Page:United States Statutes at Large Volume 116 Part 3.djvu/247

 PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1839 (c) DETERMINATIONS ON PETITIONS. — (1) INITIAL DETERMINATION.— (A) IN GENERAL. —With respect to each eligible alien Deadline, described in subsection (b)(1), the Attorney General shall make a determination, not later than 180 days after the date of the enactment of this Act, whether— (i) the petition described in subsection (b)(1)(C) contains any material misrepresentation in the facts and information described in section 216A(d)(l) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(l)) and alleged in the petition with respect to a commercial enterprise (regardless of whether such enterprise is a limited partnership and regardless of whether the alien entered the enterprise after its formation); (ii) subject to subparagraphs (B) and (C), such enterprise created full-time jobs for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the eligible alien and the alien's spouse, sons, or daughters), and those jobs exist or existed on any of the dates described in subparagraph (D); and (iii) on any of the dates described in subparagraph (D), the alien is in substantial compliance with the capital investment requirement described in section 216A(d)(l)(B) of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(l)(B)). (B) INVESTMENT UNDER PILOT IMMIGRATION PROGRAM. — For purposes of subparagraph (A)(ii), an investment that satisfies the requirements of section 610(c) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note), as in effect on the date of the enactment of this Act, shall be deemed to satisfy the requirements of such subparagraph. (C) EXCEPTION FOR TROUBLED BUSINESSES.— In the case of an eligible alien who has made a capital investment in a troubled business (as defined in 8 CFR 204.6(e), as in effect on the date of the enactment of this Act), in lieu of the determination under subparagraph (A)(ii), the Attorney General shall determine whether the number of employees of the business, as measured on any of the dates described in subparagraph (D), is at no less than the pre-investment level. (D) DATES. —The dates described in this subparagraph • the following: (i) The date on which the petition described in subsection (b)(1)(C) is filed. (ii) 6 months after the date described in clause (i). (iii) The date on which the determination under subparagraph (A) or (C) is made. (E) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION. — If the Attorney General renders an affirmative determination with respect to clauses (u) and (iii) of subparagraph (A), and if the Attorney General renders a negative determination with respect to clause (i) '^

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