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. 
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 Nonimmigrant 
Investor Adjustment Act of 2009’’. 
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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)(II),’’ after 
‘‘(ii)’’; 
(2) in subparagraph (C)(i), by inserting ‘‘and 
subparagraph (E)(i)(I)’’ after ‘‘Except as provided 
in this subparagraph’’; and 
(3) 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 
five years— 
‘‘(I) the amount of capital re-
quired under subparagraph (A) shall 
be $200,000; and 
‘‘(II) the alien is deemed as satis-
fying the requirement of subpara-
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graph (A)(ii) if the enterprise has cre-
ated full-time employment for not 
fewer than two individuals (or five in-
dividuals for each year after the third 
year in such status) described in such 
subparagraph (A)(ii). 
‘‘(ii) LIMITATION.—Not more than 
3,000 visas may be made available under 
this paragraph to principal aliens described 
in clause (i) in any fiscal year.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment 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)). 
(c) IMMEDIATE ELIGIBILITY OF ADJUSTMENT OF 
STATUS OF CERTAIN LONG-TERM E–2 NONIMMIGRANT 
INVESTORS.—An alien who has been present in the United 
States as an E–2 nonimmigrant investor for at least five 
years may be immediately eligible to adjust status to that 
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of an alien lawfully admitted for permanent residence pur-
suant to the amendment made by subsection (a). 
Æ 
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