IB 
Union Calendar No. 507 
113TH CONGRESS 
2D SESSION 
H. R. 2131 
[Report No. 113–676, Part I] 
To amend the Immigration and Nationality Act to enhance American competi-
tiveness through the encouragement of high-skilled immigration, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2013 
Mr. ISSA (for himself, Mr. GOODLATTE, Mr. SMITH of Texas, Mr. COBLE, Mr. 
ROKITA, Mr. POE of Texas, Mr. FARENTHOLD, Mr. HOLDING, Mr. SEN-
SENBRENNER, Mr. THOMPSON of Pennsylvania, Mr. CAMPBELL, Mr. 
CHABOT, Mr. BACHUS, Mr. HANNA, Mr. CALVERT, Mr. FRANKS of Ari-
zona, and Mr. TERRY) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
Education and the Workforce, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
DECEMBER 15, 2014 
Additional sponsors: Mr. KINZINGER of Illinois, Mr. WESTMORELAND, Mr. 
ROONEY, Mr. HULTGREN, Mr. COOK, and Mr. WITTMAN 
DECEMBER 15, 2014 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 15, 2014 
The Committee on Education and the Workforce discharged; committed to the 
Committee of the Whole House on the State of the Union and ordered 
to be printed 
[For text of introduced bill, see copy of bill as introduced on May 23, 2013] 
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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 ‘‘Supplying Knowledge- 
based Immigrants and Lifting Levels of STEM Visas Act’’ 
or the ‘‘SKILLS Visa Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Sense of Congress. 
TITLE I—IMMIGRANT VISA REFORMS 
Sec. 101. Immigrant visas for certain advanced STEM graduates. 
Sec. 102. Immigrant visas for entrepreneurs. 
Sec. 103. Additional employment-based immigrant visas. 
Sec. 104. Employment creation immigrant visas. 
Sec. 105. Family-sponsored immigrant visas. 
Sec. 106. Elimination of diversity immigrant program. 
Sec. 107. Numerical limitation to any single foreign state. 
Sec. 108. Physicians. 
Sec. 109. Permanent priority dates. 
Sec. 110. Set-aside for health care workers. 
TITLE II—NONIMMIGRANT VISA REFORMS 
Sec. 201. H–1B visas. 
Sec. 202. L visas. 
Sec. 203. O visas. 
Sec. 204. Mexican and Canadian professionals. 
Sec. 205. H-1B1 and E-3 Visas. 
Sec. 206. Students. 
Sec. 207. Extension of employment eligibility while visa extension petition pend-
ing. 
Sec. 208. Fraud detection and prevention fee. 
Sec. 209. Technical correction. 
TITLE III—REFORMS AFFECTING BOTH IMMIGRANT AND 
NONIMMIGRANT VISAS 
Sec. 301. Prevailing wages. 
Sec. 302. Streamlining petitions for established employers. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of the Congress that: 
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(1) Our Nation’s future economic prosperity in 
the global economy is strongly linked to the ability of 
our schools to educate students in the science, tech-
nology, engineering, and mathematics (STEM) sub-
jects. 
(2) A portion of application fees paid by em-
ployers seeking to hire foreign workers should be de-
voted to supporting improvements in STEM edu-
cation in the United States, including computer 
science education, at the elementary, secondary, and 
university levels in order to reduce our dependence on 
foreign workers over time. 
(3) Such funds should be used to support— 
(A) building the capacity of every State to 
improve student achievement in STEM subjects, 
especially in the most high-need school districts; 
(B) supporting innovation in STEM edu-
cation through partnerships between elementary 
and secondary schools, universities, non-profits, 
businesses, and informal education and commu-
nity-based partners; 
(C) broadening the diversity and capacity 
of the STEM education pipeline in the United 
States through scholarships and other forms of 
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assistance to American students who study in 
these subjects; and 
(D) improving and promoting STEM edu-
cation for underrepresented populations, includ-
ing economically disadvantaged individuals in 
STEM fields. 
TITLE I—IMMIGRANT VISA 
REFORMS 
SEC. 101. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM 
GRADUATES. 
(a) WORLDWIDE LEVEL OF IMMIGRATION.—Section 
201(d)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1151(d)(1)(A)) is amended by striking ‘‘140,000,’’ 
and inserting ‘‘140,000 in fiscal years through 2013 and 
195,000 beginning in fiscal year 2014, reduced for any fis-
cal year beginning in fiscal year 2014 by the number by 
which the number of visas under section 201(e) would have 
been reduced in that year pursuant to section 203(d) of the 
Nicaraguan Adjustment and Central American Relief Act 
(8 U.S.C. 1151 note) if section 201(e) had not been repealed 
by section 106 of the SKILLS Visa Act,’’. 
(b) PREFERENCE ALLOCATION
FOR EMPLOYMENT- 
BASED IMMIGRANTS.—Section 203(b) of such Act (8 U.S.C. 
1153(b)) is amended— 
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(1) by redesignating paragraph (6) as para-
graph (9); and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) ALIENS
HOLDING
DOCTORATE
DEGREES 
FROM U.S. DOCTORAL INSTITUTIONS OF HIGHER EDU-
CATION IN SCIENCE, TECHNOLOGY, ENGINEERING, OR 
MATHEMATICS.— 
‘‘(A) IN
GENERAL.—Visas shall be made 
available, in a number not to exceed 55,000, re-
duced for any fiscal year by the number by 
which the number of visas under section 201(e) 
would have been reduced in that year pursuant 
to section 203(d) of the Nicaraguan Adjustment 
and Central American Relief Act (8 U.S.C. 1151 
note) if section 201(e) had not been repealed by 
section 106 of the SKILLS Visa Act, plus any 
visas not required for the classes specified in 
paragraph (1), to qualified immigrants who— 
‘‘(i) hold a doctorate degree in a field 
of science, technology, engineering, or math-
ematics from a United States doctoral insti-
tution of higher education, or have success-
fully completed a dental, medical, or veteri-
nary residency program (within the sum-
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mary group of residency programs in the 
Department of Education’s Classification of 
Instructional Programs taxonomy), have re-
ceived a medical degree (MD) in a program 
that prepares individuals for the inde-
pendent professional practice of medicine 
(series 51.12 in the Department of Edu-
cation’s Classification of Instructional Pro-
grams taxonomy), have received a dentistry 
degree (DDS, DMD) in a program that pre-
pares individuals for the independent pro-
fessional practice of dentistry/dental medi-
cine (series 51.04 in the Department of 
Education’s Classification of Instructional 
Programs taxonomy), have received a vet-
erinary degree (DVM) in a program that 
prepares individuals for the independent 
professional practice of veterinary medicine 
(series 51.24 in the Department of Edu-
cation’s Classification of Instructional Pro-
grams taxonomy), or have received an osteo-
pathic medicine/osteopathy degree (DO) in 
a program that prepares individuals for the 
independent professional practice of osteo-
pathic medicine (series 51.19 in the Depart-
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ment of Education’s Classification of In-
structional Programs taxonomy) from an 
institution that is described in subclauses 
(I), (III), and (IV) of subparagraph 
(B)(iii); and 
‘‘(ii) have taken not less than 85 per-
cent of the courses required for such degrees, 
including all courses taken by correspond-
ence (including courses offered by tele-
communications) or by distance education, 
while physically present in the United 
States. 
‘‘(B) DEFINITIONS.—For purposes of this 
paragraph, 
paragraph 
(7), 
and 
sections 
101(a)(15)(F)(i)(I) and 212(a)(5)(A)(iii)(III): 
‘‘(i) The term ‘distance education’ has 
the meaning given such term in section 103 
of the Higher Education Act of 1965 (20 
U.S.C. 1003). 
‘‘(ii) The term ‘field of science, tech-
nology, engineering, or mathematics’ means 
a field included in the Department of Edu-
cation’s Classification of Instructional Pro-
grams taxonomy within the summary 
groups 
of 
computer 
and 
information 
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sciences and support services, engineering, 
biological and biomedical sciences, mathe-
matics and statistics, physical sciences, and 
the series geography and cartography (series 
45.07), advanced/graduate dentistry and 
oral sciences (series 51.05) and nursing (se-
ries 51.38). 
‘‘(iii) The term ‘United States doctoral 
institution of higher education’ means an 
institution that— 
‘‘(I) is described in section 101(a) 
of the Higher Education Act of 1965 
(20 U.S.C. 1001(a)) or is a propri-
etary institution of higher education 
(as defined in section 102(b) of such 
Act (20 U.S.C. 1002(b))); 
‘‘(II) was classified by the Car-
negie Foundation for the Advancement 
of Teaching on January 1, 2013, as a 
doctorate-granting university with a 
very high or high level of research ac-
tivity or classified by the National 
Science Foundation after the date of 
enactment of this paragraph, pursuant 
to an application by the institution, as 
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having equivalent research activity to 
those institutions that had been classi-
fied by the Carnegie Foundation as 
being doctorate-granting universities 
with a very high or high level of re-
search activity; 
‘‘(III) has been in existence for at 
least 10 years; and 
‘‘(IV) is accredited by an accred-
iting body that is itself accredited ei-
ther by the Department of Education 
or by the Council for Higher Edu-
cation Accreditation. 
‘‘(C) LABOR CERTIFICATION REQUIRED.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the Secretary of Homeland Security 
may not approve a petition filed for classi-
fication of an alien under subparagraph (A) 
unless the Secretary of Homeland Security 
is in receipt of a determination made by the 
Secretary of Labor pursuant to the provi-
sions of section 212(a)(5)(A), except that the 
Secretary of Homeland Security may, when 
the Secretary deems it to be in the national 
interest, waive this requirement. 
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‘‘(ii) REQUIREMENT
DEEMED
SATIS-
FIED.—The requirement of clause (i) shall 
be deemed satisfied with respect to an em-
ployer and an alien in a case in which a 
certification 
made 
under 
section 
212(a)(5)(A)(i) has already been obtained 
with respect to the alien by that employer. 
‘‘(7) ALIENS HOLDING MASTER’S DEGREES FROM 
U.S. DOCTORAL INSTITUTIONS OF HIGHER EDUCATION 
IN SCIENCE, TECHNOLOGY, ENGINEERING, OR MATHE-
MATICS.— 
‘‘(A) IN GENERAL.—Any visas not required 
for the classes specified in paragraphs (1) and 
(6) shall be made available to the classes of 
aliens who— 
‘‘(i) hold a master’s degree in a field of 
science, technology, engineering, or mathe-
matics from a United States doctoral insti-
tution of higher education that was either 
part of a master’s program that required at 
least 2 years of enrollment or part of a 5- 
year combined baccalaureate-master’s degree 
program in such field; 
‘‘(ii) have taken not less than 85 per-
cent of the master’s degree courses in a field 
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of science, technology, engineering, or math-
ematics, including all courses taken by cor-
respondence (including courses offered by 
telecommunications) or by distance edu-
cation, while physically present in the 
United States; and 
‘‘(iii) hold a baccalaureate degree in a 
field of science, technology, engineering, or 
mathematics. 
‘‘(B) LABOR CERTIFICATION REQUIRED.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the Secretary of Homeland Security 
may not approve a petition filed for classi-
fication of an alien under subparagraph (A) 
unless the Secretary of Homeland Security 
is in receipt of a determination made by the 
Secretary of Labor pursuant to the provi-
sions of section 212(a)(5)(A), except that the 
Secretary of Homeland Security may, when 
the Secretary deems it to be in the national 
interest, waive this requirement. 
‘‘(ii) REQUIREMENT
DEEMED
SATIS-
FIED.—The requirement of clause (i) shall 
be deemed satisfied with respect to an em-
ployer and an alien in a case in which a 
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certification 
made 
under 
section 
212(a)(5)(A)(i) has already been obtained 
with respect to the alien by that employer. 
‘‘(C) DEFINITIONS.—The definitions in 
paragraph (6)(B) shall apply for purposes of 
this paragraph.’’. 
(c) ALIENS WHO ARE MEMBERS OF THE PROFES-
SIONS HOLDING ADVANCED DEGREES OR ALIENS OF EX-
CEPTIONAL ABILITY.—Section 203(b)(2)(A) of such Act (8 
U.S.C. 1153(b)(2)(A)) is amended by striking ‘‘paragraph 
(1),’’ and inserting ‘‘paragraphs (1), (6), (7), and (8),’’. 
(d) SKILLED WORKERS, PROFESSIONALS, AND OTHER 
WORKERS.—Section 203(b)(3)(A) of such Act (8 U.S.C. 
1153(b)(3)(A)) is amended by striking ‘‘paragraphs (1) and 
(2),’’ and inserting ‘‘paragraphs (1), (2), (6), and (7),’’. 
(e) PROCEDURE
FOR GRANTING IMMIGRANT STA-
TUS.—Section 204(a)(1)(F) of such Act (8 U.S.C. 
1154(a)(1)(F)) is amended— 
(1) by striking ‘‘(F)’’ and inserting ‘‘(F)(i)’’; 
(2) by striking ‘‘or 203(b)(3)’’ and inserting 
‘‘203(b)(3), 203(b)(6), or 203(b)(7)’’; 
(3) by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary of Homeland Security’’; and 
(4) by adding at the end the following: 
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‘‘(ii) The following processing standards shall apply 
with respect to petitions under clause (i) relating to alien 
beneficiaries qualifying under paragraph (6) or (7) of sec-
tion 203(b): 
‘‘(I) The Secretary of Homeland Security shall 
adjudicate such petitions not later than 60 days after 
the date on which the petition is filed. In the event 
that additional information or documentation is re-
quested by the Secretary during such 60-day period, 
the Secretary shall adjudicate the petition not later 
than 30 days after the date on which such informa-
tion or documentation is received. 
‘‘(II) The petitioner shall be notified in writing 
within 30 days of the date of filing if the petition 
does not meet the standards for approval. If the peti-
tion does not meet such standards, the notice shall in-
clude the reasons therefore and the Secretary shall 
provide an opportunity for the prompt resubmission 
of a modified petition.’’. 
(f) LABOR CERTIFICATION AND QUALIFICATION FOR 
CERTAIN IMMIGRANTS.—Section 212(a)(5) of such Act (8 
U.S.C. 1182(a)(5)) is amended— 
(1) in subparagraph (A)— 
(A) in clause (ii)— 
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(i) in subclause (I), by striking ‘‘, or’’ 
at the end and inserting a semicolon; 
(ii) in subclause (II), by striking the 
period at the end and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(III) holds a doctorate degree in 
a field of science, technology, engineer-
ing, or mathematics from a United 
States doctoral institution of higher 
education 
(as 
defined 
in 
section 
203(b)(6)(B)(iii)).’’; 
(B) by redesignating clauses (ii) through 
(iv) as clauses (iii) through (v), respectively; 
(C) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) JOB ORDER.— 
‘‘(I) IN GENERAL.—An employer 
who files an application under clause 
(i) shall submit a job order for the 
labor the alien seeks to perform to the 
State workforce agency in the State in 
which the alien seeks to perform the 
labor. The State workforce agency shall 
post the job order on its official agency 
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website for a minimum of 30 days and 
not later than 3 days after receipt 
using the employment statistics system 
authorized under section 15 of the 
Wagner-Peyser Act (29 U.S.C. 49 et 
seq.). 
‘‘(II) LINKS.—The Secretary of 
Labor shall include links to the official 
websites of all State workforce agencies 
on a single webpage of the official 
website of the Department of Labor.’’; 
and 
(D) by adding at the end the following: 
‘‘(vi) PROCESSING
STANDARDS
FOR 
ALIEN
BENEFICIARIES
QUALIFYING
UNDER 
PARAGRAPHS
(6)
AND
(7)
OF
SECTION 
203(b).—The following processing standards 
shall apply with respect to applications 
under clause (i) relating to alien bene-
ficiaries qualifying under paragraph (6) or 
(7) of section 203(b): 
‘‘(I) The Secretary of Labor shall 
adjudicate such applications not later 
than 180 days after the date on which 
the application is filed. In the event 
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that additional information or docu-
mentation is requested by the Secretary 
during such 180-day period, the Sec-
retary shall adjudicate the application 
not later than 60 days after the date 
on which such information or docu-
mentation is received. 
‘‘(II) The applicant shall be noti-
fied in writing within 60 days of the 
date of filing if the application does 
not meet the standards for approval. If 
the application does not meet such 
standards, the notice shall include the 
reasons therefore and the Secretary 
shall provide an opportunity for the 
prompt resubmission of a modified ap-
plication.’’; and 
(2) in subparagraph (D), by striking ‘‘(2) or 
(3)’’ and inserting ‘‘(2), (3), (6), or (7)’’. 
(g) GAO STUDY.—Not later than June 30, 2019, the 
Comptroller General of the United States shall provide to 
the Congress the results of a study on the use by the Na-
tional Science Foundation of the classification authority 
provided under section 203(b)(6)(B)(iii)(II) of the Immi-
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gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(6)(B)(iii)(II)), as added by this section. 
(h) PUBLIC INFORMATION.—The Secretary of Home-
land Security shall make available to the public on the offi-
cial website of the Department of Homeland Security, and 
shall update not less than monthly, the following informa-
tion (which shall be organized according to month and fis-
cal year) with respect to aliens granted status under para-
graph (6) or (7) of section 203(b) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)), as added by this sec-
tion: 
(1) The name, city, and State of each employer 
who petitioned pursuant to either of such paragraphs 
on behalf of one or more aliens who were granted sta-
tus in the month and fiscal year to date. 
(2) The number of aliens granted status under 
either of such paragraphs in the month and fiscal 
year to date based upon a petition filed by such em-
ployer. 
(3) The occupations for which such alien or 
aliens were sought by such employer and the job titles 
listed by such employer on the petition. 
(i) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2013, and shall apply 
with respect to fiscal years beginning on or after such date. 
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Nothing in the preceding sentence shall be construed to pro-
hibit the Secretary of Homeland Security from accepting 
before such date petitions under section 204(a)(1)(F) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) 
relating to alien beneficiaries qualifying under paragraph 
(6) or (7) of section 203(b) of such Act (8 U.S.C. 1153(b)) 
(as added by this section). 
SEC. 102. IMMIGRANT VISAS FOR ENTREPRENEURS. 
(a) PREFERENCE ALLOCATION
FOR EMPLOYMENT- 
BASED IMMIGRANTS.—Section 203(b) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)) is amended by in-
serting after paragraph (7) (as added by section 101 of this 
Act) the following: 
‘‘(8) ALIEN ENTREPRENEURS.— 
‘‘(A) IN
GENERAL.—Visas shall be made 
available, in a number not to exceed 10,000, plus 
any visas not required for the classes specified in 
paragraphs (1), (2), and (3), to the following 
classes of aliens: 
‘‘(i) VENTURE CAPITAL-BACKED START- 
UP ENTREPRENEURS.— 
‘‘(I) IN
GENERAL.—An alien is 
described in this clause if the alien in-
tends to engage in a new commercial 
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enterprise (including a limited part-
nership) in the United States— 
‘‘(aa) with respect to which 
the alien has completed an invest-
ment agreement requiring an in-
vestment in the enterprise in an 
amount not less than $500,000, 
subject to subclause (III), on the 
part of— 
‘‘(AA) a venture capital 
fund whose investment ad-
viser is a qualified venture 
capital entity; or 
‘‘(BB) 2 or more quali-
fied angel investors; and 
‘‘(bb) which will benefit the 
United States economy and, dur-
ing the 3-year period beginning 
on the date on which the visa is 
issued 
under 
this 
paragraph, 
will— 
‘‘(AA) create full-time 
employment for at least 5 
United States workers within 
the enterprise; and 
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‘‘(BB) raise not less 
than 
an 
additional 
$1,000,000 in capital invest-
ment, subject to subclause 
(III), or generate not less 
than $1,000,000 in revenue, 
subject to subclause (III). 
‘‘(II) 
DEFINITIONS.—For 
pur-
poses of this clause: 
‘‘(aa) 
INVESTMENT.—The 
term ‘investment’ does not include 
any assets acquired, directly or 
indirectly, by unlawful means. 
‘‘(bb) 
INVESTMENT
AD-
VISER.—The term ‘investment ad-
viser’ has the meaning given such 
term under section 202(a)(11) of 
the Investment Advisers Act of 
1940 (15 U.S.C. 80b-2(a)(11)). 
‘‘(cc) QUALIFIED ANGEL IN-
VESTOR.—The 
term 
‘qualified 
angel investor’ means an indi-
vidual who— 
‘‘(AA) is an accredited 
investor (as defined in sec-
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tion 230.501(a) of title 17, 
Code of Federal Regulations 
(as in effect on April 1, 
2010)); 
‘‘(BB) 
is 
a 
United 
States citizen or an alien 
lawfully 
admitted 
to 
the 
United States for permanent 
residence; and 
‘‘(CC) has made at least 
2 investments during the 3 
year period before the date of 
a petition by the qualified 
immigrant for classification 
under this paragraph. 
‘‘(dd) QUALIFIED
VENTURE 
CAPITAL
ENTITY.—The 
term 
‘qualified venture capital entity’ 
means, with respect to a qualified 
immigrant, an entity that— 
‘‘(AA) serves as an in-
vestment adviser to a venture 
capital fund that is making 
an investment under this 
paragraph; 
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‘‘(BB) has its primary 
office location or principal 
place of business in the 
United States; 
‘‘(CC) is owned and 
controlled, directly or indi-
rectly, by individuals the 
majority of whom are United 
States citizens or aliens law-
fully admitted to the United 
States for permanent resi-
dence; 
‘‘(DD) has been advis-
ing one or more venture cap-
ital funds for a period of at 
least 2 years before the date 
of the petition for classifica-
tion under this paragraph; 
and 
‘‘(EE) advises one or 
more venture capital funds 
that have made at least 2 in-
vestments of not less than 
$500,000 in each of the 2 
years before the date of the 
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petition 
for 
classification 
under this paragraph. 
‘‘(ee) 
VENTURE
CAPITAL 
FUND.—The term ‘venture capital 
fund’ means an entity— 
‘‘(AA) that is classified 
as a ‘venture capital oper-
ating company’ under sec-
tion 2510.3–101(d) of title 
29, Code of Federal Regula-
tions (as in effect on Janu-
ary 1, 2013) or has manage-
ment rights in its portfolio 
companies to the extent re-
quired by such section if the 
venture capital fund were 
classified as a venture cap-
ital operating company; 
‘‘(BB) has capital com-
mitments of not less than 
$10,000,000; and 
‘‘(CC) 
whose 
general 
partner or managing member 
is owned and controlled, di-
rectly or indirectly, by indi-
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viduals the majority of whom 
are United States citizens or 
aliens lawfully admitted to 
the United States for perma-
nent residence. 
‘‘(III) INFLATION ADJUSTMENT.— 
Effective for the first fiscal year that 
begins more than 6 months after the 
date of the enactment of this clause, 
and for each fiscal year thereafter, the 
amounts described in subclauses (I) 
and (II) shall be increased by the per-
centage (if any) by which the Con-
sumer Price Index for the month of 
June preceding the date on which such 
increase takes effect exceeds the Con-
sumer Price Index for the same month 
of the preceding calendar year. An in-
crease described in the preceding sen-
tence shall apply to aliens filing peti-
tions under section 204(a)(1)(H) on or 
after the date on which the increase 
takes effect. For purposes of this clause, 
the term ‘Consumer Price Index’ means 
the Consumer Price Index for all urban 
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consumers published by the Depart-
ment of Labor. 
‘‘(ii) 
TREATY
INVESTORS.—Immi-
grants who have been issued a visa or other-
wise provided nonimmigrant status under 
section 101(a)(15)(E)(ii) (not including 
alien employees of the treaty investor) who 
have maintained that status for a min-
imum of 10 years and have benefitted the 
United States economy and created full- 
time employment for not fewer than 5 
United States workers for a minimum of 10 
years. 
‘‘(B) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) The term ‘full-time employment’ 
has the meaning given such term in para-
graph (5). 
‘‘(ii) The term ‘United States worker’ 
means an employee (other than the immi-
grant or the immigrant’s spouse, sons, or 
daughters) who— 
‘‘(I) is a citizen or national of the 
United States; or 
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‘‘(II) is an alien who is lawfully 
admitted for permanent residence, is 
admitted as a refugee under section 
207, is granted asylum under section 
208, or is an immigrant otherwise au-
thorized to be employed in the United 
States.’’. 
(b) PROCEDURES
FOR GRANTING IMMIGRANT STA-
TUS.—Section 204(a)(1)(H) of the Immigration and Na-
tionality Act (8 U.S.C. 1154(a)(1)(H)) is amended— 
(1) by striking ‘‘section 203(b)(5)’’ and inserting 
‘‘paragraph (5) or (8) of section 203(b)’’; and 
(2) by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary of Homeland Security’’. 
(c) CONDITIONAL PERMANENT RESIDENT STATUS.— 
(1) IN GENERAL.— 
(A) CONFORMING
AMENDMENTS.—Section 
216A of the Immigration and Nationality Act (8 
U.S.C. 1186b) is amended— 
(i) in the section heading, by striking 
‘‘ENTREPRENEURS,’’ and inserting ‘‘INVES-
TORS,’’. 
(ii) by striking ‘‘Attorney General’’ 
each place such term appears and inserting 
‘‘Secretary of Homeland Security’’; 
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(iii) by striking ‘‘entrepreneur’’ each 
place such term appears and inserting ‘‘in-
vestor’’; and 
(iv) In subsection (c)(3)(A), by striking 
‘‘the such filing’’ and inserting ‘‘such fil-
ing’’. 
(B) TABLE OF CONTENTS.—The item relat-
ing to section 216A in the table of contents of the 
Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) is amended to read as follows: 
‘‘Sec. 216A. Conditional permanent resident status for certain alien investors, 
spouses, and children.’’. 
(2) CONDITIONAL PERMANENT RESIDENT STATUS 
FOR CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND 
CHILDREN.— 
(A) IN GENERAL.—Chapter 2 of title II of 
the Immigration and Nationality Act (8 U.S.C. 
1181 et seq.) is amended by inserting after sec-
tion 216A the following: 
‘‘SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS 
FOR 
CERTAIN 
ALIEN 
ENTREPRENEURS, 
SPOUSES, AND CHILDREN. 
‘‘(a) IN GENERAL.— 
‘‘(1) CONDITIONAL
BASIS
FOR
STATUS.—Not-
withstanding any other provision of this Act, an alien 
entrepreneur (as defined in subsection (f)(1) of this 
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section), alien spouse, and alien child (as defined in 
subsection (f)(2) of this section) shall be considered, at 
the time of obtaining the status of an alien lawfully 
admitted for permanent residence, to have obtained 
such status on a conditional basis subject to the provi-
sions of this section. 
‘‘(2) NOTICE OF REQUIREMENTS.— 
‘‘(A) AT TIME OF OBTAINING PERMANENT 
RESIDENCE.—At the time an alien entrepreneur, 
alien spouse, or alien child obtains permanent 
resident status on a conditional basis under 
paragraph (1), the Secretary of Homeland Secu-
rity shall provide for notice to such an entre-
preneur, spouse, or child respecting the provi-
sions of this section and the requirements of sub-
section (c)(1) of this section to have the condi-
tional basis of such status removed. 
‘‘(B) AT TIME OF REQUIRED PETITION.—In 
addition, the Secretary of Homeland Security 
shall attempt to provide notice to such an entre-
preneur, spouse, or child, at or about the begin-
ning of the 90-day period described in subsection 
(d)(2)(A) of this section, of the requirements of 
subsection (c)(1) of this section. 
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‘‘(C) EFFECT OF FAILURE TO PROVIDE NO-
TICE.—The failure of the Secretary of Homeland 
Security to provide a notice under this para-
graph shall not affect the enforcement of the pro-
visions of this section with respect to such an en-
trepreneur, spouse, or child. 
‘‘(b) TERMINATION
OF STATUS
IF FINDING THAT 
QUALIFYING ENTREPRENEURSHIP IMPROPER.— 
‘‘(1) IN GENERAL.—In the case of an alien entre-
preneur with permanent resident status on a condi-
tional basis under subsection (a) of this section, if the 
Secretary of Homeland Security determines, before 
the third anniversary of the alien’s obtaining the sta-
tus of lawful admission for permanent residence, 
that— 
‘‘(A) the required investment in the com-
mercial 
enterprise 
under 
section 
203(b)(8)(A)(i)(I) was intended solely as a 
means of evading the immigration laws of the 
United States; 
‘‘(B)(i) any requisite capital to be invested 
under section 203(b)(8)(A)(i)(I) had not been in-
vested, or was not actively in the process of being 
invested; or 
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‘‘(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 conforming 
to the requirements of section 203(b)(8)(A)(i); 
then the Secretary of Homeland Security shall so no-
tify the alien involved and, subject to paragraph (2), 
shall terminate the permanent resident 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 de-
termination 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 REMOVAL OF CONDITION.— 
‘‘(1) IN GENERAL.—In order for the conditional 
basis established under subsection (a) of this section 
for an alien entrepreneur, alien spouse, or alien child 
to be removed— 
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‘‘(A) the alien entrepreneur must submit to 
the Secretary of Homeland Security, during the 
period described in subsection (d)(2), a petition 
which requests the removal of such conditional 
basis and which states, under penalty of perjury, 
the facts and information described in subsection 
(d)(1); and 
‘‘(B) in accordance with subsection (d)(3), 
the alien entrepreneur must appear for a per-
sonal interview before an officer or employee of 
the Department of Homeland Security respecting 
the facts and information described in subsection 
(d)(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) of this section, 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 
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required under subsection (d)(3) of this sec-
tion), the Secretary of Homeland Security 
shall terminate the permanent resident sta-
tus of the alien (and the alien’s spouse and 
children if it was obtained on a conditional 
basis under this section or section 216A) as 
of the third anniversary of the alien’s lawful 
admission for permanent residence. 
‘‘(B) HEARING IN REMOVAL PROCEEDING.— 
In any removal proceeding with respect to an 
alien whose permanent resident status is termi-
nated under subparagraph (A), the burden of 
proof shall be on the alien to establish compli-
ance with the conditions of subparagraphs (A) 
and (B) of paragraph (1). 
‘‘(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); 
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the Secretary of Homeland Security shall make 
a determination, within 90 days of the date of 
such filing or interview (whichever is later), as 
to whether the facts and information described in 
subsection (d)(1) and alleged in the petition are 
true with respect to the qualifying commercial 
enterprise. 
‘‘(B) REMOVAL OR EXTENSION OF CONDI-
TIONAL BASIS.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), if the Secretary of Homeland 
Security determines that such facts and in-
formation are true, including demonstrating 
that the alien complied with subsection 
(d)(1)(B)(i), the Secretary shall so notify 
the alien involved and shall remove the con-
ditional basis of the alien’s status effective 
as of the third anniversary of the alien’s 
lawful admission for permanent residence. 
‘‘(ii) EXCEPTION.—If the petition dem-
onstrates that the facts and information are 
true, including demonstrating that the alien 
is in compliance with section (d)(1)(B)(ii), 
then the Secretary of Homeland Security 
may, in the Secretary’s discretion, extend 
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the conditional status for an additional 
year at the end of which— 
‘‘(I) the alien must file a petition 
within 30 days after the fourth anni-
versary of the alien’s lawful admission 
for permanent residence demonstrating 
that the alien complied with subsection 
(d)(1)(B)(i) and the Secretary shall re-
move the conditional basis of the 
alien’s status effective as of such fourth 
anniversary; or 
‘‘(II) the conditional status shall 
terminate. 
‘‘(C) DETERMINATION IF ADVERSE DETER-
MINATION.—If the Secretary of Homeland Secu-
rity determines that such facts and information 
are not true, the Secretary shall so notify the 
alien involved and, subject to subparagraph (D), 
shall terminate the permanent resident status of 
an alien entrepreneur, alien spouse, or alien 
child as of the date of the determination. 
‘‘(D) HEARING IN REMOVAL PROCEEDING.— 
Any alien whose permanent resident status is 
terminated under subparagraph (C) may request 
a review of such determination in a proceeding 
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to remove the alien. In such proceeding, the bur-
den of proof shall be on the Secretary of Home-
land Security to establish, by a preponderance of 
the evidence, that the facts and information de-
scribed in subsection (d)(1) of this section and 
alleged in the petition are not true with respect 
to the qualifying commercial enterprise. 
‘‘(d) DETAILS OF PETITION AND INTERVIEW.— 
‘‘(1) CONTENTS
OF
PETITION.—Each petition 
under subsection (c)(1)(A) shall contain facts and in-
formation demonstrating that— 
‘‘(A)(i) any requisite capital to be invested 
under section 203(b)(8)(A)(i)(I) had been in-
vested, or was actively in the process of being in-
vested; and 
‘‘(ii) the alien sustained the actions de-
scribed in clause (i) throughout the period of the 
alien’s residence in the United States; 
‘‘(B)(i) the alien created the employment re-
quired under section 203(b)(8)(A)(i)(I)(bb)(AA); 
or 
‘‘(ii) the alien is actively in the process of 
creating the employment required under section 
203(b)(8)(A)(i)(I)(bb)(AA) and will create such 
employment before the fourth anniversary of the 
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alien’s lawful admission for permanent resi-
dence; and 
‘‘(C) the alien is otherwise conforming to 
the requirements of section 203(b)(8)(A)(i). 
‘‘(2) PERIOD FOR FILING PETITION.— 
‘‘(A) 90-DAY PERIOD BEFORE SECOND ANNI-
VERSARY.—Except as provided in subparagraph 
(B), the petition under subsection (c)(1)(A) of 
this section must be filed during the 90-day pe-
riod before the third anniversary of 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 establishes to the 
satisfaction of the Secretary of Homeland Secu-
rity 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-
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ceedings against an alien pending the filing of 
the petition under subparagraph (B). 
‘‘(3) 
PERSONAL
INTERVIEW.—The 
interview 
under subsection (c)(1)(B) shall be conducted within 
90 days after the date of submitting a petition under 
subsection (c)(1)(A) and at a local office of the De-
partment of Homeland Security, designated by the 
Secretary of Homeland Security, which is convenient 
to the parties involved. The Secretary, in the Sec-
retary’s discretion, may waive the deadline for such 
an interview or the requirement for such an interview 
in such cases as may be appropriate. 
‘‘(e) TREATMENT OF PERIOD FOR PURPOSES OF NATU-
RALIZATION.—For purposes of title III, in the case of an 
alien who is in the United States as a lawful permanent 
resident on a conditional basis under this section, the alien 
shall be considered to have been admitted as an alien law-
fully admitted for permanent residence and to be in the 
United States as an alien lawfully admitted to the United 
States for permanent residence. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘alien entrepreneur’ means an 
alien who obtains the status of an alien lawfully ad-
mitted for permanent residence (whether on a condi-
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