien involved and, subject to para-
graph (2), shall terminate the permanent resi-
dent 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 de-
scribed in paragraph (1) is met. 
‘‘(c) REQUIREMENTS
OF TIMELY PETITION
AND 
INTERVIEW FOR RENEWAL OF CONDITION.— 
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‘‘(1) IN GENERAL.—In order for the conditional 
basis established under subsection (a) for an alien 
entrepreneur, alien spouse, or alien child to be re-
newed— 
‘‘(A) the alien entrepreneur must submit 
to the Secretary of Homeland Security, during 
the period described in subsection (e)(2), a peti-
tion which requests the renewal of such condi-
tional 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 per-
sonal 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 
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‘‘(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 Secu-
rity shall terminate the permanent resident 
status of the alien (and the alien’s spouse 
and children if it was obtained on a condi-
tional basis under this section) as of the 
30 month anniversary of the alien’s lawful 
admission for permanent residence. 
‘‘(B) 
HEARING
IN
REMOVAL
PRO-
CEEDING.—In any removal proceeding with re-
spect to an alien whose permanent resident sta-
tus is terminated under subparagraph (A), the 
burden of proof shall be on the alien to estab-
lish compliance with the conditions of para-
graphs (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 
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‘‘(ii) the alien entrepreneur appears at 
any interview described in paragraph 
(1)(B), the Secretary of Homeland Secu-
rity shall make a determination, within 90 
days of the date of the such filing or inter-
view (whichever is later), as to whether the 
facts and information described in sub-
section (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 in-
volved 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
DETER-
MINATION.—If the Secretary of Homeland Se-
curity determines that such facts and informa-
tion are not true, the Secretary of Homeland 
Security shall so notify the alien involved and, 
subject to subparagraph (D), shall terminate 
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the permanent resident status of an alien entre-
preneur, alien spouse, or alien child as of the 
date of the determination. 
‘‘(D) 
HEARING
IN
REMOVAL
PRO-
CEEDING.—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 pro-
ceeding, 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 re-
spect 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 re-
moved— 
‘‘(A) the alien entrepreneur must submit 
to the Secretary of Homeland Security, during 
the period described in subsection (e)(2), a peti-
tion which requests the removal of such condi-
tional basis and which states, under penalty of 
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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 per-
sonal 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 Secu-
rity shall terminate the permanent resident 
status of the alien (and the alien’s spouse 
and children if it was obtained on a condi-
tional basis under this section) as of the 
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60 month anniversary of the alien’s lawful 
admission for permanent residence. 
‘‘(B) 
HEARING
IN
REMOVAL
PRO-
CEEDING.—In any removal proceeding with re-
spect to an alien whose permanent resident sta-
tus is terminated under subparagraph (A), the 
burden of proof shall be on the alien to estab-
lish compliance with the conditions of para-
graphs (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 Secu-
rity shall make a determination, within 90 
days of the date of the such filing or inter-
view (whichever is later), as to whether the 
facts and information described in sub-
section (e)(1) and alleged in the petition 
are true with respect to the qualifying 
commercial enterprise. 
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a preponderance of the evidence, that the facts 
and information described in subsection (e)(1) 
and alleged in the petition are not true with re-
spect 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 grad-
uate level degree in science, technology, en-
gineering, math or a related academic dis-
cipline; 
‘‘(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 citi-
zens or aliens lawfully admitted for 
permanent residence or other immi-
grants lawfully authorized to be em-
ployed in the United States (other 
than the immigrant and the immi-
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grant’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 en-
terprise. 
‘‘(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 grad-
uate level degree in science, technology, en-
gineering, math or a related academic dis-
cipline; 
‘‘(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 
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permanent residence or other immi-
grants lawfully authorized to be em-
ployed in the United States (other 
than the immigrant and the immi-
grant’s spouse, sons, or daughters) 
within 5 years and provides the pre-
vailing wage level for the occupational 
classification in the area of employ-
ment; or 
‘‘(II) invested not less than 
$500,000 in the new commercial en-
terprise. 
‘‘(C) is otherwise conforming to the re-
quirements 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 
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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 estab-
lishes 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 RE-
MOVAL.—In the case of an alien who is the sub-
ject of removal hearings as a result of failure 
to file a petition on a timely basis in accordance 
with subparagraph (A), the Secretary of Home-
land Security may stay such removal pro-
ceedings 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 submit-
ting 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. 
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The Secretary of Homeland Security, in the Sec-
retary of Homeland Security’s discretion, may waive 
the deadline for such an interview or the require-
ment 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 perma-
nent 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 resi-
dence (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 ad-
mitted for permanent residence (whether on a condi-
tional basis or otherwise) by virtue of being the 
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spouse or child, respectively, of an alien entre-
preneur. 
‘‘(3) COMMERCIAL
ENTERPRISE.—The term 
‘commercial enterprise’ includes a limited partner-
ship. 
‘‘(4) INVESTMENT.—The term ‘investment’ in-
cludes investments by venture capitalists, qualified 
angel investors, or the entrepreneur, and also in-
cludes reinvested profits. 
‘‘(5) FULL-TIME
EMPLOYMENT.—The term 
‘full-time employment’ means employment in a posi-
tion that requires at least 35 hours of service per 
week at any time, regardless of who fills the posi-
tion.’’. 
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 es-
tablished under section 216B of the Immigration and Na-
tionality Act. 
(b) CONTENTS.—A report described in subsection (a) 
shall include information regarding— 
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(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 pro-
gram; 
(3) the titles and wages of the created employ-
ment 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 ac-
tivity generated in the United States as a result of 
immigrant entrepreneurs; and 
(7) any additional information regarding the ef-
fects 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 Home-
land Security, the Secretary of Commerce, and the Sec-
retary of Education shall jointly submit a strategic plan 
to be known as the ‘‘Recruitment, Retainment, and Invest-
ment Strategic Plan’’ to Congress. 
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(b) CONTENTS.—The strategic plan described in sub-
section (a) shall study and recommend coordinated strate-
gies to attract the highest skilled and most talented for-
eign nationals to immigrate to the United States in order 
to create American jobs and grow the United States econ-
omy. 
Æ 
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