I
112th CONGRESS
2d Session
H. R. 6210
IN THE HOUSE OF REPRESENTATIVES
July 26, 2012
Mr. Conyers (for himself and Mr. Chaffetz) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide for additional immigrant visas for certain entrepreneurs and job creators, and for other purposes.
Short title
This Act may be cited as the
American Investment and Job Creation
Act of 2012
.
Immigrant visas for Entrepreneurs and Job Creators
Aliens who are members of the professions holding advanced degrees
Section 203(b)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(B)) is amended—
by striking
(B) (i) Subject to clause (ii)
and inserting the following:
(B) National Interest
Waivers.—
In general
Subject to clauses (ii) and (iii)
;
in clause (ii)—
by striking
(ii) (I) The Attorney General
and inserting the following:
(ii) Physicians working in
shortage areas or veterans facilities.—
In general
The Secretary of Homeland Security
;
in subclause (II), by striking (II)
No permanent resident visa
and inserting the following: (II)
Prohibition.—No
permanent resident visa
;
in subclause
(III), by striking (III) Nothing in this subparagraph
and
inserting the following: (III)
Statutory
construction.—Nothing in this subparagraph
; and
in subclause (IV), by striking (IV)
The requirements of
and inserting the following: (IV)
Effective
date.—The requirements of
; and
by inserting after clause (ii) the following:
Entrepreneurs and job creators
The Secretary of Homeland Security shall grant a national interest waiver pursuant to clause (i) on behalf of any alien entrepreneur with respect to whom a petition for preference classification has been filed under subparagraph (A) if—
the alien has engaged in a new commercial enterprise (including a limited partnership or similar entity) in the United States; and
such enterprise has benefitted the United States economy and satisfied the employment creation requirements described in section 204(m).
.
Skilled workers, professionals, and other workers
Section 203(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(3)) is amended by inserting after subparagraph (C) the following:
National interest waiver for entrepreneurs and job creators
The Secretary of Homeland Security shall waive application of subparagraph (C) on behalf of any alien entrepreneur with respect to whom a petition for preference classification has been filed under subparagraph (A) if—
the alien has engaged in a new commercial enterprise (including a limited partnership or similar entity) in the United States; and
such enterprise has benefitted the United States economy and satisfied the employment creation requirements described in section 204(m).
.
Requirements
In general
Section 204 of the Immigration and Nationality Act is amended by adding at the end the following:
Entrepreneurs and job creators
Job creation requirements
For purposes of sections 203(b)(2)(B) and 203(b)(3)(D), a new commercial enterprise shall be deemed to have benefitted the United States economy and satisfied the employment creation requirements of this subsection if the enterprise—
has, during the period beginning 4 years prior to the date that a petition for preference classification with respect to the alien has been filed under subparagraph (A), created direct, full-time employment—
for not less than 5 United States workers; or
in the case of an enterprise in a Distressed Area Development Zone, for not less than 3 United States workers; and
the enterprise has received enough investment or revenue during the period described in subparagraph (A) to support the employment creation requirements described in such subparagraph.
Definitions
For purposes of sections 203(b)(2)(B) and 203(b)(3)(D):
Full-time employment
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. Such employment 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 employees.
Investment or revenue
The term
investment or revenue
does not include any assets acquired,
directly or indirectly, by unlawful means. The term investment
includes assets provided by the alien entrepreneur and may include assets,
including venture capital investments, provided pursuant to an investment
agreement with investors who are United States citizens or aliens lawfully
admitted to the United States for permanent residence.
United states worker
The term United States worker
means an
employee (other than the immigrant or the immigrant’s spouse, sons, or
daughters) who—
is a citizen or national of the United States; or
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 authorized to be employed in the United States.
Priority date
The priority date for any alien who is adjusting status from any nonimmigrant classification described in section 101(a)(15) and who receives a national interest waiver under section 203(b)(2)(B) or 203(b)(3)(D) shall be the date of the first petition or application for status under section 101(a)(15) filed with respect to that alien.
.
Distressed area development zones
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
The term
Distressed Area Development Zone
means—
a low-income geographic area, as such term is defined in section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689); or
a city or county in the United States—
that has experienced high unemployment (of not less than 150 percent of the national average, as determined by the Secretary of Labor) within the preceding 24 months; or
has had a 20 percent or more decrease in population since 1970.
.
Conforming amendments
Section 203 of the
Immigration and Nationality Act is amended by striking Attorney
General
each place such term appears and inserting Secretary of
Homeland Security
.
Section
204(a)(1)(E) of the Immigration and Nationality Act is amended by inserting
or under paragraph (2) or (3) of section 203(b) if such alien is seeking
a national interest waiver under section 203(b)(2)(B) or 203(b)(3)(D),
after 203(b)(1)(A)
.
