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SUBCHAPTER II—CERTAIN ALIEN ENTREPRENEURS, SPOUSES,
AND CHILDREN
§ 4521. Definitions
In this subchapter—
(1) ‘‘alien child’’ means an alien who acquires the status of an alien
lawfully admitted for permanent residence because the alien is the child
of an alien entrepreneur.
(2) ‘‘alien entrepreneur’’ means an alien who acquires the status of
an alien lawfully admitted for permanent residence under section
4104(f) of this title.
(3) ‘‘alien spouse’’ means an alien who acquires the status of an
alien lawfully admitted for permanent residence because the alien is the
spouse of an alien entrepreneur.
§ 4522. Conditional basis of status
(a) GENERAL.—An alien entrepreneur, alien spouse, or alien child, when
acquiring the status of an alien lawfully admitted for permanent residence,
acquires that status on a conditional basis as provided in this subchapter.
(b) NOTICE REQUIREMENTS.—When an alien entrepreneur, alien spouse,
or alien child acquires the status of an alien lawfully admitted for perma-
nent residence on a conditional basis under subsection (a) of this section,
the Attorney General shall notify the entrepreneur, spouse, or child about
this subchapter and the requirements of section 4523 of this title to have
the conditional basis of the status removed. However, the failure of the At-
torney General to provide notice does not affect the enforcement of this sub-
chapter against the entrepreneur, spouse, or child.
§ 4523. General requirements to remove conditional basis
To remove the conditional basis established under section 4522(a) of this
title, the alien entrepreneur must—
(1) submit to the Attorney General a petition requesting the removal
of the conditional basis and containing, under penalty of perjury, the
information described in section 4524(b) of this section; and
(2) appear before the Attorney General for a personal interview
about the information required by section 4524(b).
§ 4524. Petitions
(a) TIME FOR SUBMISSION.—(1) Except as provided in paragraph (2) of
this subsection, the petition required by section 4523(1) of this title must
be submitted during the 90-day period immediately before the 2d anniver-
sary that the alien acquired the status of an alien lawfully admitted for per-
manent residence.
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(2) A petition submitted after the 90-day period may be considered only
if the alien satisfies the Attorney General that good cause and extenuating
circumstances exist for not submitting the petition during that period.
(3) The Attorney General may stay a deportation proceeding against an
alien who did not submit a petition within the 90-day period required under
paragraph (1) of this subsection pending the submission of the petition
under paragraph (2) of this subsection.
(4) At or about the beginning of the 90-day period, the Attorney General
shall try to notify the alien entrepreneur, alien spouse, or alien child of the
requirements of section 4523 of this title. However, the failure of the Attor-
ney General to provide notice does not affect the enforcement of this chap-
ter against the entrepreneur, spouse, or child.
(b) CONTENTS.—Each petition shall contain information demonstrating
that the alien—
(1) established a commercial enterprise;
(2) invested or was actively in the process of investing the required
capital; and
(3) conducted the actions described in clauses (1) and (2) of this
subsection during the entire period of the alien’s residence in the
United States.
§ 4525. Personal interviews
(a) TIME AND LOCATION REQUIREMENTS.—(1) The personal interview
required by section 4523(2) of this title shall be conducted—
(A) within 90 days after the date a petition is submitted as required
by section 4523(1) of this title; and
(B) at a local office of the Immigration and Naturalization Service
the Attorney General designates that is convenient to the parties in-
volved.
(2) The Attorney General may waive the interview or the deadline for the
interview when appropriate.
(b) DECISIONS ON TRUTHFULNESS OF STATEMENTS.—Within 90 days
after an interview is conducted under section 4523(2) of this title, the At-
torney General shall decide whether the information in the petition and re-
quired by section 4524(b) of this title about the qualifying commercial en-
terprise is true.
§ 4526. Favorable decisions on removing the conditional
basis
If the Attorney General decides the information required by section
4524(b) of this title is true, the Attorney General shall notify the alien in-
volved and shall remove the conditional basis of the status of the alien effec-
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tive on the 2d anniversary that the alien acquired the status of an alien
lawfully admitted for permanent residence.
§ 4527. Unfavorable decisions on removing the conditional
basis
(a) IMPROPER QUALIFYING ENTREPRENEURSHIPS.—The Attorney Gen-
eral shall end, as of the date the Attorney General makes a decision under
this subsection, the status of an alien entrepreneur, alien spouse, and alien
child as aliens lawfully admitted for permanent residence and shall so notify
the alien entrepreneur if, before the 2d anniversary of the date the alien
entrepreneur acquired the status, the Attorney General decides the alien en-
trepreneur—
(1) established the commercial enterprise only to evade the immigra-
tion laws of the United States;
(2)(A) did not establish a commercial enterprise;
(B) did not invest or was not actively in the process of investing the
required capital; or
(C) was not conducting the actions described in subclauses (A) and
(B) of this clause during the entire period of the alien’s residence in
the United States; or
(3) otherwise was not complying with the requirements of section
4104(f) of this title.
(b) UNTRUE PETITION INFORMATION.—If the Attorney General decides
any information required by section 4524(b) of this title is not true, the At-
torney General shall end, as of the date of the decision, the status of an
alien entrepreneur, alien spouse, or alien child as an alien lawfully admitted
for permanent residence and notify the alien involved.
(c) FAILURE TO FILE PETITIONS OR HAVE PERSONAL INTERVIEWS.—
The Attorney General shall end, as of the 2d anniversary of the alien’s law-
ful admission for permanent residence, the status of an alien entrepreneur
as an alien lawfully admitted for permanent residence (and the status of the
entrepreneur’s spouse or child if acquired under section 4502(a) or 4522(a)
of this title) if—
(1) a petition is not submitted as required by section 4523(1) of this
title; or
(2) unless good cause is shown, the alien entrepreneur does not ap-
pear at the interview required by section 4523(2) of this title.
(d) REVIEW OF DECISIONS.—(1) An alien whose permanent residence
status is ended under subsection (a) or (b) of this section may request a
review of the decision in a deportation proceeding. The burden of proof is
on the Attorney General to establish by a preponderance of the evidence
that—