1.Short
title; table of contents
(a)This Act may be cited
as the Global Competitiveness Act of
2008
.
(b)The table of
contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Extension of returning worker exemption to H–2B
numerical limitation.
Sec. 3. Recapture of unused visas.
Sec. 4. H–1B visa availability.
Sec. 5. Fee for H–1B employers.
Sec. 6. Prohibitions on recruiting only H–1B workers and on
outsourcing.
Sec. 7. H–1B enforcement.
Sec. 8. Whistleblower protections.
Sec. 9. Limitations on approval of L–1 petitions for start-up
companies.
Sec. 10. Filing for early adjustment.
Sec. 11. Clarification of immigration fee account
provisions.
Sec. 12. National Science Foundation scholarship
program.
Sec. 13. Extension of E-Verify program.
Sec. 14. Clarification of false claims of United States
nationality.
2.Extension of
returning worker exemption to H–2B numerical limitationSubparagraph (A) of section 214(g)(9) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(9)) is amended by striking
2004, 2005, or 2006 shall not be counted toward the numerical limitation
during fiscal year 2007.
and inserting 2005, 2006, 2007, or 2008
shall not be counted toward the numerical limitation during the fiscal years
2008 through 2010.
.
3.Recapture of
unused visas
(a)Recapture of
unused H–1B visa
(1)Subsection (g) of section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended—
(A)by redesignating
paragraphs (10) and (11) as paragraphs (11) and (12), respectively; and
(B)by inserting
after paragraph (9) the following:
(10)(A)If the numerical
limitation set out in paragraph (1)(A) for fiscal year 2009 or any subsequent
fiscal year has been reached, such numerical limitation shall be supplemented
in a number equal to the lesser of—
(i)the cumulative total number of visas
that were available in all prior fiscal years subsequent to fiscal year 1991,
and not issued for each such fiscal year or any subsequent fiscal year;
and
(ii)50,000.
(B)The fee for a visa made available
pursuant to subparagraph (A) shall be $1,500.
(C)Fees collected under this paragraph
shall be deposited in the Treasury in accordance with section
286(s).
.
(2)
(A)Except as provided in subparagraph (B), the amendments
made by paragraph (1) shall be effective during the 3-year period beginning on
the date of the enactment of this Act.
(B)Enactment after
April 1, 2009If the date of the enactment of this Act is after
April 1, 2009, the amendments made by paragraph (1) shall take effect as if
enacted on April 1, 2009 and be effective during the 3-year period beginning on
such date.
(b)Recapture of
unused employment-based numbersSubsection (d) of section 106 of the
American Competitiveness in the Twenty-first Century Act of 2000 (Public Law
106–313; 8 U.S.C. 1153 note) is amended—
(1)in paragraph
(1)—
(A)by inserting
1994, 1996, 1997, 1998,
after available in fiscal
year
;
(B)by striking
or 2004
and inserting 2004, or 2006
; and
(C)by striking
be available
and all that follows and inserting the following:
“be available only to—
(A)employment-based
immigrants under paragraph (1), (2), (3)(A)(i), or (3)(A)(ii) of section 203(b)
of the Immigration and Nationality Act (8 U.S.C. 1153(b)) and spouses and
children accompanying or following to join such immigrants under section 203(d)
of such Act (8 U.S.C. 1153(d)); and
(B)immigrant workers
who had petitions approved based on Schedule A, Group I under section 656.5 of
title 20, Code of Federal Regulations, as promulgated by the Secretary of
Labor, and spouses and children accompanying or following to join such
immigrants under section 203(d) of such Act (8 U.S.C.
1153(d)).
;
(2)in paragraph
(2)—
(A)in subparagraph
(A), by striking 1999 through 2004
and inserting 1994,
1996, 1997, 1998, 2001 through 2004, and 2006
; and
(B)in subparagraph
(B), by amending clause (ii) to read as follows:
(ii)The total number of visas made available under paragraph
(1) from unused visas from the fiscal years 1994, 1996, 1997, 1998, 2001
through 2004, and 2006 shall be distributed as follows:
(I)The total number
of visas made available for immigrant workers who had petitions approved based
on Schedule A, Group I under section 656.5 of title 20, Code of Federal
Regulations, as promulgated by the Secretary of Labor, and their spouses and
children accompanying or following to join under section 203(d) of such Act (8
U.S.C. 1153(d)), shall be 61,000.
(II)The visas
remaining from the total made available under paragraph (1) shall be allocated
to employment-based immigrants with approved petitions under paragraph (1),
(2), (3)(A)(i) or (3)(A)(ii) of section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) and the spouses and children accompanying or
following to join such immigrants under section 203(d) of such Act (8 U.S.C.
1153(d)).
;
and
(3)by adding at the
end the following:
(4)Fee for
recapture of unused employment-based immigrant visas
(A)In addition to required filing fees, the Secretary shall
impose a $1,500 recapture fee upon each petitioning employer who uses a visa
number recaptured under this section.
(B)The
fee required under paragraph (A) shall not be imposed for the use of such visas
if the employer demonstrates to the Secretary that—
(i)the employer is a
health care facility that is located in a county or parish that received
individual and public assistance pursuant to Major Disaster Declaration number
1603 or 1607; or
(ii)the employer is
a health care facility that has been designated as a Health Professional
Shortage Area facility by the Secretary of Health and Human Services as defined
in section 332 of the Public Health Service Act (42 U.S.C. 254e).
(C)Fees
collected under this paragraph shall be deposited in the Immigration
Examinations Fee Account, section 286(m) and shall remain available until
expended by the Secretary of Homeland
Security.
.
4.Subsection (g) of
section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is
amended—
(1)in paragraph
(1)(A)—
(A)in clause (vi),
by striking and
at the end;
(B)by redesignating
clause (vii) as clause (ix); and
(C)by inserting
after clause (vi) the following:
(vii)65,000 in each
of fiscal years 2004 through 2008;
(viii)115,000 in
each of fiscal years 2009 through 2011;
and
;
and
(2)in paragraph
(5)(C), by striking 20,000
and inserting 30,000 for
fiscal years 2009 through 2011 and 20,000 for each fiscal year after fiscal
year 2011
.
5.Subparagraph (B) of
section 214(c)(9) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9))
is amended by striking $1,500
and inserting
$2,250
.
6.Prohibitions on
recruiting only H–1B workers and on outsourcing
(a)Subparagraph (A) of section 212(n)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended—
(1)in clause (i), by
striking , and
at the end and inserting a semicolon;
(2)in clause (ii),
by striking the period at the end and inserting a semicolon and
and
; and
(3)by adding at the
end the following:
(iii)will provide to
the H–1B nonimmigrant a copy of the approved petition filed on behalf of such
nonimmigrant under this
section.
.
(b)Prohibition on
outsourcingParagraph (1) of section 212(n) of the Immigration
and Nationality Act (8 U.S.C. 1182(n)) is amended by inserting after
subparagraph (G) the following:
(H)An alien admitted to the United States
or provided status as a nonimmigrant under section 101(a)(15)(H)(i)(b) may only
work at a worksite, that is in the United States, of an employer other than the
petitioning employer or its affiliate, subsidiary, or parent if the alien, as
part of such aliens's job responsibilities as described and approved in the
labor condition application under this subsection and the H–1B petition under
section 214, is required to provide a product or service of the petitioning
employer at the worksite of the nonpetitioning employer. Such work is not
authorized if the alien is essentially providing labor for hire for the
nonpetitioning
employer.
.
(c)Paragraph (1) of section 212(n) of the Immigration
and Nationality Act (8 U.S.C. 1182(n)), as amended by subsection (b), is
further amended by inserting after subparagraph (H), as added by such
subsection, the following:
(I)The employer has not advertised the
available jobs specified in the application in an advertisement that states or
indicates that—
(i)the job or jobs are only available
to persons who are or who may become H–1B nonimmigrants; or
(ii)persons who are or who may become
H–1B nonimmigrants shall receive priority or a preference in the hiring
process.
.
(d)Subsection (g) of section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184), as amended by section 3(a), is further amended
by adding at the end the following:
(13)(A)(i)An employer described
in clause (ii) may file not more than 1,000 petitions total for the initial
admission of an alien as a nonimmigrant under section 101(a)(15)(H)(i)(b) who
are counted under subsection (g)(1)(A) in any fiscal year.
(ii)An employer described in this
subparagraph is an employer that employs aliens admitted as, or provided status
under, section 101(a)(15)(H)(i)(b) in a number that is equal to or greater than
50 percent of the number of the total number of full-time employees.
(B)An employer that employs more than 50
employees may not employ aliens provided status as nonimmigrants under section
101(a)(15)(H)(i)(b) in a number that is equal to or greater than 75 percent of
the number of such full-time
employees.
.
(e)The amendments made by this section shall be effective
during the period beginning on the date of the enactment of this Act and ending
on September 31, 2011.
7.
(a)Safeguards
against fraud and misrepresentationParagraph (1) section 212(n)
of the Immigration and Nationality Act (8 U.S.C. 1182(n)), as amended by
subsections (b) and (c) of section 6, is further amended—
(1)in the
undesignated paragraph at the end, by striking The employer
and
inserting the following:
(J)The
employer.
;
and
(2)in subparagraph
(J), as designated by paragraph (1)—
(A)by inserting
and through the Department of Labor's website, without charge.
after D.C.
;
(B)by inserting
, clear indicators of fraud, misrepresentation of material fact,
after completeness
;
(C)by striking
or obviously inaccurate
and inserting , presents clear
indicators of fraud or misrepresentation of material fact, or is obviously
inaccurate
;
(D)by striking
within 7 days of
and inserting not later than 14 days
after
; and
(E)by adding at the
end the following: If the Secretary's review of an application
identifies clear indicators of fraud or misrepresentation of material fact, the
Secretary may conduct an investigation and hearing under paragraph
(2).
.
(b)Investigations
by the Secretary of LaborParagraph (2) of section 212(n) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended—
(1)in subparagraph
(A)—
(A)by striking
12 months
and inserting 24 months
; and
(B)by striking
The Secretary shall conduct
and all that follows and inserting
Upon the receipt of such a complaint, the Secretary may initiate an
investigation to determine if such a failure or misrepresentation has
occurred.
;
(2)in clause (i) of
subparagraph (C)—
(A)by striking
a condition of paragraph (1)(B), (1)(E), or (1)(F)
and inserting
a condition under subparagraph (B), (C)(i), (E), (F), (H), (I), or (J)
of paragraph (1)
; and
(B)by striking
(1)(C)
and inserting (1)(C)(ii)
;
(3)in subparagraph
(G)—
(A)in clause (i), by
striking if the Secretary
and all that follows and inserting
with regard to the employer's compliance with the requirements of this
subsection.
;
(B)in clause (ii),
by striking and whose identity
and all that follows through
failure or failures.
and inserting the Secretary of Labor
may conduct an investigation into the employer's compliance with the
requirements of this subsection.
;
(C)in clause (iii),
by striking the last sentence;
(D)by striking
clauses (iv) and (v);
(E)by redesignating
clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi),
respectively;
(F)in clause (iv),
as redesignated, by striking meet a condition described in clause (ii),
unless the Secretary of Labor receives the information not later than 12
months
and inserting comply with the requirements under this
subsection, unless the Secretary of Labor receives the information not later
than 24 months
;
(G)by amending
clause (v), as redesignated, to read as follows:
(v)The Secretary of Labor shall provide
notice to an employer of the intent to conduct an investigation. The notice
shall be provided in such a manner, and shall contain sufficient detail, to
permit the employer to respond to the allegations before an investigation is
commenced. The Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere with an effort by the
Secretary to investigate or secure compliance by the employer with the
requirements of this subsection. A determination by the Secretary under this
clause shall not be subject to judicial
review.
;
(H)in clause (vi),
as redesignated, by striking An investigation
and all that
follows through the determination.
and inserting If the
Secretary of Labor, after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the employer has
substantially failed to comply with the requirements under this subsection, the
Secretary shall provide interested parties with notice of such determination
and an opportunity for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of such
determination.
; and
(I)by adding at the
end the following:
(vii)If the Secretary of Labor, after a
hearing, finds a reasonable basis to believe that the employer has violated the
requirements under this subsection, the Secretary may impose a penalty under
subparagraph (C).
;
and
(4)by striking
subparagraph (H).
(c)Information
sharing between the Secretary of Homeland Security and the Secretary of
LaborParagraph (2) of section 212(n) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)), as amended by subsection (b), is further
amended by inserting after subparagraph (G) the following:
(H)The Director of United States
Citizenship and Immigration Services shall provide the Secretary of Labor with
any information contained in the materials submitted by H–1B employers as part
of the adjudication process that indicates that the employer is not complying
with H–1B visa program requirements. The Secretary may initiate and conduct an
investigation and hearing under this paragraph after receiving information of
noncompliance under this
subparagraph.
.
(d)Subparagraph
(A) of section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)), as amended by subsection (b), is further amended by adding at the
end The Secretary may conduct surveys of the degree to which employers
comply with the requirements under this subsection and may conduct annual
compliance audits of employers that employ H–1B nonimmigrants. The Secretary
shall conduct annual compliance audits of not less than 1 percent of the
employers that employ H–1B nonimmigrants during the applicable calendar
year.
(e)Subparagraph
(C) of section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)) is amended—
(1)in clause (i)(I),
by striking $1,000
and inserting $2,000
;
(2)in clause
(ii)(I), by striking $5,000
and inserting
$10,000
; and
(3)in clause
(vi)(III), by striking $1,000
and inserting
$2,000
.
(f)Information
provided to H–1B nonimmigrants upon visa issuanceSubsection (n)
of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is
amended by adding after paragraph (3) the following:
(4)(A)Upon issuing an H–1B
visa to an applicant outside the United States, the Secretary of State shall
provide the applicant with—
(i)a brochure outlining the employer’s
obligations and the employee’s rights under Federal law, including labor and
wage protections; and
(ii)the contact information for Federal
agencies that can offer more information or assistance in clarifying employer
obligations and workers' rights.
(B)Upon according H–1B nonimmigrant
status to an alien inside the United States, the officer of the Department of
Homeland Security shall provide the applicant with—
(i)a brochure outlining the employer’s
obligations and the employee’s rights under Federal law, including labor and
wage protections; and
(ii)the contact information for Federal
agencies that can offer more information or assistance in clarifying employer’s
obligations and workers’
rights.
.
(g)Investigations
and audits by the Secretary of Homeland Security
(1)Investigations
and auditsParagraph (2) of section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the
following:
(G)(i)The Secretary of
Homeland Security may initiate an investigation of any employer that employs
nonimmigrants described in section 101(a)(15)(L) with regard to the employer's
compliance with the requirements of this subsection.
(ii)If the Secretary of Homeland
Security receives specific credible information from a source who is likely to
have knowledge of an employer’s practices, employment conditions, or compliance
with the requirements under this subsection, the Secretary may conduct an
investigation into the employer’s compliance with the requirements of this
subsection. The Secretary may withhold the identity of the source from the
employer, and the source's identity shall not be subject to disclosure under
section 552 of title 5, United States Code.
(iii)The Secretary of Homeland Security
shall establish a procedure for any person desiring to provide to the Secretary
of Homeland Security information described in clause (ii) that may be used, in
whole or in part, as the basis for the commencement of an investigation
described in such clause, to provide the information in writing on a form
developed and provided by the Secretary of Homeland Security and completed by
or on behalf of the person.
(iv)No investigation described in clause
(ii) (or hearing described in clause (vi) based on such investigation) may be
conducted with respect to information about a failure to comply with the
requirements of this subsection, unless the Secretary of Homeland Security
receives the information not later than 24 months after the date of the alleged
failure.
(v)Before commencing an investigation of
an employer under clause (i) or (ii), the Secretary of Homeland Security shall
provide notice to the employer of the intent to conduct such investigation. The
notice shall be provided in such a manner, and shall contain sufficient detail,
to permit the employer to respond to the allegations before an investigation is
commenced. The Secretary is not required to comply with this clause if the
Secretary determines that to do so would interfere with an effort by the
Secretary to investigate or secure compliance by the employer with the
requirements of this subsection. There shall be no judicial review of a
determination by the Secretary under this clause.
(vi)If the Secretary of Homeland
Security, after an investigation under clause (i) or (ii), determines that a
reasonable basis exists to make a finding that the employer has substantially
failed to comply with the requirements of this subsection, the Secretary shall
provide interested parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5, United States Code,
not later than 120 days after the date of such determination. If such a hearing
is requested, the Secretary shall make a finding concerning the matter by not
later than 120 days after the date of the hearing.
(vii)If the Secretary of Homeland
Security, after a hearing, finds a reasonable basis to believe that the
employer has violated the requirements of this subsection, the Secretary may
impose a penalty under section
214(c)(2)(H).
(viii)The Secretary of Homeland Security
may conduct surveys of the degree to which employers comply with the
requirements under this section and may conduct annual compliance audits of
employers that employ L nonimmigrants. The Secretary shall conduct annual
compliance audits of not less than 1 percent of the employers that employ
nonimmigrants described in section 101(a)(15)(L) during the applicable calendar
year.
.
(2)Paragraph (8) of such section 214(c) is
amended—
(A)by striking
Attorney General
whenever the term appears and inserting
Secretary of Homeland Security
; and
(B)by inserting
(L),
after (H),
.
(h)Paragraph
(2) of section 214(c) of the Immigration and Nationality Act (8 U.S.C.
1184(c)), as amended by subsection (g), is further amended by adding at the end
the following:
(H)(i)If the Secretary of
Homeland Security finds, after notice and an opportunity for a hearing, a
failure by an employer to meet a condition under subparagraph (F), (G), (H),
(I), or (K) or a misrepresentation of material fact in a petition to employ 1
or more aliens as nonimmigrants described in section 101(a)(15)(L)—
(I)the Secretary of Homeland Security may
impose such other administrative remedies (including civil monetary penalties
in an amount not to exceed $2,000 per violation) as the Secretary determines to
be appropriate; and
(II)the Secretary of Homeland Security
may not, during a period of at least 1 year, approve a petition for that
employer to employ 1 or more aliens as such nonimmigrants.
(ii)If the Secretary of Homeland
Security finds, after notice and an opportunity for a hearing, a willful
failure by an employer to meet a condition under subparagraph (F), (G), (H),
(I), or (K) or a misrepresentation of material fact in a petition to employ 1
or more aliens as nonimmigrants described in section 101(a)(15)(L)—
(I)the Secretary of Homeland Security may
impose such other administrative remedies (including civil monetary penalties
in an amount not to exceed $10,000 per violation) as the Secretary determines
to be appropriate; and
(II)the Secretary of Homeland Security
may not, during a period of at least 2 years, approve a petition filed for that
employer to employ 1 or more aliens as such nonimmigrants.
(iii)If the Secretary of Homeland
Security finds, after notice and an opportunity for a hearing, a willful
failure by an employer to meet a condition under subparagraph (L)(i)—
(I)the Secretary of Homeland Security may
impose such other administrative remedies (including civil monetary penalties
in an amount not to exceed $10,000 per violation) as the Secretary determines
to be appropriate; and
(II)the employer shall be liable to
employees harmed for lost wages and
benefits.
.
8.Whistleblower
protectionsParagraph (2) of
section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)), as
amended by subsections (g) and (h) of section 7, is further amended by adding
at the end the following:
(I)(i)It is a violation of
this subparagraph for an employer who has filed a petition to import 1 or more
aliens as nonimmigrants described in section 101(a)(15)(L) to take, fail to
take, or threaten to take or fail to take, a personnel action, or to
intimidate, threaten, restrain, coerce, blacklist, discharge, or discriminate
in any other manner against an employee because the employee—
(I)has disclosed information that the
employee reasonably believes evidences a violation of this subsection, or any
rule or regulation pertaining to this subsection; or
(II)cooperates or seeks to cooperate with
the requirements of this subsection, or any rule or regulation pertaining to
this subsection.
(ii)An employer that violates this
subparagraph shall be liable to the employees harmed by such violation for lost
wages and benefits.
(iii)In this subparagraph, the term
employee includes—
(I)a current employee;
(II)a former employee; and
(III)an applicant for
employment.
.
9.Limitations on
approval of L–1 petitions for start-up companiesParagraph (2) of section 214(c) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)), as amended by subsections
(g) and (h) of section 7 and section 8(b), is further amended—
(1)by striking
Attorney General
each place that term appears and inserting
Secretary of Homeland Security
;
(2)in subparagraph
(E), by striking In the case
and inserting Except as
provided in subparagraph (H), in the case
; and
(3)by adding at the
end the following:
(J)(i)If the beneficiary of a
petition under this subsection is coming to the United States to be employed in
a new office, the petition may be approved for a period not to exceed 12 months
only if the alien has not been the beneficiary of 2 or more petitions under
this subparagraph within the immediately preceding 2 years and only if the
employer operating the new office has—
(I)an adequate business plan;
(II)sufficient physical premises to carry
out the proposed business activities; and
(III)the financial ability to commence
doing business immediately upon the approval of the petition.
(ii)An extension of the approval period
under clause (i) may not be granted until the importing employer submits to the
Secretary of Homeland Security—
(I)evidence that the importing employer
meets the requirements of this subsection;
(II)evidence that the beneficiary meets
the requirements of section 101(a)(15)(L);
(III)a statement summarizing the original
petition;
(IV)evidence that the importing employer
has substantially complied with the business plan submitted under clause
(i);
(V)evidence of the truthfulness of any
representations made in connection with the filing of the original petition if
requested by the Secretary;
(VI)evidence that the importing employer,
from the date of petition approval under clause (i), has been doing business at
the new office through regular, systematic, and continuous provision of goods
or services;
(VII)a statement of the duties the
beneficiary has performed at the new office during the approval period under
clause (i) and the duties the beneficiary will perform at the new office during
the extension period approved under this clause;
(VIII)a statement describing the staffing
at the new office, including the number of employees and the types of positions
held by such employees;
(IX)evidence of wages paid to employees
if the beneficiary will be employed in a managerial or executive
capacity;
(X)evidence of the financial status of
the new office; and
(XI)any other evidence or data prescribed
by the Secretary.
(iii)A new office employing the
beneficiary of an L–1 petition approved under this subparagraph must do
business through regular, systematic, and continuous provision of goods or
services for the entire period of petition approval.
(iv)Notwithstanding clause (iii) or
subclauses (I) through (VI) of clause (ii), and subject to the maximum period
of authorized admission set forth in subparagraph (D), the Secretary of
Homeland Security may, in the Secretary's discretion, approve a subsequently
filed petition on behalf of the beneficiary to continue employment at the
office described in this subsection for a period beyond the initially granted
12-month period if the importing employer has been doing business at the new
office through regular, systematic, and continuous provision of goods or
services for the 6 months immediately preceding the date of extension petition
filing and demonstrates that the failure to satisfy any of the requirements
described in those subclauses was directly caused by extraordinary
circumstances, as determined by the Secretary, in the Secretary's
discretion.
(K)(i)The Secretary of
Homeland Security may not authorize the spouse of an alien described under
section 101(a)(15)(L), who is a dependent of a beneficiary under subparagraph
(J), to engage in employment in the United States during the initial 12-month
period described in subparagraph (J)(i).
(ii)A spouse described in clause (i) may
be provided employment authorization upon the approval of an extension under
subparagraph (J)(ii).
(L)For purposes of determining the
eligibility of an alien for classification under section 101(a)(15)(L) of this
Act, the Secretary of Homeland Security shall establish procedures with the
Department of State to verify a company or office's existence in the United
States and
abroad.
.
10.Filing for
early adjustment
(a)
(1)Section 245 of the Immigration and Nationality Act (8
U.S.C. 1255) is amended by adding at the end the following:
(n)Adjustment of
status for employment-based immigrants
(1)The
Secretary of Homeland Security shall promulgate regulations to provide for the
filing of an application for adjustment of status by an alien (and any eligible
dependents of such alien), regardless of whether an immigrant visa is
immediately available at the time the application is filed, if the alien has an
approved petition under paragraph (1), (2), (3)(A)(i), or (3)(A)(ii) of section
203(b) and the priority date for processing of an immigrant visa under such
paragraph (1), (2), (3)(A)(i), or 3(A)(ii) as reflected on the Department of
State, Visa Bulletin for the month in which the application for adjustment of
status is filed, is not more than 24 months from the date of filing.
(2)An application filed pursuant to paragraph (1) may
not be approved until an immigrant visa becomes available, the alien is deemed
admissible, and all background checks have been completed and resolved to the
satisfaction of the Secretary of Homeland Security.
(3)If
an application is filed pursuant to paragraph (1), the beneficiary of such
application shall pay a supplemental fee of $500. Such fee may not be charged
to any dependent accompanying or following to join such beneficiary.
(4)Application fees under this subsection may be
adjusted in accordance with the 3-year period of validity assigned to the
employment authorization or advanced parole documents under subparagraph
(A).
.
(b)
(1)Section 286 of the Immigration and Nationality Act (8
U.S.C. 1356) is amended—
(A)in subsection
(m)—
(i)by
striking Notwithstanding any other provisions of law,
and
inserting the following:
(m)Immigration
examinations fee account
(1)Notwithstanding any other provision of law, all fees
collected under section 245(n)(3)
and
;
(ii)by
striking : Provided, however, That all
and
inserting the following:
(2)All
;
and
(iii)by striking
: Provided further, That fees
and inserting the
following:
(3)Fees.
;
(B)by redesignating
subsection (n) as paragraph (4), indenting such paragraph, as so redesignated,
2 ems from the left margin, and inserting the heading Use of funds.—
;
(C)in paragraph (4)
of subsection (m), as redesignated by subparagraph (B)—
(i)by
striking All deposits
and inserting the following:
(A)Except as provided under subparagraph (B), all
deposits
;
and
(ii)by
adding at the end the following:
(B)Supplemental
fee for adjustment of status of employment-based immigrantsAny
amounts deposited into the Immigration Examinations Fee Account, section
286(m), that were collected under section 245(n)(3) shall remain available
until expended by the Secretary of Homeland
Security.
;
(D)by redesignating
subsection (o) as paragraph (5), indenting such paragraph, as so redesignated,
2 ems from the left margin, and inserting the heading Annual financial report to
Congress.—
; and
(E)by redesignating
subsection (p) as paragraph (6), indenting such paragraph, as so redesignated,
2 ems from the left margin, and inserting the heading Applicability.—
;
(F)in paragraph (6)
of subsection (m), as redesignated by subparagraph (D) by striking
subsections (m), (n), and (o) of this section
and inserting
this subsection shall
;
(G)by redesignating
sections (q) through (v) as sections (n) through (s), respectively; and
(H)in subsection
(p), as redesignated by subparagraph (E)—
(i)in
paragraph (2), by striking 50 percent
and inserting 40
percent
;
(ii)in
paragraph (3)—
(I)in the heading,
by striking low-income
;
(II)by striking
30 percent
and inserting 40 percent
; and
(III)by striking
low-income
;
(iii)in subparagraph
(A) of paragraph (4), by striking 10 percent
and inserting
5 percent
;
(iv)in
paragraph (6), by striking the first sentence; and
(v)by
adding at the end the following:
(7)Use of fees for
gifted and talented students education5 percent of the amounts
deposited into the H–1B Nonimmigrant Petitioner Account shall remain available
to the Secretary of Education until expended to carry out programs and projects
authorized under the Jacob K. Javits Gifted and Talented Students Education Act
of 2001 (20 U.S.C. 7253 et
seq.).
.
(2)
(A)Immigration and
NationalityThe Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) is amended—
(i)in
section 214(c) (8 U.S.C. 1184(c))—
(I)in paragraphs
(9)(C) and (11)(C), by striking 286(s)
and inserting
286(p)
; and
(II)in paragraph
(12)(E), by striking 286(v)
and inserting
286(s)
;
(ii)in
section 245(i)(3) (8 U.S.C. 1255(i)(3))—
(I)in subparagraph
(A), by striking subsections (m), (n), and (o)
and inserting
subsection (m)
; and
(II)in subparagraph
(B), by striking 286(r)
and inserting 286(o)
;
and
(iii)in section
344(c) (8 U.S.C. 1455(c)), by striking 286(q)(2)
and inserting
286(n)(2)
.
(B)L–1 and H–1B
Visa Reform ActSection 424(c)(2) of the L–1 and H–1B Visa Reform
Act (8 U.S.C. 1381(2)) is amended by striking 286(v)(2)(D)
and
inserting 286(s)(2)(D)
.
(C)American
Competitiveness and Workforce Improvement Act of 1998Section 414
of the American Competitiveness and Workforce Improvement Act of 1998 is
amended—
(i)in
subsection (c)(1) (29 U.S.C. 2916a(1)), by striking 286(s)(2)
and inserting 286(p)(2)
; and
(ii)in
subsection (d)(4) (42 U.S.C. 1869c(4)), by striking 286(s)(3)
and inserting 286(p)(3)
.
11.Clarification
of immigration fee account provisionsSubparagraphs (B) and (C) of paragraph (2)
of subsection (s) of section 286 of the Immigration and Nationality Act (8
U.S.C. 1356), as redesignated by section 10(b)(1)(G), are amended to read as
follows:
(B)Secretary of
Homeland SecurityOne-third of the amounts deposited into the
Fraud Prevention and Detection Account shall remain available to the Secretary
of Homeland Security until expended for programs and activities to prevent and
detect immigration benefit fraud, including fraud with respect to petitions
under paragraph (1) or (2)(A) of section 214(c) to grant an alien nonimmigrant
status described in subparagraph (H)(i), (H)(ii), or (L) of section
101(a)(15).
(C)One third of the amounts deposited into the Fraud
Prevention and Detection Account shall remain available to the Secretary of
Labor until expended for enforcement programs and activities described in
section 212(n) and for enforcement programs and activities otherwise authorized
to be conducted by the Secretary of Labor that focus on industries likely to
employ
nonimmigrants.
.
12.National
Science Foundation scholarship programSection 414(d)(3) of the American
Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 1869c(3)) is
amended by striking $10,000
and inserting
$15,000
.
13.Extension of
E-Verify program
(a)Section 401(b) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C.
1324a note) is amended by striking at the end of the 11-year period
beginning on the first day the pilot program is in effect.
and
inserting not later than December 31, 2013.
.
(b)Designation of
E-Verify programTitle IV of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 110
Stat. 3009–546) is amended by striking basic pilot
each place
that term appears and inserting E-Verify
.
14.Clarification
of false claims of United States nationalitySection 212(a)(6)(C)(ii)(I) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is amended by
inserting or national
after citizen
.