Text: H.R.2131 — 113th Congress (2013-2014)All Bill Information (Except Text)

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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 2131 Reported in House (RH)]

                                                 Union Calendar No. 507
113th CONGRESS
  2d Session
                                H. R. 2131

                      [Report No. 113-676, Part I]

   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

                           December 15, 2014

 Additional sponsors: Mr. Kinzinger of Illinois, Mr. Westmoreland, Mr. 
            Rooney, Mr. Hultgren, Mr. Cook, and Mr. Wittman

                           December 15, 2014

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 15, 2014

 The Committee on Education and the Workforce discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed
[For text of introduced bill, see copy of bill as introduced on May 23, 
                                 2013]


_______________________________________________________________________

                                 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.
Sec. 3. Sense of Congress.

                    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.
Sec. 110. Set-aside for health care workers.

                  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. H-1B1 and E-3 Visas.
Sec. 206. Students.
Sec. 207. Extension of employment eligibility while visa extension 
                            petition pending.
Sec. 208. Fraud detection and prevention fee.
Sec. 209. Technical correction.

   TITLE III--REFORMS AFFECTING BOTH IMMIGRANT AND NONIMMIGRANT VISAS

Sec. 301. Prevailing wages.
Sec. 302. Streamlining petitions for established employers.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of the Congress that:
            (1) Our Nation's future economic prosperity in the global 
        economy is strongly linked to the ability of our schools to 
        educate students in the science, technology, engineering, and 
        mathematics (STEM) subjects.
            (2) A portion of application fees paid by employers seeking 
        to hire foreign workers should be devoted to supporting 
        improvements in STEM education in the United States, including 
        computer science education, at the elementary, secondary, and 
        university levels in order to reduce our dependence on foreign 
        workers over time.
            (3) Such funds should be used to support--
                    (A) building the capacity of every State to improve 
                student achievement in STEM subjects, especially in the 
                most high-need school districts;
                    (B) supporting innovation in STEM education through 
                partnerships between elementary and secondary schools, 
                universities, non-profits, businesses, and informal 
                education and community-based partners;
                    (C) broadening the diversity and capacity of the 
                STEM education pipeline in the United States through 
                scholarships and other forms of assistance to American 
                students who study in these subjects; and
                    (D) improving and promoting STEM education for 
                underrepresented populations, including economically 
                disadvantaged individuals in STEM fields.

                    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 not less than 85 percent 
                        of the 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 51.38).
                            ``(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 not less than 85 percent 
                        of the 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), (7), and (8),''.
    (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, 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. 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) In general.--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 venture 
                                                capital fund whose 
                                                investment adviser is a 
                                                qualified venture 
                                                capital entity; or

                                                    ``(BB) 2 or more 
                                                qualified angel 
                                                investors; and

                                            ``(bb) which will benefit 
                                        the United States economy and, 
                                        during the 3-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) Investment 
                                        adviser.--The term `investment 
                                        adviser' has the meaning given 
                                        such term under section 
                                        202(a)(11) of the Investment 
                                        Advisers Act of 1940 (15 U.S.C. 
                                        80b-2(a)(11)).
                                            ``(cc) 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 investments 
                                                during the 3 year 
                                                period before the date 
                                                of a petition by the 
                                                qualified immigrant for 
                                                classification under 
                                                this paragraph.

                                            ``(dd) Qualified venture 
                                        capital entity.--The term 
                                        `qualified venture capital 
                                        entity' means, with respect to 
                                        a qualified immigrant, an 
                                        entity that--

                                                    ``(AA) serves as an 
                                                investment adviser to a 
                                                venture capital fund 
                                                that is making an 
                                                investment under this 
                                                paragraph;

                                                    ``(BB) has its 
                                                primary office location 
                                                or principal place of 
                                                business in the United 
                                                States;

                                                    ``(CC) is owned and 
                                                controlled, directly or 
                                                indirectly, by 
                                                individuals the 
                                                majority of whom are 
                                                United States citizens 
                                                or aliens lawfully 
                                                admitted to the United 
                                                States for permanent 
                                                residence;

                                                    ``(DD) has been 
                                                advising one or more 
                                                venture capital funds 
                                                for a period of at 
                                                least 2 years before 
                                                the date of the 
                                                petition for 
                                                classification under 
                                                this paragraph; and

                                                    ``(EE) advises one 
                                                or more venture capital 
                                                funds that have 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.

                                            ``(ee) Venture capital 
                                        fund.--The term `venture 
                                        capital fund' means an entity--

                                                    ``(AA) that 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 January 1, 
                                                2013) or has management 
                                                rights in its portfolio 
                                                companies to the extent 
                                                required by such 
                                                section if the venture 
                                                capital fund were 
                                                classified as a venture 
                                                capital operating 
                                                company;

                                                    ``(BB) has capital 
                                                commitments of not less 
                                                than $10,000,000; and

                                                    ``(CC) whose 
                                                general partner or 
                                                managing member is 
                                                owned and controlled, 
                                                directly or indirectly, 
                                                by individuals the 
                                                majority of whom are 
                                                United States citizens 
                                                or aliens lawfully 
                                                admitted to the United 
                                                States for permanent 
                                                residence.

                                    ``(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 third 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 third 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 
                        third 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 
                                fourth 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 fourth 
                                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 fourth 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 third 
                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)(A) of such 
Act (8 U.S.C. 1153(b)(2)(A)) 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)(A) of such Act (8 U.S.C. 1153(b)(3)(A)) 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)(4)) is amended by striking ``7.1 percent of such 
worldwide level,'' and inserting ``9,940,''.
    (f) Employment Creation.--Section 203(b)(5)(A) of such Act (8 
U.S.C. 1153(b)(5)(A)) 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.
    (h) Adjustment of Status for Employment-based Immigrants.--Section 
245 of such Act (8 U.S.C. 1255) is amended by adding at the end the 
following:
    ``(n) Adjustment of Status for Employment-Based Immigrants.--
            ``(1) Petition.--An alien who has status under subparagraph 
        (H)(i)(b), (L), or (O)(i) of section 101(a)(15) or who has 
        status under subparagraph (F) or (M) of such section and who 
        has received optional practical training after completion of 
        the alien's course of study, and any eligible dependents of 
        such alien, who has filed a petition or on whose behalf a 
        petition has been filed for immigrant status pursuant to 
        subparagraph (E), (F), (G), or (H) of section 204(a)(1), may 
        concurrently, or at any time thereafter, file an application 
        with the Secretary of Homeland Security for adjustment of 
        status if such petition has been approved, regardless of 
        whether an immigrant visa is immediately available at the time 
        the application is filed.
            ``(2) Availability.--An application filed pursuant to 
        paragraph (1) may not be approved until the date on which an 
        immigrant visa becomes available.''.

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) in the section heading, by striking ``Pilot''; 
                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 knowingly 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, member, 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 may 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 has provided any false 
        attestation or information under paragraph (2), or continues to 
        allow any person who was involved with the regional center as 
        described in paragraph (1) to continue to be involved with the 
        regional center if the regional center knows that the person 
        has provided any false attestation or information under 
        paragraph (2); or
            ``(C) the regional center fails to provide an attestation 
        or information requested by the Secretary under paragraph (2), 
        or continues to allow any person who was involved with the 
        regional center as described in paragraph (1) to continue to be 
        involved with the regional center if the regional center knows 
        that the person has failed 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, 505,000 
        beginning in fiscal year 2014 through fiscal year 2023, and 
        440,000 beginning in fiscal year 2024,''; and
            (2) in subparagraph (B)(ii), by striking ``226,000.'' and 
        inserting ``226,000 in fiscal years through 2013, 251,000 
        beginning in fiscal year 2014 through fiscal year 2023, and 
        186,000 beginning in fiscal year 2024.''.
    (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, 251,000 beginning in fiscal year 
        2014 through fiscal year 2023, and 186,000 beginning in fiscal 
        year 2024,''; and
            (3) by striking ``77'' and inserting ``81.13''.
    (c) Brothers and Sisters of Citizens.--
            (1) In general.--Section 203(a) of such Act (8 U.S.C. 
        1153(a)) is amended--
                    (A) in paragraph (1), by striking ``23,400,'' and 
                all that follows through the period at the end and 
                inserting ``23,400.''; and
                    (B) by striking paragraph (4).
            (2) Classification petitions.--Section 204(a)(1)(A)(i) of 
        such Act (8 U.S.C. 1154(a)(1)(A)(i)) is amended by striking 
        ``(1), (3), or (4)'' and inserting ``(1) or (3)''.
    (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, except that the amendments made by 
subsection (c)(1) shall take effect on October 1, 2023.

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) A State 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 State were used in the previous fiscal year.
    ``(ii) When an allotment has occurred under clause (i), the State 
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 State were used in the previous fiscal year, except that if the 
State is allotted 60 or more waivers for a fiscal year, the State shall 
be eligible for the additional 5 waivers under this clause only if 90 
percent of the waivers available to all States receiving at least 1 
waiver under paragraph (1)(B) 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 the following: ``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.

SEC. 110. SET-ASIDE FOR HEALTH CARE WORKERS.

    Section 203(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(3)), as amended by this Act, is further amended--
            (1) in subparagraph (A), by inserting after clause (iii) 
        the following:
                            ``(iv) Health care workers.--Qualified 
                        immigrants who are required to submit health 
                        care worker certificates pursuant to section 
                        212(a)(5)(C) or certified statements pursuant 
                        to section 212(r) and will be working in a 
                        rural area or a health professional shortage 
                        area (as defined in section 332 of the Public 
                        Health Service Act (42 U.S.C. 254e)).''; and
            (2) by adding at the end the following:
                    ``(D) Set aside for health care workers.--
                            ``(i) In general.--Not less than 4,000 of 
                        the visas made available under this paragraph 
                        in each fiscal year shall be reserved for 
                        qualified immigrants described in subparagraph 
                        (A)(iv).
                            ``(ii) Unused visas.--If the number of 
                        visas reserved under clause (i) has not been 
                        exhausted at the end of a given fiscal year, 
                        the Secretary of Homeland Security shall adjust 
                        upwards the numerical limitation in 
                        subparagraph (A) for that fiscal year by the 
                        amount remaining. Visas may be issued pursuant 
                        to such adjustment within the first 45 days of 
                        the next fiscal year to aliens who had applied 
                        for such visas during the fiscal year for which 
                        the adjustment was made.''.

                  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) Wage Level.--Section 212(n)(1)(A)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(1)(A)(i)) is amended--
            (1) by striking ``, and'' at the end and inserting ``; 
        or'';
            (2) by redesignating subclauses (I) and (II) as items (aa) 
        and (bb), respectively;
            (3) by striking ``(i)'' and inserting ``(i)(I)'';
            (4) by inserting ``except as provided in subclause (II),'' 
        before ``is offering''; and
            (5) by adding at the end the following:
                    ``(II) if 80 percent or more of the employer's 
                workers in the same occupational classification as the 
                alien admitted or provided status as an H-1B 
                nonimmigrant and in the same area of employment as the 
                alien admitted or provided status as an H-1B 
                nonimmigrant are United States workers (as defined in 
                paragraph (4)), is offering and will offer during the 
                period of authorized employment to aliens admitted or 
                provided status as an H-1B nonimmigrant wages that are 
                at least the actual wage level paid by the employer to 
                all other individuals with similar experience and 
                qualifications for the specific employment in question 
                (but, in the case of an employer with more than 25 
                employees, in no event shall such wages be lower than 
                the mean of the lowest one-half of wages surveyed 
                pursuant to subsection (p)(5)); and''.
    (c) Spousal Employment.--Section 214(c)(2)(E) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)(2)(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)(15)''.
    (d) 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) H-1B educational credential verification 
                account.--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 ``investigations'' 
        and all that follows through the period at the end and 
        inserting the following: ``investigations. An employer who has 
        been subject to 2 random investigations may not be subject to 
        another random investigation within 4 years of the second 
        investigation unless the employer was found in the previous 
        investigations or otherwise to have committed a willful failure 
        to meet a condition of paragraph (1) (or has been found under 
        paragraph (5) to have committed willful failure to meet the 
        condition of paragraph (1)(G)(i)(II)) or to have made a willful 
        misrepresentation of material fact in an application.''.
            (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)) (as added by section 402(b)(2) of Public 
                Law 108-77 (117 Stat. 941)) 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.''.
    (e) 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).''.
    (f) 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 2-year period--
            ``(I)(aa) except as provided in item (bb), 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; or
            ``(bb) if 80 percent or more of the employer's workers in 
        the same occupational classification as the alien and in the 
        same area of employment as the alien are United States workers 
        (as defined in section 212(n)(4)), will offer to the alien 
        during the period of authorized employment wages that are at 
        least the actual wage level paid by the employer to all other 
        individuals with similar experience and qualifications for the 
        specific employment in question; 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 keep the alien on their home country payroll, and 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)(I) except as provided in subclause (II), 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; or
            ``(II) if 80 percent or more of the employer's workers in 
        the same occupational classification as the alien and in the 
        same area of employment as the alien are United States workers 
        (as defined in section 212(n)(4)), will offer to the alien 
        during the period of authorized employment wages that are at 
        least the actual wage level paid by the employer to all other 
        individuals with similar experience and qualifications for the 
        specific employment in question (but, in the case of an 
        employer with more than 25 employees, in no event shall such 
        wages be lower than the mean of the lowest one-half of wages 
        surveyed pursuant to section 212(p)(5)); 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. H-1B1 AND E-3 VISAS.

    Section 212(t)(1)(A)(i) of the Immigration and Nationality Act (8 
U.S.C. 1182(t)(1)(A)(i)) (as added by section 402(b)(2) of Public Law 
108-77 (117 Stat. 941)) is amended--
            (1) by striking ``; and'' at the end and inserting ``; 
        or'';
            (2) by redesignating subclauses (I) and (II) as items (aa) 
        and (bb), respectively;
            (3) by striking ``(i)'' and inserting ``(i)(I)'';
            (4) by inserting ``except as provided in subclause (II),'' 
        before ``is offering''; and
            (5) by adding at the end the following:
                    ``(II) if 80 percent or more of the employer's 
                workers in the same occupational classification as the 
                alien admitted or provided status under section 
                101(a)(15)(H)(i)(b1) or 101(a)(15)(E)(iii) and in the 
                same area of employment as the alien admitted or 
                provided status under section 101(a)(15)(H)(i)(b1) or 
                101(a)(15)(E)(iii) are United States workers (as 
                defined in subsection (n)(4)), is offering and will 
                offer during the period of authorized employment to 
                aliens admitted or provided status under section 
                101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) 
                wages that are at least the actual wage level paid by 
                the employer to all other individuals with similar 
                experience and qualifications for the specific 
                employment in question (but, in the case of an employer 
                with more than 25 employees, in no event shall such 
                wages be lower than the mean of the lowest one-half of 
                wages surveyed pursuant to subsection (p)(5)); and''.

SEC. 206. 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--
                            ``(I) 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; 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);
                    ``(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)(i) except as provided in clause (ii), 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; or
            ``(ii) if 80 percent or more of the employer's workers in 
        the same occupational classification as the alien and in the 
        same area of employment as the alien are United States workers 
        (as defined in section 212(n)(4)), shall offer to the alien 
        during the period of authorized employment wages that are at 
        least the actual wage level paid by the employer to all other 
        individuals with similar experience and qualifications for the 
        specific employment in question (but, in the case of an 
        employer with more than 25 employees, in no event shall such 
        wages be lower than the mean of the lowest one-half of wages 
        surveyed pursuant to section 212(p)(5)); 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. 207. 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. 208. 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. 209. 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

SEC. 301. 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, the wage level 
shall be the wage level specified in subparagraph (A), (B), or (C) of 
paragraph (5) depending on the experience, education, and level of 
supervision required for the position.'';
            (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,'';
            (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.''; and
            (6) by adding at the end the following:
    ``(6) An employer may use an independent authoritative survey 
approved by the Secretary of Labor for purposes of paragraph (5), if--
            ``(A) the survey data was collected within 24 months;
            ``(B) the survey was published within the prior 24 months;
            ``(C) the survey reflects the area of intended employment;
            ``(D) the employer's job description adequately matches the 
        job description in the survey;
            ``(E) the survey is across industries that employ workers 
        in the occupation;
            ``(F) the wage determination is based on the arithmetic 
        mean (weighted average); and
            ``(G) the survey identifies a statistically valid 
        methodology that was used to collect the data.''.
    (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. 302. STREAMLINING PETITIONS FOR ESTABLISHED EMPLOYERS.

    (a) In General.--Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)), as amended by this Act, is further amended by 
adding at the end the following:
    ``(16) 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.
                                                 Union Calendar No. 507

113th CONGRESS

  2d Session

                               H. R. 2131

                      [Report No. 113-676, Part I]

_______________________________________________________________________

                                 A BILL

   To amend the Immigration and Nationality Act to enhance American 
competitiveness through the encouragement of high-skilled immigration, 
                        and for other purposes.

_______________________________________________________________________

                           December 15, 2014

     Reported from the Committee on the Judiciary with an amendment

                           December 15, 2014

 The Committee on Education and the Workforce discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed