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) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend the Immigration and Nationality Act to permit 
certain E–2 nonimmigrant investors to adjust status to 
lawful permanent resident status. 
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 ‘‘E–2 Visa Improvement 
Act of 2019’’. 
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SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT 
STATUS OF CERTAIN E–2 NONIMMIGRANT IN-
VESTORS. 
(a) IN GENERAL.—Section 203(b)(5) of the Immi-
gration and Nationality Act (8 U.S.C. 1153(b)(5)) is 
amended— 
(1) in subparagraph (A)(ii), by inserting ‘‘ex-
cept as provided in subparagraph (E)(i),’’ after 
‘‘(ii)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(E) SPECIAL
RULES
FOR
CERTAIN
E–2 
NONIMMIGRANT INVESTORS.— 
‘‘(i) IN GENERAL.—In the case of an 
alien who has been present in the United 
States in the status of an alien described 
in section 101(a)(15)(E)(ii) for at least 10 
years the alien is deemed as satisfying the 
requirement of subparagraph (A)(ii) if the 
enterprise has created full-time employ-
ment for not fewer than two individuals 
described in such subparagraph (A)(ii). 
‘‘(ii) LIMITATION.—Not more than 
10,000 visas may be made available under 
this paragraph to principal aliens described 
in clause (i) in any fiscal year, except that 
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such visas shall not be included in the 
number in subparagraph (A) and shall not 
count towards that limitation on the total 
visas made available under this para-
graph.’’. 
(b) CONFORMING AMENDMENT.—Section 201(b)(1) 
of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)) is amended by adding at the end the fol-
lowing: 
‘‘(F) Aliens who receive an immigrant visa 
under section 203(b)(5)(E).’’. 
(c) TREATMENT OF CERTAIN CHILDREN OF NON-
IMMIGRANT INVESTORS.—Section 214 of the Immigration 
and Nationality Act (8 U.S.C. 1184) is amended by add-
ing at the end the following: 
‘‘(s) CERTAIN CHILDREN OF NONIMMIGRANT INVES-
TORS.—In the case of an alien seeking or that has status 
under section 101(a)(15)(E)(ii), notwithstanding section 
101(b)(1), if the son or daughter of that alien is 26 years 
of age or younger, that son or daughter shall be deemed 
a child of the alien accompanying or following to join him. 
The Secretary of Homeland Security may provide employ-
ment authorization to such a son or daughter who is 18 
years of age or older and 26 years of age or younger, and 
who applies for such authorization. If the alien’s status 
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is terminated, such authorization shall also terminate on 
the same date.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect on the date of 
the enactment of this Act. Periods of presence in the 
United States in the status of an alien described in section 
101(a)(15)(E)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)(E)(ii)) before such date shall be 
counted towards satisfying the time requirement specified 
in subparagraph (E) of section 203(b)(5) of such Act (8 
U.S.C. 1153(b)(5)) (as added by paragraph (3) of sub-
section (a)). 
(e) IMMEDIATE ELIGIBILITY FOR ADJUSTMENT OF 
STATUS OF CERTAIN LONG-TERM E–2 NONIMMIGRANT 
INVESTORS.—An alien who has been present in the United 
States in the status of an alien described in section 
101(a)(15)(E)(ii) of the Immigration and Nationality Act 
for not less than 10 years may be immediately eligible to 
adjust status to that of an alien lawfully admitted for per-
manent residence pursuant to the amendment made by 
subsection (a). 
Æ 
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