Section 1 Short title
This Act may be cited as the “E–2 Visa Improvement Act of 2017”.
E–2 Visa Improvement Act of 2017
A BILL
To amend the Immigration and Nationality Act to permit certain E–2 nonimmigrant investors to adjust status to lawful permanent resident status.
Sec. 2 Adjustment to lawful permanent resident status of certain E–2 nonimmigrant investors
In general— Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is amended—
in subparagraph (A)(ii), by inserting “except as provided in subparagraph (E)(i),” after “(ii)”; and
by adding at the end the following new subparagraph:
“(E) Special rules for certain E–2 nonimmigrant investors
“(i) In general—In the case of an alien who has been present in the United States in the status of an alien described in section 101(a)(15)(E)(ii) for at least 10 years the alien is deemed as satisfying the requirement of subparagraph (A)(ii) if the enterprise has created full-time employment for not fewer than two individuals described in such subparagraph (A)(ii).
“(ii) Limitation—Not more than 10,000 visas may be made available under this paragraph to principal aliens described in clause (i) in any fiscal year, except that such visas shall not be included in the number in subparagraph (A) and shall not count towards that limitation on the total visas made available under this paragraph.”
Conforming amendment— Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
“(F) Aliens who receive an immigrant visa under section 203(b)(5)(E).”
Treatment of certain children of nonimmigrant investors— Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:
“(s) Certain children of nonimmigrant investors—In the case of an alien seeking or that has status under section 101(a)(15)(E)(ii), notwithstanding section 101(b)(1), if the son or daughter of that alien is 26 years of age or younger, that son or daughter shall be deemed a child of the alien accompanying or following to join him. The Secretary of Homeland Security may provide employment authorization to such a son or daughter who is 18 years of age or older and 26 years of age or younger, and who applies for such authorization. If the alien’s status is terminated, such authorization shall also terminate on the same date.”
Effective date— The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act. Periods of presence in the United States in the status of an alien described in section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) before such date shall be counted towards satisfying the time requirement specified in subparagraph (E) of section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) (as added by paragraph (3) of subsection (a)).
Immediate eligibility for adjustment of status of certain long-Term E–2 nonimmigrant investors— An alien who has been present in the United States in the status of an alien described in section 101(a)(15)(E)(ii) of the Immigration and Nationality Act for not less than 10 years may be immediately eligible to adjust status to that of an alien lawfully admitted for permanent residence pursuant to the amendment made by subsection (a).