Page:United States Statutes at Large Volume 104 Part 6.djvu/600

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104 STAT. 4990 PUBLIC LAW 101-649—NOV. 29, 1990 "(B) SET-ASIDE FOR TARGETTED EMPLOYMENT AREAS.— "(i) IN GENERAL.—Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who establish a new commercial enterprise described in subparagraph (A) which will create employment in a targetted employment area. "(ii) TARGETTED EMPLOYMENT AREA DEFINED. — In this paragraph, the term 'targetted employment area' means, at the time of the investment, a rural area or, an area which has experienced high unemployment (of at least 150 percent of the national average rate), "(iii) RURAL AREA DEFINED. — In this paragraph, the term 'rural area' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States). " (C) AMOUNT OF CAPITAL REQUIRED.— "(i) IN GENERAL.— Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence. "(ii) ADJUSTMENT FOR TARGETTED EMPLOYMENT AREAS.— The Attorney General may, in the case of investment made in a targetted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than Vz of) the amount specified in clause (i). " (iii) ADJUSTMENT FOR HIGH EMPLOYMENT AREAS. —In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment— "(I) is not a targetted employment area, and "(II) is an area with an unemployment rate significantly below the national average unemploy- ment rate, the Attorney (general may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (i).". (b) DETERRING IMMIGRATION-RELATED ENTREPRENEURSHIP FRAUD.— (1) CONDITIONAL BASIS FOR PERMANENT RESIDENT STATUS BASED ON ESTABLISHMENT OF COMMERCIAL ENTERPRISES.— Chapter 2 of title II is amended by inserting after section 216 the following new section: "C ONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN 8 USC 1186b. " SEC. 216A. (a) IN GENERAL.— "(1) CONDITIONAL BASIS FOR STATUS. — Notwithstanding any other provision of this Act, an alien entrepreneur (as defined in