ELIMINATING ENTERPRISE ESTABLISHMENT REQUIREMENT FOR ALIEN ENTREPRENEURS.

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”. 116 STAT. 1847 (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 did not invest, or was not actively in the process of investing, the requisite capital; or “(ii) 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. 1153(b)(5)). (2) 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.