,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #agfj  ,,in ,,the ,,house ,,of  
,,representatives  ,april #be1 #bjac    
,mr4 ,schiff introduced the following   
bill2 which was referred to the         
,committee on the ,judiciary  ,a ,,bill 
,to establish an entrepreneur-based     
immigrant category for alien            
entrepreneurs who have completed or are 
in the process of completing a degree in
 ,science1 ,engineering1 ,math or a     
technology-related field4  #a4 ,short   
title ,this ,act may be cited as the    
,immigration and ,naturalization        
,investment ,ventures for ,engineering1 
,science1 and ,technology in ,america   
,act of #bjac or ,,invest in ,america   
,act4  #b4 ,conditional permanent       
resident status for certain ,,stem alien
 entrepreneurs1 spouses1 and children   
,the ,immigration and ,nationality ,act 
is amended by inserting after section   
#baf;,a the following3  #baf;,b4        
,conditional permanent resident status  
for certain ,,stem alien entrepreneurs1 

spouses1 and children  7a7 ,in general  
7#a7 ,adjustment of status ,each fiscal 
year1 the status of not more than #i1idj
 aliens having status under section     
#aja7;a77#ae77;,f77i7 or                
#aja7;a77#ae77;,h77i77b7 shall be       
adjusted to that of an alien lawfully   
admitted for permanent residence if each
 such alien files an application1 at    
such time and in such manner as the     
,secretary of ,homeland ,security may   
require1 that includes information      
sufficient to prove that the alien has  
fulfilled the following requirements3   
7,a7 ,the alien is in the process of    
completing1 or has completed within the 
most recent #c years preceding the date 
of application1 a graduate level degree 
in science1 technology1 engineering1    
math or a related academic discipline   
from an accredited ,united ,states      
college1 university or other institute  
of higher education4  7,b7 ,the alien   
establishes and engages in a new        
commercial enterprise 7including a      

limited partnership7 that is relevant to
 the area of study of paragraph 7#a74   
7,c7 ,the alien submits a business plan 
7which may be updated and modified as a 
result of market conditions as long as  
the criteria specified in this section  
are met71 which includes the creation of
 no less than #e new full-time jobs and 
a minimum of #ij total work months for  
,united ,states citizens or aliens      
lawfully admitted for permanent         
residence or other immigrants lawfully  
authorized to be employed in the ,united
 ,states 7other than the immigrant and  
the immigrant's spouse1 sons1 or        
daughters7 within #e years and provides 
the prevailing wage level for the       
occupational classification in the area 
of employment4  7,d7 ,the alien is      
admissible as an immigrant1 except that 
the numerical limitations of sections   
#bja and #bjb shall not apply to the    
adjustment of aliens to lawful permanent
 resident status under this subsection4 
7#b7 ,conditional basis for status      

,notwithstanding any other provision of 
this ,act1 an alien entrepreneur 7as    
defined in subsection 7g77#a771 alien   
spouse1 and alien child 7as defined in  
subsection 7g77#b77 shall be considered1
 at the time of obtaining the status of 
an alien lawfully admitted for permanent
 residence1 to have obtained such status
 on a conditional basis subject to the  
provisions of this section4  7#c7       
,notice of requirements  7,a7 ,at time  
of obtaining permanent residence ,at the
 time an alien entrepreneur1 alien      
spouse1 or alien child obtains permanent
 resident status on a conditional basis 
under paragraph 7#a71 the ,secretary of 
,homeland ,security shall provide for   
notice to such an entrepreneur1 spouse1 
or child respecting the provisions of   
this section and the requirements of    
subsection 7c77#a7 to have the          
conditional basis of such status        
renewed1 and the requirements of        
subsection 7d77#a7 to have the          
conditional basis of such status        

removed4  7,b7 ,at time of required     
petition ,in addition1 the ,secretary of
 ,homeland ,security shall attempt to   
provide notice to such an entrepreneur1 
spouse1 or child1 at or about the       
beginning of the #ij-;day period        
described in subsection 7e77#b77;,a71 of
 the requirements of subsection 7c77#a7 
and 7d77#a74  7,c7 ,effect of failure to
 provide notice ,the failure of the     
,secretary of ,homeland ,security to    
provide a notice under this paragraph   
shall not affect the enforcement of the 
provisions of this section with respect 
to such an entrepreneur1 spouse1 or     
child4  7b7 ,termination of status if   
finding that qualifying entrepreneurship
 improper  7#a7 ,in general ,in the case
 of an alien entrepreneur with permanent
 resident status on a conditional basis 
under subsection 7a71 if the ,secretary 
of ,homeland ,security determines1      
before the #fj-month anniversary of the 
alien's obtaining the status of lawful  
admission for permanent residence1      

that--  7,a7 the establishment of the   
commercial enterprise was intended      
solely as a means of evading the        
immigration laws of the ,united ,states2
  7,b7 7i7 the alien did not establish  
and engage in a new commercial          
enterprise relevant to the graduate     
level degree in science1 technology1    
engineering1 math or a related academic 
discipline2 or  7ii7 the alien was not  
sustaining the actions described in     
clause 7i7 throughout the period of the 
alien's residence in the ,united        
,states2 or  7,c7 the alien was         
otherwise not conforming to the         
requirements of this section1 then the  
,secretary of ,homeland ,security shall 
so notify the alien involved and1       
subject to paragraph 7#b71 shall        
terminate the permanent resident status 
of the alien 7and the alien spouse and  
alien child7 involved as of the date of 
the determination4  7#b7 ,hearing in    
removal proceeding ,any alien whose     
permanent resident status is terminated 

under paragraph 7#a7 may request a      
review of such determination in a       
proceeding to remove the alien4 ,in such
 proceeding1 the burden of proof shall  
be on the ,secretary of ,homeland       
,security to establish1 by a            
preponderance of the evidence1 that a   
condition described in paragraph 7#a7 is
 met4  7c7 ,requirements of ,timely     
,petition and ,interview for ,renewal of
 ,condition  7#a7 ,in general ,in order 
for the conditional basis established   
under subsection 7a7 for an alien       
entrepreneur1 alien spouse1 or alien    
child to be renewed--  7,a7 the alien   
entrepreneur must submit to the         
,secretary of ,homeland ,security1      
during the period described in          
subsection 7e77#b71 a petition which    
requests the renewal of such conditional
 basis and which states1 under penalty  
of perjury1 the facts and information   
described in subsection 7e77#a72 and    
7,b7 in accordance with subsection      
7e77#c71 the alien entrepreneur must    

appear for a personal interview before  
an officer or employee of the ,service  
respecting the facts and information    
described in subsection 7e77#a74  7#b7  
,termination of permanent resident      
status for failure to file petition or  
have personal interview  7,a7 ,in       
general ,in the case of an alien with   
permanent resident status on a          
conditional basis under subsection 7a71 
if--  7i7 no petition is filed with     
respect to the alien in accordance with 
the provisions of paragraph 7#a77;,a72  
or  7ii7 unless there is good cause     
shown1 the alien entrepreneur fails to  
appear at the interview described in    
paragraph 7#a77;,b7 7if required under  
subsection 7e77#c771 the ,secretary of  
,homeland ,security shall terminate the 
permanent resident status of the alien  
7and the alien's spouse and children if 
it was obtained on a conditional basis  
under this section7 as of the #cj month 
anniversary of the alien's lawful       
admission for permanent residence4  7,b7

 ,hearing in removal proceeding ,in any 
removal proceeding with respect to an   
alien whose permanent resident status is
 terminated under subparagraph 7,a71 the
 burden of proof shall be on the alien  
to establish compliance with the        
conditions of paragraphs 7#a77;,a7 and  
7#a77;,b74  7#c7 ,determination after   
petition and interview  7,a7 ,in general
 ,if--  7i7 a petition is filed in      
accordance with the provisions of       
paragraph 7#a77;,a72 and  7ii7 the alien
 entrepreneur appears at any interview  
described in paragraph 7#a77;,b71 the   
,secretary of ,homeland ,security shall 
make a determination1 within #ij days of
 the date of the such filing or         
interview 7whichever is later71 as to   
whether the facts and information       
described in subsection 7e77#a7 and     
alleged in the petition are true with   
respect to the qualifying commercial    
enterprise4  7,b7 ,renewal of           
conditional basis if favorable          
determination ,if the ,secretary of     

,homeland ,security determines that such
 facts and information are true1 the    
,secretary of ,homeland ,security shall 
so notify the alien involved and shall  
renew the conditional basis of the      
alien's status effective as of the #cj  
month anniversary of the alien's lawful 
admission for permanent residence4  7,c7
 ,termination if adverse determination  
,if the ,secretary of ,homeland         
,security determines that such facts and
 information are not true1 the          
,secretary of ,homeland ,security shall 
so notify the alien involved and1       
subject to subparagraph 7,d71 shall     
terminate the permanent resident status 
of an alien entrepreneur1 alien spouse1 
or alien child as of the date of the    
determination4  7,d7 ,hearing in removal
 proceeding ,any alien whose permanent  
resident status is terminated under     
subparagraph 7,c7 may request a review  
of such determination in a proceeding to
 remove the alien4 ,in such proceeding1 
the burden of proof shall be on the     

,secretary of ,homeland ,security to    
establish1 by a preponderance of the    
evidence1 that the facts and information
 described in subsection 7e77#a7 and    
alleged in the petition are not true    
with respect to the qualifying          
commercial enterprise4  7d7             
,requirements of ,timely ,petition and  
,interview for ,removal of ,condition   
7#a7 ,in general ,in order for the      
conditional basis established under     
subsection 7a7 for an alien             
entrepreneur1 alien spouse1 or alien    
child to be removed--  7,a7 the alien   
entrepreneur must submit to the         
,secretary of ,homeland ,security1      
during the period described in          
subsection 7e77#b71 a petition which    
requests the removal of such conditional
 basis and which states1 under penalty  
of perjury1 the facts and information   
described in subsection 7e77#a72 and    
7,b7 in accordance with subsection      
7e77#c71 the alien entrepreneur must    
appear for a personal interview before  

an officer or employee of the ,service  
respecting the facts and information    
described in subsection 7e77#a74  7#b7  
,termination of permanent resident      
status for failure to file petition or  
have personal interview  7,a7 ,in       
general ,in the case of an alien with   
permanent resident status on a          
conditional basis under subsection 7a71 
if--  7i7 no petition is filed with     
respect to the alien in accordance with 
the provisions of paragraph 7#a77;,a72  
or  7ii7 unless there is good cause     
shown1 the alien entrepreneur fails to  
appear at the interview described in    
paragraph 7#a77;,b7 7if required under  
subsection 7e77#c771 the ,secretary of  
,homeland ,security shall terminate the 
permanent resident status of the alien  
7and the alien's spouse and children if 
it was obtained on a conditional basis  
under this section7 as of the #fj month 
anniversary of the alien's lawful       
admission for permanent residence4  7,b7
 ,hearing in removal proceeding ,in any 

removal proceeding with respect to an   
alien whose permanent resident status is
 terminated under subparagraph 7,a71 the
 burden of proof shall be on the alien  
to establish compliance with the        
conditions of paragraphs 7#a77;,a7 and  
7#a77;,b74  7#c7 ,determination after   
petition and interview  7,a7 ,in general
 ,if--  7i7 a petition is filed in      
accordance with the provisions of       
paragraph 7#a77;,a72 and  7ii7 the alien
 entrepreneur appears at any interview  
described in paragraph 7#a77;,b71 the   
,secretary of ,homeland ,security shall 
make a determination1 within #ij days of
 the date of the such filing or         
interview 7whichever is later71 as to   
whether the facts and information       
described in subsection 7e77#a7 and     
alleged in the petition are true with   
respect to the qualifying commercial    
enterprise4  7,b7 ,removal of           
conditional basis if favorable          
determination ,if the ,secretary of     
,homeland ,security determines that such

 facts and information are true1 the    
,secretary of ,homeland ,security shall 
so notify the alien involved and shall  
remove the conditional basis of the     
alien's status effective as of the #fj  
month anniversary of the alien's lawful 
admission for permanent residence4  7,c7
 ,termination if adverse determination  
,if the ,secretary of ,homeland         
,security determines that such facts and
 information are not true1 the          
,secretary of ,homeland ,security shall 
so notify the alien involved and1       
subject to subparagraph 7,d71 shall     
terminate the permanent resident status 
of an alien entrepreneur1 alien spouse1 
or alien child as of the date of the    
determination4  7,d7 ,hearing in removal
 proceeding ,any alien whose permanent  
resident status is terminated under     
subparagraph 7,c7 may request a review  
of such determination in a proceeding to
 remove the alien4 ,in such proceeding1 
the burden of proof shall be on the     
,secretary of ,homeland ,security to    

establish1 by a preponderance of the    
evidence1 that the facts and information
 described in subsection 7e77#a7 and    
alleged in the petition are not true    
with respect to the qualifying          
commercial enterprise4  7e7 ,details of 
,petition and ,interview  7#a7 ,contents
 of petition  7,a7 ,each petition under 
subsection 7c77#a77;,a7 shall contain   
facts and information demonstrating that
 the alien--  7i7 established and       
engaged in a new commercial enterprise  
relevant to the graduate level degree in
 science1 technology1 engineering1 math 
or a related academic discipline2  7ii7 
sustained the actions described in      
clause 7i7 throughout the period of the 
alien's residence in the ,united        
,states2 and  7iii7 either--  7,i7      
created no less than #b new full-time   
jobs for ,united ,states citizens or    
aliens lawfully admitted for permanent  
residence or other immigrants lawfully  
authorized to be employed in the ,united
 ,states 7other than the immigrant and  

the immigrant's spouse1 sons1 or        
daughters7 for the duration of a        
#f-month minimum prior to the filing of 
the petition and provides the prevailing
 wage level for the occupational        
classification in the area of           
employment2 or  7,,ii7 invested not less
 than #bjj1jjj in the new commercial    
enterprise4  7,b7 ,each petition under  
subsection 7d77#a77;,a7 shall contain   
facts and information demonstrating that
 the alien--  7i7 established and       
engaged in a new commercial enterprise  
relevant to the graduate level degree in
 science1 technology1 engineering1 math 
or a related academic discipline2  7ii7 
sustained the actions described in      
clause 7i7 throughout the period of the 
alien's residence in the ,united        
,states2 and  7iii7 either--  7,i7      
created no less than #e new full-time   
jobs and a minimum of #ij total work    
months for a ,united ,states citizens or
 aliens lawfully admitted for permanent 
residence or other immigrants lawfully  

authorized to be employed in the ,united
 ,states 7other than the immigrant and  
the immigrant's spouse1 sons1 or        
daughters7 within #e years and provides 
the prevailing wage level for the       
occupational classification in the area 
of employment2 or  7,,ii7 invested not  
less than #ejj1jjj in the new commercial
 enterprise4  7,c7 is otherwise         
conforming to the requirements of this  
section4  7#b7 ,period for filing       
petition  7,a7 ,in general ,except as   
provided in subparagraph 7,b7--  7i7 the
 petition under subsection 7c77#a77;,a7 
must be filed during the #ij-;day period
 before the #cf month anniversary of the
 alien's lawful admission for permanent 
residence2 and  7ii7 the petition under 
subsection 7d77#a77;,a7 must be filed   
during the #ij-;day period before the   
#fj month anniversary of the alien's    
lawful admission for permanent          
residence4  7,b7 ,date petitions for    
good cause ,such a petition may be      
considered if filed after such date1 but

 only if the alien establishes to the   
satisfaction of the ,secretary of       
,homeland ,security good cause and      
extenuating circumstances for failure to
 file the petition during the period    
described in subparagraph 7,a74  7,c7   
,filing of petitions during removal ,in 
the case of an alien who is the subject 
of removal hearings as a result of      
failure to file a petition on a timely  
basis in accordance with subparagraph   
7,a71 the ,secretary of ,homeland       
,security may stay such removal         
proceedings against an alien pending the
 filing of the petition under           
subparagraph 7,b74  7#c7 ,personal      
interview ,the interview under          
subsection 7c77#a77;,b7 and 7d77#a77;,b7
 shall be conducted within #ij days     
after the date of submitting a petition 
under subsection 7c77#a77;,a7 and       
7d77#a77;,a71 respectively1 and at a    
local office of the ,service1 designated
 by the ,secretary of ,homeland         
,security1 which is convenient to the   

parties involved4 ,the ,secretary of    
,homeland ,security1 in the ,secretary  
of ,homeland ,security's discretion1 may
 waive the deadline for such an         
interview or the requirement for such an
 interview in such cases as may be      
appropriate4  7f7 ,treatment of ,period 
for ,purposes of ,naturalization ,for   
purposes of title ,,iii1 in the case of 
an alien who is in the ,united ,states  
as a lawful permanent resident on a     
conditional basis under this section1   
the alien shall be considered to have   
been admitted as an alien lawfully      
admitted for permanent residence and to 
be in the ,united ,states as an alien   
lawfully admitted to the ,united ,states
 for permanent residence4  7g7          
,definitions ,in this section3  7#a7    
,alien entrepreneur ,the term alien     
entrepreneur means an alien who obtains 
the status of an alien lawfully admitted
 for permanent residence 7whether on a  
conditional basis or otherwise7 under   
this section4  7#b7 ,alien spouse2 alien

 child ,the term alien spouse and the   
term alien child mean an alien who      
obtains the status of an alien lawfully 
admitted for permanent residence        
7whether on a conditional basis or      
otherwise7 by virtue of being the spouse
 or child1 respectively1 of an alien    
entrepreneur4  7#c7 ,commercial         
,enterprise ,the term commercial        
enterprise includes a limited           
partnership4  7#d7 ,investment ,the term
 investment includes investments by     
venture capitalists1 qualified angel    
investors1 or the entrepreneur1 and also
 includes reinvested profits4  7#e7     
,full-time employment ,the term         
full-time employment means employment in
 a position that requires at least #ce  
hours of service per week at any time1  
regardless of who fills the position4  4
  #c4 ,government ,accountability       
,office ,study  7a7 ,in general ,not    
later than #e years after the date of   
enactment of this ,act1 and again not   
later than #aj years after the date of  

enactment1 the ,comptroller ,general of 
the ,united ,states shall submit to     
,congress a report on the               
entrepreneur-based immigrant category   
established under section #baf;,b of the
 ,immigration and ,nationality ,act4    
7b7 ,contents ,a report described in    
subsection 7a7 shall include information
 regarding--  7#a7 the number of        
immigrant entrepreneurs who have        
obtained conditional permanent residency
 under the entrepreneur-based immigrant 
category2  7#b7 the number of jobs      
created through the program2  7#c7 the  
titles and wages of the created         
employment positions2  7#d7 the length  
of employment for the created employment
 positions2  7#e7 the number of         
immigrant entrepreneurs who were        
approved for removal of conditional     
permanent residence status at the end of
 the #e year conditional status period2 
7#f7 the economic impact of the         
commercial activity generated in the    
,united ,states as a result of immigrant

 entrepreneurs2 and  7#g7 any additional
 information regarding the effects of   
the ,program4  #d4 ,recruit1 ,retain1   
and ,invest ,strategic ,plan  7a7 ,in   
general ,not later than #b years after  
the date of the enactment of this ,act1 
the ,secretary of ,homeland ,security1  
the ,secretary of ,commerce1 and the    
,secretary of ,education shall jointly  
submit a strategic plan to be known as  
the ,recruitment1 ,retainment1 and      
,investment ,strategic ,plan to         
,congress4  7b7 ,contents ,the strategic
 plan described in subsection 7a7 shall 
study and recommend coordinated         
strategies to attract the highest       
skilled and most talented foreign       
nationals to immigrate to the ,united   
,states in order to create ,american    
jobs and grow the ,united ,states       
economy4