[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6429 Placed on Calendar Senate (PCS)]
Calendar No. 559
112th CONGRESS
2d Session
H. R. 6429
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 3, 2012
Received; read the first time
December 4, 2012
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To amend the Immigration and Nationality Act to promote innovation,
investment, and research in the United States, to eliminate the
diversity immigrant program, 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 ``STEM Jobs Act of 2012''.
SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES.
(a) Worldwide Level of Immigration.--Section 201(d)(2) of the
Immigration and Nationality Act (8 U.S.C. 1151(d)(2)) is amended by
adding at the end the following:
``(D)(i) In addition to the increase provided under subparagraph
(C), the number computed under this paragraph for fiscal year 2014 and
subsequent fiscal years shall be further increased by the number
specified in clause (ii), to be used in accordance with paragraphs (6)
and (7) of section 203(b), except that--
``(I) immigrant visa numbers made available under this
subparagraph but not required for the classes specified in
paragraphs (6) and (7) of section 203(b) shall not be counted
for purposes of subsection (c)(3)(C); and
``(II) for purposes of paragraphs (1) through (5) of
section 203(b), the increase under this subparagraph shall not
be counted for purposes of computing any percentage of the
worldwide level under this subsection.
``(ii) The number specified in this clause is 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U.S.C. 1151 note) if section 201(e) had not been repealed by section 3
of the STEM Jobs Act of 2012.
``(iii) Immigrant visa numbers made available under this
subparagraph for fiscal year 2014, but not used for the classes
specified in paragraphs (6) and (7) of section 203(b) in such year, may
be made available in subsequent years as if they were included in the
number specified in clause (ii) only to the extent of the cumulative
number of petitions under section 204(a)(1)(F), and applications for a
labor certification under section 212(a)(5)(A), filed in fiscal year
2014 with respect to aliens seeking a visa under paragraph (6) or (7)
of section 203(b) up to, but not exceeding, the number specified in
clause (ii) for such year. Such immigrant visa numbers may only be made
available in fiscal years after fiscal year 2014 in connection with a
petition under section 204(a)(1)(F), or an application for a labor
certification under section 212(a)(5)(A), that was filed in fiscal year
2014.
``(iv) Immigrant visa numbers made available under this
subparagraph for fiscal year 2015, but not used for the classes
specified in paragraphs (6) and (7) of section 203(b) during such year,
may be made available in subsequent years as if they were included in
the number specified in clause (ii) only to the extent of the
cumulative number of petitions under section 204(a)(1)(F), and
applications for a labor certification under section 212(a)(5)(A),
filed in fiscal year 2015 with respect to aliens seeking a visa under
paragraph (6) or (7) of section 203(b) up to, but not exceeding, the
number specified in clause (ii) for such year. Such immigrant visa
numbers may only be made available in fiscal years after fiscal year
2015 in connection with a petition under section 204(a)(1)(F), or an
application for a labor certification under section 212(a)(5)(A), that
was filed in fiscal year 2015.
``(v) Immigrant visa numbers made available under this subparagraph
for fiscal year 2016, but not used for the classes specified in
paragraphs (6) and (7) of section 203(b) in such year, may be made
available in subsequent years as if they were included in the number
specified in clause (ii), but only--
``(I) to the extent of the cumulative number of petitions
under section 204(a)(1)(F), and applications for a labor
certification under section 212(a)(5)(A), filed in fiscal year
2016 with respect to aliens seeking a visa under paragraph (6)
or (7) of section 203(b) up to, but not exceeding, the number
specified in clause (ii) for such year;
``(II) if the immigrant visa numbers used under this
subparagraph for fiscal year 2015 with respect to aliens
seeking a visa under paragraph (6) or (7) of section 203(b)
were less than the number specified in clause (ii) for such
year; and
``(III) if the processing standards set forth in sections
204(a)(1)(F)(ii) and 212(a)(5)(A)(vi) were not met in fiscal
year 2016.
Such immigrant visa numbers may only be made available in fiscal years
after fiscal year 2016 in connection with a petition under section
204(a)(1)(F), or an application for a labor certification under section
212(a)(5)(A), that was filed in fiscal year 2016.
``(vi) Immigrant visa numbers made available under this
subparagraph for fiscal year 2017, but not used for the classes
specified in paragraphs (6) and (7) of section 203(b) in such year, may
be made available in subsequent years as if they were included in the
number specified in clause (ii), but only--
``(I) to the extent of the cumulative number of petitions
under section 204(a)(1)(F), and applications for a labor
certification under section 212(a)(5)(A), filed in fiscal year
2017 with respect to aliens seeking a visa under paragraph (6)
or (7) of section 203(b) up to, but not exceeding, the number
specified in clause (ii) for such year;
``(II) if the immigrant visa numbers used under this
subparagraph for fiscal year 2016 with respect to aliens
seeking a visa under paragraph (6) or (7) of section 203(b)
were less than the number specified in clause (ii) for such
year; and
``(III) if the processing standards set forth in sections
204(a)(1)(F)(ii) and 212(a)(5)(A)(vi) were not met in fiscal
year 2017.
Such immigrant visa numbers may only be made available in fiscal years
after fiscal year 2016 in connection with a petition under section
204(a)(1)(F), or an application for a labor certification under section
212(a)(5)(A), that was filed in fiscal year 2017.''.
(b) Numerical Limitation to Any Single Foreign State.--Section
202(a)(5)(A) of such Act (8 U.S.C. 1152(a)(5)(A)) is amended by
striking ``or (5)'' and inserting ``(5), (6), or (7)''.
(c) 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 (8); 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 the number specified in
section 201(d)(2)(D)(ii), 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; and
``(ii) have taken all doctoral 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.
``(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, mathematics and
statistics, and physical sciences.
``(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, 2012, 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
class specified in paragraph (6) shall be made
available to the class 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 or in a field included in the
Department of Education's Classification of
Instructional Programs taxonomy within the
summary group of biological and biomedical
sciences.
``(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.''.
(d) 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.''.
(e) 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)''.
(f) GAO Study.--Not later than June 30, 2018, 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.
(g) 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.
(h) 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. 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. 3. 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. 4. 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.
SEC. 5. STUDENT VISA REFORM.
(a) 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 termination 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 termination 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.''.
(b) Admission.--Section 214(b) of the Immigration and Nationality
Act (8 U.S.C. 1184(b)) is amended by inserting ``(F)(i),'' before ``(L)
or (V)''.
(c) 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)''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2013, 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.
SEC. 6. EXPANSION OF THE ``V'' NONIMMIGRANT VISA PROGRAM FOR SPOUSES
AND CHILDREN OF PERMANENT RESIDENTS AWAITING THE
AVAILABILITY OF AN IMMIGRANT VISA.
(a) In General.--Section 101(a)(15)(V) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended--
(1) in the matter preceding clause (i), by striking ``that
was filed with the Attorney General under section 204 on or
before the date of the enactment of the Legal Immigration
Family Equity Act,'';
(2) in clause (i), by striking ``3 years or more;'' and
inserting ``1 year or more;''; and
(3) in clause (ii), by striking ``3 years or more have''
and inserting ``1 year or more has''.
(b) Provisions Affecting Nonimmigrant Status.--Section 214(q) of
the Immigration and Nationality Act (8 U.S.C. 1184(q)) is amended--
(1) by striking paragraphs (2) and (3);
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``the Attorney
General'' and all that follows through ``; and'' and
inserting ``the alien may not be authorized to engage
in employment in the United States during the period of
authorized admission as such a nonimmigrant; and''; and
(B) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(3) by striking ``(q)(1)'' and inserting ``(q)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2013, and shall apply to an alien who--
(1) applies for nonimmigrant status under section
101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(V)) on or after such date; and
(2) is the beneficiary of a classification petition filed
under section 204 of the Immigration and Nationality Act (8
U.S.C. 1154) before, on, or after such date.
SEC. 7. EXTENSION OF GUARANTEE FEES FOR GOVERNMENT-SPONSORED HOUSING
ENTERPRISES AND FHA.
(a) GSEs.--Subsection (f) of section 1327 of the Housing and
Community Development Act of 1992 (12 U.S.C. 4547) is amended by
striking ``October 1, 2021'' and inserting ``October 1, 2022''.
(b) FHA.--Subsection (b) of section 402 of the Temporary Payroll
Tax Cut Continuation Act of 2011 (Public Law 112-78; 125 Stat. 1289) is
amended by striking ``October 1, 2021'' and inserting ``October 1,
2022''.
Passed the House of Representatives November 30, 2012.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 559
112th CONGRESS
2d Session
H. R. 6429
_______________________________________________________________________
AN ACT
To amend the Immigration and Nationality Act to promote innovation,
investment, and research in the United States, to eliminate the
diversity immigrant program, and for other purposes.
_______________________________________________________________________
December 4, 2012
Read the second time and placed on the calendar