Title: E Visa Integrity Act of 2019
Policy area: Immigration

Summary:
E Visa Integrity Act of 2019
This bill imposes additional requirements to acquire an E visa (for an investor or trader who is a national of a foreign country with a treaty of commerce and navigation with the United States, or an Australian specialty worker).
Specifically, if an alien became the national of a foreign country with a treaty of commerce and navigation with the United States through a financial investment in that foreign country, the alien must have been domiciled in that foreign country for a continuous period of at least three years at any point before applying for an E visa.
The bill also requires an alien seeking an E-2 visa (investor) to invest a substantial and economically impactful amount of capital in the United States, where currently the statute only requires an investment of a substantial amount.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2863 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2863

To amend the Immigration and Nationality Act to modify the eligibility 
                         criteria for E visas.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2019

 Mr. Lee (for himself and Mr. Grassley) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to modify the eligibility 
                         criteria for E visas.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E Visa Integrity Act of 2019''.

SEC. 2. MODIFICATION OF ELIGIBILITY CRITERIA FOR E VISAS.

    Section 101(a)(15)(E) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(E)) is amended to read as follows:
            ``(E) an alien entitled to enter the United States under 
        and in pursuance of the provisions of a treaty of commerce and 
        navigation between the United States and the foreign state of 
        which the alien is a national (or, in the case of an alien who 
        acquired the relevant nationality through a financial 
        investment, the foreign state of which the alien is a national 
        and in which the alien has been domiciled for a continuous 
        period of not less than 3 years at any point before applying 
        for a nonimmigrant visa under this subparagraph) and the spouse 
        and children of any such alien if accompanying or following to 
        join the alien--
                    ``(i) solely to carry on substantial trade, 
                including trade in services or trade in technology, 
                principally between the United States and the foreign 
                state of which the alien is a national;
                    ``(ii) solely to develop and direct the operations 
                of an enterprise in which the alien has invested, or is 
                actively in the process of investing, a substantial and 
                economically impactful amount of capital; or
                    ``(iii) solely to perform services in a specialty 
                occupation in the United States if the alien is a 
                national of the Commonwealth of Australia and with 
                respect to whom the Secretary of Labor determines and 
                certifies to the Secretary of Homeland Security and the 
                Secretary of State that the intending employer has 
                filed with the Secretary of Labor an attestation under 
                section 212(t)(1).''.
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