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

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Reported in House (12/15/2014)

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.

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.

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.

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.

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.”.

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.

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