[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2131 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2131
To amend the Immigration and Nationality Act to enhance American
competitiveness through the encouragement of high-skilled immigration,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2013
Mr. Issa (for himself, Mr. Goodlatte, Mr. Smith of Texas, Mr. Coble,
Mr. Rokita, Mr. Poe of Texas, Mr. Farenthold, Mr. Holding, Mr.
Sensenbrenner, Mr. Thompson of Pennsylvania, Mr. Campbell, Mr. Chabot,
Mr. Bachus, Mr. Hanna, Mr. Calvert, Mr. Franks of Arizona, and Mr.
Terry) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to enhance American
competitiveness through the encouragement of high-skilled immigration,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supplying Knowledge-based Immigrants
and Lifting Levels of STEM Visas Act'' or the ``SKILLS Visa Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--IMMIGRANT VISA REFORMS
Sec. 101. Immigrant visas for certain advanced STEM graduates.
Sec. 102. Immigrant visas for entrepreneurs.
Sec. 103. Additional employment-based immigrant visas.
Sec. 104. Employment creation immigrant visas.
Sec. 105. Family-sponsored immigrant visas.
Sec. 106. Elimination of diversity immigrant program.
Sec. 107. Numerical limitation to any single foreign state.
Sec. 108. Physicians.
Sec. 109. Permanent priority dates.
TITLE II--NONIMMIGRANT VISA REFORMS
Sec. 201. H-1B visas.
Sec. 202. L visas.
Sec. 203. O visas.
Sec. 204. Mexican and Canadian professionals.
Sec. 205. Students.
Sec. 206. Extension of employment eligibility while visa extension
petition pending.
Sec. 207. Fraud detection and prevention fee.
Sec. 208. Technical correction.
TITLE III--REFORMS AFFECTING BOTH IMMIGRANT AND NONIMMIGRANT VISAS
Subtitle A--STEM Education Funding
Sec. 301. Funding for STEM education and training.
Sec. 302. Promoting American Ingenuity Account.
Sec. 303. STEM education grant application process.
Sec. 304. Authorized activities.
Sec. 305. National evaluations.
Sec. 306. Rule of construction.
Subtitle B--Other Reforms
Sec. 311. Prevailing wages.
Sec. 312. Streamlining petitions for established employers.
TITLE I--IMMIGRANT VISA REFORMS
SEC. 101. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES.
(a) Worldwide Level of Immigration.--Section 201(d)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1151(d)(1)(A)) is amended by
striking ``140,000,'' and inserting ``140,000 in fiscal years through
2013 and 195,000 beginning in fiscal year 2014, reduced for any fiscal
year beginning in fiscal year 2014 by the number by which the number of
visas under section 201(e) would have been reduced in that year
pursuant to section 203(d) of the Nicaraguan Adjustment and Central
American Relief Act (8 U.S.C. 1151 note) if section 201(e) had not been
repealed by section 106 of the SKILLS Visa Act,''.
(b) Preference Allocation for Employment-Based Immigrants.--Section
203(b) of such Act (8 U.S.C. 1153(b)) is amended--
(1) by redesignating paragraph (6) as paragraph (9); and
(2) by inserting after paragraph (5) the following:
``(6) Aliens holding doctorate degrees from u.s. doctoral
institutions of higher education in science, technology,
engineering, or mathematics.--
``(A) In general.--Visas shall be made available,
in a number not to exceed 55,000, reduced for any
fiscal year by the number by which the number of visas
under section 201(e) would have been reduced in that
year pursuant to section 203(d) of the Nicaraguan
Adjustment and Central American Relief Act (8 U.S.C.
1151 note) if section 201(e) had not been repealed by
section 106 of the SKILLS Visa Act, plus any visas not
required for the classes specified in paragraph (1), to
qualified immigrants who--
``(i) hold a doctorate degree in a field of
science, technology, engineering, or
mathematics from a United States doctoral
institution of higher education, or have
successfully completed a dental, medical, or
veterinary residency program (within the
summary group of residency programs in the
Department of Education's Classification of
Instructional Programs taxonomy), have received
a medical degree (MD) in a program that
prepares individuals for the independent
professional practice of medicine (series 51.12
in the Department of Education's Classification
of Instructional Programs taxonomy), have
received a dentistry degree (DDS, DMD) in a
program that prepares individuals for the
independent professional practice of dentistry/
dental medicine (series 51.04 in the Department
of Education's Classification of Instructional
Programs taxonomy), have received a veterinary
degree (DVM) in a program that prepares
individuals for the independent professional
practice of veterinary medicine (series 51.24
in the Department of Education's Classification
of Instructional Programs taxonomy), or have
received an osteopathic medicine/osteopathy
degree (DO) in a program that prepares
individuals for the independent professional
practice of osteopathic medicine (series 51.19
in the Department of Education's Classification
of Instructional Programs taxonomy) from an
institution that is described in subclauses
(I), (III), and (IV) of subparagraph (B)(iii);
and
``(ii) have taken all courses required for
such degrees, including all courses taken by
correspondence (including courses offered by
telecommunications) or by distance education,
while physically present in the United States.
``(B) Definitions.--For purposes of this paragraph,
paragraph (7), and sections 101(a)(15)(F)(i)(I) and
212(a)(5)(A)(iii)(III):
``(i) The term `distance education' has the
meaning given such term in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003).
``(ii) The term `field of science,
technology, engineering, or mathematics' means
a field included in the Department of
Education's Classification of Instructional
Programs taxonomy within the summary groups of
computer and information sciences and support
services, engineering, biological and
biomedical sciences, mathematics and
statistics, physical sciences, and the series
geography and cartography (series 45.07),
advanced/graduate dentistry and oral sciences
(series 51.05) and nursing (series 51.16).
``(iii) The term `United States doctoral
institution of higher education' means an
institution that--
``(I) is described in section
101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)) or is a
proprietary institution of higher
education (as defined in section 102(b)
of such Act (20 U.S.C. 1002(b)));
``(II) was classified by the
Carnegie Foundation for the Advancement
of Teaching on January 1, 2013, as a
doctorate-granting university with a
very high or high level of research
activity or classified by the National
Science Foundation after the date of
enactment of this paragraph, pursuant
to an application by the institution,
as having equivalent research activity
to those institutions that had been
classified by the Carnegie Foundation
as being doctorate-granting
universities with a very high or high
level of research activity;
``(III) has been in existence for
at least 10 years; and
``(IV) is accredited by an
accrediting body that is itself
accredited either by the Department of
Education or by the Council for Higher
Education Accreditation.
``(C) Labor certification required.--
``(i) In general.--Subject to clause (ii),
the Secretary of Homeland Security may not
approve a petition filed for classification of
an alien under subparagraph (A) unless the
Secretary of Homeland Security is in receipt of
a determination made by the Secretary of Labor
pursuant to the provisions of section
212(a)(5)(A), except that the Secretary of
Homeland Security may, when the Secretary deems
it to be in the national interest, waive this
requirement.
``(ii) Requirement deemed satisfied.--The
requirement of clause (i) shall be deemed
satisfied with respect to an employer and an
alien in a case in which a certification made
under section 212(a)(5)(A)(i) has already been
obtained with respect to the alien by that
employer.
``(7) Aliens holding master's degrees from u.s. doctoral
institutions of higher education in science, technology,
engineering, or mathematics.--
``(A) In general.--Any visas not required for the
classes specified in paragraphs (1) and (6) shall be
made available to the classes of aliens who--
``(i) hold a master's degree in a field of
science, technology, engineering, or
mathematics from a United States doctoral
institution of higher education that was either
part of a master's program that required at
least 2 years of enrollment or part of a 5-year
combined baccalaureate-master's degree program
in such field;
``(ii) have taken all master's degree
courses in a field of science, technology,
engineering, or mathematics, including all
courses taken by correspondence (including
courses offered by telecommunications) or by
distance education, while physically present in
the United States; and
``(iii) hold a baccalaureate degree in a
field of science, technology, engineering, or
mathematics.
``(B) Labor certification required.--
``(i) In general.--Subject to clause (ii),
the Secretary of Homeland Security may not
approve a petition filed for classification of
an alien under subparagraph (A) unless the
Secretary of Homeland Security is in receipt of
a determination made by the Secretary of Labor
pursuant to the provisions of section
212(a)(5)(A), except that the Secretary of
Homeland Security may, when the Secretary deems
it to be in the national interest, waive this
requirement.
``(ii) Requirement deemed satisfied.--The
requirement of clause (i) shall be deemed
satisfied with respect to an employer and an
alien in a case in which a certification made
under section 212(a)(5)(A)(i) has already been
obtained with respect to the alien by that
employer.
``(C) Definitions.--The definitions in paragraph
(6)(B) shall apply for purposes of this paragraph.''.
(c) Aliens Who Are Members of the Professions Holding Advanced
Degrees or Aliens of Exceptional Ability.--Section 203(b)(2)(A) of such
Act (8 U.S.C. 1153(b)(2)(A)) is amended by striking ``paragraph (1),''
and inserting ``paragraphs (1), (6), and (7),''.
(d) Skilled Workers, Professionals, and Other Workers.--Section
203(b)(3)(A) of such Act (8 U.S.C. 1153(b)(3)(A)) is amended by
striking ``paragraphs (1) and (2),'' and inserting ``paragraphs (1),
(2), (6), and (7),''.
(e) Procedure for Granting Immigrant Status.--Section 204(a)(1)(F)
of such Act (8 U.S.C. 1154(a)(1)(F)) is amended--
(1) by striking ``(F)'' and inserting ``(F)(i)'';
(2) by striking ``or 203(b)(3)'' and inserting ``203(b)(3),
203(b)(6), or 203(b)(7)'';
(3) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(4) by adding at the end the following:
``(ii) The following processing standards shall apply with respect
to petitions under clause (i) relating to alien beneficiaries
qualifying under paragraph (6) or (7) of section 203(b):
``(I) The Secretary of Homeland Security shall adjudicate
such petitions not later than 60 days after the date on which
the petition is filed. In the event that additional information
or documentation is requested by the Secretary during such 60-
day period, the Secretary shall adjudicate the petition not
later than 30 days after the date on which such information or
documentation is received.
``(II) The petitioner shall be notified in writing within
30 days of the date of filing if the petition does not meet the
standards for approval. If the petition does not meet such
standards, the notice shall include the reasons therefore and
the Secretary shall provide an opportunity for the prompt
resubmission of a modified petition.''.
(f) Labor Certification and Qualification for Certain Immigrants.--
Section 212(a)(5) of such Act (8 U.S.C. 1182(a)(5)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii)--
(i) in subclause (I), by striking ``, or''
at the end and inserting a semicolon;
(ii) in subclause (II), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(III) holds a doctorate degree in
a field of science, technology,
engineering, or mathematics from a
United States doctoral institution of
higher education (as defined in section
203(b)(6)(B)(iii)).'';
(B) by redesignating clauses (ii) through (iv) as
clauses (iii) through (v), respectively;
(C) by inserting after clause (i) the following:
``(ii) Job order.--
``(I) In general.--An employer who
files an application under clause (i)
shall submit a job order for the labor
the alien seeks to perform to the State
workforce agency in the State in which
the alien seeks to perform the labor.
The State workforce agency shall post
the job order on its official agency
website for a minimum of 30 days and
not later than 3 days after receipt
using the employment statistics system
authorized under section 15 of the
Wagner-Peyser Act (29 U.S.C. 49 et
seq.).
``(II) Links.--The Secretary of
Labor shall include links to the
official websites of all State
workforce agencies on a single webpage
of the official website of the
Department of Labor.''; and
(D) by adding at the end the following:
``(vi) Processing standards for alien
beneficiaries qualifying under paragraphs (6)
and (7) of section 203(b).--The following
processing standards shall apply with respect
to applications under clause (i) relating to
alien beneficiaries qualifying under paragraph
(6) or (7) of section 203(b):
``(I) The Secretary of Labor shall
adjudicate such applications not later
than 180 days after the date on which
the application is filed. In the event
that additional information or
documentation is requested by the
Secretary during such 180-day period,
the Secretary shall adjudicate the
application not later than 60 days
after the date on which such
information or documentation is
received.
``(II) The applicant shall be
notified in writing within 60 days of
the date of filing if the application
does not meet the standards for
approval. If the application does not
meet such standards, the notice shall
include the reasons therefore and the
Secretary shall provide an opportunity
for the prompt resubmission of a
modified application.''; and
(2) in subparagraph (D), by striking ``(2) or (3)'' and
inserting ``(2), (3), (6), or (7)''.
(g) GAO Study.--Not later than June 30, 2019, the Comptroller
General of the United States shall provide to the Congress the results
of a study on the use by the National Science Foundation of the
classification authority provided under section 203(b)(6)(B)(iii)(II)
of the Immigration and Nationality Act (8 U.S.C.
1153(b)(6)(B)(iii)(II)), as added by this section.
(h) Public Information.--The Secretary of Homeland Security shall
make available to the public on the official website of the Department
of Homeland Security, and shall update not less than monthly, the
following information (which shall be organized according to month and
fiscal year) with respect to aliens granted status under paragraph (6)
or (7) of section 203(b) of the Immigration and Nationality Act (8
U.S.C. 1153(b)), as added by this section:
(1) The name, city, and State of each employer who
petitioned pursuant to either of such paragraphs on behalf of
one or more aliens who were granted status in the month and
fiscal year to date.
(2) The number of aliens granted status under either of
such paragraphs in the month and fiscal year to date based upon
a petition filed by such employer.
(3) The occupations for which such alien or aliens were
sought by such employer and the job titles listed by such
employer on the petition.
(i) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014, and shall apply with respect to fiscal years
beginning on or after such date. Nothing in the preceding sentence
shall be construed to prohibit the Secretary of Homeland Security from
accepting before such date petitions under section 204(a)(1)(F) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) relating to
alien beneficiaries qualifying under paragraph (6) or (7) of section
203(b) of such Act (8 U.S.C. 1153(b)) (as added by this section).
SEC. 102. IMMIGRANT VISAS FOR ENTREPRENEURS.
(a) Preference Allocation for Employment-Based Immigrants.--Section
203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is
amended by inserting after paragraph (7) (as added by section 101 of
this Act) the following:
``(8) Alien entrepreneurs.--
``(A) In general.--Visas shall be made available,
in a number not to exceed 10,000, plus any visas not
required for the classes specified in paragraphs (1),
(2), and (3), to the following classes of aliens:
``(i) Venture capital-backed start-up
entrepreneurs.--
``(I) An alien is described in this
clause if the alien intends to engage
in a new commercial enterprise
(including a limited partnership) in
the United States--
``(aa) with respect to
which the alien has completed
an investment agreement
requiring an investment in the
enterprise in an amount not
less than $500,000, subject to
subclause (III), on the part
of--
``(AA) a qualified
venture capital
operating company; or
``(BB) 1 or more
qualified angel
investors (of which at
least 1 such investor
is providing $100,000,
subject to subclause
(III), of the required
investment); and
``(bb) which will benefit
the United States economy and,
during the 2-year period
beginning on the date on which
the visa is issued under this
paragraph, will--
``(AA) create full-
time employment for at
least 5 United States
workers within the
enterprise; and
``(BB) raise not
less than an additional
$1,000,000 in capital
investment, subject to
subclause (III), or
generate not less than
$1,000,000 in revenue,
subject to subclause
(III).
``(II) Definitions.--For purposes
of this clause:
``(aa) Investment.--The
term `investment' does not
include any assets acquired,
directly or indirectly, by
unlawful means.
``(bb) Qualified angel
investor.--The term `qualified
angel investor' means an
individual who--
``(AA) is an
accredited investor (as
defined in section
230.501(a) of title 17,
Code of Federal
Regulations (as in
effect on April 1,
2010));
``(BB) is a United
States citizen or an
alien lawfully admitted
to the United States
for permanent
residence; and
``(CC) has made at
least 2 equity
investments of not less
than $50,000 in each of
the 3 years before the
date of a petition by
the qualified immigrant
for classification
under this paragraph.
``(cc) Qualified venture
capital operating company.--The
term `qualified venture capital
operating company' means an
entity that--
``(AA) is
classified as a
`venture capital
operating company'
under section 2510.3-
101(d) of title 29,
Code of Federal
Regulations (as in
effect on July 1,
2009);
``(BB) is based in
the United States;
``(CC) is owned and
controlled by United
States citizens or
aliens lawfully
admitted to the United
States for permanent
residence;
``(DD) has capital
commitments of not less
than $10,000,000;
``(EE) has been
operating for a period
of at least 2 years
before the date of the
petition for
classification under
this paragraph; and
``(FF) has made at
least 2 investments of
not less than $500,000
in each of the 2 years
before the date of the
petition for
classification under
this paragraph.
``(III) Inflation adjustment.--
Effective for the first fiscal year
that begins more than 6 months after
the date of the enactment of this
clause, and for each fiscal year
thereafter, the amounts described in
subclauses (I) and (II) shall be
increased by the percentage (if any) by
which the Consumer Price Index for the
month of June preceding the date on
which such increase takes effect
exceeds the Consumer Price Index for
the same month of the preceding
calendar year. An increase described in
the preceding sentence shall apply to
aliens filing petitions under section
204(a)(1)(H) on or after the date on
which the increase takes effect. For
purposes of this clause, the term
`Consumer Price Index' means the
Consumer Price Index for all urban
consumers published by the Department
of Labor.
``(ii) Treaty investors.--Immigrants who
have been issued a visa or otherwise provided
nonimmigrant status under section
101(a)(15)(E)(ii) (not including alien
employees of the treaty investor) who have
maintained that status for a minimum of 10
years and have benefitted the United States
economy and created full-time employment for
not fewer than 5 United States workers for a
minimum of 10 years.
``(B) Definitions.--For purposes of this paragraph:
``(i) The term `full-time employment' has
the meaning given such term in paragraph (5).
``(ii) The term `United States worker'
means an employee (other than the immigrant or
the immigrant's spouse, sons, or daughters)
who--
``(I) is a citizen or national of
the United States; or
``(II) is an alien who is lawfully
admitted for permanent residence, is
admitted as a refugee under section
207, is granted asylum under section
208, or is an immigrant otherwise
authorized to be employed in the United
States.''.
(b) Procedures for Granting Immigrant Status.--Section 204(a)(1)(H)
of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) is
amended--
(1) by striking ``section 203(b)(5)'' and inserting
``paragraph (5) or (8) of section 203(b)''; and
(2) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''.
(c) Conditional Permanent Resident Status.--
(1) In general.--
(A) Conforming amendments.--Section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b) is
amended--
(i) in the section heading, by striking
``entrepreneurs,'' and inserting
``investors,''.
(ii) by striking ``Attorney General'' each
place such term appears and inserting
``Secretary of Homeland Security'';
(iii) by striking ``entrepreneur'' each
place such term appears and inserting
``investor''; and
(iv) In subsection (c)(3)(A), by striking
``the such filing'' and inserting ``such
filing''.
(B) Table of contents.--The item relating to
section 216A in the table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
is amended to read as follows:
``Sec. 216A. Conditional permanent resident status for certain alien
investors, spouses, and children.''.
(2) Conditional permanent resident status for certain alien
entrepreneurs, spouses, and children.--
(A) In general.--Chapter 2 of title II of the
Immigration and Nationality Act (8 U.S.C. 1181 et seq.)
is amended by inserting after section 216A the
following:
``SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN
ENTREPRENEURS, SPOUSES, AND CHILDREN.
``(a) In General.--
``(1) Conditional basis for status.--Notwithstanding any
other provision of this Act, an alien entrepreneur (as defined
in subsection (f)(1) of this section), alien spouse, and alien
child (as defined in subsection (f)(2) of this section) shall
be considered, at the time of obtaining the status of an alien
lawfully admitted for permanent residence, to have obtained
such status on a conditional basis subject to the provisions of
this section.
``(2) Notice of requirements.--
``(A) At time of obtaining permanent residence.--At
the time an alien entrepreneur, alien spouse, or alien
child obtains permanent resident status on a
conditional basis under paragraph (1), the Secretary of
Homeland Security shall provide for notice to such an
entrepreneur, spouse, or child respecting the
provisions of this section and the requirements of
subsection (c)(1) of this section to have the
conditional basis of such status removed.
``(B) At time of required petition.--In addition,
the Secretary of Homeland Security shall attempt to
provide notice to such an entrepreneur, spouse, or
child, at or about the beginning of the 90-day period
described in subsection (d)(2)(A) of this section, of
the requirements of subsection (c)(1) of this section.
``(C) Effect of failure to provide notice.--The
failure of the Secretary of Homeland Security to
provide a notice under this paragraph shall not affect
the enforcement of the provisions of this section with
respect to such an entrepreneur, spouse, or child.
``(b) Termination of Status if Finding That Qualifying
Entrepreneurship Improper.--
``(1) In general.--In the case of an alien entrepreneur
with permanent resident status on a conditional basis under
subsection (a) of this section, if the Secretary of Homeland
Security determines, before the second anniversary of the
alien's obtaining the status of lawful admission for permanent
residence, that--
``(A) the required investment in the commercial
enterprise under section 203(b)(8)(A)(i)(I) was
intended solely as a means of evading the immigration
laws of the United States;
``(B)(i) any requisite capital to be invested under
section 203(b)(8)(A)(i)(I) had not been invested, or
was not actively in the process of being invested; 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
``(C) the alien was otherwise not conforming to the
requirements of section 203(b)(8)(A)(i);
then the Secretary of Homeland Security shall so notify the
alien involved and, subject to paragraph (2), shall terminate
the permanent resident status of the alien (and the alien
spouse and alien child) involved as of the date of the
determination.
``(2) Hearing in removal proceeding.--Any alien whose
permanent resident status is terminated under paragraph (1) may
request a review of such determination in a proceeding to
remove the alien. In such proceeding, the burden of proof shall
be on the Secretary of Homeland Security to establish, by a
preponderance of the evidence, that a condition described in
paragraph (1) is met.
``(c) Requirements of Timely Petition and Interview for Removal of
Condition.--
``(1) In general.--In order for the conditional basis
established under subsection (a) of this section for an alien
entrepreneur, alien spouse, or alien child to be removed--
``(A) the alien entrepreneur must submit to the
Secretary of Homeland Security, during the period
described in subsection (d)(2), a petition which
requests the removal of such conditional basis and
which states, under penalty of perjury, the facts and
information described in subsection (d)(1); and
``(B) in accordance with subsection (d)(3), the
alien entrepreneur must appear for a personal interview
before an officer or employee of the Department of
Homeland Security respecting the facts and information
described in subsection (d)(1).
``(2) Termination of permanent resident status for failure
to file petition or have personal interview.--
``(A) In general.--In the case of an alien with
permanent resident status on a conditional basis under
subsection (a) of this section, if--
``(i) no petition is filed with respect to
the alien in accordance with the provisions of
paragraph (1)(A); or
``(ii) unless there is good cause shown,
the alien entrepreneur fails to appear at the
interview described in paragraph (1)(B) (if
required under subsection (d)(3) of this
section), the Secretary of Homeland Security
shall terminate the permanent resident status
of the alien (and the alien's spouse and
children if it was obtained on a conditional
basis under this section or section 216A) as of
the second anniversary of the alien's lawful
admission for permanent residence.
``(B) Hearing in removal proceeding.--In any
removal proceeding with respect to an alien whose
permanent resident status is terminated under
subparagraph (A), the burden of proof shall be on the
alien to establish compliance with the conditions of
subparagraphs (A) and (B) of paragraph (1).
``(3) Determination after petition and interview.--
``(A) In general.--If--
``(i) a petition is filed in accordance
with the provisions of paragraph (1)(A); and
``(ii) the alien entrepreneur appears at
any interview described in paragraph (1)(B);
the Secretary of Homeland Security shall make a
determination, within 90 days of the date of such
filing or interview (whichever is later), as to whether
the facts and information described in subsection
(d)(1) and alleged in the petition are true with
respect to the qualifying commercial enterprise.
``(B) Removal or extension of conditional basis.--
``(i) In general.--Except as provided in
clause (ii), if the Secretary of Homeland
Security determines that such facts and
information are true, including demonstrating
that the alien complied with subsection
(d)(1)(B)(i), the Secretary shall so notify the
alien involved and shall remove the conditional
basis of the alien's status effective as of the
second anniversary of the alien's lawful
admission for permanent residence.
``(ii) Exception.--If the petition
demonstrates that the facts and information are
true, including demonstrating that the alien is
in compliance with section (d)(1)(B)(ii), then
the Secretary of Homeland Security may, in the
Secretary's discretion, extend the conditional
status for an additional year at the end of
which--
``(I) the alien must file a
petition within 30 days after the third
anniversary of the alien's lawful
admission for permanent residence
demonstrating that the alien complied
with subsection (d)(1)(B)(i) and the
Secretary shall remove the conditional
basis of the alien's status effective
as of such third anniversary; or
``(II) the conditional status shall
terminate.
``(C) Determination if adverse determination.--If
the Secretary of Homeland Security determines that such
facts and information are not true, the Secretary shall
so notify the alien involved and, subject to
subparagraph (D), shall terminate the permanent
resident status of an alien entrepreneur, alien spouse,
or alien child as of the date of the determination.
``(D) Hearing in removal proceeding.--Any alien
whose permanent resident status is terminated under
subparagraph (C) may request a review of such
determination in a proceeding to remove the alien. In
such proceeding, the burden of proof shall be on the
Secretary of Homeland Security to establish, by a
preponderance of the evidence, that the facts and
information described in subsection (d)(1) of this
section and alleged in the petition are not true with
respect to the qualifying commercial enterprise.
``(d) Details of Petition and Interview.--
``(1) Contents of petition.--Each petition under subsection
(c)(1)(A) shall contain facts and information demonstrating
that--
``(A)(i) any requisite capital to be invested under
section 203(b)(8)(A)(i)(I) had been invested, or was
actively in the process of being invested; and
``(ii) the alien sustained the actions described in
clause (i) throughout the period of the alien's
residence in the United States;
``(B)(i) the alien created the employment required
under section 203(b)(8)(A)(i)(I)(bb)(AA); or
``(ii) the alien is actively in the process of
creating the employment required under section
203(b)(8)(A)(i)(I)(bb)(AA) and will create such
employment before the third anniversary of the alien's
lawful admission for permanent residence; and
``(C) the alien is otherwise conforming to the
requirements of section 203(b)(8)(A)(i).
``(2) Period for filing petition.--
``(A) 90-day period before second anniversary.--
Except as provided in subparagraph (B), the petition
under subsection (c)(1)(A) of this section must be
filed during the 90-day period before the second
anniversary of the alien's lawful admission for
permanent residence.
``(B) Date petitions for good cause.--Such a
petition may be considered if filed after such date,
but only if the alien establishes to the satisfaction
of the Secretary of Homeland Security good cause and
extenuating circumstances for failure to file the
petition during the period described in subparagraph
(A).
``(C) Filing of petitions during removal.--In the
case of an alien who is the subject of removal hearings
as a result of failure to file a petition on a timely
basis in accordance with subparagraph (A), the
Secretary of Homeland Security may stay such removal
proceedings against an alien pending the filing of the
petition under subparagraph (B).
``(3) Personal interview.--The interview under subsection
(c)(1)(B) shall be conducted within 90 days after the date of
submitting a petition under subsection (c)(1)(A) and at a local
office of the Department of Homeland Security, designated by
the Secretary of Homeland Security, which is convenient to the
parties involved. The Secretary, in the Secretary's discretion,
may waive the deadline for such an interview or the requirement
for such an interview in such cases as may be appropriate.
``(e) Treatment of Period for Purposes of Naturalization.--For
purposes of title III, in the case of an alien who is in the United
States as a lawful permanent resident on a conditional basis under this
section, the alien shall be considered to have been admitted as an
alien lawfully admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for permanent
residence.
``(f) Definitions.--In this section:
``(1) The term `alien entrepreneur' means an alien who
obtains the status of an alien lawfully admitted for permanent
residence (whether on a conditional basis or otherwise) under
section 203(b)(8)(A)(i)(I) of this title.
``(2) The term `alien spouse' and the term `alien child'
mean an alien who obtains the status of an alien lawfully
admitted for permanent residence (whether on a conditional
basis or otherwise) by virtue of being the spouse or child,
respectively, of an alien entrepreneur.
``(3) The term `commercial enterprise' includes a limited
partnership.''.
(B) Clerical amendment.--The table of contents for
such Act is amended by inserting after the item
relating to section 216A the following:
``Sec. 216B. Conditional permanent resident status for certain alien
entrepreneurs, spouses, and children.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2013, and shall apply with respect to fiscal years
beginning on or after such date.
SEC. 103. ADDITIONAL EMPLOYMENT-BASED IMMIGRANT VISAS.
(a) Worldwide Level of Employment-Based Immigrants.--Section
201(d)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1151(d)(1)(A)), as amended by section 101, is further amended by
striking ``195,000'' and inserting ``235,000''.
(b) Priority Workers.--Section 203(b)(1) of such Act (8 U.S.C.
1153(b)(1)) is amended by striking ``28.6 percent of such worldwide
level,'' and inserting ``40,040,''.
(c) Aliens Who Are Members of the Professions Holding Advanced
Degrees or Aliens of Exceptional Ability.--Section 203(b)(2) of such
Act (8 U.S.C. 1153(b)(2)) is amended by striking ``28.6 percent of such
worldwide level,'' and inserting ``55,040,''.
(d) Skilled Workers, Professionals, and Other Workers.--Section
203(b)(3) of such Act (8 U.S.C. 1153(b)(3)) is amended by striking
``28.6 percent of such worldwide level,'' and inserting ``55,040,''.
(e) Certain Special Immigrants.--Section 203(b)(4) of such Act (8
U.S.C. 1153(b)(3)) is amended by striking ``7.1 percent of such
worldwide level,'' and inserting ``9,940,''.
(f) Employment Creation.--Section 203(b)(5) of such Act (8 U.S.C.
1153(b)(4)) is amended by striking ``7.1 percent of such worldwide
level,'' and inserting ``9,940,''.
(g) Effective Date.--The amendments made by this section shall take
effect on October 1, 2013, and shall apply with respect to fiscal years
beginning on or after such date.
SEC. 104. EMPLOYMENT CREATION IMMIGRANT VISAS.
(a) Changes to the General Program.--
(1) Capital.--Section 203(b)(5)(C) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(5)(C)) is amended by adding
at the end the following:
``(iv) Capital defined.--For purposes of
this paragraph, the term `capital' does not
include any assets acquired, directly or
indirectly, by unlawful means.''.
(2) Inflation adjustment.--Such section, as amended by
paragraph (1), is further amended by adding at the end the
following:
``(v) Inflation adjustment.--
``(I) Initial adjustment.--As of
the date of enactment of the SKILLS
Visa Act, the amount specified in the
first sentence of clause (i) shall be
increased by the percentage (if any) by
which the Consumer Price Index for the
month preceding such enactment date
exceeds the Consumer Price Index for
the same month of calendar year 1990.
The increase described in the preceding
sentence shall apply to aliens filing
petitions under section 204(a)(1)(H) on
or after such enactment date.
``(II) Subsequent adjustments.--
Effective for the first fiscal year
that begins more than 6 months after
the date of the enactment of this
clause, and for each fiscal year
thereafter, the amount described in
subclause (I) (as of the last increase
to such amount) shall be increased by
the percentage (if any) by which the
Consumer Price Index for the month of
June preceding the date on which such
increase takes effect exceeds the
Consumer Price Index for the same month
of the preceding calendar year. An
increase described in the preceding
sentence shall apply to aliens filing
petitions under section 204(a)(1)(H) on
or after the date on which the increase
takes effect.
``(III) Definition.--For purposes
of this clause, the term `Consumer
Price Index' means the Consumer Price
Index for all urban consumers published
by the Department of Labor.''.
(3) Flexibility for job creation time period.--
(A) Removal of conditional basis if favorable
determination.--Section 216A(c)(3)(B) of the
Immigration and Nationality Act (8 U.S.C.
1186b(c)(3)(B)), is amended to read as follows:
``(B) Removal or extension of conditional basis.--
``(i) In general.--Except as provided under
clause (ii), if the Secretary of Homeland
Security determines that such facts and
information are true, including demonstrating
that the alien complied with section
(d)(1)(B)(i), the Secretary shall so notify the
alien involved and shall remove the conditional
basis of the alien's status effective as of the
second anniversary of the alien's lawful
admission for permanent residence.
``(ii) Exception.--If the petition
demonstrates that the facts and information are
true, including demonstrating that the alien is
in compliance with section (d)(1)(B)(ii), then
the Secretary of Homeland Security may in the
Secretary's discretion extend the conditional
status for an additional year at the end of
which--
``(I) the alien must file a
petition within 30 days after the third
anniversary of the alien's lawful
admission for permanent residence
demonstrating that the alien complied
with section (d)(1)(B)(i) and the
Secretary shall remove the conditional
basis of the alien's status effective
as of such third anniversary; or
``(II) the conditional status shall
terminate.''.
(B) Contents of petition.--Section 216A(d)(1) of
such Act (8 U.S.C. 1186b(d)(1)) is amended--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph ``(B)''
as subparagraph ``(C)''; and
(iii) by inserting after subparagraph (A)
the following:
``(B)(i) created the employment required under
section 203(b)(5)(A)(ii); or
``(ii) is actively in the process of creating the
employment required under section 203(b)(5)(A)(ii) and
will create such employment before the third
anniversary of the alien's lawful admission for
permanent residence; and''.
(4) Targeted employment areas.--
(A) Targeted employment area defined.--Section
203(b)(5)(B)(ii) of the Immigration and Nationality Act
(8 U.S.C. 1153(b)(5)(B)(ii)) is amended by striking
``(of at least 150 percent of the national average
rate)''.
(B) Set-aside for targeted employment area.--
Section 203(b)(5)(B) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(5)(B)) is amended by adding at
the end the following:
``(iv) Definition.--In this paragraph, the
term `an area which has experienced high
unemployment' means an area which has an
unemployment rate of at least 150 of the
national average rate. Such an area must fit
entirely within a geographical unit that the
Secretary of Labor has determined has an
unemployment rate of at least 150 percent of
the national average rate (and which
determination has not been superseded by a
later determination in which the Secretary of
Labor has found that the unit did not have an
unemployment rate of at least 150 percent of
the national average rate). The Secretary of
Labor shall set forth a uniform methodology for
determining whether an area an area qualifies
as having experienced unemployment of at least
150 percent of the national average rate. It
shall be within the discretion of the Secretary
of Homeland Security to determine whether any
particular area has experienced high
unemployment for purposes of this paragraph,
and the Secretary shall not be bound by the
determination of any other governmental or
nongovernmental entity that a particular area
has experienced high unemployment for purposes
of this paragraph.''.
(b) Regional Centers.--
(1) Permanent reauthorization of the regional center pilot
program.--Section 610 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 1993 (8 U.S.C. 1153 note) is amended--
(A) by striking ``pilot'' each place such term
appears; and
(B) in subsection (b), by striking ``until
September 30, 2015''.
(2) Persons barred from involvement in regional centers.--
(A) Prohibition.--Such section 610 is amended by
adding at the end the following:
``(e)(1) No person who--
``(A) has been convicted of an aggravated felony (as
defined in section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)));
``(B) would be inadmissible under section 212(a)(3) of such
Act (8 U.S.C. 1182(a)(3)) if they were an alien seeking
admission; or
``(C) has been convicted of violating, or found to have
violated, a fraud provision of the Federal securities laws (as
such term is defined under section 3 of the Securities Exchange
Act of 1934 (15 U.S.C. 78c)),
shall be permitted by any regional center to be involved with
the regional center as its principal, representative,
administrator, owner, officer, board member, manager,
executive, general partner, fiduciary, marketer, promoter, or
in other similar position of substantive authority for the
operations, management, or promotion of the regional center.
``(2) The Secretary of Homeland Security shall require such
attestations and information (including biometric information), and
shall perform such criminal record checks and other background checks
with respect to a regional center, and persons involved in a regional
center as described in paragraph (1), as the Secretary, in the
Secretary's discretion, considers appropriate to determine whether the
regional center is in compliance with paragraph (1).
``(3) The Secretary is authorized, in the Secretary's unreviewable
discretion, to terminate any regional center from the program under
this section if the Secretary determines that--
``(A) the regional center is in violation of paragraph (1);
``(B) the regional center, or any person involved with the
regional center as described in paragraph (1), has provided any
false attestation or information under paragraph (2); or
``(C) the regional center, or any person involved with the
regional center as described in paragraph (1), fails to provide
an attestation or information requested by the Secretary under
paragraph (2).
``(4) For the purpose of this subsection, the term
`regional center' shall, in addition to the regional center
itself, include any commercial enterprise or job creating
enterprise in which a regional center has invested.''.
(B) Compliance with securities laws.--Such section
610, as amended by subparagraph (A), is further amended
by adding at the end the following:
``(f)(1) The Secretary of Homeland Security shall not approve an
application for regional center designation or regional center
amendment that does not certify that the regional center and all
parties to the regional center are in and will maintain compliance with
Federal securities laws (as such term is defined under section 3 of the
Securities Exchange Act of 1934 (15 U.S.C. 78c)).
``(2) The Secretary of Homeland Security shall immediately
terminate the designation of any regional center that does not provide
the certification described in paragraph (1) on an annual basis.
``(3) In addition to any other authority provided to the Secretary
of Homeland Security regarding the program described in this section,
the Secretary may suspend or terminate the designation of any regional
center if the Secretary determines that the regional center, or any
party to the regional center:
``(A) is permanently or temporarily enjoined by order,
judgment, or decree of any court of competent jurisdiction in
connection with the purchase or sale of a security;
``(B) is subject to any order of the Securities and
Exchange Commission that bars such person from association with
an entity regulated by the Securities and Exchange Commission,
or constitutes a final order based on violations in connection
with the purchase or sale of a security;
``(C) has been convicted of violating, or found to have
violated, a fraud provision of the Federal securities laws (as
such term is defined under section 3 of the Securities Exchange
Act of 1934 (15 U.S.C. 78c)); or
``(D) knowingly submitted or caused to be submitted a
certification described in paragraphs (1) or (2) of this
subsection that contained an untrue statement of material fact,
or omitted to state a material fact necessary, in order to make
the statements made, in light of the circumstances under which
they were made, not misleading.
``(4) Nothing in this subsection shall be construed to impair or
limit the authority of the Securities and Exchange Commission under the
Federal securities laws.
``(5) For the purpose of this subsection, the term `party to the
regional center' shall include, in addition to the regional center
itself, its agents, servants, employees, attorneys, or any persons in
active concert or participation with the regional center.''.
(c) Effective Dates.--
(1) In general.--Except for the amendments made by
paragraphs (1) and (2) of subsection (a), the amendments made
by subsections (a) and (b) shall take effect on the date of the
enactment of this Act and shall apply--
(A) to aliens filing petitions under section
204(a)(1)(H) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(H)) on or after such date;
(B) to a regional center (and any person involved
with or a party to a regional center) designated
before, on, or after such date; and
(C) to any application to designate a regional
center, and any person involved with or a party to the
regional center, that is pending on such date.
(2) Definition of ``capital''.--The amendment made by
subsection (a)(1) shall take effect on the date of the
enactment of this Act.
(3) Inflation adjustment.--The amendment made by subsection
(a)(2) shall take effect as provided in section 203(b)(5)(C)(v)
of the Immigration and Nationality Act, as added by subsection
(a)(2) of this section.
SEC. 105. FAMILY-SPONSORED IMMIGRANT VISAS.
(a) Worldwide Level of Family-Sponsored Immigrants.--Section
201(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(1))
is amended--
(1) in subparagraph (A)(i), by striking ``480,000,'' and
inserting ``480,000 in fiscal years through 2013 and 440,000
beginning in fiscal year 2014,''; and
(2) in subparagraph (B)(ii), by striking ``226,000.'' and
inserting ``226,000 in fiscal years through 2013 and 186,000
beginning in fiscal year 2014.''.
(b) Preference Allocation for Family-Sponsored Immigrants.--Section
203(a)(2) of such Act (8 U.S.C. 1153(a)(2)) is amended--
(1) by striking ``114,200,'' and inserting ``139,200,'';
(2) by striking ``226,000,'' and inserting ``226,000 in
fiscal years through 2013 and 186,000 beginning in fiscal year
2014,''; and
(3) by striking ``77'' and inserting ``81.13''.
(c) Brothers and Sisters of Citizens.--Section 203(a) of such Act
(8 U.S.C. 1151(a)) is amended by striking paragraph (4).
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014, and shall apply with respect to fiscal years
beginning on or after such date.
SEC. 106. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.
(a) Worldwide Level of Diversity Immigrants.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph
(1);
(B) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3); and
(2) by striking subsection (e).
(b) Allocation of Diversity Immigrant Visas.--Section 203 of such
Act (8 U.S.C. 1153) is amended--
(1) by striking subsection (c);
(2) in subsection (d), by striking ``(a), (b), or (c),''
and inserting ``(a) or (b),'';
(3) in subsection (e), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(4) in subsection (f), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''; and
(5) in subsection (g), by striking ``(a), (b), and (c)''
and inserting ``(a) and (b)''.
(c) Procedure for Granting Immigrant Status.--Section 204 of such
Act (8 U.S.C. 1154) is amended--
(1) by striking subsection (a)(1)(I); and
(2) in subsection (e), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2013, and shall apply with respect to fiscal years
beginning on or after such date.
SEC. 107. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section 203(a)'';
(2) by striking subsection (a)(5); and
(3) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is determined
that the total number of immigrant visas made available under section
203(a) to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) in any
fiscal year, in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable and
otherwise consistent with this section and section 203) in a manner so
that, except as provided in subsection (a)(4), the proportion of the
visa numbers made available under each of paragraphs (1) through (4) of
section 203(a) is equal to the ratio of the total number of visas made
available under the respective paragraph to the total number of visas
made available under section 203(a).''.
(c) Country-Specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2013.
SEC. 108. PHYSICIANS.
(a) Permanent Authorization of the Conrad State 30 Program.--
Section 220(c) of the Immigration and Nationality Technical Corrections
Act of 1994 (Public Law 103-416; 8 U.S.C. 1182 note) is amended by
striking ``and before September 30, 2015''.
(b) Allotment of Conrad 30 Waivers.--
(1) In general.--Section 214(l) of the Immigration and
Nationality Act (8 U.S.C. 1184(l)) is amended by adding at the
end the following:
``(4)(A)(i) All States shall be allotted a total of 35 waivers
under paragraph (1)(B) for a fiscal year if 90 percent of the waivers
available to the States receiving at least 5 waivers were used in the
previous fiscal year.
``(ii) When an allocation has occurred under clause (i), all States
shall be allotted an additional 5 waivers under paragraph (1)(B) for
each subsequent fiscal year if 90 percent of the waivers available to
the States receiving at least 5 waivers were used in the previous
fiscal year. If the States are allotted 45 or more waivers for a fiscal
year, the States will only receive an additional increase of 5 waivers
the following fiscal year if 95 percent of the waivers available to the
States receiving at least 1 waiver were used in the previous fiscal
year.
``(B) Any increase in allotments under subparagraph (A) shall be
maintained indefinitely, unless in a fiscal year, the total number of
such waivers granted is 5 percent lower than in the last year in which
there was an increase in the number of waivers allotted pursuant to
this paragraph, in which case--
``(i) the number of waivers allotted shall be decreased by
5 for all States beginning in the next fiscal year; and
``(ii) each additional 5 percent decrease in such waivers
granted from the last year in which there was an increase in
the allotment, shall result in an additional decrease of 5
waivers allotted for all States, provided that the number of
waivers allotted for all States shall not drop below 30.''.
(2) Academic medical centers.--Section 214(l)(1)(D) of the
Immigration and Nationality Act (8 U.S.C. 1184(l)(1)(D)) is
amended--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) in the case of a request by an interested
State agency--
``(I) the head of such agency determines
that the alien is to practice medicine in, or
be on the faculty of a residency program at, an
academic medical center (as that term is
defined in section 411.355(e)(2) of title 42,
Code of Federal Regulations, or similar
successor regulation), without regard to
whether such facility is located within an area
designated by the Secretary of Health and Human
Services as having a shortage of health care
professionals; and
``(II) the head of such agency determines
that--
``(aa) the alien physician's work
is in the public interest; and
``(bb) the grant of such waiver
would not cause the number of the
waivers granted on behalf of aliens for
such State for a fiscal year (within
the limitation in subparagraph (B) and
subject to paragraph (4)) in accordance
with the conditions of this clause to
exceed 3.''.
(c) Employment Protections for Physicians.--
(1) In general.--Section 214(l)(1)(C) of the Immigration
and Nationality Act (8 U.S.C. 1184(l)(1)(C)) is amended by
striking clauses (i) and (ii) and inserting the following:
``(i) the alien demonstrates a bona fide offer of
full-time employment, at a health care organization,
which employment has been determined by the Secretary
of Homeland Security to be in the public interest; and
``(ii) the alien agrees to begin employment with
the health facility or health care organization in a
geographic area or areas which are designated by the
Secretary of Health and Human Services as having a
shortage of health care professionals by the later of
the date that is 90 days after receiving such waiver,
90 days after completing graduate medical education or
training under a program approved pursuant to section
212(j)(1), or 90 days after receiving nonimmigrant
status or employment authorization, and agrees to
continue to work for a total of not less than 3 years
in any status authorized for such employment under this
subsection unless--
``(I) the Secretary determines that
extenuating circumstances exist that justify a
lesser period of employment at such facility or
organization, in which case the alien shall
demonstrate another bona fide offer of
employment at a health facility or health care
organization, for the remainder of such 3-year
period;
``(II) the interested State agency that
requested the waiver attests that extenuating
circumstances exist that justify a lesser
period of employment at such facility or
organization in which case the alien shall
demonstrate another bona fide offer of
employment at a health facility or health care
organization so designated by the Secretary of
Health and Human Services, for the remainder of
such 3-year period; or
``(III) if the alien elects not to pursue a
determination of extenuating circumstances
pursuant to subclause (I) or (II), the alien
terminates the alien's employment relationship
with such facility or organization, in which
case the alien shall be employed for the
remainder of such 3-year period, and 1
additional year for each determination, at
another health facility or health care
organization in a geographic area or areas
which are designated by the Secretary of Health
and Human Services as having a shortage of
health care professionals; and''.
(2) Contract requirements.--Section 214(l) of the
Immigration and Nationality Act (8 U.S.C. 1184(l)), as amended
by subsection (b)(1), is further amended by adding at the end
the following:
``(5) An alien granted a waiver under paragraph (1)(C) shall enter
into an employment agreement with the contracting health facility or
health care organization that--
``(A) specifies the maximum number of on-call hours per
week (which may be a monthly average) that the alien will be
expected to be available and the compensation the alien will
receive for on-call time;
``(B) specifies whether the contracting facility or
organization will pay for the alien's malpractice insurance
premiums, including whether the employer will provide
malpractice insurance and, if so, the amount of such insurance
that will be provided;
``(C) describes all of the work locations that the alien
will work and a statement that the contracting facility or
organization will not add additional work locations without the
approval of the Federal agency or State agency that requested
the waiver; and
``(D) does not include a non-compete provision.
``(6) An alien granted a waiver under paragraph (1)(C) whose
employment relationship with a health facility or health care
organization terminates during the 3-year service period required by
such paragraph--
``(A) shall have a period of 120 days beginning on the date
of such determination of employment to submit to the Secretary
of Homeland Security applications or petitions to commence
employment with another contracting health facility or health
care organization in a geographic area or areas which are
designated by the Secretary of Health and Human Services as
having a shortage of health care professionals; and
``(B) shall be considered to be maintaining lawful status
in an authorized stay during the 120-day period referred to in
subparagraph (A).''.
(d) Amendments to the Procedures, Definitions, and Other Provisions
Related to Physician Immigration.--
(1) Dual intent for physicians seeking graduate medical
training.--Section 214(b) of the Immigration and Nationality
Act (8 U.S.C. 1184(b)) is amended by striking ``(other than a
nonimmigrant described in subparagraph (L) or (V) of section
101(a)(15), and other than a nonimmigrant described in any
provision of section 101(a)(15)(H)(i) except subclause (b1) of
such section)'' and inserting ``(other than a nonimmigrant
described in subparagraph (L) or (V) of section 101(a)(15), a
nonimmigrant described in any provision of section
101(a)(15)(H)(i), except subclause (b1) of such section, and an
alien coming to the United States to receive graduate medical
education or training as described in section 212(j) or to take
examinations required to receive graduate medical education or
training as described in section 212(j))''.
(2) Allowable visa status for physicians fulfilling waiver
requirements in medically underserved areas.--Section
214(l)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1184(l)(2)(A)) is amended by striking ``an alien described in
section 101(a)(15)(H)(i)(b).'' and inserting ``any status
authorized for employment under this Act.''.
(3) Physician national interest waiver clarifications.--
(A) Practice and geographic area.--Section
203(b)(2)(B)(ii)(I) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(2)(B)(ii)(I)) is amended by
striking items (aa) and (bb) and inserting the
following:
``(aa) the alien physician agrees to work
on a full-time basis practicing primary care,
specialty medicine, or a combination thereof,
in an area or areas designated by the Secretary
of Health and Human Services as having a
shortage of health care professionals, or at a
health care facility under the jurisdiction of
the Secretary of Veterans Affairs; or
``(bb) the alien physician is pursuing such
waiver based upon service at a facility or
facilities that serve patients who reside in a
geographic area or areas designated by the
Secretary of Health and Human Services as
having a shortage of health care professionals
(without regard to whether such facility or
facilities are located within such an area) and
a Federal agency, or a local, county, regional,
or State department of public health determines
the alien physician's work was or will be in
the public interest.''.
(B) Five-year service requirement.--Section
203(b)(2)(B)(ii)(II) of the Immigration and Nationality
Act (8 U.S.C. 1153(B)(ii)(II)) is amended--
(i) by inserting ``(aa)'' after ``(II)'';
and
(ii) by adding at the end the following:
``(bb) The 5-year service requirement of item (aa)
shall be counted from the date the alien physician
begins work in the shortage area in any legal status
and not the date an immigrant visa petition is filed or
approved. Such service shall be aggregated without
regard to when such service began and without regard to
whether such service began during or in conjunction
with a course of graduate medical education.
``(cc) An alien physician shall not be required to
submit an employment contract with a term exceeding the
balance of the 5-year commitment yet to be served, nor
an employment contract dated within a minimum time
period prior to filing of a visa petition pursuant to
this subsection.
``(dd) An alien physician shall not be required to
file additional immigrant visa petitions upon a change
of work location from the location approved in the
original national interest immigrant petition.''.
(4) Technical clarification regarding advanced degree for
physicians.--Section 203(b)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(2)(A)) is amended by adding
at the end ``An alien physician holding a foreign medical
degree that has been deemed sufficient for acceptance by an
accredited United States medical residency or fellowship
program is a member of the professions holding an advanced
degree or its equivalent.''.
(5) Short-term work authorization for physicians completing
their residencies.--A physician completing graduate medical
education or training as described in section 212(j) of the
Immigration and Nationality Act (8 U.S.C. 1182(j)) as a
nonimmigrant described section 101(a)(15)(H)(i) of such Act (8
U.S.C. 1101(a)(15)(H)(i)) shall have such nonimmigrant status
automatically extended until October 1 of the fiscal year for
which a petition for a continuation of such nonimmigrant status
has been submitted in a timely manner and where the employment
start date for the beneficiary of such petition is October 1 of
that fiscal year. Such physician shall be authorized to be
employed incident to status during the period between the
filing of such petition and October 1 of such fiscal year.
However, the physician's status and employment authorization
shall terminate 30 days from the date such petition is
rejected, denied or revoked. A physician's status and
employment authorization will automatically extend to October 1
of the next fiscal year if all visas as described in such
section 101(a)(15)(H)(i) authorized to be issued for the fiscal
year have been issued.
(6) Applicability of section 212(e) to spouses and children
of j-1 exchange visitors.--A spouse or child of an exchange
visitor described in section 101(a)(15)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(J)) shall not be
subject to the requirements of section 212(e) of the
Immigration and Nationality Act (8 U.S.C. 1182(e)).
(e) Effective Date.--The amendments made by subsections (a) and (c)
shall take effect on the date of the enactment of this Act and shall
apply to aliens granted waivers before, on, or after the date of the
enactment of this Act. Subsection (d), and the amendments made by
subsections (b) and (d), shall take effect on October 1, 2013.
SEC. 109. PERMANENT PRIORITY DATES.
(a) In General.--Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended by adding at the end the following:
``(i) Permanent Priority Dates.--
``(1) In general.--Subject to subsection (h)(3) and
paragraph (2), the priority date for any employment-based
petition shall be the date of filing of the petition with the
Secretary of Homeland Security (or the Secretary of State, if
applicable), unless the filing of the petition was preceded by
the filing of a labor certification with the Secretary of
Labor, in which case that date shall constitute the priority
date.
``(2) Subsequent employment-based petitions.--Subject to
subsection (h)(3), an alien who is the beneficiary of any
employment-based petition that was approvable when filed
(including self-petitioners) shall retain the priority date
assigned with respect to that petition in the consideration of
any subsequently filed employment-based petition (including
self-petitions).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2013, and shall apply to aliens who are a
beneficiary of a classification petition pending on or after such date.
TITLE II--NONIMMIGRANT VISA REFORMS
SEC. 201. H-1B VISAS.
(a) Increase in H-1B Visa Numerical Limit.--Section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (vi), by striking ``and'' at the end;
(B) by amending clause (vii) to read as follows:
``(vii) 65,000 in fiscal years 2004 through 2013;
and''; and
(C) by adding at the end the following:
``(viii) 155,000 in each succeeding fiscal
year; or''; and
(2) by amending paragraph (5)(C) to read as follows:
``(C) meets the requirements of paragraph (6)(A) or (7)(A)
of section 203(b), until the number of aliens who are exempted
from such numerical limitation during such year exceeds
40,000.''.
(b) Spousal Employment.--Section 214(c)(1)(E) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(1)(E)) is amended by striking
``101(a)(15)(L),'' and inserting ``subparagraph (H)(i)(b), (H)(i)(b1),
(E)(iii), or (L) of section 101(a)''.
(c) Anti-Fraud Measures.--
(1) Foreign degrees.--
(A) Specialty occupation.--Section 214(i) of the
Immigration and Nationality Act (8 U.S.C. 1184(i)) is
amended by adding at the end the following:
``(4)(A) For purposes of paragraphs (1)(B) and (3)(B), the
term `bachelor's or higher degree' includes a foreign degree
that is a recognized foreign equivalent of a bachelor's or
higher degree.
``(B)(i) In the case of an alien with a foreign degree, any
determination with respect to the equivalence of that degree to
a degree obtained in the United States shall be made by the
Secretary of State.
``(ii) In carrying out the preceding clause, the Secretary
of State shall verify the authenticity of any foreign degree
proffered by an alien. The Secretary of State may enter into
contracts with public or private entities in conducting such
verifications.
``(iii) In addition to any other fees authorized by law,
the Secretary of State may impose a fee on an employer filing a
petition under subsection (c)(1) initially to grant an alien
nonimmigrant status described in section 101(a)(15)(H)(i)(b),
if a determination or verification described in clause (i) or
(ii) is required with respect to the petition. Fees collected
under this clause shall be deposited in the Treasury in
accordance with section 286(t).''.
(B) Section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356) is amended by adding at the end the
following:
``(w) H-1B Educational Credential Verification Account.--There is
established in the general fund of the Treasury a separate account,
which shall be known as the `H-1B Educational Credential Verification
Account'. Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees collected
under section 214(i)(4)(B)(iii). Amounts deposited into the account
shall remain available to the Secretary of State until expended to
carry out section 214(i)(4)(B).''.
(2) Investigations.--The first sentence of subsection
(n)(2)(F), and the first sentence of subsection (t)(3)(E) (as
added by section 402(b)(2) of Public Law 108-77 (117 Stat.
941)), of section 212 of the Immigration and Nationality Act (8
U.S.C. 1182) are each amended by striking all that follows
``investigations'' and inserting a period.
(3) Bona fide businesses.--Section 214(c) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended
by adding at the end the following:
``(15) The Secretary of Homeland Security may not approve
any petition under paragraph (1) filed by an employer with
respect to an alien seeking to obtain the status of a
nonimmigrant under subclause (b) or (b1) of section
101(a)(15)(H)(i) and the Secretary of State may not approve a
visa with respect to an alien seeking to obtain the status of a
nonimmigrant under subparagraph (E)(iii) or (H)(i)(b1) of
section 101(a)(15) unless--
``(A) the employer--
``(i) is an institution of higher education
(as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))), or
a governmental or nonprofit entity; or
``(ii) maintains a place of business in the
United States that is licensed in accordance
with any applicable State or local business
licensing requirements and is used exclusively
for business purposes; and
``(B) the employer--
``(i) is a governmental entity;
``(ii) has aggregate gross assets with a
value of not less than $50,000--
``(I) in the case of an employer
that is a publicly held corporation, as
determined using its most recent report
filed with the Securities and Exchange
Commission; or
``(II) in the case of any other
employer, as determined as of the date
on which the petition is filed under
regulations promulgated by the
Secretary of Homeland Security; or
``(iii) provides appropriate documentation
of business activity under regulations
promulgated by the Secretary of Homeland
Security.''.
(4) Subpoena authority.--
(A) H-1B application.--Section 212(n)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(2))
is amended by adding at the end the following:
``(J) The Secretary of Labor is authorized to issue
subpoenas as may be necessary to assure employer compliance
with the terms and conditions of this subsection.''.
(B) Attestation with respect to other nonimmigrant
employees.--Section 212(t)(3) of such Act (8 U.S.C.
1182(t)(3)) is amended by adding at the end the
following:
``(G) The Secretary of Labor is authorized to issue
subpoenas as may be necessary to assure employer compliance
with the terms and conditions of this subsection.''.
(d) B Visas in Lieu of H-1B Visas.--Section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding
at the end the following:
``(12) Notwithstanding any other provision of this Act, any alien
admitted or provided status as a nonimmigrant in order to provide
services in a specialty occupation described in paragraph (1) or (3) of
subsection (i) (other than services described in subparagraph
(H)(ii)(a), (O), or (P) of section 101(a)(15)) or as a fashion model
shall have been issued a visa (or otherwise been provided nonimmigrant
status) under subclause (b) or (b1) of section 101(a)(15)(H)(i) or
section 101(a)(15)(E)(iii).''.
(e) Effective Dates.--
(1) The amendments made by subsection (a) shall take effect
on the date of the enactment of this Act and shall apply to
aliens issued visas or otherwise provided with nonimmigrant
status under section 101(a)(15)(H)(i)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) beginning in
fiscal year 2014.
(2) The amendments made by subsection (b) shall take effect
on the date of the enactment of this Act and shall apply to the
spouses of aliens issued visas or otherwise provided with
nonimmigrant status under subparagraph (H)(i)(b), (H)(i)(b1),
or (E)(iii) of section 101(a)(15) of the Immigration and
Nationality Act before, on, or after such date.
(3) The amendments made by paragraphs (1) and (3) of
subsection (c) shall take effect on the date of the enactment
of this Act and shall apply to petitions filed under section
214(c) of the Immigration and Nationality Act (8 U.S.C.
1184(c)) on or after such date and to visa applications filed
on or after such date where no petition was filed because none
was required under subparagraph (H)(i)(b1) or (E)(iii) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)).
(4) The amendments made by paragraphs (2) and (4) of
subsection (c) shall take effect on the date of the enactment
of this Act and shall apply to employers of aliens issued visas
or otherwise provided with nonimmigrant status under
subparagraph (H)(i)(b), (H)(i)(b1), or (E)(iii) section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) before, on, or after such date.
(5) The amendment made by subsection (d) shall take effect
on the date of the enactment of this Act and shall apply to
aliens admitted or provided status as nonimmigrants on or after
such date.
SEC. 202. L VISAS.
(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end
the following:
``(G)(i) An employer of an alien who will serve in
a capacity for the employer involving specialized
knowledge under section 101(a)(15)(L) for a cumulative
period of time in excess of 6 months over a 3-year
period--
``(I) will offer to the alien during the
period of authorized employment wages that are
at least--
``(aa) the actual wage level paid
by the employer to all other
individuals with similar experience and
qualifications for the specific
employment in question; or
``(bb) the prevailing wage level
for the occupational classification in
the area of employment, whichever is
greater, based on the best information
available; and
``(II) will provide working conditions for
such alien that will not adversely affect the
working conditions of workers similarly
employed.
``(ii) In complying with the requirements of clause
(i), an employer may take into account the value of
wages paid by the employer to the alien in the currency
of the alien's home country, the value of benefits paid
by the employer to the alien in the alien's home
country, employer-provided housing or housing
allowances, employer-provided vehicles or
transportation allowances, and other benefits provided
to the alien as an incident of the assignment in the
United States.
``(iii) The Secretary of Labor shall have the same
investigatory and enforcement powers to ensure
compliance with this subparagraph as are set forth in
section 212(n)(2).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
employers with respect to aliens issued visas or otherwise provided
nonimmigrant status under section 101(a)(15)(L) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(L)) on or after such date.
SEC. 203. O VISAS.
(a) Portability of O Visas.--The first sentence of section
214(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(n)(1))
is amended--
(1) by striking ``section 101(a)(15)(H)(i)(b)'' and
inserting ``subparagraphs (H)(i)(b) and (O)(i) of section
101(a)(15)''; and
(2) by inserting ``under such sections'' after ``new
employment''.
(b) 3-Year Waiver of New O-1 Consultations for Arts and Motion
Pictures and Television and Transparency for O-1 Visas for Motion
Pictures and Television.--
(1) In general.--Section 214(c)(3) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(3)) is amended--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(B) by striking the first two sentences of the
matter that follows subparagraph (B) and inserting the
following: ``In the case of an alien seeking entry for
a motion picture or television production, (i) any
opinion under the previous sentence shall only be
advisory, (ii) any such opinion that recommends denial
must be in writing, (iii) in making the decision the
Secretary of Homeland Security shall consider the
exigencies and scheduling of the production, (iv) the
Secretary of Homeland Security shall append to the
decision any such opinion, and (v) upon making the
decision, the Secretary of Homeland Security shall
immediately provide a copy of the decision to the
consulting labor and management organizations. The
Secretary of Homeland Security shall provide by
regulation for the waiver of the consultation
requirement under subparagraph (A) in the case of
aliens who have been admitted as nonimmigrants under
section 101(a)(15)(O)(i) because of extraordinary
ability in the arts or extraordinary achievement in
motion picture or television production and who seek
readmission to perform similar services within 3 years
after the date of a consultation under such
subparagraph provided that, in the case of aliens
admitted because of extraordinary achievement in motion
picture or television production, such waiver shall
apply only if the prior consultations by the
appropriate union and management organization were
favorable or raised no objection to the approval of the
petition.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply to petitions filed under section 214(c) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)) on or after
such date and to consultation decisions made before, on, or
after such date.
SEC. 204. MEXICAN AND CANADIAN PROFESSIONALS.
Section 214(e) of the Immigration and Nationality Act (8 U.S.C.
1184(e)) is amended by adding at the end the following:
``(7)(A) An employer of a Mexican or Canadian professional
under this subsection--
``(i) will offer to the alien during the period of
authorized employment wages that are at least--
``(I) the actual wage level paid by the
employer to all other individuals with similar
experience and qualifications for the specific
employment in question; or
``(II) the prevailing wage level for the
occupational classification in the area of
employment, whichever is greater, based on the
best information available; and
``(ii) will provide working conditions for such
alien that will not adversely affect the working
conditions of workers similarly employed.
``(B) The Secretary of Labor shall have the same
investigatory and enforcement powers to ensure compliance with
this paragraph as are set forth in section 212(n)(2).''.
SEC. 205. STUDENTS.
(a) Dual Intent.--
(1) In general.--Section 101(a)(15)(F) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended to
read as follows:
``(F) an alien--
``(i) who--
``(I) is a bona fide student qualified to
pursue a full course of study in a field of
science, technology, engineering, or
mathematics (as defined in section
203(b)(6)(B)(ii)) leading to a bachelors or
graduate degree and who seeks to enter the
United States for the purpose of pursuing such
a course of study consistent with section
214(m) at an institution of higher education
(as described in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))) or a
proprietary institution of higher education (as
defined in section 102(b) of such Act (20
U.S.C. 1002(b))) in the United States,
particularly designated by the alien and
approved by the Secretary of Homeland Security,
after consultation with the Secretary of
Education, which institution shall have agreed
to report to the Secretary of Homeland Security
the determination of attendance of each
nonimmigrant student, and if any such
institution fails to make reports promptly the
approval shall be withdrawn; or
``(II) is engaged in temporary employment
for optional practical training related to such
alien's area of study following completion of
the course of study described in subclause (I);
``(ii) who has a residence in a foreign country
which the alien has no intention of abandoning, who is
a bona fide student qualified to pursue a full course
of study, and who seeks to enter the United States
temporarily and solely for the purpose of pursuing such
a course of study consistent with section 214(m) at an
established college, university, seminary,
conservatory, academic high school, elementary school,
or other academic institution or in a language training
program in the United States, particularly designated
by the alien and approved by the Secretary of Homeland
Security, after consultation with the Secretary of
Education, which institution of learning or place of
study shall have agreed to report to the Secretary of
Homeland Security the determination of attendance of
each nonimmigrant student, and if any such institution
of learning or place of study fails to make reports
promptly the approval shall be withdrawn;
``(iii) who is the spouse or minor child of an
alien described in clause (i) or (ii) if accompanying
or following to join such an alien; or
``(iv) who is a national of Canada or Mexico, who
maintains actual residence and place of abode in the
country of nationality, who is described in clause (i)
or (ii) except that the alien's qualifications for and
actual course of study may be full or part-time, and
who commutes to the United States institution or place
of study from Canada or Mexico.''.
(2) Admission.--Section 214(b) of the Immigration and
Nationality Act (8 U.S.C. 1184(b)), as amended by section
108(d)(1) of this Act, is further amended by striking ``(L) or
(V)'' inserting ``(F)(i), (L), or (V)''.
(3) Conforming amendment.--Section 214(m)(1) of the
Immigration and Nationality Act (8 U.S.C. 1184(m)(1)) is
amended, in the matter preceding subparagraph (A), by striking
``(i) or (iii)'' and inserting ``(i), (ii), or (iv)''.
(b) Optional Practical Training for Foreign Students.--Section 214
of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following:
``(s)(1) An employer providing optional practical training to an
alien who has been issued a visa or otherwise provided nonimmigrant
status under subparagraph (F) or (M) of section 101(a)(15) after
completion of the alien's course of study--
``(A) shall offer to the alien during the period of
optional practical training wages that are at least--
``(i) the actual wage level paid by the employer to
all other individuals with similar experience and
qualifications for the specific employment in question;
or
``(ii) the prevailing wage level for the
occupational classification in the area of employment,
whichever is greater, based on the best information
available; and
``(B) shall provide working conditions for such alien that
will not adversely affect the working conditions of workers
similarly employed.
``(2) The Secretary of Labor has the same investigatory and
enforcement powers to ensure compliance with paragraph (1) as are set
forth in section 212(n)(2).''.
(c) Effective Dates.--
(1) The amendments made by subsection (a) shall take effect
on the date of the enactment of this Act, and shall apply to
nonimmigrants who possess or are granted status under section
101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C.
1101(a))(15)(F)) on or after such date.
(2) The amendment made by subsection (b) shall apply to
employers with respect to aliens who begin post-course of study
optional practical training with them on or after the date of
the enactment of this Act.
SEC. 206. EXTENSION OF EMPLOYMENT ELIGIBILITY WHILE VISA EXTENSION
PETITION PENDING.
(a) In General.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184, as amended by section 205(b), is further amended by
adding at the end the following:
``(t) A nonimmigrant issued a visa or otherwise provided
nonimmigrant status under subparagraph (A), (E), (G), (H), (I), (J),
(L), (O), (P), (Q), or (R) of section 101(a)(15), or section 214(e),
and otherwise as the Secretary of Homeland Security may by regulations
prescribe, whose status has expired but who has, or whose sponsoring
employer or authorized agent has, filed a timely application or
petition for an extension of authorized status as provided under this
section, is authorized to continue employment with the same employer
for a period not to exceed 240 days beginning on the date of the
expiration of the authorized period of stay until and unless the
application or petition is denied. Such authorization shall be subject
to the same conditions and limitations noted on the original
authorization.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
aliens issued visas or otherwise provided nonimmigrant status before,
on, or after such date.
SEC. 207. FRAUD DETECTION AND PREVENTION FEE.
Section 214(c)(12)(A) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(12)(A)) is amended by adding at the end the following:
``The Secretary of Homeland Security shall also impose the fee
described in the preceding sentence on an employer filing an
attestation under section 212(t)(1) or employing an alien pursuant to
subsection (e).''.
SEC. 208. TECHNICAL CORRECTION.
The second subsection designated as subsection (t) of section 212
of the Immigration and Nationality Act (8 U.S.C. 1182) (as added by
section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) is
redesignated as subsection (u) of such section.
TITLE III--REFORMS AFFECTING BOTH IMMIGRANT AND NONIMMIGRANT VISAS
Subtitle A--STEM Education Funding
SEC. 301. FUNDING FOR STEM EDUCATION AND TRAINING.
(a) Nonimmigrant Fee Adjustment and Allocation.--Section 214(c)(9)
of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)) is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i)--
(i) by striking ``(20 U.S.C. 1001(a),'' and
inserting ``(20 U.S.C. 1001(a)),''; and
(ii) by striking ``filing before a
petition'' and inserting ``filing a petition'';
(2) by amending subparagraph (B) to read as follows:
``(B) The amount of the fee imposed under this paragraph shall be--
``(i) $1,250 for each such petition filed by an employer
with not more than 25 full-time equivalent employees who are
employed in the United States (determined by including any
affiliate or subsidiary of such employer); and
``(ii) $2,500 for each such petition filed by an employer
with more than 25 such employees.'';
(3) by amending subparagraph (C) to read as follows:
``(C) Fees collected under this paragraph shall be
distributed as follows:
``(i) Of the amounts collected pursuant to
subparagraph (B)(i)--
``(I) $750 shall be deposited in the
Treasury in accordance with section 286(s); and
``(II) $500 shall be deposited in the
Treasury in accordance with section 286(x).
``(ii) Of the amounts collected pursuant to
subparagraph (B)(ii)--
``(I) $1,500 shall be deposited in the
Treasury in accordance with section 286(s); and
``(II) $1,000 shall be deposited in the
Treasury in accordance with section 286(x).'';
(4) by redesignating subparagraph (C) as subparagraph (D);
and
(5) by inserting after subparagraph (B) the following:
``(C) The Secretary of Homeland Security shall impose the
fee described in this paragraph on an employer filing an
attestation under section 212(t)(1), and on an employer
employing an alien pursuant to section 214(e), in the same
manner as such fee is imposed on an employer described in
subparagraph (A). In the case of employment pursuant to section
214(e), the Secretary of Homeland Security shall establish a
method of imposing the fee described in the preceding sentence
notwithstanding the absence of a petition or attestation.''.
(b) Conforming Amendment.--Section 286(s)(1) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(1)) is amended by striking the last
sentence and inserting ``There shall be deposited as offsetting
receipts into the account a portion of the fees collected under
paragraphs (9) and (11) of section 214(c).''.
(c) Immigrant Fee.--Section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) is amended by adding at the end the
following:
``(7) Funding for stem education and training.--The
Secretary of Homeland Security shall impose a fee of $1,000 on
each I-140 immigrant visa petition filed under this subsection.
Amounts collected under this paragraph shall be deposited into
the Treasury in accordance with section 286(x).''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2013, and shall apply to petitions filed under
section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(1)), and attestations filed under section 212(t)(1) of such Act
(8 U.S.C. 1182(t)(1)), on or after such date.
SEC. 302. PROMOTING AMERICAN INGENUITY ACCOUNT.
Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356),
as amended by section 201(c)(1)(B) of this Act, is further amended by
adding at the end the following:
``(x) Promoting American Ingenuity Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`Promoting American Ingenuity Account'. There shall be
deposited as offsetting receipts into the account fees
collected under section 203(b)(7) and a portion of the fees
collected under section 214(c)(9). Amounts deposited into the
account shall remain available to the Secretary of Education
until expended.
``(2) Purposes.--The purposes of the Promoting American
Ingenuity Account are to enhance the economic competitiveness
of the United States by--
``(A) strengthening STEM education, including in
computer science, at all levels;
``(B) ensuring that schools have access to well-
trained and effective STEM teachers; and
``(C) helping colleges and universities produce
more graduates in fields needed by American employers.
``(3) Allocation of funds.--
``(A) Reservation of funds.--
``(i) In general.--The Secretary of
Education may reserve up to 5 percent of the
amounts deposited into the Promoting American
Ingenuity Account to carry out the activities
described in clause (ii).
``(ii) National activities.--From the
amounts reserved under clause (i), the
Secretary of Education shall, directly or
through grants and contracts--
``(I) provide technical assistance
to States and local educational
agencies in carrying out activities
described in section 304 of the SKILLS
Visa Act; and
``(II) acting through the Institute
of Education Sciences, conduct national
evaluations of activities carried out
by the State under such section 304.
``(B) Allocations to states.--
``(i) In general.--Subject to clause (ii),
the Secretary of Education shall
proportionately allocate the remaining amounts
deposited into the account to the States each
fiscal year in an amount that bears the same
relationship to the remainder as the amount the
State received under subpart 2 of part A of
title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6331 et seq.)
for the preceding fiscal year bears to the
amount all States received under that subpart
for the preceding fiscal year.
``(ii) Minimum allocations.--No State shall
receive less than an amount equal to 0.5
percent of the total amount made available to
all States from the Promoting American
Ingenuity Account. If a State does not request
an allocation from the Account for a fiscal
year, the Secretary shall reallocate the
State's allocation to those States with
approved applications under section 303 of the
SKILLS Visa Act in accordance with clause
(i).''.
SEC. 303. STEM EDUCATION GRANT APPLICATION PROCESS.
(a) Application.--Each Governor and Chief State School Officer
desiring to receive an allocation from the Promoting American Ingenuity
Account established under section 286(x) of the Immigration and
Nationality Act (as added by section 302 of this Act) shall jointly
submit a plan, including a proposed budget, signed by the Governor and
Chief Sate School Officer, to the Secretary of Education at such time,
and in such manner, as the Secretary may require, that--
(1) designates a State agency as the agency responsible for
carrying out programs funded by such allocation;
(2) describes the activities to be funded with such
allocation and how such activities will improve STEM education
in the State;
(3) describes how the State will partner with employers to
design and carry out the activities funded by such allocation;
(4) describes how the State will collaborate with
institutions of higher education (as defined in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002), except that
such term does not include institutions described in subsection
(a)(1)(C) of such section 102), local educational agencies,
State and local workforce investment boards funded under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), and
other State and local government entities as appropriate to
carry out the activities funded by such allocation; and
(5) describes how the State will coordinate activities
funded by such allocation with activities funded under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), and the Workforce Investment Act of 1998 (29 U.S.C. 2801
et seq.).
(b) Prohibition.--
(1) In general.--The information described in subsection
(a) shall be the only information required of States, and the
Secretary of Education shall not establish any additional
criteria for State eligibility for such allocations.
(2) Standards and assessments.--The Secretary shall not
condition State receipt of such allocations on any decision to
adopt, or not to adopt, academic standards or assessments for
the State's elementary and secondary schools.
(c) Deemed Approval.--A plan submitted under subsection (a) shall
be deemed to be approved by the Secretary of Education unless the
Secretary makes a written determination, prior to the expiration of the
60-day period beginning on the date on which the Secretary received the
plan, that the plan is not in compliance with this section.
SEC. 304. AUTHORIZED ACTIVITIES.
A State or other entity that receives funding from the Promoting
American Ingenuity Account may use such funds for one or more of the
following activities:
(1) To strengthen the State's academic standards in
science, technology, engineering, and mathematics (STEM);
(2) To implement strategies for the recruitment, training,
placement, and retention of teachers in STEM fields, including
computer science;
(3) To carry out initiatives designed to assist students in
succeeding and graduating from postsecondary STEM programs;
(4) To improve the availability and access to STEM-related
worker training programs, including community college courses
and programs; and
(5) For other activities to improve STEM education.
SEC. 305. NATIONAL EVALUATIONS.
(a) Annual Report.--The Secretary of Education shall submit a
report describing the results of each evaluation conducted under
section 286(x)(3)(A)(ii)(II) of the Immigration and Nationality Act (as
added by section 302 of this Act) to--
(1) the President;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives;
(4) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(5) the Committee on Education and the Workforce of the
House of Representatives.
(b) Dissemination.--The Secretary of Education shall make the
findings of such evaluations widely available to educators, the
business community, and the public.
SEC. 306. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to permit the Secretary
of Education or any other Federal official to approve the content or
academic achievement standards, academic assessments, or curriculum of
a State.
Subtitle B--Other Reforms
SEC. 311. PREVAILING WAGES.
(a) In General.--Section 212(p) of the Immigration and Nationality
Act (8 U.S.C. 1182(p)) is amended--
(1) in paragraph (1), by striking ``subsections (a)(5)(A),
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)'' and inserting
``subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)
of this section, and subsections (c)(2)(G), (e), and (s) of
section 214,'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) In computing the prevailing wage level for an
occupational classification in an area of employment for
purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and
(t)(1)(A)(i)(II) of this section, and subsections (c)(2)(G),
(e), and (s) of section 214, in the case of an alien who begins
work with their employer under such section within one year of
graduation from an institution that is described in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))
or is a proprietary institution of higher education (as defined
in section 102(b) of such Act (20 U.S.C. 1002(b))), the wage
level shall be the wage level specified in subparagraph (A),
(B), or (C) of paragraph (5) depending on the alien's
experience, education, and level of supervision. In computing
the prevailing wage level for an occupational classification in
an area of employment for purposes of subsections (a)(5)(A),
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, and
subsections (c)(2)(G), (e), and (s) of section 214, in the case
of an alien who does not begin work with their employer under
such section within one year of graduation from an institution
that is described in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)) or is a proprietary institution of
higher education (as defined in section 102(b) of such Act (20
U.S.C. 1002(b))), the wage level shall be the wage level
specified in subparagraph (B) or (C) of paragraph (5),
depending on the alien's experience, education, and level of
supervision.'';
(4) in paragraph 4 (as redesignated), by striking
``subsections (a)(5)(A), (n)(1)(A)(i)(II), and
(t)(1)(A)(i)(II)'' and inserting ``subsections (a)(5)(A),
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, and
subsections (c)(2)(G), (e), and (s) of section 214,''; and
(5) by amending paragraph (5) (as redesignated) to read as
follows:
``(5) Subject to paragraph (2), the Secretary of Labor shall make
available to employers a governmental survey to determine the
prevailing wage for each occupational classification by metropolitan
statistical area in the United States. Such survey, or other survey
approved by the Secretary of Labor, shall provide 3 levels of wages
commensurate with experience, education, and level of supervision. Such
wage levels shall be determined as follows:
``(A) The first level shall be the mean of the lowest two-
thirds of wages surveyed, but in no case less than 80 percent
of the mean of the wages surveyed.
``(B) The second level shall be the mean of wages surveyed.
``(C) The third level shall be the mean of the highest two-
thirds of wages surveyed.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
to employers with regard to labor certifications under sections
212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(5)(A)), labor condition applications under section 212(n)(1) of
such Act (8 U.S.C. 1182(n)(1)), and attestations under section
212(t)(1) of such Act (8 U.S.C. 1182(t)(1)), filed on or after such
date, to employers with regard to aliens issued visas or otherwise
provided nonimmigrant status under section 101(a)(15)(L) of such Act (8
U.S.C. 1101(a)(15)(L)) on or after such date, and to employers with
regard to aliens they provide post-course of study optional practical
training that begins on or after such date.
SEC. 312. STREAMLINING PETITIONS FOR ESTABLISHED EMPLOYERS.
(a) In General.--Section 214(c) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:
``(15) The Secretary of Homeland Security shall establish a pre-
certification procedure for employers who file multiple petitions
described in this subsection or section 204(a)(1)(F). Such
precertification procedure shall enable an employer to avoid repeatedly
submitting documentation that is common to multiple petitions and
establish, through a single filing, criteria relating to the employer
and the offered employment opportunity.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
to petitions filed under section 204(a)(1)(F) or 214(c) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F) or 1184(c))
beginning 180 days after such date.
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