I 
112TH CONGRESS 
1ST SESSION H. R. 2161 
To amend the Immigration and Nationality Act to promote innovation, 
investment, and research in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2011 
Ms. ZOE LOFGREN of California (for herself, Mr. CAPUANO, Ms. CHU, Mr. 
CONYERS, Ms. ESHOO, Mr. GUTIERREZ, Mr. HEINRICH, Mr. HONDA, 
Mrs. MALONEY, Mr. GEORGE MILLER of California, Mr. POLIS, Ms. 
LINDA T. SA´NCHEZ of California, Mr. SCHIFF, and Mr. RUSH) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Education and the Work-
force, 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 
A BILL 
To amend the Immigration and Nationality Act to promote 
innovation, investment, and research in the United 
States, and for other purposes. 
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— 
(1) the ‘‘Immigration Driving Entrepreneurship 
in America Act of 2011’’; or 
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(2) the ‘‘IDEA Act of 2011’’. 
TITLE I—ATTRACTING AND RE-
TAINING 
INNOVATORS 
AND 
JOB CREATORS 
SEC. 101. U.S. GRADUATES IN SCIENCE, TECHNOLOGY, EN-
GINEERING, AND MATHEMATICS. 
(a) 
ADVANCED
STEM 
GRADUATES.—Section 
203(b)(1) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(1)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘(A) through (C)’’ and inserting ‘‘(A) 
through (D)’’; and 
(2) by adding at the end the following: 
‘‘(D) ADVANCED GRADUATES IN SCIENCE, 
TECHNOLOGY, 
ENGINEERING
AND
MATHE-
MATICS.—An alien is described in this subpara-
graph if— 
‘‘(i) the alien possesses a graduate de-
gree at the level of master’s or higher in 
a field of science, technology, engineering, 
or mathematics from a United States insti-
tution of higher education that has been 
designated by the Director of the National 
Science Foundation as a research institu-
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(ii) Section 214(h) of the Immigration 
and Nationality Act (8 U.S.C. 1184(h)) is 
amended by inserting ‘‘(F) (if the alien is 
qualified to pursue a full course of study at 
an institution of higher education),’’ before 
‘‘H(i)(b)’’. 
(2) EXTENSIONS IN CASES OF LENGTHY ADJU-
DICATIONS.— 
(A) IN GENERAL.—Section 214 of the Im-
migration and Nationality Act (8 U.S.C. 1154) 
is amended by adding at the end the following: 
‘‘(s) EXTENSIONS IN CASES OF LENGTHY ADJUDICA-
TIONS.— 
‘‘(1) EXEMPTION
FROM
LIMITATIONS.—Not-
withstanding subsection (c)(2)(D), (g)(4) and (m), 
the authorized stay of an alien described in para-
graph (2) may be extended pursuant to paragraph 
(3) if 365 days or more have elapsed since the filing 
of any of the following: 
‘‘(A) An application for labor certification 
under section 212(a)(5)(A), in a case in which 
certification is required or used by an alien to 
obtain status under section 203(b). 
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‘‘(B) A petition described in section 204(b) 
to accord the alien a status under section 
203(b). 
‘‘(2) ALIENS
DESCRIBED.—An alien is de-
scribed in this paragraph if the alien was previously 
issued a visa or otherwise provided nonimmigrant 
status under— 
‘‘(A) section 101(a)(15)(F); 
‘‘(B) section 101(a)(15)(H)(i)(b); or 
‘‘(C) section 101(a)(15)(L). 
‘‘(3) EXTENSION OF STATUS.—The Secretary 
of Homeland Security shall extend the stay of an 
alien who qualifies for an extension under paragraph 
(1) in one-year increments until such time as a final 
decision is made— 
‘‘(A) to deny the application described in 
paragraph (1)(A), or, in a case in which such 
application is granted, to deny a petition de-
scribed in paragraph (1)(B) filed on behalf of 
the alien pursuant to such grant; 
‘‘(B) to deny the petition described in 
paragraph (1)(B); or 
‘‘(C) to grant or deny the alien’s applica-
tion for an immigrant visa or adjustment of 
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status to that of an alien lawfully admitted for 
permanent residence. 
Work authorization shall be provided to an alien 
whose stay is extended under this paragraph.’’. 
(B) CONFORMING
AMENDMENT.—Section 
106 of the American Competitiveness in the 
21st Century Act is amended by striking sub-
sections (a) and (b). 
(3) DEFINITIONS.—Section 101(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)) is 
amended by adding at the end the following: 
‘‘(52) The term ‘institution of higher education’ 
has the meaning given such term in section 101(a) 
of the Higher Education Act of 1965 (20 U.S.C. 
1001(a)). 
‘‘(53) The term ‘employer’ shall include any 
group treated as a single employer under subsection 
(b), (c), (m), or (o) of section 414 of the Internal 
Revenue Code of 1986.’’. 
(d) 
CONFORMING
AMENDMENTS.—Section 
204(a)(1)(F) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(F)) is amended— 
(1) 
by 
inserting 
‘‘203(b)(1)(D),’’ 
after 
‘‘203(b)(1)(C),’’; and 
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(2) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’. 
SEC. 102. ENTREPRENEURS WHO ESTABLISH BUSINESSES 
AND CREATE JOBS IN THE UNITED STATES. 
(a) START-UP
BUSINESS
AND
JOB
CREATION 
VISAS.—Section 203(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)) is amended— 
(1) by redesignating paragraph (6) as para-
graph (7); and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) START-UP ENTREPRENEURS.— 
‘‘(A) IN GENERAL.—Visas shall be made 
available, notwithstanding subsection (a)(2) or 
(d) of section 201 or the matter preceding para-
graph (1) of this subsection, to qualified immi-
grants who are described in subparagraph (B) 
or (C). 
‘‘(B) VENTURE
CAPITAL-BACKED
START- 
UP ENTREPRENEURS.—An alien is described in 
this subparagraph if the alien intends to engage 
in a new commercial enterprise (including a 
limited partnership or similar entity) in the 
United States— 
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‘‘(i) with respect to which the alien 
has completed an investment agreement re-
quiring an investment in the enterprise in 
an amount not less than $500,000 on the 
part of— 
‘‘(I) a qualified venture capital 
operating company; 
‘‘(II) 1 or more qualified angel 
investors (of which at least 1 such in-
vestor is providing $100,000 of the re-
quired investment); or 
‘‘(III) a qualified business entity; 
and 
‘‘(ii) which will benefit the United 
States economy and, during the 2-year pe-
riod beginning on the date on which the 
visa is issued under this paragraph, will— 
‘‘(I) create full-time employment 
for at least 3 United States workers; 
‘‘(II) raise not less than an addi-
tional $1,000,000 in capital invest-
ment; or 
‘‘(III) generate not less than 
$1,000,000 in revenue. 
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‘‘(C) SELF-SPONSORED START-UP ENTRE-
PRENEURS.—An alien is described in this sub-
paragraph if— 
‘‘(i) the alien has engaged in a new 
commercial enterprise (including a limited 
partnership or similar entity) in the United 
States that benefits the United States 
economy; 
‘‘(ii) the enterprise has created full- 
time employment for at least 3 United 
States workers; and 
‘‘(iii) by not later than the end of the 
2-year period beginning on the date on 
which the visa is issued under this para-
graph, the enterprise will create full-time 
employment for a total of at least 10 
United States workers (which total may in-
clude the employment described in clause 
(ii)). 
‘‘(D) METHODOLOGIES.—The Secretary of 
Homeland Security, in consultation with the 
Secretary of Commerce, shall recognize reason-
able methodologies for determining the number 
of direct and indirect jobs created by a commer-
cial enterprise, including such jobs that are es-
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timated to have been created indirectly through 
revenues generated from increased exports, im-
proved regional productivity, or increased do-
mestic capital investment resulting from the 
commercial enterprise. 
‘‘(E) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) FULL-TIME
EMPLOYMENT.—The 
term ‘full-time employment’ means employ-
ment in a position that requires at least 35 
hours of service per week at any time, re-
gardless of who fills the position. Such em-
ployment may be satisfied on a full-time 
equivalent basis by calculating the number 
of full-time employees that could have been 
employed if the reported number of hours 
worked by part-time employees had been 
worked by full-time employees. Full-time 
equivalent employment shall be calculated 
by dividing the part-time hours paid by the 
standard number of hours for full-time em-
ployees. 
‘‘(ii) INVESTMENT.—The term ‘invest-
ment’ does not include any assets acquired, 
directly or indirectly, by unlawful means. 
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‘‘(iii) QUALIFIED ANGEL INVESTOR.— 
The term ‘qualified angel investor’ means, 
with respect to a qualified immigrant, an 
individual who— 
‘‘(I) is an accredited investor (as 
defined in section 230.501(a) of title 
17, Code of Federal Regulations (as 
in effect on April 1, 2010)); 
‘‘(II) is a United States citizen or 
an alien lawfully admitted to the 
United States for permanent resi-
dence; and 
‘‘(III) has made at least 2 equity 
investments of not less than $50,000 
in each of the 3 years before the date 
of a petition by the qualified immi-
grant for classification under this 
paragraph. 
‘‘(iv) QUALIFIED BUSINESS ENTITY.— 
The term ‘qualified business entity’ means, 
with respect to a qualified immigrant, an 
entity that— 
‘‘(I) has been operating for a pe-
riod beginning on a date that is not 
less than 2 years before the date of 
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the petition for classification under 
this paragraph; 
‘‘(II) employs not fewer than 10 
United States workers in the United 
States; and 
‘‘(III) has employed the alien for 
not less than 1 year on the date of the 
petition for classification under this 
paragraph. 
‘‘(v) QUALIFIED
VENTURE
CAPITAL 
OPERATING
COMPANY.—The term ‘quali-
fied venture capital operating company’ 
means, with respect to a qualified immi-
grant, an entity that— 
‘‘(I) is classified as a ‘venture 
capital operating company’ under sec-
tion 2510.3–101(d) of title 29, Code 
of Federal Regulations (as in effect on 
July 1, 2009); 
‘‘(II) is based in the United 
States; 
‘‘(III) in the determination of the 
Secretary of Homeland Security, is 
owned and controlled by United 
States citizens or aliens lawfully ad-
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mitted to the United States for per-
manent residence; 
‘‘(IV) has capital commitments of 
not less than $10,000,000; 
‘‘(V) has been operating for a pe-
riod of at least 2 years before the date 
of the petition for classification under 
this paragraph; and 
‘‘(VI) has made at least 2 invest-
ments of not less than $500,000 in 
each of the 2 years before the date of 
the petition for classification under 
this paragraph. 
‘‘(vi) UNITED STATES WORKER.—The 
term ‘United States worker’ means an em-
ployee (other than the immigrant or the 
immigrant’s spouse, sons, or daughters) 
who— 
‘‘(I) is a citizen or national of the 
United States; or 
‘‘(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-
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thorized to be employed in the United 
States.’’. 
(b) PROCEDURE 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 by 
striking ‘‘section 203(b)(5)’’ and inserting ‘‘paragraph (5) 
or (6) of section 203(b)’’. 
(c) CONDITIONAL PERMANENT RESIDENT STATUS.— 
Section 216A of the Immigration and Nationality Act (8 
U.S.C. 1186b) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘in-
vestment’’ and inserting ‘‘investment or engage-
ment’’; 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) the requisite investment or engage-
ment was not made or was not sustained 
throughout the period of the alien’s residence in 
the United States; or’’; and 
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(C) in subparagraph (C), by striking ‘‘sec-
tion 203(b)(5)’’ and inserting ‘‘paragraph (5) 
or 6 of section 203(b), as applicable’’; 
(3) in subsection (d)(1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘the alien’’; 
(B) by amending subparagraph (A) to read 
as follows: 
‘‘(A) the requisite investment or engage-
ment was made and was sustained throughout 
the period of the alien’s residence in the United 
States; and’’; 
(C) in subparagraph (B), by striking ‘‘sec-
tion 203(b)(5)’’ and inserting ‘‘paragraph (5) 
or (6) of section 203(b), as applicable’’; and 
(4) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘section 
203(b)(5)’’ and inserting ‘‘paragraph (5) or (6) 
of section 203(b)’’; and 
(B) in paragraph (3), by inserting ‘‘or 
similar entity’’ before the period. 
(d) CAP EXEMPTION.—Section 201(b)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1151(b)(1)), as 
amended by section 101(b) of this Act, is further amended 
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by striking the period at the end and inserting ‘‘or section 
203(b)(6).’’. 
SEC. 103. ELIMINATING GREEN CARD BACKLOGS. 
(a) RECAPTURING IMMIGRANT VISAS LOST TO BU-
REAUCRATIC DELAY.— 
(1) EMPLOYMENT-BASED
IMMIGRANTS.—Sec-
tion 201(d) of the Immigration and Nationality Act 
(8 U.S.C. 1151(d)) is amended to read as follows: 
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.—The worldwide level of em-
ployment-based immigrants under this subsection for 
a fiscal year is equal to the sum of— 
‘‘(A) 140,000; 
‘‘(B) the number computed under para-
graph (2); and 
‘‘(C) the number computed under para-
graph (3). 
‘‘(2) PREVIOUS
FISCAL
YEAR.—The number 
computed under this paragraph for a fiscal year is 
the difference, if any, between the maximum number 
of visas which may be issued under section 203(a) 
(relating to family-sponsored immigrants) during the 
previous fiscal year and the number of visas issued 
under that section during that year. 
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‘‘(3) UNUSED
VISAS.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels 
established under paragraph (1) for fiscal 
years 1992 through 2011; and 
‘‘(ii) the number of visas actually 
issued under section 203(b), subject to this 
subsection, during such fiscal years; and 
‘‘(B) the number of visas actually issued 
after fiscal year 2011 pursuant to an immi-
grant visa number issued under section 203(b), 
subject to this subsection, during fiscal years 
1992 through 2011.’’. 
(2) FAMILY-SPONSORED IMMIGRANTS.—Section 
201(c) of the Immigration and Nationality Act (8 
U.S.C. 1151(c)) is amended to read as follows: 
‘‘(c) WORLDWIDE LEVEL
OF FAMILY-SPONSORED 
IMMIGRANTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) Subject to subparagraph (B), the 
worldwide level of family-sponsored immigrants 
under this subsection for a fiscal year is equal 
to— 
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‘‘(i) 480,000 minus the number com-
puted under paragraph (2); plus 
‘‘(ii) the sum of the number computed 
under paragraph (3) and the number com-
puted under paragraph (4). 
‘‘(B) In no case shall the number com-
puted under subparagraph (A)(i) be less than 
226,000. 
‘‘(2) IMMEDIATE
RELATIVES.—The number 
computed under this paragraph for a fiscal year is 
the number of aliens described in subparagraph (A) 
or (B) of subsection (b)(2) who were issued immi-
grant visas, or who otherwise acquired the status of 
an alien lawfully admitted to the United States for 
permanent residence, in the previous fiscal year. 
‘‘(3) PREVIOUS
FISCAL
YEAR.—The number 
computed under this paragraph for a fiscal year is 
the difference, if any, between the maximum number 
of visas which may be issued under section 203(b) 
(relating to employment-based immigrants) during 
the previous fiscal year and the number of visas 
issued under that section during that year. 
‘‘(4) UNUSED
VISAS.—The number computed 
under this paragraph is the difference, if any, be-
tween— 
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‘‘(A) the difference, if any, between— 
‘‘(i) the sum of the worldwide levels 
established under paragraph (1) for fiscal 
years 1992 through 2011; and 
‘‘(ii) the number of visas actually 
issued under section 203(a), subject to this 
subsection, during such fiscal years; and 
‘‘(B) the number of visas actually issued 
after fiscal year 2011 pursuant to an immi-
grant visa number issued under section 203(a), 
subject to this subsection, during fiscal years 
1992 through 2011.’’. 
(b) SPOUSES
AND
MINOR
CHILDREN.—Section 
201(b)(1) of the Immigration and Nationality Act (8 
U.S.C. 1151(b)(1)), as amended by this Act, is further 
amended by adding at the end the following: 
‘‘(G) Aliens who are the spouse or child of 
an alien admitted as an employment-based im-
migrant under section 203(b).’’. 
(c) ELIMINATING EMPLOYMENT-BASED PER COUN-
TRY LEVELS.—Section 202(a) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘, (4), and (5)’’ and insert-
ing ‘‘and (4)’’; 
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(B) by striking ‘‘subsections (a) and (b) of 
section 203’’ and inserting ‘‘section 203(a)’’; 
(C) by striking ‘‘7 percent (in the case of 
a single foreign state) or 2 percent’’ and insert-
ing ‘‘10 percent (in the case of a single foreign 
state) or 5 percent’’; and 
(D) by striking ‘‘such subsections’’ and in-
serting ‘‘such section’’; and 
(2) by striking paragraph (5). 
(d) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 
Chinese Student Protection Act of 1992 (8 U.S.C. 1255 
note) is amended— 
(1) in subsection (a), by striking ‘‘subsection 
(e)’’ and inserting ‘‘subsection (d)’’; 
(2) by striking subsection (d); and 
(3) by redesignating subsection (e) as sub-
section (d). 
SEC. 104. IMMIGRANT ENTREPRENEURS AND INNOVATORS 
PRESENT IN THE UNITED STATES. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended by adding at the end the fol-
lowing: 
‘‘(n) IMMIGRANT ENTREPRENEURS AND INNOVATORS 
PRESENT IN THE UNITED STATES.—An alien who is eligi-
ble to receive an immigrant visa under paragraph (1)(D) 
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or (6) of section 203(b) may adjust status pursuant to 
subsection (a) and notwithstanding paragraph (2), (7), or 
(8) of subsection (c) and paragraphs (6)(A) and (7) of 
section 212(a), if the alien was present in the United 
States on the date of the enactment of the IDEA Act of 
2011 and has been continuously present since that date.’’. 
TITLE 
II—INVESTING 
IN 
THE 
NEXT 
GENERATION 
OF 
INNOVATORS AND JOB CRE-
ATORS 
SEC. 201. INVESTING IN STEM EDUCATION FOR U.S. STU-
DENTS. 
Section 204(a)(1)(F) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)(F)), as amended by this 
Act, is further amended— 
(1) by striking ‘‘(F)’’ and inserting ‘‘(F)(i)’’; 
and 
(2) by adding at the end the following: 
‘‘(ii)(I) The Secretary of Homeland Secu-
rity shall impose a fee on an employer (exclud-
ing any employer that is a primary or sec-
ondary education institution, an institution of 
higher education, a nonprofit entity related to 
or affiliated with any such institution, a non-
profit entity which engages in established cur-
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proved petition filed on the beneficiary’s behalf, regardless 
of the category of subsequent petitions.’’. 
(4) 
EMPLOYMENT
OF
SPOUSES.—Section 
214(c)(2)(E) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)(E)) is amended by striking 
‘‘section 101(a)(15)(L)’’ and inserting ‘‘subpara-
graph (H) or (L) of section 101(a)(15)’’. 
(g) ELIMINATION
OF H–1B CLASSIFICATION
FOR 
FASHION MODELS.— 
(1) IN GENERAL.—Section 101(a)(15)(H)(i)(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(i)(b)) is amended— 
(A) by striking ‘‘or as a fashion model’’; 
and 
(B) by striking ‘‘or, in the case of a fash-
ion model, is of distinguished merit and abil-
ity’’. 
(2) ADDITION
TO
P
NONIMMIGRANT
CLASSI-
FICATION.— 
(A) 
NEW
CLASSIFICATION.—Section 
101(a)(15)(P) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(P)) is amend-
ed— 
(i) in clause (iii), by striking ‘‘or’’ at 
the end; 
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04:49 Jun 15, 2011
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