United States 116th Congress Status: In Committee 1 R cosponsors

S 328 — Startup Act

Last action — Read twice and referred to the Committee on the Judiciary.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Startup Act This bill provides conditional visas to certain immigrants with advanced educational credentials. It also establishes a grant program to promote innovation and imposes requirements on certain rulemaking activities. The Department of Homeland Security (DHS) may provide conditional permanent resident status to up to 50,000 aliens with advanced science, technology, engineering, or math (STEM) degrees. Such aliens may remain in the country for up to one year after the expiration of a student visa to find employment, or indefinitely if already engaged in a STEM field. DHS may issue conditional immigrant visas for up to 75,000 qualified alien entrepreneurs. The bill imposes various requirements on such entrepreneurs, such as creating a number of full-time jobs for a period of time, after which the alien shall receive permanent resident status. The bill increases the per-country cap on family-based immigrant visas from 7% of the total number of such visas available that year to 15%, and eliminates the 7% cap for employment-based immigrant visas. It also removes an offset that reduced the number of visas for individuals from China. The bill establishes a grant program to support the commercialization of federally-funded research. It also extends funding authorization through FY2024 for an existing regional innovation grant program and amends the program's provisions. This bill requires federal agencies, before proposing a rule that may have a significant economic effect, to publish an analysis of the rule, including the problem the rule intends to address and a cost-benefit analysis.

Bill Text

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces new provisions for conditional permanent resident status for aliens with advanced degrees in STEM fields and for qualified alien entrepreneurs while amending existing laws associated with these statuses.

  • 8 U.S.C. 1181

    SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS FOR ALIENS WITH AN ADVANCED DEGREE IN A STEM FIELD. (a) In General.--Notwithstanding any other provision of this Act, the Secretary of Homeland Security may-- (1) adjust the status of not more than 50,000 aliens who have earned a master's degree or a doctorate degree at an institution of higher education in a STEM field to that of an alien conditionally admitted for permanent residence; and (2) authorize each alien granted an adjustment of status under paragraph (1) to remain in the United States-- (A) for up to 1 year after the expiration of the alien's student visa under section 101(a)(15)(F)(i) if the alien is diligently searching for an opportunity to become actively engaged in a STEM field; and (B) indefinitely if the alien remains actively engaged in a STEM field.

    This addition allows up to 50,000 aliens with advanced degrees in STEM fields to obtain conditional permanent resident status and provides specific terms for their stay and employment in the U.S.

  • 8 U.S.C. 1181

    SEC. 210A. QUALIFIED ALIEN ENTREPRENEURS. (a) Admission as Immigrants.--The Secretary of Homeland Security may issue a conditional immigrant visa, in accordance with this section and section 216A, to not more than 75,000 qualified alien entrepreneurs.

    This section establishes a new pathway for up to 75,000 qualified alien entrepreneurs to receive conditional immigrant visas, promoting new business formations.

  • 8 U.S.C. 1186b

    Attorney General → Secretary of Homeland Security

    This change updates the responsible authority for conditional permanent resident status procedures from the Attorney General to the Secretary of Homeland Security.

  • 8 U.S.C. 1186b

    alien entrepreneur must → alien entrepreneur shall

    This modifies the language to reinforce the obligations of the alien entrepreneur under the conditional permanent residency requirements.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

finance labor technology
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Frequently asked questions

What does S 328 do?
Startup Act This bill provides conditional visas to certain immigrants with advanced educational credentials. It also establishes a grant program to promote innovation and imposes requirements on certain rulemaking activities. The Department of Homeland Security (DHS) may provide conditional permanent resident status to up to 50,000 aliens with advanced science, technology, engineering, or math (STEM) degrees. Such aliens may remain in the country for up to one year after the expiration of a student visa to find employment, or indefinitely if already engaged in a STEM field. DHS may issue conditional immigrant visas for up to 75,000 qualified alien entrepreneurs. The bill imposes various requirements on such entrepreneurs, such as creating a number of full-time jobs for a period of time, after which the alien shall receive permanent resident status. The bill increases the per-country cap on family-based immigrant visas from 7% of the total number of such visas available that year to 15%, and eliminates the 7% cap for employment-based immigrant visas. It also removes an offset that reduced the number of visas for individuals from China. The bill establishes a grant program to support the commercialization of federally-funded research. It also extends funding authorization through FY2024 for an existing regional innovation grant program and amends the program's provisions. This bill requires federal agencies, before proposing a rule that may have a significant economic effect, to publish an analysis of the rule, including the problem the rule intends to address and a cost-benefit analysis.
Who sponsors S 328?
S 328 is sponsored by Moran, Jerry (Republican).
What is the current status of S 328?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 328?
Track S 328 free on One Click Politics — get push/email alerts when it moves.

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