Text of H.R. 2215

Date: Tuesday, November 19, 2002 8:52 AM

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21st Century Department of Justice Appropriations Authorization Act

Thursday, November 7, 2002

The following is selected text from the Department of Justice Authorization
Act. This is reprinted from the final public law that was recently released.
As this law covered many diverse areas of DOJ focus, we are only reprinting
those parts pertaining to Immigration.

21st Century Department of Justice Appropriations Authorization Act (H.R.
2215)

SEC.11030A. EXTENSION OF H-1B STATUS FOR ALIENS WITH LENGTHY ADJUDICATIONS

(a) EXEMPTION FROM LIMITATION.—Section 106(a) of American

Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1184 note)
is amended to read as follows:

"(a) EXEMPTION FROM LIMITATION.—The limitation contained in

section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(4)) with respect to the duration of authorized stay shall not apply
to any nonimmigrant alien previously issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b)), if 365 days or more
have elapsed since the filing of any of the following:

"(1) Any application for labor certification under section

212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A), in a case in which
certification is required or used by the alien to obtain status under
section 203(b) of such Act (8 U.S.C. 1153(b)).

"(2) A petition described in section 204(b) of such Act (3 U.S.C.

1154(b)) to accord the alien a status under section 203(b) of such Act.".

(b) EXTENSION OF H-1B WORKER STATUS.—Section 106(b) of American

Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1184 note)
is amended to read as follows:

"(b) EXTENSION OF H1-B WORKER STATUS.—The Attorney General shall

extend the stay of an alien who qualifies for an exemption under subsection
(a) in one-year increments until such time as a final decision is made—

"(1) to deny the application described in subsection (a)(1), or,

in a case in which such application is granted, to deny a petition described
in subsection (a)(2) filed on behalf of the alien pursuant to such grant;

"(2) to deny the petition described in subsection (a)(2); or
"(3) to grant or deny the alien's application for an immigrant

visa or for adjustment of status to that of an alien lawfully admitted for
permanent residence.".

SEC. 11030B. APPLICATION FOR NATURALIZATION BY ALTERNATIVE APPLICANT IF
CITIZEN PARENT HAS DIED.

Section 322(a) of the Immigration and Nationality Act (8 U.S.C.

1433(a)) is amended—

(1) in the matter preceding paragraph (1)—

(A) by inserting "(or, if the citizen parent has died during the

preceding 5 years, a citizen grandparent or citizen legal guardian)" after
"citizen of the United States"; and

(B) by striking "such parent" and inserting "such applicant";

(2) in paragraph (1), by inserting "(or, at the time of his or her

death, was)" after "parent";

(3) in paragraph (2)—

(A) in subparagraph (A), by inserting "(or, at the time of his or

her death, had)" after "has"; and

(B) in subparagraph (B), by inserting "(or, at the time of his or

her death, had)" after "has" the first place such term appears;

(4) by amending paragraph (4), to read as follows:

"(4) The child is residing outside of the United States in the legal and
physical custody of the applicant (or, if the citizen parent is deceased, an
individual who does not object to the application)." and

(5) by adding the following:

"(5) The child is temporarily present in the United States pursuant to a
lawful admission, and is maintaining such lawful status.".

Subtitle B—EB-5 Amendments

CHAPTER 1—IMMIGRATION BENEFITS

SEC. 11031. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESI-

DENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS,
SPOUSES, AND CHILDREN.

(a) IN GENERAL.—In lieu of the provisions of section 216A(c)(3) of

the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)), subsection (c)
shall apply in the case of an eligible alien described in subsection (b)(1).

(b)ELIGIBLE ALIENS DESCRIBED.—

(1)IN GENERAL.—An alien is an eligible alien described in this

subsection if the alien—

(A) filed, under section 204(a)(1)(H) of the Immigration and

Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor provision), a
petition to accord the alien a status under section 203(b)(5) of such Act (8
U.S.C. 1153(b)(5)) that was approved by the Attorney General after January
1, 1995, and before August 31, 1998;

(B) pursuant to such approval, obtained the status of an alien

entreprenuer with permanent resident status on a conditional basis described
in section 216A of such Act (8 U.S.C. 1186b); and

(C) timely filed, in accordance with section 216A(c)(1)(A) of such

Act (8 U.S.C. 1186b(c)(1)(A)) and before the date of the enactment of this
Act, a petition requesting the removal of such conditional basis.

(2)REOPENING PETITIONS PREVIOUSLY DENIED—

(A) IN GENERAL.—In the case of a petition described in paragraph

1(C) that was denied under section 216A(c)(3)(C) of the Immigration and
Nationality Act (8 U.S.C. 1186b(c)(3)(C)) before the dates of the enactment
of this Act, upon a motion to reopen such petition filed by the eligible
alien not later than 60 days after such date, the Attorney General shall
make determination on such petition pursuant to subsection (c).

(B) PETITIONERS ABROAD.—In the case of such an eligible alien who

is no longer physically present in the United States, the Attorney General
shall establish a process under which the alien may be paroled into the
United States if necessary to obtain the determinations under subsection
(c), unless the Attorney General finds that—

(i) the alien is inadmissible or deportable on any ground; or
(ii) the petition described in paragraph (1)(C) was denied on the

ground that it contains a material misrepresentation in the facts and
information described in section 216A(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1186b(d)(1)) and alleged in the petition with
respect to a commercial enterprise.

(C) DEPORTATION OR REMOVAL PROCEEDINGS —In the case of such an

eligible alien who was placed in deportation or removal proceedings by
reason of the denial of the petition described in paragraph (1)(C), a motion
to reopen filed under subparagraph (A) shall be treated as a motion to
reopen such proceedings. The Attorney General shall grant such motion
notwithstanding any time and number limitations imposed by law on motions to
reopen such proceedings, except that the scope of any proceeding reopened on
this basis shall be limited to whether any order of deportation or removal
should be vacated, and the alien granted status of an alien lawfully
admitted for permanent residence (unconditionally or on a conditional
basis), by reason of the determinations made under subsection (c). An alien
who is inadmissible or deportable on any ground shall not be granted such
status, except that this prohibition shall not apply to an alien who has
been paroled in the United States under subparagraph (B).

(c) DETERMINATIONS ON PETITIONS.—

(1)INITITAL DETERMINATION.—

(A) IN GENERAL.—With respect to each eligible alien described in

subsection (b)(1), the Attorney General shall make a determination, not
later than 180 days after the date of the enactment of this Act, whether—

(i) the petition described in subsection (b)(1)(C) contains any

material misrepresentation in the facts and information described in section
216A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)) and
alleged in the petition with respect to a commercial enterprise (regardless
of whether such enterprise is a limited partnership and regardless of
whether the alien entered the enterprise after its formation);

(ii) subject to subparagraphs (B) and (C), such enterprise created

full-time jobs for not fewer than 10 United States citizens or aliens
lawfully admitted for permanent residence or other immigrants lawfully
authorized to be employed in the United States (other than the eligible
alien and the alien's spouse, sons, or daughters), and those jobs exist or
existed on any of the dates described in subparagraph (D); and

(iii) on any of the dates described in subparagraph (D), the alien

is in substantial compliance with the capital investment requirement
described in section 216A(d)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1186b(d)(1)(B)).

(B) INVESTMENT UNDER PILOT IMMIGRATION PROGRAM.— For purposes of

subparagraph (A)(ii), an investment that satisfies the requirements of
section 610(c) of the Department of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153
note), as in effect on the date of the enactment of this Act, shall be
deemed to satisfy the requirements of such subparagraph.

(C) EXCEPTION FOR TROUBLED BUSINESSES.—In the case of an eligible

alien who has made a capital investment in a troubled business (as defined
in 8 CFR 204.6(e), as in effect on the date of the enactment of this Act),
in lieu of the determination under subparagraph (A)(ii), the Attorney
General shall determine whether the number of employees of the business, as
measured on any of the dates described in subparagraph (D), is at no less
than the pre-investment level.

(D) DATES.—The dates described in this subparagraph are the

following:

(i) The date on which the petition described in subsection

(b)(1)(C) is filed.

(ii) 6 months after the date described in clause (i).
(iii) The date on which the determination under subparagraph (A)

or (C) is made.

(E) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION.—If

the Attorney General renders an affirmative determination with respect to
clauses (ii) and (iii) of subparagraph (A), and if the Attorney General
renders a negative determination with respect to clause (i) of such
subparagraph, the Attorney General shall so notify the alien involved and
shall remove the conditional basis of the alien's status (and that of the
alien's spouse and children if it was obtained under section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b)) effective as of the second
anniversary of the alien's lawful admission for permanent residence.

(F) REQUIREMENTS RELATING TO ADVERSE DETERMINATIONS.—

(i) NOTICE.—If the Attorney General renders an adverse

determination with respect to clause (i), (ii), or (iii) of subparagraph
(A), the Attorney General shall so notify the alien involved. The notice
shall be in writing and shall state the factual basis for any adverse
determination. The Attorney General shall provide the alien with an
opportunity to submit evidence to rebut any adverse determination. If the
Attorney General reverses all adverse determinations pursuant to such
rebuttal, the Attorney General shall so notify the alien involved and shall
remove the conditional basis of the alien's status (and that of the alien's
spouse and children if it was obtained under section 216A of the Immigration
and Nationality Act (8 U.S.C. 1186b)) effective as of the second anniversary
of the alien's admission for permanent residence.

(ii) CONTINUATION OF CONDITIONAL BASIS IF CERTAIN ADVERSE

DETERMINATIONS.—If the Attorney General renders an adverse determination
with respect to subparagraph (A)(i), and the eligible alien's rebuttal does
not cause the Attorney General to reverse such determination, the Attorney
General shall continue the conditional basis of the alien's permanent
resident status (and that of the alien's spouse and children if it was
obtained under section 216A of the Immigration and Nationality Act (8 U.S.C.
1186b)) for a 2-year period.

(iii) TERMINATION IF ADVERSE DETERMINATION.— If the Attorney

General renders an adverse determination with respect to subparagraph
(A)(i), and the eligible alien's rebuttal does not cause the Attorney
General to reverse such determination, the Attorney General shall so notify
the alien involved and, subject to subsection (d), shall terminate the
permanent resident status of the alien (and that of the alien's spouse and
children if it was obtained on a conditional basis under section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b)).

(iv) ADMINISTRATIVE AND JUDICIAL REVIEW.—An alien may seek

administrative review of an adverse determination made under subparagraph
(A) by filing a petition for such review with the Board of Immigration
Appeals. If the Board of Immigration Appeals denies the petition, the alien
may seek judicial review. The procedures for judicial review under this
clause shall be the same as the procedures for judicial review of a final
order of removal under section 242(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1252(a)(1)). During the period in which an administrative or
judicial appeal under this clause is pending, the Attorney General shall
continue the conditional basis of the alien's spouse and children if it was
obtained under section 216A of the Immigration and Nationality Act (8 U.S.C.
1186b)).

(2) SECOND DETERMINATION.—

(A) AUTHORIZATION TO CONSIDER INVESTMENTS IN OTHER COMMERCIAL

ENTERPRISES.—In determining under this paragraph whether to remove a
conditional basis continued under paragraph (1)(F)(ii) with respect to an
alien, the Attorney General shall consider any capital investment made by
the alien in a commercial enterprise (regardless of whether such enterprise
is a limited partnership and regardless of whether the alien entered the
enterprise after its formation), in the United States, regardless of whether
that investment was made before or after the determinations under paragraph
(1) and regardless of whether the commercial enterprise is the same as that
considered in the determinations under such paragraph, if facts and
information with respect to the investment and then enterprise are included
in the petition submitted under subparagraph (B).

(B) PETITION.—In order for a conditional basis continued under

paragraph (1)(F)(ii) for an eligible alien (and the alien's spouse and
children) to be removed, the alien must submit to the Attorney General,
during the period described in subparagraph (C), a petition which requests
the removal of such conditional basis and which states, under penalty of
perjury, the facts and information described in subparagraphs (A) and (B) of
section 216A(d)(1) of the Immigration and Nationality Act (8 U.S.C.
1186b(d)(1)) with respect to any commercial enterprise (regardless of
whether such enterprise is a limited partnership and regardless of whether
the alien entered the enterprise after its formation) which the alien
desires to have considered under this paragraph, regardless of whether such
enterprise was created before or after the determinations made under
paragraph (1).

(C)PERIOD FOR FILING PETITION.—

(i) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY.— Except as provided

in clause (ii), the petition under subparagraph (B) must be filed during the
90-day period before the second anniversary of the continuation, under
paragraph (1)(F)(ii), of the conditional basis of the alien's lawful
admission for permanent residence.

(ii)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 Attorney General good cause and extinuating
circumstances for failure to file the petition during the period described
in cluase (i).

(D) TERMINATION OF PERMANENT RESIDENT STATUS FOR FAILURE TO FILE

PETITION.—

(i) IN GENERAL.—In the case of an alien with permanent resident

status on a conditional basis under paragraph (1)(F)(ii), if no petition is
filed with respect to the alien in accordance with subparagraph (B), the
Attorney General shall terminate the permanent resident status of the alien
(and the alien's spouse and children if it was obtained on a conditional
basis under section 216A of the Immigration and Nationality Act (8 U.S.C.
1186b)) as of the second anniversary of the continuation, under paragraph
(1)(F)(ii), of the conditional basis of the alien's lawful admission for a
permanent residence.

(ii) HEARING IN REMOVAL PROCEEDING.—In any removal proceeding with

respect to an alien whose permanent resident status is terminated under
clause (i), the burden of proof shall be on the alien to establish
complaince with subparagraph (B).

(E) DETERMINATIONS AFTER PETITION.—If a petition is filed by an

eligible alien in accordance with subparagraph (B), the Attorney General
shall make a determination, within 90 dyas of the date of such filing,
whether—

(i)the petition contains any material misrepresentation in the

facts and information alleged in the petition with respect to the commercial
enterprises included in such petition;

(ii) all such enterprises, considered together, created full-time

jobs for not fewer than 10 United States citizens or other aliens lawfully
admitted for permanent residence or other immigrants lawfully authorized to
be employed in the United States (other than the eligible alien and alien's
spouse, sons, or daughters), and those jobs exist on the date which the
determination is made, except that—

(I) this clause shall apply only if the Attorney General made an

adverse determination with respect to the eligible alien under paragraph
(1)(A)(ii);

(II) the provisions of subparagraphs (B) and (C) of paragraph (1)

shall apply to a determination under this clause in the same manner as they
apply to a determination under paragraph (1)(A)(ii); and

(III) if the Attorney General determined under paragraph

(1)(A)(ii) that any jobs satisfying the requirement of such paragraph were
created, the number of those jobs shall be subtracted from the number of
jobs otherwise needed to satify the requirement of this clause; and

(iii) considering all such enterprises together, on the date on

which the determination is made, the eligible alien is in substantial
compliance with the capital investment requirement described in section
216A(d)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1186b(d)(1)(B)), except that—

(I) this clause shall apply only if the Attorney General made an

adverse determination with respect to the eligible alien under paragraph
(1)(A)(iii); and

(II) if the Attorney General determined under paragraph

(1)(A)(iii) that any capital amount was invested that could be credited
towards compliance with the capital investment requirement described in
section 216A(d)(1)(B)), such amount shall be subtracted from the amount of
capital otherwise needed to satisfy the requirement of this clause.

(F) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION.—If

the Attorney General renders an affirmative determination with respect to
clauses (ii) and (iii) of subparagraph (E), and if the Attorney General
renders a negative determination with respect to clause (i) of such
subparagraph, the Attorney General shall so notify the alien involved and
shall remove the conditional basis of the alien's status (and that of the
alien's spouse and children if it was obtained under section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b)) effective as of the second
anniversary of the continuation, under paragraph (1)(F)(ii), of the
conditional basis of the alien's lawful admission for permanent residence.

(G) REQUIREMENTS RELATING TO ADVERSE DETERMINATIONS. —

(i) NOTICE.—If the Attorney General renders an adverse

determination under subparagraph (E), the Attorney General shall so notify
the alien involved. The notice shall be in writing and shall state the
factual basis for any adverse determination. The Attorney General shall
provide the alien with an opportunity to submit evidence to rebut any
adverse determination. If the Attorney General reverses all adverse
determinations pursuant to such rebuttal, the Attorney General shall so
notify the alien involved and shall remove the conditional basis of the
alien's status (and that of the alien's spouse and children if it was
obtained under section 216A of the Immigration and Nationality Act (8 U.S.C.
1186b)) effective as of the second anniversary of the continuation, under
paragraph (1)(F)(ii), of the conditional basis of the alien's lawful
admission for permanent residence.

(ii) TERMINATION IF ADVERSE DETERMINATION.—If the eligible alien's

rebuttal does not cause the Attorney General to reverse each adverse
determination under subparagraph (E), the Attorney General shall so notify
the alien involved and, subject to subsection (d), shall terminate the
permanent resident status of the alien (and that of the alien's spouse and
children if it was obtained on a conditional basis under section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b)).

(d) HEARING IN REMOVAL PROCEEDING.—Any alien whose permanent

resident status is terminated under paragraph (1)(F)(iii) or (2)(G)(ii) of
subsection (c) may request a review of such determination in a proceeding to
remove the alien. In such proceeding, the burden of proof shall be on the
Attorney General.

(e) CLARIFICATION WITH RESPECT TO CHILDREN.—In the case of an

alien who obtained the status of an alien lawfully admitted for permanent
residence on a conditional basis before the date of the enactment of this
Act by virtue of being the child of an eligible alien described in
subsection (b)(1), the alien shall be considered to be a child for the
purposes of this section regardless of any change in age or marital status
after obtaining such status.

(f) DEFINITION OF FULL-TIME.—For purposes of this section, the

term "full-time" means a position that requires at least 35 hours of service
per week at any time, regardless of who fills the position.

SEC.11032 CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN
ENTREPRENEURS, SPOUSES, AND CHILDREN.

(a) IN GENERAL.—With respect to each eligible alien described in

subsection (b), the Attorney General or the Secretary of State grant the
alien (and any spouse or child of the alien, if the spouse or child is
eligible to receive a visa under section 203(d) of the Immigration and
Nationality Act (8 U.S.C. 1153(d))) the status of an alien lawfully admitted
for permanent residence on a conditional basis under section 216A of such
Act (8 U.S.C. 1186b). Such application shall be approved not later than 180
days after the date of the enactment of this Act.

(b) ELIGIBLE ALIENS DESCRIBED.—An alien is an eligible alien

described in this subsection if the alien—

(1) filed, under section 204(a)(1)(H) of the Immigration and

Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor provision), a
petition to accord the alien such status under section 203(b)(5) of such Act
(8 U.S.C. 1153(b)(5)) that was approved by the Attorney General after
January 1, 1995, and before August 31, 1998;

(2) pursuant to such approval, timely filed before the date of the

enactment of this Act an application for adjustment of status under section
245 of such Act (8 U.S.C. 1255) or an application for an immigrant visa
under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)); and

(3) is not inadmissible or deportable on any ground.

(c) TREATMENT OF CERTAIN APPLICATIONS.—

(1) REVOCATION OF APPROVAL OF PETITIONS.—If the Attorney General

revoked the approval of a petition described in subsection (b)(1), such
revocation shall be disregarded for the purposes of this section if it was
based on a determination that the alien failed to satisfy section
203(b)(5)(A)(ii) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(A)(ii)).

(2) APPLICATION NO LONGER PENDING.—

(A) IN GENERAL.—If an application described in subsection (b)(2)

is not pending on the date of the enactment of this Act, the Attorney
General shall disregard the circumstances leading to such a lack of pendency
and treat it as reopened, if such lack of pendency is due to a determination
that the alien—

(i) failed to satify section 203(b)(5)(A)(ii) of the Immigration

and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)); or

(ii) departed the United States without advance parole.

(B) APPLICANTS ABROAD.—In the case of an eligible alien who filed

an application for adjustment of status described in subsection (b)(2), but
who is no longer physically present in the United States, the Attorney
General shall establish a process under which the alien may be paroled into
the United States if necessary in order to obtain adjustment of status under
this section.

(d) RECORDATION OF DATE; REDUCTION OF NUMBERS.— Upon the approval

of an application under subsection (A), the Attorney General shall record
the alien's lawful admission for permanent residence on a conditional basis
as of the date of such approval and the Secretary of State shall reduce by
one the number of visas authorized to be issued under sections 201(d) and
203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1151(d) and
1153(b)(5)) for the fiscal year then current.

(e) REMOVAL OF CONDITIONAL BASIS.—

(1) PETITION.—In order for a conditional basis established under

this section for an alien (and the alien's spouse and children) to be
removed, the alien must satisfy the requirements of section 216A(c)(1) of
the Immigration and Nationality Act (8 U.S.C. 1186b(c)(1)), including the
submission of a petition in accordance with subparagraph (A) of such
section. Such petition may include the facts and information described in
subparagraphs (A) and (B) of section 216A(d)(1) of the Immigration and
Nationality Act (8 U.S.C. 1186b(d)(1) with respect to any commercial
enterprise (regardless of whether such enterprise is a limited partnership
and regardless of whether the alien entered the enterprise after its
formation) in the United States in which the alien has made a capital
investment at any time.

(2) DETERMINATION.—In carrying out section 216A(c)(3) of the

Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)) with respect to an
alien described in paragraph (1), the Attorney General, in lieu of the
determination described in such section 216A(c)(3), shall make a
determination, within 90 days of the date of such filing, whether—

(A) the petition described in paragraph (1) contains any material

misrepresentation in the facts and information alleged in the petition with
respect to the commercial enterprises included in the petition;

(B) subject to subparagraphs (B) and (C) of section 11031(c)(1),

all such enterprises, considered together, created full-time jobs for not
fewer than 10 United States citizens or aliens lawfully admitted for
permanent residence or other immigrants lawfully authorized to be employed
in the United States (other than the alien and the alien's spouse, sons, or
daughters), and those jobs exist or existed on either of the dates described
in paragraph (3); and

(C) considering the alien's investments in such enterprises on

either of the dates described in paragraph (3), or on both such dates, the
alien is or was in substantial compliance with the capital investment
requirement described in section 216A(d)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1186b(d)(1)(B)).

(3) DATES.—The dates described in this paragraph are the

following:

(A) The date on which the application described in subsection

(b)(2) was filed.

(B) The date on which the determination under paragraph (2) is

made.

(f) CLARIFICATION WITH RESPECT TO CHILDREN.—In the case of an

alien who was a child on the date on which the application described in
subsection (b)(2) was filed, the alien shall be considered to be a child for
purposes of this section regardless of any change in age or marital status
after such date.

SEC. 11033. REGULATIONS.

The Immigration and Naturalization Service shall promulgate

regulations to implement this chapter not later than 120 days after the date
of enactment of this Act. Until such regulations are promulgated, the
Attorney General shall not deny a petition filed or pending under section
216A(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1186b(c)(1)(A)) that relates to an eligible alien described in section
11031, or on an application filed or pending under section 245 of such Act
(8 U.S.C. 1255) that relates to an eligible alien described in section
11032. Until such regulations are promulgated, the Attorney General shall
not initiate or proceed with removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a) that relate to an eligible
alien described in section 11031 or 11032.

SEC. 11034. DEFINITIONS.

Except as otherwise provided, the terms used in this chapter shall

have the meaning given such terms in section 101(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)).

CHAPTER 2—AMENDMENTS TO OTHER LAWS

SEC. 11035. DEFINITION OF "FULL-TIME EMPLOYMENT".

Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C.

1153(b)(5)) is amended by adding at the end the following:

"(D) FULL-TIME EMPLOYMENT DEFINED.—In this paragraph, the term 'full-time
employment' means employment in a position that requires at least 35 hours
of service per week at any time, regardless of who fills the position.".

SEC. 11036. ELIMINATING ENTERPRISE ESTABLISHMENT REQUIREMENT FOR ALIEN
ENTREPRENEURS.

(a) PREFERENCE ALLOCATION FOR EMPLOYMENT CREATION.— Section

203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is
amended—

(1) in subparagraph (A)—
(A) in the matter preceding clause (i), by striking "enterprise—"

and inserting "enterprise (including a limited partnership)—";

(B) by striking clause (i); and
(C) by redesignating clauses (ii) and (iii) as clauses (i) and

(ii), respectively; and

(2) in subparagraph (B)(i), by striking "establish" and inserting

"invest in".

(b) CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIEN ENTREPRENEURS,

SPOUSES, AND CHILDREN.—Section 216A of the Immigration and Nationality Act
(8 U.S.C. 1186b) is amended—

(1) in subsection (b)(1)—

(A) in subparagraph (A) by striking "establishment of" and

inserting "investment in"; and

(B) by amending subparagraph (B) to read as follows:
"(B)(i) the alien was not sustaining the actions described in

clause (i) throughout the period of the alien's residence in the United
States; or";

(2) by amending subsection (d)(1) to read as follows:
"(1) CONTENTS OF PETITION.—Each petition under subsection

(c)(1)(A) shall contain facts and information demonstrating that the alien—

"(A)(i) invested, or is actively in the process of investing, the

requisite capital; and

"(ii) sustained the actions described in clause (i) throughout the

period of the alien's residence in the United States; and

"(B) is otherwise conforming to the requirements of section

203(b)(5)."; and

(3) by adding at the end of subsection (f) the following:
"(3) The term 'commercial enterprise' includes a limited

partnership.".

(c) EFFECTIVE DATE.—The amendments made by this section shall take

effect on the date of the enactment of this Act and shall apply to aliens
having any of the following petitions pending on or after the date of the
enactment of this Act:

(1) A petition under section 204(a)(1)(H) of the Immigration and

Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor provision),
with respect to status under section 203(b)(5) of such Act (8 U.S.C.
1186b(c)(1)(A)) to remove the conditional basis of an alien's permanent
resident status.

SEC. 11037. AMENDMENTS TO PILOT IMMIGRATION PROGRAM FOR REGIONAL CENTERS TO
PROMOTE ECONOMIC GROWTH.

(a) PURPOSE OF PROGRAM.—Section 610(a) of the Departments of

Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note), is amended—

(1) by inserting after "regional center in the United States" the

following: ", designated by the Attorney General on the basis of a general
proposal,";

(2) by striking "and increased domestic" and inserting "or

increased domestic"; and

(3) by adding at the end the following:

"A regional center shall have jurisdication over a limited geographic area,
which shall be described in the proposal and consistent with the purpose of
concentrating pooled investment in defined economic zones. The establishment
of a regional center may be based on general predictions, contained in the
proposal, concerning the kinds of commercial enterprises that will receive
capital from aliens, the jobs that will be created directly or indirectly as
a result of such capital investments, and the other positive economic
effects such capital investments will have.".

(b) EFFECTIVE DATE.—The amendments made by this section shall take

effect on the date of the enactment of this Act; and shall apply to—

(1) any proposal for a regional center pending before the Attorney

General (whether for an initial decision or on appeal) on or after the date
of the enactment of this Act; and

(2) any of the following petitions, if filed on or after the date

of the enactment of this Act:

(A) A petition under section 204(a)(1)(H) of the Immigration and

Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor provision),
with respect to status under section 203(b)(5) of such Act (8 U.S.C.
1153(b)(5)).

(B) A petition under section 216A(c)(1)(A) of such Act (8 U.S.C.

1186b(c)(1)(A)) to remove the conditional basis of an alien's permanent
resident status.

Copyright (C) 2002, Latour and Lleras, P.A., Attorneys at Law

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