I 

113TH CONGRESS 

1ST SESSION H. R. 2131 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2013 

Mr. ISSA (for himself, Mr. GOODLATTE, Mr. SMITH of Texas, Mr. COBLE, Mr. 

ROKITA, Mr. POE of Texas, Mr. FARENTHOLD, Mr. HOLDING, Mr. SENSENBRENNER, Mr. THOMPSON of Pennsylvania, Mr. CAMPBELL, Mr. 

CHABOT, Mr. BACHUS, Mr. HANNA, Mr. CALVERT, Mr. FRANKS of Arizona, and Mr. TERRY) introduced the following bill; which was referred 

to the Committee on the Judiciary, and in addition to the Committee on 

Education and the Workforce, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To amend the Immigration and Nationality Act to enhance 

American competitiveness through the encouragement of 

high-skilled immigration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Supplying Knowledge5 based Immigrants and Lifting Levels of STEM Visas Act’’ 

6 or the ‘‘SKILLS Visa Act’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—IMMIGRANT VISA REFORMS 

Sec. 101. Immigrant visas for certain advanced STEM graduates. 

Sec. 102. Immigrant visas for entrepreneurs. 

Sec. 103. Additional employment-based immigrant visas. 

Sec. 104. Employment creation immigrant visas. 

Sec. 105. Family-sponsored immigrant visas. 

Sec. 106. Elimination of diversity immigrant program. 

Sec. 107. Numerical limitation to any single foreign state. 

Sec. 108. Physicians. 

Sec. 109. Permanent priority dates. 

TITLE II—NONIMMIGRANT VISA REFORMS 

Sec. 201. H–1B visas. 

Sec. 202. L visas. 

Sec. 203. O visas. 

Sec. 204. Mexican and Canadian professionals. 

Sec. 205. Students. 

Sec. 206. Extension of employment eligibility while visa extension petition pending. 

Sec. 207. Fraud detection and prevention fee. 

Sec. 208. Technical correction. 

TITLE III—REFORMS AFFECTING BOTH IMMIGRANT AND 

NONIMMIGRANT VISAS 

Subtitle A—STEM Education Funding 

Sec. 301. Funding for STEM education and training. 

Sec. 302. Promoting American Ingenuity Account. 

Sec. 303. STEM education grant application process. 

Sec. 304. Authorized activities. 

Sec. 305. National evaluations. 

Sec. 306. Rule of construction. 

Subtitle B—Other Reforms 

Sec. 311. Prevailing wages. 

Sec. 312. Streamlining petitions for established employers. 


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1 TITLE I—IMMIGRANT VISA 

2 REFORMS 

3 SEC. 101. IMMIGRANT VISAS FOR CERTAIN ADVANCED 

4 STEM GRADUATES. 

5 (a) WORLDWIDE LEVEL OF IMMIGRATION.—Section 

6 201(d)(1)(A) of the Immigration and Nationality Act (8 

7 U.S.C. 1151(d)(1)(A)) is amended by striking ‘‘140,000,’’ 

8 and inserting ‘‘140,000 in fiscal years through 2013 and 

9 195,000 beginning in fiscal year 2014, reduced for any 

10 fiscal year beginning in fiscal year 2014 by the number 

11 by which the number of visas under section 201(e) would 

12 have been reduced in that year pursuant to section 203(d) 

13 of the Nicaraguan Adjustment and Central American Re14 lief Act (8 U.S.C. 1151 note) if section 201(e) had not 

15 been repealed by section 106 of the SKILLS Visa Act,’’. 

16 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT17 BASED IMMIGRANTS.—Section 203(b) of such Act (8 

18 U.S.C. 1153(b)) is amended— 

19 (1) by redesignating paragraph (6) as para20 graph (9); and 

21 (2) by inserting after paragraph (5) the fol22 lowing: 

23 ‘‘(6) ALIENS HOLDING DOCTORATE DEGREES

24 FROM U.S. DOCTORAL INSTITUTIONS OF HIGHER


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1 EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEER2 ING, OR MATHEMATICS.— 

3 ‘‘(A) IN GENERAL.—Visas shall be made 

4 available, in a number not to exceed 55,000, re5 duced for any fiscal year by the number by 

6 which the number of visas under section 201(e) 

7 would have been reduced in that year pursuant 

8 to section 203(d) of the Nicaraguan Adjust9 ment and Central American Relief Act (8 

10 U.S.C. 1151 note) if section 201(e) had not 

11 been repealed by section 106 of the SKILLS 

12 Visa Act, plus any visas not required for the 

13 classes specified in paragraph (1), to qualified 

14 immigrants who— 

15 ‘‘(i) hold a doctorate degree in a field 

16 of science, technology, engineering, or 

17 mathematics from a United States doctoral 

18 institution of higher education, or have 

19 successfully completed a dental, medical, or 

20 veterinary residency program (within the 

21 summary group of residency programs in 

22 the Department of Education’s Classifica23 tion of Instructional Programs taxonomy), 

24 have received a medical degree (MD) in a 

25 program that prepares individuals for the 


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1 independent professional practice of medi2 cine (series 51.12 in the Department of 

3 Education’s Classification of Instructional 

4 Programs taxonomy), have received a den5 tistry degree (DDS, DMD) in a program 

6 that prepares individuals for the inde7 pendent professional practice of dentistry/ 

8 dental medicine (series 51.04 in the De9 partment of Education’s Classification of 

10 Instructional Programs taxonomy), have 

11 received a veterinary degree (DVM) in a 

12 program that prepares individuals for the 

13 independent professional practice of veteri14 nary medicine (series 51.24 in the Depart15 ment of Education’s Classification of In16 structional Programs taxonomy), or have 

17 received an osteopathic medicine/osteop18 athy degree (DO) in a program that pre19 pares individuals for the independent pro20 fessional practice of osteopathic medicine 

21 (series 51.19 in the Department of Edu22 cation’s Classification of Instructional Pro23 grams taxonomy) from an institution that 

24 is described in subclauses (I), (III), and 

25 (IV) of subparagraph (B)(iii); and 


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1 ‘‘(ii) have taken all courses required 

2 for such degrees, including all courses 

3 taken by correspondence (including courses 

4 offered by telecommunications) or by dis5 tance education, while physically present in 

6 the United States. 

7 ‘‘(B) DEFINITIONS.—For purposes of this 

8 paragraph, paragraph (7), and sections 

9 101(a)(15)(F)(i)(I) and 212(a)(5)(A)(iii)(III): 

10 ‘‘(i) The term ‘distance education’ has 

11 the meaning given such term in section 

12 103 of the Higher Education Act of 1965 

13 (20 U.S.C. 1003). 

14 ‘‘(ii) The term ‘field of science, tech15 nology, engineering, or mathematics’ 

16 means a field included in the Department 

17 of Education’s Classification of Instruc18 tional Programs taxonomy within the sum19 mary groups of computer and information 

20 sciences and support services, engineering, 

21 biological and biomedical sciences, mathe22 matics and statistics, physical sciences, 

23 and the series geography and cartography 

24 (series 45.07), advanced/graduate dentistry 


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1 and oral sciences (series 51.05) and nurs2 ing (series 51.16). 

3 ‘‘(iii) The term ‘United States doc4 toral institution of higher education’ means 

5 an institution that— 

6 ‘‘(I) is described in section 

7 101(a) of the Higher Education Act 

8 of 1965 (20 U.S.C. 1001(a)) or is a 

9 proprietary institution of higher edu10 cation (as defined in section 102(b) of 

11 such Act (20 U.S.C. 1002(b))); 

12 ‘‘(II) was classified by the Car13 negie Foundation for the Advance14 ment of Teaching on January 1, 

15 2013, as a doctorate-granting univer16 sity with a very high or high level of 

17 research activity or classified by the 

18 National Science Foundation after the 

19 date of enactment of this paragraph, 

20 pursuant to an application by the in21 stitution, as having equivalent re22 search activity to those institutions 

23 that had been classified by the Car24 negie Foundation as being doctorateVerDate Mar 15 2010 17:13 May 31, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2131.IH H2131

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1 granting universities with a very high 

2 or high level of research activity; 

3 ‘‘(III) has been in existence for 

4 at least 10 years; and 

5 ‘‘(IV) is accredited by an accred6 iting body that is itself accredited ei7 ther by the Department of Education 

8 or by the Council for Higher Edu9 cation Accreditation. 

10 ‘‘(C) LABOR CERTIFICATION REQUIRED.— 

11 ‘‘(i) IN GENERAL.—Subject to clause 

12 (ii), the Secretary of Homeland Security 

13 may not approve a petition filed for classi14 fication of an alien under subparagraph 

15 (A) unless the Secretary of Homeland Se16 curity is in receipt of a determination 

17 made by the Secretary of Labor pursuant 

18 to the provisions of section 212(a)(5)(A), 

19 except that the Secretary of Homeland Se20 curity may, when the Secretary deems it to 

21 be in the national interest, waive this re22 quirement. 

23 ‘‘(ii) REQUIREMENT DEEMED SATIS24 FIED.—The requirement of clause (i) shall 

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1 ployer and an alien in a case in which a 

2 certification made under section 

3 212(a)(5)(A)(i) has already been obtained 

4 with respect to the alien by that employer. 

5 ‘‘(7) ALIENS HOLDING MASTER’S DEGREES

6 FROM U.S. DOCTORAL INSTITUTIONS OF HIGHER

7 EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEER8 ING, OR MATHEMATICS.— 

9 ‘‘(A) IN GENERAL.—Any visas not required 

10 for the classes specified in paragraphs (1) and 

11 (6) shall be made available to the classes of 

12 aliens who— 

13 ‘‘(i) hold a master’s degree in a field 

14 of science, technology, engineering, or 

15 mathematics from a United States doctoral 

16 institution of higher education that was ei17 ther part of a master’s program that re18 quired at least 2 years of enrollment or 

19 part of a 5-year combined baccalaureate20 master’s degree program in such field; 

21 ‘‘(ii) have taken all master’s degree 

22 courses in a field of science, technology, 

23 engineering, or mathematics, including all 

24 courses taken by correspondence (including 

25 courses offered by telecommunications) or 


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1 by distance education, while physically 

2 present in the United States; and 

3 ‘‘(iii) hold a baccalaureate degree in a 

4 field of science, technology, engineering, or 

5 mathematics. 

6 ‘‘(B) LABOR CERTIFICATION REQUIRED.— 

7 ‘‘(i) IN GENERAL.—Subject to clause 

8 (ii), the Secretary of Homeland Security 

9 may not approve a petition filed for classi10 fication of an alien under subparagraph 

11 (A) unless the Secretary of Homeland Se12 curity is in receipt of a determination 

13 made by the Secretary of Labor pursuant 

14 to the provisions of section 212(a)(5)(A), 

15 except that the Secretary of Homeland Se16 curity may, when the Secretary deems it to 

17 be in the national interest, waive this re18 quirement. 

19 ‘‘(ii) REQUIREMENT DEEMED SATIS20 FIED.—The requirement of clause (i) shall 

21 be deemed satisfied with respect to an em22 ployer and an alien in a case in which a 

23 certification made under section 

24 212(a)(5)(A)(i) has already been obtained 

25 with respect to the alien by that employer. 


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1 ‘‘(C) DEFINITIONS.—The definitions in 

2 paragraph (6)(B) shall apply for purposes of 

3 this paragraph.’’. 

4 (c) ALIENS WHO ARE MEMBERS OF THE PROFES5 SIONS HOLDING ADVANCED DEGREES OR ALIENS OF EX6 CEPTIONAL ABILITY.—Section 203(b)(2)(A) of such Act 

7 (8 U.S.C. 1153(b)(2)(A)) is amended by striking ‘‘para8 graph (1),’’ and inserting ‘‘paragraphs (1), (6), and (7),’’. 

9 (d) SKILLED WORKERS, PROFESSIONALS, AND

10 OTHER WORKERS.—Section 203(b)(3)(A) of such Act (8 

11 U.S.C. 1153(b)(3)(A)) is amended by striking ‘‘para12 graphs (1) and (2),’’ and inserting ‘‘paragraphs (1), (2), 

13 (6), and (7),’’. 

14 (e) PROCEDURE FOR GRANTING IMMIGRANT STA15 TUS.—Section 204(a)(1)(F) of such Act (8 U.S.C. 

16 1154(a)(1)(F)) is amended— 

17 (1) by striking ‘‘(F)’’ and inserting ‘‘(F)(i)’’; 

18 (2) by striking ‘‘or 203(b)(3)’’ and inserting 

19 ‘‘203(b)(3), 203(b)(6), or 203(b)(7)’’; 

20 (3) by striking ‘‘Attorney General’’ and insert21 ing ‘‘Secretary of Homeland Security’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(ii) The following processing standards shall apply 

24 with respect to petitions under clause (i) relating to alien 


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1 beneficiaries qualifying under paragraph (6) or (7) of sec2 tion 203(b): 

3 ‘‘(I) The Secretary of Homeland Security shall 

4 adjudicate such petitions not later than 60 days 

5 after the date on which the petition is filed. In the 

6 event that additional information or documentation 

7 is requested by the Secretary during such 60-day pe8 riod, the Secretary shall adjudicate the petition not 

9 later than 30 days after the date on which such in10 formation or documentation is received. 

11 ‘‘(II) The petitioner shall be notified in writing 

12 within 30 days of the date of filing if the petition 

13 does not meet the standards for approval. If the pe14 tition does not meet such standards, the notice shall 

15 include the reasons therefore and the Secretary shall 

16 provide an opportunity for the prompt resubmission 

17 of a modified petition.’’. 

18 (f) LABOR CERTIFICATION AND QUALIFICATION FOR

19 CERTAIN IMMIGRANTS.—Section 212(a)(5) of such Act (8 

20 U.S.C. 1182(a)(5)) is amended— 

21 (1) in subparagraph (A)— 

22 (A) in clause (ii)— 

23 (i) in subclause (I), by striking ‘‘, or’’ 

24 at the end and inserting a semicolon; 


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1 (ii) in subclause (II), by striking the 

2 period at the end and inserting ‘‘; or’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(III) holds a doctorate degree in 

6 a field of science, technology, engi7 neering, or mathematics from a 

8 United States doctoral institution of 

9 higher education (as defined in section 

10 203(b)(6)(B)(iii)).’’; 

11 (B) by redesignating clauses (ii) through 

12 (iv) as clauses (iii) through (v), respectively; 

13 (C) by inserting after clause (i) the fol14 lowing: 

15 ‘‘(ii) JOB ORDER.— 

16 ‘‘(I) IN GENERAL.—An employer 

17 who files an application under clause 

18 (i) shall submit a job order for the 

19 labor the alien seeks to perform to the 

20 State workforce agency in the State in 

21 which the alien seeks to perform the 

22 labor. The State workforce agency 

23 shall post the job order on its official 

24 agency website for a minimum of 30 

25 days and not later than 3 days after 


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1 receipt using the employment statis2 tics system authorized under section 

3 15 of the Wagner-Peyser Act (29 

4 U.S.C. 49 et seq.). 

5 ‘‘(II) LINKS.—The Secretary of 

6 Labor shall include links to the offi7 cial websites of all State workforce 

8 agencies on a single webpage of the 

9 official website of the Department of 

10 Labor.’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(vi) PROCESSING STANDARDS FOR

13 ALIEN BENEFICIARIES QUALIFYING UNDER

14 PARAGRAPHS (6) AND (7) OF SECTION

15 203(b).—The following processing stand16 ards shall apply with respect to applica17 tions under clause (i) relating to alien 

18 beneficiaries qualifying under paragraph 

19 (6) or (7) of section 203(b): 

20 ‘‘(I) The Secretary of Labor shall 

21 adjudicate such applications not later 

22 than 180 days after the date on which 

23 the application is filed. In the event 

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1 retary during such 180-day period, 

2 the Secretary shall adjudicate the ap3 plication not later than 60 days after 

4 the date on which such information or 

5 documentation is received. 

6 ‘‘(II) The applicant shall be noti7 fied in writing within 60 days of the 

8 date of filing if the application does 

9 not meet the standards for approval. 

10 If the application does not meet such 

11 standards, the notice shall include the 

12 reasons therefore and the Secretary 

13 shall provide an opportunity for the 

14 prompt resubmission of a modified ap15 plication.’’; and 

16 (2) in subparagraph (D), by striking ‘‘(2) or 

17 (3)’’ and inserting ‘‘(2), (3), (6), or (7)’’. 

18 (g) GAO STUDY.—Not later than June 30, 2019, the 

19 Comptroller General of the United States shall provide to 

20 the Congress the results of a study on the use by the Na21 tional Science Foundation of the classification authority 

22 provided under section 203(b)(6)(B)(iii)(II) of the Immi23 gration and Nationality Act (8 U.S.C. 

24 1153(b)(6)(B)(iii)(II)), as added by this section. 


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1 (h) PUBLIC INFORMATION.—The Secretary of Home2 land Security shall make available to the public on the 

3 official website of the Department of Homeland Security, 

4 and shall update not less than monthly, the following in5 formation (which shall be organized according to month 

6 and fiscal year) with respect to aliens granted status 

7 under paragraph (6) or (7) of section 203(b) of the Immi8 gration and Nationality Act (8 U.S.C. 1153(b)), as added 

9 by this section: 

10 (1) The name, city, and State of each employer 

11 who petitioned pursuant to either of such para12 graphs on behalf of one or more aliens who were 

13 granted status in the month and fiscal year to date. 

14 (2) The number of aliens granted status under 

15 either of such paragraphs in the month and fiscal 

16 year to date based upon a petition filed by such em17 ployer. 

18 (3) The occupations for which such alien or 

19 aliens were sought by such employer and the job ti20 tles listed by such employer on the petition. 

21 (i) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on October 1, 2014, and shall 

23 apply with respect to fiscal years beginning on or after 

24 such date. Nothing in the preceding sentence shall be con25 strued to prohibit the Secretary of Homeland Security 


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1 from accepting before such date petitions under section 

2 204(a)(1)(F) of the Immigration and Nationality Act (8 

3 U.S.C. 1154(a)(1)(F)) relating to alien beneficiaries quali4 fying under paragraph (6) or (7) of section 203(b) of such 

5 Act (8 U.S.C. 1153(b)) (as added by this section). 

6 SEC. 102. IMMIGRANT VISAS FOR ENTREPRENEURS. 

7 (a) PREFERENCE ALLOCATION FOR EMPLOYMENT8 BASED IMMIGRANTS.—Section 203(b) of the Immigration 

9 and Nationality Act (8 U.S.C. 1153(b)) is amended by in10 serting after paragraph (7) (as added by section 101 of 

11 this Act) the following: 

12 ‘‘(8) ALIEN ENTREPRENEURS.— 

13 ‘‘(A) IN GENERAL.—Visas shall be made 

14 available, in a number not to exceed 10,000, 

15 plus any visas not required for the classes speci16 fied in paragraphs (1), (2), and (3), to the fol17 lowing classes of aliens: 

18 ‘‘(i) VENTURE CAPITAL-BACKED

19 START-UP ENTREPRENEURS.— 

20 ‘‘(I) An alien is described in this 

21 clause if the alien intends to engage in 

22 a new commercial enterprise (includ23 ing a limited partnership) in the 

24 United States— 


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1 ‘‘(aa) with respect to which 

2 the alien has completed an in3 vestment agreement requiring an 

4 investment in the enterprise in 

5 an amount not less than 

6 $500,000, subject to subclause 

7 (III), on the part of— 

8 ‘‘(AA) a qualified ven9 ture capital operating com10 pany; or 

11 ‘‘(BB) 1 or more quali12 fied angel investors (of 

13 which at least 1 such inves14 tor is providing $100,000, 

15 subject to subclause (III), of 

16 the required investment); 

17 and 

18 ‘‘(bb) which will benefit the 

19 United States economy and, dur20 ing the 2-year period beginning 

21 on the date on which the visa is 

22 issued under this paragraph, 

23 will— 

24 ‘‘(AA) create full-time 

25 employment for at least 5 


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1 United States workers with2 in the enterprise; and 

3 ‘‘(BB) raise not less 

4 than an additional 

5 $1,000,000 in capital invest6 ment, subject to subclause 

7 (III), or generate not less 

8 than $1,000,000 in revenue, 

9 subject to subclause (III). 

10 ‘‘(II) DEFINITIONS.—For pur11 poses of this clause: 

12 ‘‘(aa) INVESTMENT.—The 

13 term ‘investment’ does not in14 clude any assets acquired, di15 rectly or indirectly, by unlawful 

16 means. 

17 ‘‘(bb) QUALIFIED ANGEL IN18 VESTOR.—The term ‘qualified 

19 angel investor’ means an indi20 vidual who— 

21 ‘‘(AA) is an accredited 

22 investor (as defined in sec23 tion 230.501(a) of title 17, 

24 Code of Federal Regulations 


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1 (as in effect on April 1, 

2 2010)); 

3 ‘‘(BB) is a United 

4 States citizen or an alien 

5 lawfully admitted to the 

6 United States for permanent 

7 residence; and 

8 ‘‘(CC) has made at 

9 least 2 equity investments of 

10 not less than $50,000 in 

11 each of the 3 years before 

12 the date of a petition by the 

13 qualified immigrant for clas14 sification under this para15 graph. 

16 ‘‘(cc) QUALIFIED VENTURE

17 CAPITAL OPERATING COMPANY.— 

18 The term ‘qualified venture cap19 ital operating company’ means an 

20 entity that— 

21 ‘‘(AA) is classified as a 

22 ‘venture capital operating 

23 company’ under section 

24 2510.3–101(d) of title 29, 

25 Code of Federal Regulations 


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1 (as in effect on July 1, 

2 2009); 

3 ‘‘(BB) is based in the 

4 United States; 

5 ‘‘(CC) is owned and 

6 controlled by United States 

7 citizens or aliens lawfully 

8 admitted to the United 

9 States for permanent resi10 dence; 

11 ‘‘(DD) has capital com12 mitments of not less than 

13 $10,000,000; 

14 ‘‘(EE) has been oper15 ating for a period of at least 

16 2 years before the date of 

17 the petition for classification 

18 under this paragraph; and 

19 ‘‘(FF) has made at 

20 least 2 investments of not 

21 less than $500,000 in each 

22 of the 2 years before the 

23 date of the petition for clas24 sification under this para25 graph. 


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1 ‘‘(III) INFLATION ADJUST2 MENT.—Effective for the first fiscal 

3 year that begins more than 6 months 

4 after the date of the enactment of this 

5 clause, and for each fiscal year there6 after, the amounts described in sub7 clauses (I) and (II) shall be increased 

8 by the percentage (if any) by which 

9 the Consumer Price Index for the 

10 month of June preceding the date on 

11 which such increase takes effect ex12 ceeds the Consumer Price Index for 

13 the same month of the preceding cal14 endar year. An increase described in 

15 the preceding sentence shall apply to 

16 aliens filing petitions under section 

17 204(a)(1)(H) on or after the date on 

18 which the increase takes effect. For 

19 purposes of this clause, the term 

20 ‘Consumer Price Index’ means the 

21 Consumer Price Index for all urban 

22 consumers published by the Depart23 ment of Labor. 

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1 erwise provided nonimmigrant status under 

2 section 101(a)(15)(E)(ii) (not including 

3 alien employees of the treaty investor) who 

4 have maintained that status for a min5 imum of 10 years and have benefitted the 

6 United States economy and created full7 time employment for not fewer than 5 

8 United States workers for a minimum of 

9 10 years. 

10 ‘‘(B) DEFINITIONS.—For purposes of this 

11 paragraph: 

12 ‘‘(i) The term ‘full-time employment’ 

13 has the meaning given such term in para14 graph (5). 

15 ‘‘(ii) The term ‘United States worker’ 

16 means an employee (other than the immi17 grant or the immigrant’s spouse, sons, or 

18 daughters) who— 

19 ‘‘(I) is a citizen or national of the 

20 United States; or 

21 ‘‘(II) is an alien who is lawfully 

22 admitted for permanent residence, is 

23 admitted as a refugee under section 

24 207, is granted asylum under section 

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1 thorized to be employed in the United 

2 States.’’. 

3 (b) PROCEDURES FOR GRANTING IMMIGRANT STA4 TUS.—Section 204(a)(1)(H) of the Immigration and Na5 tionality Act (8 U.S.C. 1154(a)(1)(H)) is amended— 

6 (1) by striking ‘‘section 203(b)(5)’’ and insert7 ing ‘‘paragraph (5) or (8) of section 203(b)’’; and 

8 (2) by striking ‘‘Attorney General’’ and insert9 ing ‘‘Secretary of Homeland Security’’. 

10 (c) CONDITIONAL PERMANENT RESIDENT STATUS.— 

11 (1) IN GENERAL.— 

12 (A) CONFORMING AMENDMENTS.—Section 

13 216A of the Immigration and Nationality Act 

14 (8 U.S.C. 1186b) is amended— 

15 (i) in the section heading, by striking 

16 ‘‘ENTREPRENEURS,’’ and inserting ‘‘INVES17 TORS,’’. 

18 (ii) by striking ‘‘Attorney General’’ 

19 each place such term appears and inserting 

20 ‘‘Secretary of Homeland Security’’; 

21 (iii) by striking ‘‘entrepreneur’’ each 

22 place such term appears and inserting ‘‘in23 vestor’’; and 


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1 (iv) In subsection (c)(3)(A), by strik2 ing ‘‘the such filing’’ and inserting ‘‘such 

3 filing’’. 

4 (B) TABLE OF CONTENTS.—The item re5 lating to section 216A in the table of contents 

6 of the Immigration and Nationality Act (8 

7 U.S.C. 1101 et seq.) is amended to read as fol8 lows: 

‘‘Sec. 216A. Conditional permanent resident status for certain alien investors, 

spouses, and children.’’. 

9 (2) CONDITIONAL PERMANENT RESIDENT STA10 TUS FOR CERTAIN ALIEN ENTREPRENEURS, 

11 SPOUSES, AND CHILDREN.— 

12 (A) IN GENERAL.—Chapter 2 of title II of 

13 the Immigration and Nationality Act (8 U.S.C. 

14 1181 et seq.) is amended by inserting after sec15 tion 216A the following: 

16 ‘‘SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS 

17 FOR CERTAIN ALIEN ENTREPRENEURS, 

18 SPOUSES, AND CHILDREN. 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) CONDITIONAL BASIS FOR STATUS.—Not21 withstanding any other provision of this Act, an 

22 alien entrepreneur (as defined in subsection (f)(1) of 

23 this section), alien spouse, and alien child (as de24 fined in subsection (f)(2) of this section) shall be 


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1 considered, at the time of obtaining the status of an 

2 alien lawfully admitted for permanent residence, to 

3 have obtained such status on a conditional basis sub4 ject to the provisions of this section. 

5 ‘‘(2) NOTICE OF REQUIREMENTS.— 

6 ‘‘(A) AT TIME OF OBTAINING PERMANENT

7 RESIDENCE.—At the time an alien entre8 preneur, alien spouse, or alien child obtains per9 manent resident status on a conditional basis 

10 under paragraph (1), the Secretary of Home11 land Security shall provide for notice to such an 

12 entrepreneur, spouse, or child respecting the 

13 provisions of this section and the requirements 

14 of subsection (c)(1) of this section to have the 

15 conditional basis of such status removed. 

16 ‘‘(B) AT TIME OF REQUIRED PETITION.— 

17 In addition, the Secretary of Homeland Secu18 rity shall attempt to provide notice to such an 

19 entrepreneur, spouse, or child, at or about the 

20 beginning of the 90-day period described in 

21 subsection (d)(2)(A) of this section, of the re22 quirements of subsection (c)(1) of this section. 

23 ‘‘(C) EFFECT OF FAILURE TO PROVIDE

24 NOTICE.—The failure of the Secretary of 

25 Homeland Security to provide a notice under 


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1 this paragraph shall not affect the enforcement 

2 of the provisions of this section with respect to 

3 such an entrepreneur, spouse, or child. 

4 ‘‘(b) TERMINATION OF STATUS IF FINDING THAT

5 QUALIFYING ENTREPRENEURSHIP IMPROPER.— 

6 ‘‘(1) IN GENERAL.—In the case of an alien en7 trepreneur with permanent resident status on a con8 ditional basis under subsection (a) of this section, if 

9 the Secretary of Homeland Security determines, be10 fore the second anniversary of the alien’s obtaining 

11 the status of lawful admission for permanent resi12 dence, that— 

13 ‘‘(A) the required investment in the com14 mercial enterprise under section 

15 203(b)(8)(A)(i)(I) was intended solely as a 

16 means of evading the immigration laws of the 

17 United States; 

18 ‘‘(B)(i) any requisite capital to be invested 

19 under section 203(b)(8)(A)(i)(I) had not been 

20 invested, or was not actively in the process of 

21 being invested; or 

22 ‘‘(ii) the alien was not sustaining the ac23 tions described in clause (i) throughout the pe24 riod of the alien’s residence in the United 

25 States; or 


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1 ‘‘(C) the alien was otherwise not con2 forming to the requirements of section 

3 203(b)(8)(A)(i); 

4 then the Secretary of Homeland Security shall so 

5 notify the alien involved and, subject to paragraph 

6 (2), shall terminate the permanent resident status of 

7 the alien (and the alien spouse and alien child) in8 volved as of the date of the determination. 

9 ‘‘(2) HEARING IN REMOVAL PROCEEDING.—Any 

10 alien whose permanent resident status is terminated 

11 under paragraph (1) may request a review of such 

12 determination in a proceeding to remove the alien. 

13 In such proceeding, the burden of proof shall be on 

14 the Secretary of Homeland Security to establish, by 

15 a preponderance of the evidence, that a condition de16 scribed in paragraph (1) is met. 

17 ‘‘(c) REQUIREMENTS OF TIMELY PETITION AND

18 INTERVIEW FOR REMOVAL OF CONDITION.— 

19 ‘‘(1) IN GENERAL.—In order for the conditional 

20 basis established under subsection (a) of this section 

21 for an alien entrepreneur, alien spouse, or alien child 

22 to be removed— 

23 ‘‘(A) the alien entrepreneur must submit 

24 to the Secretary of Homeland Security, during 

25 the period described in subsection (d)(2), a petiVerDate Mar 15 2010 17:13 May 31, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2131.IH H2131

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1 tion which requests the removal of such condi2 tional basis and which states, under penalty of 

3 perjury, the facts and information described in 

4 subsection (d)(1); and 

5 ‘‘(B) in accordance with subsection (d)(3), 

6 the alien entrepreneur must appear for a per7 sonal interview before an officer or employee of 

8 the Department of Homeland Security respect9 ing the facts and information described in sub10 section (d)(1). 

11 ‘‘(2) TERMINATION OF PERMANENT RESIDENT

12 STATUS FOR FAILURE TO FILE PETITION OR HAVE

13 PERSONAL INTERVIEW.— 

14 ‘‘(A) IN GENERAL.—In the case of an alien 

15 with permanent resident status on a conditional 

16 basis under subsection (a) of this section, if— 

17 ‘‘(i) no petition is filed with respect to 

18 the alien in accordance with the provisions 

19 of paragraph (1)(A); or 

20 ‘‘(ii) unless there is good cause shown, 

21 the alien entrepreneur fails to appear at 

22 the interview described in paragraph 

23 (1)(B) (if required under subsection (d)(3) 

24 of this section), the Secretary of Homeland 

25 Security shall terminate the permanent 


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1 resident status of the alien (and the alien’s 

2 spouse and children if it was obtained on 

3 a conditional basis under this section or 

4 section 216A) as of the second anniversary 

5 of the alien’s lawful admission for perma6 nent residence. 

7 ‘‘(B) HEARING IN REMOVAL PRO8 CEEDING.—In any removal proceeding with re9 spect to an alien whose permanent resident sta10 tus is terminated under subparagraph (A), the 

11 burden of proof shall be on the alien to estab12 lish compliance with the conditions of subpara13 graphs (A) and (B) of paragraph (1). 

14 ‘‘(3) DETERMINATION AFTER PETITION AND

15 INTERVIEW.— 

16 ‘‘(A) IN GENERAL.—If— 

17 ‘‘(i) a petition is filed in accordance 

18 with the provisions of paragraph (1)(A); 

19 and 

20 ‘‘(ii) the alien entrepreneur appears at 

21 any interview described in paragraph 

22 (1)(B); 

23 the Secretary of Homeland Security shall make 

24 a determination, within 90 days of the date of 

25 such filing or interview (whichever is later), as 


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1 to whether the facts and information described 

2 in subsection (d)(1) and alleged in the petition 

3 are true with respect to the qualifying commer4 cial enterprise. 

5 ‘‘(B) REMOVAL OR EXTENSION OF CONDI6 TIONAL BASIS.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), if the Secretary of 

9 Homeland Security determines that such 

10 facts and information are true, including 

11 demonstrating that the alien complied with 

12 subsection (d)(1)(B)(i), the Secretary shall 

13 so notify the alien involved and shall re14 move the conditional basis of the alien’s 

15 status effective as of the second anniver16 sary of the alien’s lawful admission for 

17 permanent residence. 

18 ‘‘(ii) EXCEPTION.—If the petition 

19 demonstrates that the facts and informa20 tion are true, including demonstrating that 

21 the alien is in compliance with section 

22 (d)(1)(B)(ii), then the Secretary of Home23 land Security may, in the Secretary’s dis24 cretion, extend the conditional status for 

25 an additional year at the end of which— 


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1 ‘‘(I) the alien must file a petition 

2 within 30 days after the third anni3 versary of the alien’s lawful admission 

4 for permanent residence dem5 onstrating that the alien complied 

6 with subsection (d)(1)(B)(i) and the 

7 Secretary shall remove the conditional 

8 basis of the alien’s status effective as 

9 of such third anniversary; or 

10 ‘‘(II) the conditional status shall 

11 terminate. 

12 ‘‘(C) DETERMINATION IF ADVERSE DETER13 MINATION.—If the Secretary of Homeland Se14 curity determines that such facts and informa15 tion are not true, the Secretary shall so notify 

16 the alien involved and, subject to subparagraph 

17 (D), shall terminate the permanent resident 

18 status of an alien entrepreneur, alien spouse, or 

19 alien child as of the date of the determination. 

20 ‘‘(D) HEARING IN REMOVAL PRO21 CEEDING.—Any alien whose permanent resident 

22 status is terminated under subparagraph (C) 

23 may request a review of such determination in 

24 a proceeding to remove the alien. In such pro25 ceeding, the burden of proof shall be on the 


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1 Secretary of Homeland Security to establish, by 

2 a preponderance of the evidence, that the facts 

3 and information described in subsection (d)(1) 

4 of this section and alleged in the petition are 

5 not true with respect to the qualifying commer6 cial enterprise. 

7 ‘‘(d) DETAILS OF PETITION AND INTERVIEW.— 

8 ‘‘(1) CONTENTS OF PETITION.—Each petition 

9 under subsection (c)(1)(A) shall contain facts and 

10 information demonstrating that— 

11 ‘‘(A)(i) any requisite capital to be invested 

12 under section 203(b)(8)(A)(i)(I) had been in13 vested, or was actively in the process of being 

14 invested; and 

15 ‘‘(ii) the alien sustained the actions de16 scribed in clause (i) throughout the period of 

17 the alien’s residence in the United States; 

18 ‘‘(B)(i) the alien created the employment 

19 required under section 

20 203(b)(8)(A)(i)(I)(bb)(AA); or 

21 ‘‘(ii) the alien is actively in the process of 

22 creating the employment required under section 

23 203(b)(8)(A)(i)(I)(bb)(AA) and will create such 

24 employment before the third anniversary of the 


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1 alien’s lawful admission for permanent resi2 dence; and 

3 ‘‘(C) the alien is otherwise conforming to 

4 the requirements of section 203(b)(8)(A)(i). 

5 ‘‘(2) PERIOD FOR FILING PETITION.— 

6 ‘‘(A) 90-DAY PERIOD BEFORE SECOND AN7 NIVERSARY.—Except as provided in subpara8 graph (B), the petition under subsection 

9 (c)(1)(A) of this section must be filed during 

10 the 90-day period before the second anniversary 

11 of the alien’s lawful admission for permanent 

12 residence. 

13 ‘‘(B) DATE PETITIONS FOR GOOD

14 CAUSE.—Such a petition may be considered if 

15 filed after such date, but only if the alien estab16 lishes to the satisfaction of the Secretary of 

17 Homeland Security good cause and extenuating 

18 circumstances for failure to file the petition 

19 during the period described in subparagraph 

20 (A). 

21 ‘‘(C) FILING OF PETITIONS DURING RE22 MOVAL.—In the case of an alien who is the sub23 ject of removal hearings as a result of failure 

24 to file a petition on a timely basis in accordance 

25 with subparagraph (A), the Secretary of HomeVerDate Mar 15 2010 17:13 May 31, 2013 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2131.IH H2131

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1 land Security may stay such removal pro2 ceedings against an alien pending the filing of 

3 the petition under subparagraph (B). 

4 ‘‘(3) PERSONAL INTERVIEW.—The interview 

5 under subsection (c)(1)(B) shall be conducted within 

6 90 days after the date of submitting a petition under 

7 subsection (c)(1)(A) and at a local office of the De8 partment of Homeland Security, designated by the 

9 Secretary of Homeland Security, which is convenient 

10 to the parties involved. The Secretary, in the Sec11 retary’s discretion, may waive the deadline for such 

12 an interview or the requirement for such an inter13 view in such cases as may be appropriate. 

14 ‘‘(e) TREATMENT OF PERIOD FOR PURPOSES OF

15 NATURALIZATION.—For purposes of title III, in the case 

16 of an alien who is in the United States as a lawful perma17 nent resident on a conditional basis under this section, the 

18 alien shall be considered to have been admitted as an alien 

19 lawfully admitted for permanent residence and to be in 

20 the United States as an alien lawfully admitted to the 

21 United States for permanent residence. 

22 ‘‘(f) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘alien entrepreneur’ means an 

24 alien who obtains the status of an alien lawfully ad25 mitted for permanent residence (whether on a condiVerDate Mar 15 2010 17:13 May 31, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2131.IH H2131

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1 tional basis or otherwise) under section 

2 203(b)(8)(A)(i)(I) of this title. 

3 ‘‘(2) The term ‘alien spouse’ and the term ‘alien 

4 child’ mean an alien who obtains the status of an 

5 alien lawfully admitted for permanent residence 

6 (whether on a conditional basis or otherwise) by vir7 tue of being the spouse or child, respectively, of an 

8 alien entrepreneur. 

9 ‘‘(3) The term ‘commercial enterprise’ includes 

10 a limited partnership.’’. 

11 (B) CLERICAL AMENDMENT.—The table of 

12 contents for such Act is amended by inserting 

13 after the item relating to section 216A the fol14 lowing: 

‘‘Sec. 216B. Conditional permanent resident status for certain alien entrepreneurs, spouses, and children.’’. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on October 1, 2013, and shall 

17 apply with respect to fiscal years beginning on or after 

18 such date. 

19 SEC. 103. ADDITIONAL EMPLOYMENT-BASED IMMIGRANT 

20 VISAS. 

21 (a) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

22 IMMIGRANTS.—Section 201(d)(1)(A) of the Immigration 

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1 ed by section 101, is further amended by striking 

2 ‘‘195,000’’ and inserting ‘‘235,000’’. 

3 (b) PRIORITY WORKERS.—Section 203(b)(1) of such 

4 Act (8 U.S.C. 1153(b)(1)) is amended by striking ‘‘28.6 

5 percent of such worldwide level,’’ and inserting ‘‘40,040,’’. 

6 (c) ALIENS WHO ARE MEMBERS OF THE PROFES7 SIONS HOLDING ADVANCED DEGREES OR ALIENS OF EX8 CEPTIONAL ABILITY.—Section 203(b)(2) of such Act (8 

9 U.S.C. 1153(b)(2)) is amended by striking ‘‘28.6 percent 

10 of such worldwide level,’’ and inserting ‘‘55,040,’’. 

11 (d) SKILLED WORKERS, PROFESSIONALS, AND

12 OTHER WORKERS.—Section 203(b)(3) of such Act (8 

13 U.S.C. 1153(b)(3)) is amended by striking ‘‘28.6 percent 

14 of such worldwide level,’’ and inserting ‘‘55,040,’’. 

15 (e) CERTAIN SPECIAL IMMIGRANTS.—Section 

16 203(b)(4) of such Act (8 U.S.C. 1153(b)(3)) is amended 

17 by striking ‘‘7.1 percent of such worldwide level,’’ and in18 serting ‘‘9,940,’’. 

19 (f) EMPLOYMENT CREATION.—Section 203(b)(5) of 

20 such Act (8 U.S.C. 1153(b)(4)) is amended by striking 

21 ‘‘7.1 percent of such worldwide level,’’ and inserting 

22 ‘‘9,940,’’. 

23 (g) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on October 1, 2013, and shall 


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1 apply with respect to fiscal years beginning on or after 

2 such date. 

3 SEC. 104. EMPLOYMENT CREATION IMMIGRANT VISAS. 

4 (a) CHANGES TO THE GENERAL PROGRAM.— 

5 (1) CAPITAL.—Section 203(b)(5)(C) of the Im6 migration and Nationality Act (8 U.S.C. 

7 1153(b)(5)(C)) is amended by adding at the end the 

8 following: 

9 ‘‘(iv) CAPITAL DEFINED.—For pur10 poses of this paragraph, the term ‘capital’ 

11 does not include any assets acquired, di12 rectly or indirectly, by unlawful means.’’. 

13 (2) INFLATION ADJUSTMENT.—Such section, as 

14 amended by paragraph (1), is further amended by 

15 adding at the end the following: 

16 ‘‘(v) INFLATION ADJUSTMENT.— 

17 ‘‘(I) INITIAL ADJUSTMENT.—As 

18 of the date of enactment of the 

19 SKILLS Visa Act, the amount speci20 fied in the first sentence of clause (i) 

21 shall be increased by the percentage 

22 (if any) by which the Consumer Price 

23 Index for the month preceding such 

24 enactment date exceeds the Consumer 

25 Price Index for the same month of 


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1 calendar year 1990. The increase de2 scribed in the preceding sentence shall 

3 apply to aliens filing petitions under 

4 section 204(a)(1)(H) on or after such 

5 enactment date. 

6 ‘‘(II) SUBSEQUENT ADJUST7 MENTS.—Effective for the first fiscal 

8 year that begins more than 6 months 

9 after the date of the enactment of this 

10 clause, and for each fiscal year there11 after, the amount described in sub12 clause (I) (as of the last increase to 

13 such amount) shall be increased by 

14 the percentage (if any) by which the 

15 Consumer Price Index for the month 

16 of June preceding the date on which 

17 such increase takes effect exceeds the 

18 Consumer Price Index for the same 

19 month of the preceding calendar year. 

20 An increase described in the preceding 

21 sentence shall apply to aliens filing 

22 petitions under section 204(a)(1)(H) 

23 on or after the date on which the in24 crease takes effect. 


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1 ‘‘(III) DEFINITION.—For pur2 poses of this clause, the term ‘Con3 sumer Price Index’ means the Con4 sumer Price Index for all urban con5 sumers published by the Department 

6 of Labor.’’. 

7 (3) FLEXIBILITY FOR JOB CREATION TIME PE8 RIOD.— 

9 (A) REMOVAL OF CONDITIONAL BASIS IF

10 FAVORABLE DETERMINATION.—Section 

11 216A(c)(3)(B) of the Immigration and Nation12 ality Act (8 U.S.C. 1186b(c)(3)(B)), is amend13 ed to read as follows: 

14 ‘‘(B) REMOVAL OR EXTENSION OF CONDI15 TIONAL BASIS.— 

16 ‘‘(i) IN GENERAL.—Except as pro17 vided under clause (ii), if the Secretary of 

18 Homeland Security determines that such 

19 facts and information are true, including 

20 demonstrating that the alien complied with 

21 section (d)(1)(B)(i), the Secretary shall so 

22 notify the alien involved and shall remove 

23 the conditional basis of the alien’s status 

24 effective as of the second anniversary of 


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1 the alien’s lawful admission for permanent 

2 residence. 

3 ‘‘(ii) EXCEPTION.—If the petition 

4 demonstrates that the facts and informa5 tion are true, including demonstrating that 

6 the alien is in compliance with section 

7 (d)(1)(B)(ii), then the Secretary of Home8 land Security may in the Secretary’s dis9 cretion extend the conditional status for an 

10 additional year at the end of which— 

11 ‘‘(I) the alien must file a petition 

12 within 30 days after the third anni13 versary of the alien’s lawful admission 

14 for permanent residence dem15 onstrating that the alien complied 

16 with section (d)(1)(B)(i) and the Sec17 retary shall remove the conditional 

18 basis of the alien’s status effective as 

19 of such third anniversary; or 

20 ‘‘(II) the conditional status shall 

21 terminate.’’. 

22 (B) CONTENTS OF PETITION.—Section 

23 216A(d)(1) of such Act (8 U.S.C. 1186b(d)(1)) 

24 is amended— 


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1 (i) by striking ‘‘and’’ at the end of 

2 subparagraph (A); 

3 (ii) by redesignating subparagraph 

4 ‘‘(B)’’ as subparagraph ‘‘(C)’’; and 

5 (iii) by inserting after subparagraph 

6 (A) the following: 

7 ‘‘(B)(i) created the employment required 

8 under section 203(b)(5)(A)(ii); or 

9 ‘‘(ii) is actively in the process of creating 

10 the employment required under section 

11 203(b)(5)(A)(ii) and will create such employ12 ment before the third anniversary of the alien’s 

13 lawful admission for permanent residence; 

14 and’’. 

15 (4) TARGETED EMPLOYMENT AREAS.— 

16 (A) TARGETED EMPLOYMENT AREA DE17 FINED.—Section 203(b)(5)(B)(ii) of the Immi18 gration and Nationality Act (8 U.S.C. 

19 1153(b)(5)(B)(ii)) is amended by striking ‘‘(of 

20 at least 150 percent of the national average 

21 rate)’’. 

22 (B) SET-ASIDE FOR TARGETED EMPLOY23 MENT AREA.—Section 203(b)(5)(B) of the Im24 migration and Nationality Act (8 U.S.C. 


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1 1153(b)(5)(B)) is amended by adding at the 

2 end the following: 

3 ‘‘(iv) DEFINITION.—In this para4 graph, the term ‘an area which has experi5 enced high unemployment’ means an area 

6 which has an unemployment rate of at 

7 least 150 of the national average rate. 

8 Such an area must fit entirely within a 

9 geographical unit that the Secretary of 

10 Labor has determined has an unemploy11 ment rate of at least 150 percent of the 

12 national average rate (and which deter13 mination has not been superseded by a 

14 later determination in which the Secretary 

15 of Labor has found that the unit did not 

16 have an unemployment rate of at least 150 

17 percent of the national average rate). The 

18 Secretary of Labor shall set forth a uni19 form methodology for determining whether 

20 an area an area qualifies as having experi21 enced unemployment of at least 150 per22 cent of the national average rate. It shall 

23 be within the discretion of the Secretary of 

24 Homeland Security to determine whether 

25 any particular area has experienced high 


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1 unemployment for purposes of this para2 graph, and the Secretary shall not be 

3 bound by the determination of any other 

4 governmental or nongovernmental entity 

5 that a particular area has experienced high 

6 unemployment for purposes of this para7 graph.’’. 

8 (b) REGIONAL CENTERS.— 

9 (1) PERMANENT REAUTHORIZATION OF THE

10 REGIONAL CENTER PILOT PROGRAM.—Section 610 

11 of the Departments of Commerce, Justice, and 

12 State, the Judiciary, and Related Agencies Appro13 priations Act, 1993 (8 U.S.C. 1153 note) is amend14 ed— 

15 (A) by striking ‘‘pilot’’ each place such 

16 term appears; and 

17 (B) in subsection (b), by striking ‘‘until 

18 September 30, 2015’’. 

19 (2) PERSONS BARRED FROM INVOLVEMENT IN

20 REGIONAL CENTERS.— 

21 (A) PROHIBITION.—Such section 610 is 

22 amended by adding at the end the following: 

23 ‘‘(e)(1) No person who— 


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1 ‘‘(A) has been convicted of an aggravated felony 

2 (as defined in section 101(a)(43) of the Immigration 

3 and Nationality Act (8 U.S.C. 1101(a)(43))); 

4 ‘‘(B) would be inadmissible under section 

5 212(a)(3) of such Act (8 U.S.C. 1182(a)(3)) if they 

6 were an alien seeking admission; or 

7 ‘‘(C) has been convicted of violating, or found 

8 to have violated, a fraud provision of the Federal se9 curities laws (as such term is defined under section 

10 3 of the Securities Exchange Act of 1934 (15 U.S.C. 

11 78c)), 

12 shall be permitted by any regional center to be in13 volved with the regional center as its principal, rep14 resentative, administrator, owner, officer, board 

15 member, manager, executive, general partner, fidu16 ciary, marketer, promoter, or in other similar posi17 tion of substantive authority for the operations, 

18 management, or promotion of the regional center. 

19 ‘‘(2) The Secretary of Homeland Security shall re20 quire such attestations and information (including biomet21 ric information), and shall perform such criminal record 

22 checks and other background checks with respect to a re23 gional center, and persons involved in a regional center 

24 as described in paragraph (1), as the Secretary, in the 

25 Secretary’s discretion, considers appropriate to determine 


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1 whether the regional center is in compliance with para2 graph (1). 

3 ‘‘(3) The Secretary is authorized, in the Secretary’s 

4 unreviewable discretion, to terminate any regional center 

5 from the program under this section if the Secretary de6 termines that— 

7 ‘‘(A) the regional center is in violation of para8 graph (1); 

9 ‘‘(B) the regional center, or any person involved 

10 with the regional center as described in paragraph 

11 (1), has provided any false attestation or informa12 tion under paragraph (2); or 

13 ‘‘(C) the regional center, or any person involved 

14 with the regional center as described in paragraph 

15 (1), fails to provide an attestation or information re16 quested by the Secretary under paragraph (2). 

17 ‘‘(4) For the purpose of this subsection, the 

18 term ‘regional center’ shall, in addition to the re19 gional center itself, include any commercial enter20 prise or job creating enterprise in which a regional 

21 center has invested.’’. 

22 (B) COMPLIANCE WITH SECURITIES

23 LAWS.—Such section 610, as amended by sub24 paragraph (A), is further amended by adding at 

25 the end the following: 


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1 ‘‘(f)(1) The Secretary of Homeland Security shall not 

2 approve an application for regional center designation or 

3 regional center amendment that does not certify that the 

4 regional center and all parties to the regional center are 

5 in and will maintain compliance with Federal securities 

6 laws (as such term is defined under section 3 of the Secu7 rities Exchange Act of 1934 (15 U.S.C. 78c)). 

8 ‘‘(2) The Secretary of Homeland Security shall imme9 diately terminate the designation of any regional center 

10 that does not provide the certification described in para11 graph (1) on an annual basis. 

12 ‘‘(3) In addition to any other authority provided to 

13 the Secretary of Homeland Security regarding the pro14 gram described in this section, the Secretary may suspend 

15 or terminate the designation of any regional center if the 

16 Secretary determines that the regional center, or any 

17 party to the regional center: 

18 ‘‘(A) is permanently or temporarily enjoined by 

19 order, judgment, or decree of any court of competent 

20 jurisdiction in connection with the purchase or sale 

21 of a security; 

22 ‘‘(B) is subject to any order of the Securities 

23 and Exchange Commission that bars such person 

24 from association with an entity regulated by the Se25 curities and Exchange Commission, or constitutes a 


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1 final order based on violations in connection with the 

2 purchase or sale of a security; 

3 ‘‘(C) has been convicted of violating, or found 

4 to have violated, a fraud provision of the Federal se5 curities laws (as such term is defined under section 

6 3 of the Securities Exchange Act of 1934 (15 U.S.C. 

7 78c)); or 

8 ‘‘(D) knowingly submitted or caused to be sub9 mitted a certification described in paragraphs (1) or 

10 (2) of this subsection that contained an untrue 

11 statement of material fact, or omitted to state a ma12 terial fact necessary, in order to make the state13 ments made, in light of the circumstances under 

14 which they were made, not misleading. 

15 ‘‘(4) Nothing in this subsection shall be construed to 

16 impair or limit the authority of the Securities and Ex17 change Commission under the Federal securities laws. 

18 ‘‘(5) For the purpose of this subsection, the term 

19 ‘party to the regional center’ shall include, in addition to 

20 the regional center itself, its agents, servants, employees, 

21 attorneys, or any persons in active concert or participation 

22 with the regional center.’’. 

23 (c) EFFECTIVE DATES.— 

24 (1) IN GENERAL.—Except for the amendments 

25 made by paragraphs (1) and (2) of subsection (a), 


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1 the amendments made by subsections (a) and (b) 

2 shall take effect on the date of the enactment of this 

3 Act and shall apply— 

4 (A) to aliens filing petitions under section 

5 204(a)(1)(H) of the Immigration and Nation6 ality Act (8 U.S.C. 1154(a)(1)(H)) on or after 

7 such date; 

8 (B) to a regional center (and any person 

9 involved with or a party to a regional center) 

10 designated before, on, or after such date; and 

11 (C) to any application to designate a re12 gional center, and any person involved with or 

13 a party to the regional center, that is pending 

14 on such date. 

15 (2) DEFINITION OF ‘‘CAPITAL’’.—The amend16 ment made by subsection (a)(1) shall take effect on 

17 the date of the enactment of this Act. 

18 (3) INFLATION ADJUSTMENT.—The amendment 

19 made by subsection (a)(2) shall take effect as pro20 vided in section 203(b)(5)(C)(v) of the Immigration 

21 and Nationality Act, as added by subsection (a)(2) 

22 of this section. 


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1 SEC. 105. FAMILY-SPONSORED IMMIGRANT VISAS. 

2 (a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM3 MIGRANTS.—Section 201(c)(1) of the Immigration and 

4 Nationality Act (8 U.S.C. 1151(c)(1)) is amended— 

5 (1) in subparagraph (A)(i), by striking 

6 ‘‘480,000,’’ and inserting ‘‘480,000 in fiscal years 

7 through 2013 and 440,000 beginning in fiscal year 

8 2014,’’; and 

9 (2) in subparagraph (B)(ii), by striking 

10 ‘‘226,000.’’ and inserting ‘‘226,000 in fiscal years 

11 through 2013 and 186,000 beginning in fiscal year 

12 2014.’’. 

13 (b) PREFERENCE ALLOCATION FOR FAMILY-SPON14 SORED IMMIGRANTS.—Section 203(a)(2) of such Act (8 

15 U.S.C. 1153(a)(2)) is amended— 

16 (1) by striking ‘‘114,200,’’ and inserting 

17 ‘‘139,200,’’; 

18 (2) by striking ‘‘226,000,’’ and inserting 

19 ‘‘226,000 in fiscal years through 2013 and 186,000 

20 beginning in fiscal year 2014,’’; and 

21 (3) by striking ‘‘77’’ and inserting ‘‘81.13’’. 

22 (c) BROTHERS AND SISTERS OF CITIZENS.—Section 

23 203(a) of such Act (8 U.S.C. 1151(a)) is amended by 

24 striking paragraph (4). 

25 (d) EFFECTIVE DATE.—The amendments made by 

26 this section shall take effect on October 1, 2014, and shall 


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1 apply with respect to fiscal years beginning on or after 

2 such date. 

3 SEC. 106. ELIMINATION OF DIVERSITY IMMIGRANT PRO4 GRAM. 

5 (a) WORLDWIDE LEVEL OF DIVERSITY IMMI6 GRANTS.—Section 201 of the Immigration and Nation7 ality Act (8 U.S.C. 1151) is amended— 

8 (1) in subsection (a)— 

9 (A) by inserting ‘‘and’’ at the end of para10 graph (1); 

11 (B) by striking ‘‘; and’’ at the end of para12 graph (2) and inserting a period; and 

13 (C) by striking paragraph (3); and 

14 (2) by striking subsection (e). 

15 (b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.— 

16 Section 203 of such Act (8 U.S.C. 1153) is amended— 

17 (1) by striking subsection (c); 

18 (2) in subsection (d), by striking ‘‘(a), (b), or 

19 (c),’’ and inserting ‘‘(a) or (b),’’; 

20 (3) in subsection (e), by striking paragraph (2) 

21 and redesignating paragraph (3) as paragraph (2); 

22 (4) in subsection (f), by striking ‘‘(a), (b), or 

23 (c)’’ and inserting ‘‘(a) or (b)’’; and 

24 (5) in subsection (g), by striking ‘‘(a), (b), and 

25 (c)’’ and inserting ‘‘(a) and (b)’’. 


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1 (c) PROCEDURE FOR GRANTING IMMIGRANT STA2 TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend3 ed— 

4 (1) by striking subsection (a)(1)(I); and 

5 (2) in subsection (e), by striking ‘‘(a), (b), or 

6 (c)’’ and inserting ‘‘(a) or (b)’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on October 1, 2013, and shall 

9 apply with respect to fiscal years beginning on or after 

10 such date. 

11 SEC. 107. NUMERICAL LIMITATION TO ANY SINGLE FOR12 EIGN STATE. 

13 (a) IN GENERAL.—Section 202(a)(2) of the Immi14 gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 

15 amended— 

16 (1) in the paragraph heading, by striking ‘‘AND

17 EMPLOYMENT-BASED’’; 

18 (2) by striking ‘‘(3), (4), and (5),’’ and insert19 ing ‘‘(3) and (4),’’; 

20 (3) by striking ‘‘subsections (a) and (b) of sec21 tion 203’’ and inserting ‘‘section 203(a)’’; 

22 (4) by striking ‘‘7’’ and inserting ‘‘15’’; and 

23 (5) by striking ‘‘such subsections’’ and inserting 

24 ‘‘such section’’. 


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1 (b) CONFORMING AMENDMENTS.—Section 202 of the 

2 Immigration and Nationality Act (8 U.S.C. 1152) is 

3 amended— 

4 (1) in subsection (a)(3), by striking ‘‘both sub5 sections (a) and (b) of section 203’’ and inserting 

6 ‘‘section 203(a)’’; 

7 (2) by striking subsection (a)(5); and 

8 (3) by amending subsection (e) to read as fol9 lows: 

10 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

11 If it is determined that the total number of immigrant 

12 visas made available under section 203(a) to natives of 

13 any single foreign state or dependent area will exceed the 

14 numerical limitation specified in subsection (a)(2) in any 

15 fiscal year, in determining the allotment of immigrant visa 

16 numbers to natives under section 203(a), visa numbers 

17 with respect to natives of that state or area shall be allo18 cated (to the extent practicable and otherwise consistent 

19 with this section and section 203) in a manner so that, 

20 except as provided in subsection (a)(4), the proportion of 

21 the visa numbers made available under each of paragraphs 

22 (1) through (4) of section 203(a) is equal to the ratio of 

23 the total number of visas made available under the respec24 tive paragraph to the total number of visas made available 

25 under section 203(a).’’. 


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1 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

2 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

3 note) is amended— 

4 (1) in subsection (a), by striking ‘‘subsection 

5 (e))’’ and inserting ‘‘subsection (d))’’; and 

6 (2) by striking subsection (d) and redesignating 

7 subsection (e) as subsection (d). 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on October 1, 2013. 

10 SEC. 108. PHYSICIANS. 

11 (a) PERMANENT AUTHORIZATION OF THE CONRAD

12 STATE 30 PROGRAM.—Section 220(c) of the Immigration 

13 and Nationality Technical Corrections Act of 1994 (Public 

14 Law 103–416; 8 U.S.C. 1182 note) is amended by striking 

15 ‘‘and before September 30, 2015’’. 

16 (b) ALLOTMENT OF CONRAD 30 WAIVERS.— 

17 (1) IN GENERAL.—Section 214(l) of the Immi18 gration and Nationality Act (8 U.S.C. 1184(l)) is 

19 amended by adding at the end the following: 

20 ‘‘(4)(A)(i) All States shall be allotted a total of 35 

21 waivers under paragraph (1)(B) for a fiscal year if 90 per22 cent of the waivers available to the States receiving at 

23 least 5 waivers were used in the previous fiscal year. 

24 ‘‘(ii) When an allocation has occurred under clause 

25 (i), all States shall be allotted an additional 5 waivers 


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1 under paragraph (1)(B) for each subsequent fiscal year 

2 if 90 percent of the waivers available to the States receiv3 ing at least 5 waivers were used in the previous fiscal year. 

4 If the States are allotted 45 or more waivers for a fiscal 

5 year, the States will only receive an additional increase 

6 of 5 waivers the following fiscal year if 95 percent of the 

7 waivers available to the States receiving at least 1 waiver 

8 were used in the previous fiscal year. 

9 ‘‘(B) Any increase in allotments under subparagraph 

10 (A) shall be maintained indefinitely, unless in a fiscal year, 

11 the total number of such waivers granted is 5 percent 

12 lower than in the last year in which there was an increase 

13 in the number of waivers allotted pursuant to this para14 graph, in which case— 

15 ‘‘(i) the number of waivers allotted shall be de16 creased by 5 for all States beginning in the next fis17 cal year; and 

18 ‘‘(ii) each additional 5 percent decrease in such 

19 waivers granted from the last year in which there 

20 was an increase in the allotment, shall result in an 

21 additional decrease of 5 waivers allotted for all 

22 States, provided that the number of waivers allotted 

23 for all States shall not drop below 30.’’. 


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1 (2) ACADEMIC MEDICAL CENTERS.—Section 

2 214(l)(1)(D) of the Immigration and Nationality Act 

3 (8 U.S.C. 1184(l)(1)(D)) is amended— 

4 (A) in clause (ii), by striking ‘‘and’’ at the 

5 end; 

6 (B) in clause (iii), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(iv) in the case of a request by an inter10 ested State agency— 

11 ‘‘(I) the head of such agency deter12 mines that the alien is to practice medicine 

13 in, or be on the faculty of a residency pro14 gram at, an academic medical center (as 

15 that term is defined in section 

16 411.355(e)(2) of title 42, Code of Federal 

17 Regulations, or similar successor regula18 tion), without regard to whether such facil19 ity is located within an area designated by 

20 the Secretary of Health and Human Serv21 ices as having a shortage of health care 

22 professionals; and 

23 ‘‘(II) the head of such agency deter24 mines that— 


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1 ‘‘(aa) the alien physician’s work 

2 is in the public interest; and 

3 ‘‘(bb) the grant of such waiver 

4 would not cause the number of the 

5 waivers granted on behalf of aliens for 

6 such State for a fiscal year (within 

7 the limitation in subparagraph (B) 

8 and subject to paragraph (4)) in ac9 cordance with the conditions of this 

10 clause to exceed 3.’’. 

11 (c) EMPLOYMENT PROTECTIONS FOR PHYSICIANS.— 

12 (1) IN GENERAL.—Section 214(l)(1)(C) of the 

13 Immigration and Nationality Act (8 U.S.C. 

14 1184(l)(1)(C)) is amended by striking clauses (i) 

15 and (ii) and inserting the following: 

16 ‘‘(i) the alien demonstrates a bona fide 

17 offer of full-time employment, at a health care 

18 organization, which employment has been deter19 mined by the Secretary of Homeland Security 

20 to be in the public interest; and 

21 ‘‘(ii) the alien agrees to begin employment 

22 with the health facility or health care organiza23 tion in a geographic area or areas which are 

24 designated by the Secretary of Health and 

25 Human Services as having a shortage of health 


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1 care professionals by the later of the date that 

2 is 90 days after receiving such waiver, 90 days 

3 after completing graduate medical education or 

4 training under a program approved pursuant to 

5 section 212(j)(1), or 90 days after receiving 

6 nonimmigrant status or employment authoriza7 tion, and agrees to continue to work for a total 

8 of not less than 3 years in any status author9 ized for such employment under this subsection 

10 unless— 

11 ‘‘(I) the Secretary determines that ex12 tenuating circumstances exist that justify a 

13 lesser period of employment at such facility 

14 or organization, in which case the alien 

15 shall demonstrate another bona fide offer 

16 of employment at a health facility or 

17 health care organization, for the remainder 

18 of such 3-year period; 

19 ‘‘(II) the interested State agency that 

20 requested the waiver attests that extenu21 ating circumstances exist that justify a 

22 lesser period of employment at such facility 

23 or organization in which case the alien 

24 shall demonstrate another bona fide offer 

25 of employment at a health facility or 


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1 health care organization so designated by 

2 the Secretary of Health and Human Serv3 ices, for the remainder of such 3-year pe4 riod; or 

5 ‘‘(III) if the alien elects not to pursue 

6 a determination of extenuating cir7 cumstances pursuant to subclause (I) or 

8 (II), the alien terminates the alien’s em9 ployment relationship with such facility or 

10 organization, in which case the alien shall 

11 be employed for the remainder of such 3- 

12 year period, and 1 additional year for each 

13 determination, at another health facility or 

14 health care organization in a geographic 

15 area or areas which are designated by the 

16 Secretary of Health and Human Services 

17 as having a shortage of health care profes18 sionals; and’’. 

19 (2) CONTRACT REQUIREMENTS.—Section 214(l) 

20 of the Immigration and Nationality Act (8 U.S.C. 

21 1184(l)), as amended by subsection (b)(1), is further 

22 amended by adding at the end the following: 

23 ‘‘(5) An alien granted a waiver under paragraph 

24 (1)(C) shall enter into an employment agreement with the 


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1 contracting health facility or health care organization 

2 that— 

3 ‘‘(A) specifies the maximum number of on-call 

4 hours per week (which may be a monthly average) 

5 that the alien will be expected to be available and 

6 the compensation the alien will receive for on-call 

7 time; 

8 ‘‘(B) specifies whether the contracting facility 

9 or organization will pay for the alien’s malpractice 

10 insurance premiums, including whether the employer 

11 will provide malpractice insurance and, if so, the 

12 amount of such insurance that will be provided; 

13 ‘‘(C) describes all of the work locations that the 

14 alien will work and a statement that the contracting 

15 facility or organization will not add additional work 

16 locations without the approval of the Federal agency 

17 or State agency that requested the waiver; and 

18 ‘‘(D) does not include a non-compete provision. 

19 ‘‘(6) An alien granted a waiver under paragraph 

20 (1)(C) whose employment relationship with a health facil21 ity or health care organization terminates during the 3- 

22 year service period required by such paragraph— 

23 ‘‘(A) shall have a period of 120 days beginning 

24 on the date of such determination of employment to 

25 submit to the Secretary of Homeland Security appliVerDate Mar 15 2010 17:13 May 31, 2013 Jkt 029200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H2131.IH H2131

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1 cations or petitions to commence employment with 

2 another contracting health facility or health care or3 ganization in a geographic area or areas which are 

4 designated by the Secretary of Health and Human 

5 Services as having a shortage of health care profes6 sionals; and 

7 ‘‘(B) shall be considered to be maintaining law8 ful status in an authorized stay during the 120-day 

9 period referred to in subparagraph (A).’’. 

10 (d) AMENDMENTS TO THE PROCEDURES, DEFINI11 TIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN

12 IMMIGRATION.— 

13 (1) DUAL INTENT FOR PHYSICIANS SEEKING

14 GRADUATE MEDICAL TRAINING.—Section 214(b) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1184(b)) is amended by striking ‘‘(other than a non17 immigrant described in subparagraph (L) or (V) of 

18 section 101(a)(15), and other than a nonimmigrant 

19 described in any provision of section 

20 101(a)(15)(H)(i) except subclause (b1) of such sec21 tion)’’ and inserting ‘‘(other than a nonimmigrant 

22 described in subparagraph (L) or (V) of section 

23 101(a)(15), a nonimmigrant described in any provi24 sion of section 101(a)(15)(H)(i), except subclause 

25 (b1) of such section, and an alien coming to the 


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1 United States to receive graduate medical education 

2 or training as described in section 212(j) or to take 

3 examinations required to receive graduate medical 

4 education or training as described in section 

5 212(j))’’. 

6 (2) ALLOWABLE VISA STATUS FOR PHYSICIANS

7 FULFILLING WAIVER REQUIREMENTS IN MEDICALLY

8 UNDERSERVED AREAS.—Section 214(l)(2)(A) of the 

9 Immigration and Nationality Act (8 U.S.C. 

10 1184(l)(2)(A)) is amended by striking ‘‘an alien de11 scribed in section 101(a)(15)(H)(i)(b).’’ and insert12 ing ‘‘any status authorized for employment under 

13 this Act.’’. 

14 (3) PHYSICIAN NATIONAL INTEREST WAIVER

15 CLARIFICATIONS.— 

16 (A) PRACTICE AND GEOGRAPHIC AREA.— 

17 Section 203(b)(2)(B)(ii)(I) of the Immigration 

18 and Nationality Act (8 U.S.C. 

19 1153(b)(2)(B)(ii)(I)) is amended by striking 

20 items (aa) and (bb) and inserting the following: 

21 ‘‘(aa) the alien physician agrees to 

22 work on a full-time basis practicing pri23 mary care, specialty medicine, or a com24 bination thereof, in an area or areas des25 ignated by the Secretary of Health and 


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1 Human Services as having a shortage of 

2 health care professionals, or at a health 

3 care facility under the jurisdiction of the 

4 Secretary of Veterans Affairs; or 

5 ‘‘(bb) the alien physician is pursuing 

6 such waiver based upon service at a facility 

7 or facilities that serve patients who reside 

8 in a geographic area or areas designated 

9 by the Secretary of Health and Human 

10 Services as having a shortage of health 

11 care professionals (without regard to 

12 whether such facility or facilities are lo13 cated within such an area) and a Federal 

14 agency, or a local, county, regional, or 

15 State department of public health deter16 mines the alien physician’s work was or 

17 will be in the public interest.’’. 

18 (B) FIVE-YEAR SERVICE REQUIREMENT.— 

19 Section 203(b)(2)(B)(ii)(II) of the Immigration 

20 and Nationality Act (8 U.S.C. 1153(B)(ii)(II)) 

21 is amended— 

22 (i) by inserting ‘‘(aa)’’ after ‘‘(II)’’; 

23 and 

24 (ii) by adding at the end the fol25 lowing: 


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1 ‘‘(bb) The 5-year service requirement of 

2 item (aa) shall be counted from the date the 

3 alien physician begins work in the shortage area 

4 in any legal status and not the date an immi5 grant visa petition is filed or approved. Such 

6 service shall be aggregated without regard to 

7 when such service began and without regard to 

8 whether such service began during or in con9 junction with a course of graduate medical edu10 cation. 

11 ‘‘(cc) An alien physician shall not be re12 quired to submit an employment contract with 

13 a term exceeding the balance of the 5-year com14 mitment yet to be served, nor an employment 

15 contract dated within a minimum time period 

16 prior to filing of a visa petition pursuant to this 

17 subsection. 

18 ‘‘(dd) An alien physician shall not be re19 quired to file additional immigrant visa peti20 tions upon a change of work location from the 

21 location approved in the original national inter22 est immigrant petition.’’. 

23 (4) TECHNICAL CLARIFICATION REGARDING AD24 VANCED DEGREE FOR PHYSICIANS.—Section 

25 203(b)(2)(A) of the Immigration and Nationality 


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1 Act (8 U.S.C. 1153(b)(2)(A)) is amended by adding 

2 at the end ‘‘An alien physician holding a foreign 

3 medical degree that has been deemed sufficient for 

4 acceptance by an accredited United States medical 

5 residency or fellowship program is a member of the 

6 professions holding an advanced degree or its equiv7 alent.’’. 

8 (5) SHORT-TERM WORK AUTHORIZATION FOR

9 PHYSICIANS COMPLETING THEIR RESIDENCIES.—A 

10 physician completing graduate medical education or 

11 training as described in section 212(j) of the Immi12 gration and Nationality Act (8 U.S.C. 1182(j)) as a 

13 nonimmigrant described section 101(a)(15)(H)(i) of 

14 such Act (8 U.S.C. 1101(a)(15)(H)(i)) shall have 

15 such nonimmigrant status automatically extended 

16 until October 1 of the fiscal year for which a petition 

17 for a continuation of such nonimmigrant status has 

18 been submitted in a timely manner and where the 

19 employment start date for the beneficiary of such 

20 petition is October 1 of that fiscal year. Such physi21 cian shall be authorized to be employed incident to 

22 status during the period between the filing of such 

23 petition and October 1 of such fiscal year. However, 

24 the physician’s status and employment authorization 

25 shall terminate 30 days from the date such petition 


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1 is rejected, denied or revoked. A physician’s status 

2 and employment authorization will automatically ex3 tend to October 1 of the next fiscal year if all visas 

4 as described in such section 101(a)(15)(H)(i) au5 thorized to be issued for the fiscal year have been 

6 issued. 

7 (6) APPLICABILITY OF SECTION 212(e) TO

8 SPOUSES AND CHILDREN OF J–1 EXCHANGE VISI9 TORS.—A spouse or child of an exchange visitor de10 scribed in section 101(a)(15)(J) of the Immigration 

11 and Nationality Act (8 U.S.C. 1101(a)(15)(J)) shall 

12 not be subject to the requirements of section 212(e) 

13 of the Immigration and Nationality Act (8 U.S.C. 

14 1182(e)). 

15 (e) EFFECTIVE DATE.—The amendments made by 

16 subsections (a) and (c) shall take effect on the date of 

17 the enactment of this Act and shall apply to aliens granted 

18 waivers before, on, or after the date of the enactment of 

19 this Act. Subsection (d), and the amendments made by 

20 subsections (b) and (d), shall take effect on October 1, 

21 2013. 

22 SEC. 109. PERMANENT PRIORITY DATES. 

23 (a) IN GENERAL.—Section 203 of the Immigration 

24 and Nationality Act (8 U.S.C. 1153) is amended by add25 ing at the end the following: 


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1 ‘‘(i) PERMANENT PRIORITY DATES.— 

2 ‘‘(1) IN GENERAL.—Subject to subsection 

3 (h)(3) and paragraph (2), the priority date for any 

4 employment-based petition shall be the date of filing 

5 of the petition with the Secretary of Homeland Secu6 rity (or the Secretary of State, if applicable), unless 

7 the filing of the petition was preceded by the filing 

8 of a labor certification with the Secretary of Labor, 

9 in which case that date shall constitute the priority 

10 date. 

11 ‘‘(2) SUBSEQUENT EMPLOYMENT-BASED PETI12 TIONS.—Subject to subsection (h)(3), an alien who 

13 is the beneficiary of any employment-based petition 

14 that was approvable when filed (including self-peti15 tioners) shall retain the priority date assigned with 

16 respect to that petition in the consideration of any 

17 subsequently filed employment-based petition (in18 cluding self-petitions).’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall take effect on October 1, 2013, and 

21 shall apply to aliens who are a beneficiary of a classifica22 tion petition pending on or after such date. 


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1 TITLE II—NONIMMIGRANT VISA 

2 REFORMS 

3 SEC. 201. H–1B VISAS. 

4 (a) INCREASE IN H–1B VISA NUMERICAL LIMIT.— 

5 Section 214(g) of the Immigration and Nationality Act (8 

6 U.S.C. 1184(g)) is amended— 

7 (1) in paragraph (1)(A)— 

8 (A) in clause (vi), by striking ‘‘and’’ at the 

9 end; 

10 (B) by amending clause (vii) to read as fol11 lows: 

12 ‘‘(vii) 65,000 in fiscal years 2004 through 

13 2013; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(viii) 155,000 in each succeeding fis16 cal year; or’’; and 

17 (2) by amending paragraph (5)(C) to read as 

18 follows: 

19 ‘‘(C) meets the requirements of paragraph 

20 (6)(A) or (7)(A) of section 203(b), until the number 

21 of aliens who are exempted from such numerical lim22 itation during such year exceeds 40,000.’’. 

23 (b) SPOUSAL EMPLOYMENT.—Section 214(c)(1)(E) 

24 of the Immigration and Nationality Act (8 U.S.C. 

25 1184(c)(1)(E)) is amended by striking ‘‘101(a)(15)(L),’’ 


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1 and inserting ‘‘subparagraph (H)(i)(b), (H)(i)(b1), 

2 (E)(iii), or (L) of section 101(a)’’. 

3 (c) ANTI-FRAUD MEASURES.— 

4 (1) FOREIGN DEGREES.— 

5 (A) SPECIALTY OCCUPATION.—Section 

6 214(i) of the Immigration and Nationality Act 

7 (8 U.S.C. 1184(i)) is amended by adding at the 

8 end the following: 

9 ‘‘(4)(A) For purposes of paragraphs (1)(B) and 

10 (3)(B), the term ‘bachelor’s or higher degree’ in11 cludes a foreign degree that is a recognized foreign 

12 equivalent of a bachelor’s or higher degree. 

13 ‘‘(B)(i) In the case of an alien with a foreign 

14 degree, any determination with respect to the 

15 equivalence of that degree to a degree obtained in 

16 the United States shall be made by the Secretary of 

17 State. 

18 ‘‘(ii) In carrying out the preceding clause, the 

19 Secretary of State shall verify the authenticity of 

20 any foreign degree proffered by an alien. The Sec21 retary of State may enter into contracts with public 

22 or private entities in conducting such verifications. 

23 ‘‘(iii) In addition to any other fees authorized 

24 by law, the Secretary of State may impose a fee on 

25 an employer filing a petition under subsection (c)(1) 


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1 initially to grant an alien nonimmigrant status de2 scribed in section 101(a)(15)(H)(i)(b), if a deter3 mination or verification described in clause (i) or (ii) 

4 is required with respect to the petition. Fees col5 lected under this clause shall be deposited in the 

6 Treasury in accordance with section 286(t).’’. 

7 (B) Section 286 of the Immigration and 

8 Nationality Act (8 U.S.C. 1356) is amended by 

9 adding at the end the following: 

10 ‘‘(w) H–1B EDUCATIONAL CREDENTIAL

11 VERIFICATION ACCOUNT.—There is established in the 

12 general fund of the Treasury a separate account, which 

13 shall be known as the ‘H–1B Educational Credential 

14 Verification Account’. Notwithstanding any other provi15 sion of law, there shall be deposited as offsetting receipts 

16 into the account all fees collected under section 

17 214(i)(4)(B)(iii). Amounts deposited into the account 

18 shall remain available to the Secretary of State until ex19 pended to carry out section 214(i)(4)(B).’’. 

20 (2) INVESTIGATIONS.—The first sentence of 

21 subsection (n)(2)(F), and the first sentence of sub22 section (t)(3)(E) (as added by section 402(b)(2) of 

23 Public Law 108–77 (117 Stat. 941)), of section 212 

24 of the Immigration and Nationality Act (8 U.S.C. 


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1 1182) are each amended by striking all that follows 

2 ‘‘investigations’’ and inserting a period. 

3 (3) BONA FIDE BUSINESSES.—Section 214(c) 

4 of the Immigration and Nationality Act (8 U.S.C. 

5 1184(c)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(15) The Secretary of Homeland Security may 

8 not approve any petition under paragraph (1) filed 

9 by an employer with respect to an alien seeking to 

10 obtain the status of a nonimmigrant under subclause 

11 (b) or (b1) of section 101(a)(15)(H)(i) and the Sec12 retary of State may not approve a visa with respect 

13 to an alien seeking to obtain the status of a non14 immigrant under subparagraph (E)(iii) or (H)(i)(b1) 

15 of section 101(a)(15) unless— 

16 ‘‘(A) the employer— 

17 ‘‘(i) is an institution of higher edu18 cation (as defined in section 101(a) of the 

19 Higher Education Act of 1965 (20 U.S.C. 

20 1001(a))), or a governmental or nonprofit 

21 entity; or 

22 ‘‘(ii) maintains a place of business in 

23 the United States that is licensed in ac24 cordance with any applicable State or local 


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1 business licensing requirements and is used 

2 exclusively for business purposes; and 

3 ‘‘(B) the employer— 

4 ‘‘(i) is a governmental entity; 

5 ‘‘(ii) has aggregate gross assets with a 

6 value of not less than $50,000— 

7 ‘‘(I) in the case of an employer 

8 that is a publicly held corporation, as 

9 determined using its most recent re10 port filed with the Securities and Ex11 change Commission; or 

12 ‘‘(II) in the case of any other em13 ployer, as determined as of the date 

14 on which the petition is filed under 

15 regulations promulgated by the Sec16 retary of Homeland Security; or 

17 ‘‘(iii) provides appropriate documenta18 tion of business activity under regulations 

19 promulgated by the Secretary of Homeland 

20 Security.’’. 

21 (4) SUBPOENA AUTHORITY.— 

22 (A) H–1B APPLICATION.—Section 

23 212(n)(2) of the Immigration and Nationality 

24 Act (8 U.S.C. 1182(n)(2)) is amended by add25 ing at the end the following: 


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1 ‘‘(J) The Secretary of Labor is authorized to 

2 issue subpoenas as may be necessary to assure em3 ployer compliance with the terms and conditions of 

4 this subsection.’’. 

5 (B) ATTESTATION WITH RESPECT TO

6 OTHER NONIMMIGRANT EMPLOYEES.—Section 

7 212(t)(3) of such Act (8 U.S.C. 1182(t)(3)) is 

8 amended by adding at the end the following: 

9 ‘‘(G) The Secretary of Labor is authorized to 

10 issue subpoenas as may be necessary to assure em11 ployer compliance with the terms and conditions of 

12 this subsection.’’. 

13 (d) B VISAS IN LIEU OF H–1B VISAS.—Section 

14 214(g) of the Immigration and Nationality Act (8 U.S.C. 

15 1184(g)) is amended by adding at the end the following: 

16 ‘‘(12) Notwithstanding any other provision of this 

17 Act, any alien admitted or provided status as a non18 immigrant in order to provide services in a specialty occu19 pation described in paragraph (1) or (3) of subsection (i) 

20 (other than services described in subparagraph (H)(ii)(a), 

21 (O), or (P) of section 101(a)(15)) or as a fashion model 

22 shall have been issued a visa (or otherwise been provided 

23 nonimmigrant status) under subclause (b) or (b1) of sec24 tion 101(a)(15)(H)(i) or section 101(a)(15)(E)(iii).’’. 

25 (e) EFFECTIVE DATES.— 


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1 (1) The amendments made by subsection (a) 

2 shall take effect on the date of the enactment of this 

3 Act and shall apply to aliens issued visas or other4 wise provided with nonimmigrant status under sec5 tion 101(a)(15)(H)(i)(b) of the Immigration and 

6 Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) be7 ginning in fiscal year 2014. 

8 (2) The amendments made by subsection (b) 

9 shall take effect on the date of the enactment of this 

10 Act and shall apply to the spouses of aliens issued 

11 visas or otherwise provided with nonimmigrant sta12 tus under subparagraph (H)(i)(b), (H)(i)(b1), or 

13 (E)(iii) of section 101(a)(15) of the Immigration 

14 and Nationality Act before, on, or after such date. 

15 (3) The amendments made by paragraphs (1) 

16 and (3) of subsection (c) shall take effect on the 

17 date of the enactment of this Act and shall apply to 

18 petitions filed under section 214(c) of the Immigra19 tion and Nationality Act (8 U.S.C. 1184(c)) on or 

20 after such date and to visa applications filed on or 

21 after such date where no petition was filed because 

22 none was required under subparagraph (H)(i)(b1) or 

23 (E)(iii) of section 101(a)(15) of the Immigration 

24 and Nationality Act (8 U.S.C. 1101(a)(15)). 


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1 (4) The amendments made by paragraphs (2) 

2 and (4) of subsection (c) shall take effect on the 

3 date of the enactment of this Act and shall apply to 

4 employers of aliens issued visas or otherwise pro5 vided with nonimmigrant status under subparagraph 

6 (H)(i)(b), (H)(i)(b1), or (E)(iii) section 101(a)(15) 

7 of the Immigration and Nationality Act (8 U.S.C. 

8 1101(a)(15)) before, on, or after such date. 

9 (5) The amendment made by subsection (d) 

10 shall take effect on the date of the enactment of this 

11 Act and shall apply to aliens admitted or provided 

12 status as nonimmigrants on or after such date. 

13 SEC. 202. L VISAS. 

14 (a) IN GENERAL.—Section 214(c)(2) of the Immigra15 tion and Nationality Act (8 U.S.C. 1184(c)(2)) is amend16 ed by adding at the end the following: 

17 ‘‘(G)(i) An employer of an alien who will 

18 serve in a capacity for the employer involving 

19 specialized knowledge under section 

20 101(a)(15)(L) for a cumulative period of time 

21 in excess of 6 months over a 3-year period— 

22 ‘‘(I) will offer to the alien during the 

23 period of authorized employment wages 

24 that are at least— 


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1 ‘‘(aa) the actual wage level paid 

2 by the employer to all other individ3 uals with similar experience and quali4 fications for the specific employment 

5 in question; or 

6 ‘‘(bb) the prevailing wage level 

7 for the occupational classification in 

8 the area of employment, whichever is 

9 greater, based on the best information 

10 available; and 

11 ‘‘(II) will provide working conditions 

12 for such alien that will not adversely affect 

13 the working conditions of workers similarly 

14 employed. 

15 ‘‘(ii) In complying with the requirements of 

16 clause (i), an employer may take into account 

17 the value of wages paid by the employer to the 

18 alien in the currency of the alien’s home coun19 try, the value of benefits paid by the employer 

20 to the alien in the alien’s home country, em21 ployer-provided housing or housing allowances, 

22 employer-provided vehicles or transportation al23 lowances, and other benefits provided to the 

24 alien as an incident of the assignment in the 

25 United States. 


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1 ‘‘(iii) The Secretary of Labor shall have 

2 the same investigatory and enforcement powers 

3 to ensure compliance with this subparagraph as 

4 are set forth in section 212(n)(2).’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall take effect on the date of the enact7 ment of this Act and shall apply to employers with respect 

8 to aliens issued visas or otherwise provided nonimmigrant 

9 status under section 101(a)(15)(L) of the Immigration 

10 and Nationality Act (8 U.S.C. 1101(a)(15)(L)) on or after 

11 such date. 

12 SEC. 203. O VISAS. 

13 (a) PORTABILITY OF O VISAS.—The first sentence of 

14 section 214(n)(1) of the Immigration and Nationality Act 

15 (8 U.S.C. 1184(n)(1)) is amended— 

16 (1) by striking ‘‘section 101(a)(15)(H)(i)(b)’’ 

17 and inserting ‘‘subparagraphs (H)(i)(b) and (O)(i) 

18 of section 101(a)(15)’’; and 

19 (2) by inserting ‘‘under such sections’’ after 

20 ‘‘new employment’’. 

21 (b) 3-YEAR WAIVER OF NEW O–1 CONSULTATIONS

22 FOR ARTS AND MOTION PICTURES AND TELEVISION AND

23 TRANSPARENCY FOR O–1 VISAS FOR MOTION PICTURES

24 AND TELEVISION.— 


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1 (1) IN GENERAL.—Section 214(c)(3) of the Im2 migration and Nationality Act (8 U.S.C. 1184(c)(3)) 

3 is amended— 

4 (A) by striking ‘‘Attorney General’’ each 

5 place such term appears and inserting ‘‘Sec6 retary of Homeland Security’’; and 

7 (B) by striking the first two sentences of 

8 the matter that follows subparagraph (B) and 

9 inserting the following: ‘‘In the case of an alien 

10 seeking entry for a motion picture or television 

11 production, (i) any opinion under the previous 

12 sentence shall only be advisory, (ii) any such 

13 opinion that recommends denial must be in 

14 writing, (iii) in making the decision the Sec15 retary of Homeland Security shall consider the 

16 exigencies and scheduling of the production, (iv) 

17 the Secretary of Homeland Security shall ap18 pend to the decision any such opinion, and (v) 

19 upon making the decision, the Secretary of 

20 Homeland Security shall immediately provide a 

21 copy of the decision to the consulting labor and 

22 management organizations. The Secretary of 

23 Homeland Security shall provide by regulation 

24 for the waiver of the consultation requirement 

25 under subparagraph (A) in the case of aliens 


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1 who have been admitted as nonimmigrants 

2 under section 101(a)(15)(O)(i) because of ex3 traordinary ability in the arts or extraordinary 

4 achievement in motion picture or television pro5 duction and who seek readmission to perform 

6 similar services within 3 years after the date of 

7 a consultation under such subparagraph pro8 vided that, in the case of aliens admitted be9 cause of extraordinary achievement in motion 

10 picture or television production, such waiver 

11 shall apply only if the prior consultations by the 

12 appropriate union and management organiza13 tion were favorable or raised no objection to the 

14 approval of the petition.’’. 

15 (2) EFFECTIVE DATE.—The amendment made 

16 by paragraph (1) shall take effect on the date of the 

17 enactment of this Act and shall apply to petitions 

18 filed under section 214(c) of the Immigration and 

19 Nationality Act (8 U.S.C. 1184(c)) on or after such 

20 date and to consultation decisions made before, on, 

21 or after such date. 

22 SEC. 204. MEXICAN AND CANADIAN PROFESSIONALS. 

23 Section 214(e) of the Immigration and Nationality 

24 Act (8 U.S.C. 1184(e)) is amended by adding at the end 

25 the following: 


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1 ‘‘(7)(A) An employer of a Mexican or Canadian 

2 professional under this subsection— 

3 ‘‘(i) will offer to the alien during the period 

4 of authorized employment wages that are at 

5 least— 

6 ‘‘(I) the actual wage level paid by the 

7 employer to all other individuals with simi8 lar experience and qualifications for the 

9 specific employment in question; or 

10 ‘‘(II) the prevailing wage level for the 

11 occupational classification in the area of 

12 employment, whichever is greater, based on 

13 the best information available; and 

14 ‘‘(ii) will provide working conditions for 

15 such alien that will not adversely affect the 

16 working conditions of workers similarly em17 ployed. 

18 ‘‘(B) The Secretary of Labor shall have the 

19 same investigatory and enforcement powers to en20 sure compliance with this paragraph as are set forth 

21 in section 212(n)(2).’’. 

22 SEC. 205. STUDENTS. 

23 (a) DUAL INTENT.— 


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1 (1) IN GENERAL.—Section 101(a)(15)(F) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1101(a)(15)(F)) is amended to read as follows: 

4 ‘‘(F) an alien— 

5 ‘‘(i) who— 

6 ‘‘(I) is a bona fide student qualified to 

7 pursue a full course of study in a field of 

8 science, technology, engineering, or mathe9 matics (as defined in section 

10 203(b)(6)(B)(ii)) leading to a bachelors or 

11 graduate degree and who seeks to enter 

12 the United States for the purpose of pur13 suing such a course of study consistent 

14 with section 214(m) at an institution of 

15 higher education (as described in section 

16 101(a) of the Higher Education Act of 

17 1965 (20 U.S.C. 1001(a))) or a propri18 etary institution of higher education (as 

19 defined in section 102(b) of such Act (20 

20 U.S.C. 1002(b))) in the United States, 

21 particularly designated by the alien and 

22 approved by the Secretary of Homeland 

23 Security, after consultation with the Sec24 retary of Education, which institution shall 

25 have agreed to report to the Secretary of 


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1 Homeland Security the determination of 

2 attendance of each nonimmigrant student, 

3 and if any such institution fails to make 

4 reports promptly the approval shall be 

5 withdrawn; or 

6 ‘‘(II) is engaged in temporary employ7 ment for optional practical training related 

8 to such alien’s area of study following com9 pletion of the course of study described in 

10 subclause (I); 

11 ‘‘(ii) who has a residence in a foreign coun12 try which the alien has no intention of aban13 doning, who is a bona fide student qualified to 

14 pursue a full course of study, and who seeks to 

15 enter the United States temporarily and solely 

16 for the purpose of pursuing such a course of 

17 study consistent with section 214(m) at an es18 tablished college, university, seminary, conserv19 atory, academic high school, elementary school, 

20 or other academic institution or in a language 

21 training program in the United States, particu22 larly designated by the alien and approved by 

23 the Secretary of Homeland Security, after con24 sultation with the Secretary of Education, 

25 which institution of learning or place of study 


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1 shall have agreed to report to the Secretary of 

2 Homeland Security the determination of attend3 ance of each nonimmigrant student, and if any 

4 such institution of learning or place of study 

5 fails to make reports promptly the approval 

6 shall be withdrawn; 

7 ‘‘(iii) who is the spouse or minor child of 

8 an alien described in clause (i) or (ii) if accom9 panying or following to join such an alien; or 

10 ‘‘(iv) who is a national of Canada or Mex11 ico, who maintains actual residence and place of 

12 abode in the country of nationality, who is de13 scribed in clause (i) or (ii) except that the 

14 alien’s qualifications for and actual course of 

15 study may be full or part-time, and who com16 mutes to the United States institution or place 

17 of study from Canada or Mexico.’’. 

18 (2) ADMISSION.—Section 214(b) of the Immi19 gration and Nationality Act (8 U.S.C. 1184(b)), as 

20 amended by section 108(d)(1) of this Act, is further 

21 amended by striking ‘‘(L) or (V)’’ inserting ‘‘(F)(i), 

22 (L), or (V)’’. 

23 (3) CONFORMING AMENDMENT.—Section 

24 214(m)(1) of the Immigration and Nationality Act 

25 (8 U.S.C. 1184(m)(1)) is amended, in the matter 


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1 preceding subparagraph (A), by striking ‘‘(i) or 

2 (iii)’’ and inserting ‘‘(i), (ii), or (iv)’’. 

3 (b) OPTIONAL PRACTICAL TRAINING FOR FOREIGN

4 STUDENTS.—Section 214 of the Immigration and Nation5 ality Act (8 U.S.C. 1184) is amended by adding at the 

6 end the following: 

7 ‘‘(s)(1) An employer providing optional practical 

8 training to an alien who has been issued a visa or other9 wise provided nonimmigrant status under subparagraph 

10 (F) or (M) of section 101(a)(15) after completion of the 

11 alien’s course of study— 

12 ‘‘(A) shall offer to the alien during the period 

13 of optional practical training wages that are at 

14 least— 

15 ‘‘(i) the actual wage level paid by the em16 ployer to all other individuals with similar expe17 rience and qualifications for the specific em18 ployment in question; or 

19 ‘‘(ii) the prevailing wage level for the occu20 pational classification in the area of employ21 ment, whichever is greater, based on the best 

22 information available; and 

23 ‘‘(B) shall provide working conditions for such 

24 alien that will not adversely affect the working con25 ditions of workers similarly employed. 


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1 ‘‘(2) The Secretary of Labor has the same investiga2 tory and enforcement powers to ensure compliance with 

3 paragraph (1) as are set forth in section 212(n)(2).’’. 

4 (c) EFFECTIVE DATES.— 

5 (1) The amendments made by subsection (a) 

6 shall take effect on the date of the enactment of this 

7 Act, and shall apply to nonimmigrants who possess 

8 or are granted status under section 101(a)(15)(F) of 

9 the Immigration and Nationality Act (8 U.S.C. 

10 1101(a))(15)(F)) on or after such date. 

11 (2) The amendment made by subsection (b) 

12 shall apply to employers with respect to aliens who 

13 begin post-course of study optional practical training 

14 with them on or after the date of the enactment of 

15 this Act. 

16 SEC. 206. EXTENSION OF EMPLOYMENT ELIGIBILITY WHILE 

17 VISA EXTENSION PETITION PENDING. 

18 (a) IN GENERAL.—Section 214 of the Immigration 

19 and Nationality Act (8 U.S.C. 1184, as amended by sec20 tion 205(b), is further amended by adding at the end the 

21 following: 

22 ‘‘(t) A nonimmigrant issued a visa or otherwise pro23 vided nonimmigrant status under subparagraph (A), (E), 

24 (G), (H), (I), (J), (L), (O), (P), (Q), or (R) of section 

25 101(a)(15), or section 214(e), and otherwise as the SecVerDate Mar 15 2010 17:13 May 31, 2013 Jkt 029200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H2131.IH H2131

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1 retary of Homeland Security may by regulations prescribe, 

2 whose status has expired but who has, or whose spon3 soring employer or authorized agent has, filed a timely ap4 plication or petition for an extension of authorized status 

5 as provided under this section, is authorized to continue 

6 employment with the same employer for a period not to 

7 exceed 240 days beginning on the date of the expiration 

8 of the authorized period of stay until and unless the appli9 cation or petition is denied. Such authorization shall be 

10 subject to the same conditions and limitations noted on 

11 the original authorization.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall take effect on the date of the enact14 ment of this Act and shall apply to aliens issued visas or 

15 otherwise provided nonimmigrant status before, on, or 

16 after such date. 

17 SEC. 207. FRAUD DETECTION AND PREVENTION FEE. 

18 Section 214(c)(12)(A) of the Immigration and Na19 tionality Act (8 U.S.C. 1184(c)(12)(A)) is amended by 

20 adding at the end the following: 

21 ‘‘The Secretary of Homeland Security shall also impose 

22 the fee described in the preceding sentence on an employer 

23 filing an attestation under section 212(t)(1) or employing 

24 an alien pursuant to subsection (e).’’. 


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1 SEC. 208. TECHNICAL CORRECTION. 

2 The second subsection designated as subsection (t) 

3 of section 212 of the Immigration and Nationality Act (8 

4 U.S.C. 1182) (as added by section 1(b)(2)(B) of Public 

5 Law 108–449 (118 Stat. 3470)) is redesignated as sub6 section (u) of such section. 

7 TITLE III—REFORMS AFFECTING 

8 BOTH IMMIGRANT AND NON9 IMMIGRANT VISAS 

10 Subtitle A—STEM Education 

11 Funding 

12 SEC. 301. FUNDING FOR STEM EDUCATION AND TRAINING. 

13 (a) NONIMMIGRANT FEE ADJUSTMENT AND ALLOCA14 TION.—Section 214(c)(9) of the Immigration and Nation15 ality Act (8 U.S.C. 1184(c)(9)) is amended— 

16 (1) in subparagraph (A)— 

17 (A) in the matter preceding clause (i)— 

18 (i) by striking ‘‘(20 U.S.C. 1001(a),’’ 

19 and inserting ‘‘(20 U.S.C. 1001(a)),’’; and 

20 (ii) by striking ‘‘filing before a peti21 tion’’ and inserting ‘‘filing a petition’’; 

22 (2) by amending subparagraph (B) to read as 

23 follows: 

24 ‘‘(B) The amount of the fee imposed under this para25 graph shall be— 


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1 ‘‘(i) $1,250 for each such petition filed by an 

2 employer with not more than 25 full-time equivalent 

3 employees who are employed in the United States 

4 (determined by including any affiliate or subsidiary 

5 of such employer); and 

6 ‘‘(ii) $2,500 for each such petition filed by an 

7 employer with more than 25 such employees.’’; 

8 (3) by amending subparagraph (C) to read as 

9 follows: 

10 ‘‘(C) Fees collected under this paragraph shall 

11 be distributed as follows: 

12 ‘‘(i) Of the amounts collected pursuant to 

13 subparagraph (B)(i)— 

14 ‘‘(I) $750 shall be deposited in the 

15 Treasury in accordance with section 

16 286(s); and 

17 ‘‘(II) $500 shall be deposited in the 

18 Treasury in accordance with section 

19 286(x). 

20 ‘‘(ii) Of the amounts collected pursuant to 

21 subparagraph (B)(ii)— 

22 ‘‘(I) $1,500 shall be deposited in the 

23 Treasury in accordance with section 

24 286(s); and 


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1 ‘‘(II) $1,000 shall be deposited in the 

2 Treasury in accordance with section 

3 286(x).’’; 

4 (4) by redesignating subparagraph (C) as sub5 paragraph (D); and 

6 (5) by inserting after subparagraph (B) the fol7 lowing: 

8 ‘‘(C) The Secretary of Homeland Security shall 

9 impose the fee described in this paragraph on an 

10 employer filing an attestation under section 

11 212(t)(1), and on an employer employing an alien 

12 pursuant to section 214(e), in the same manner as 

13 such fee is imposed on an employer described in sub14 paragraph (A). In the case of employment pursuant 

15 to section 214(e), the Secretary of Homeland Secu16 rity shall establish a method of imposing the fee de17 scribed in the preceding sentence notwithstanding 

18 the absence of a petition or attestation.’’. 

19 (b) CONFORMING AMENDMENT.—Section 286(s)(1) 

20 of the Immigration and Nationality Act (8 U.S.C. 

21 1356(s)(1)) is amended by striking the last sentence and 

22 inserting ‘‘There shall be deposited as offsetting receipts 

23 into the account a portion of the fees collected under para24 graphs (9) and (11) of section 214(c).’’. 


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1 (c) IMMIGRANT FEE.—Section 203(b) of the Immi2 gration and Nationality Act (8 U.S.C. 1153(b)) is amend3 ed by adding at the end the following: 

4 ‘‘(7) FUNDING FOR STEM EDUCATION AND

5 TRAINING.—The Secretary of Homeland Security 

6 shall impose a fee of $1,000 on each I–140 immi7 grant visa petition filed under this subsection. 

8 Amounts collected under this paragraph shall be de9 posited into the Treasury in accordance with section 

10 286(x).’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on October 1, 2013, and shall 

13 apply to petitions filed under section 214(c)(1) of the Im14 migration and Nationality Act (8 U.S.C. 1184(c)(1)), and 

15 attestations filed under section 212(t)(1) of such Act (8 

16 U.S.C. 1182(t)(1)), on or after such date. 

17 SEC. 302. PROMOTING AMERICAN INGENUITY ACCOUNT. 

18 Section 286 of the Immigration and Nationality Act 

19 (8 U.S.C. 1356), as amended by section 201(c)(1)(B) of 

20 this Act, is further amended by adding at the end the fol21 lowing: 

22 ‘‘(x) PROMOTING AMERICAN INGENUITY ACCOUNT.— 

23 ‘‘(1) IN GENERAL.—There is established in the 

24 general fund of the Treasury a separate account, 

25 which shall be known as the ‘Promoting American 


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1 Ingenuity Account’. There shall be deposited as off2 setting receipts into the account fees collected under 

3 section 203(b)(7) and a portion of the fees collected 

4 under section 214(c)(9). Amounts deposited into the 

5 account shall remain available to the Secretary of 

6 Education until expended. 

7 ‘‘(2) PURPOSES.—The purposes of the Pro8 moting American Ingenuity Account are to enhance 

9 the economic competitiveness of the United States 

10 by— 

11 ‘‘(A) strengthening STEM education, in12 cluding in computer science, at all levels; 

13 ‘‘(B) ensuring that schools have access to 

14 well-trained and effective STEM teachers; and 

15 ‘‘(C) helping colleges and universities 

16 produce more graduates in fields needed by 

17 American employers. 

18 ‘‘(3) ALLOCATION OF FUNDS.— 

19 ‘‘(A) RESERVATION OF FUNDS.— 

20 ‘‘(i) IN GENERAL.—The Secretary of 

21 Education may reserve up to 5 percent of 

22 the amounts deposited into the Promoting 

23 American Ingenuity Account to carry out 

24 the activities described in clause (ii). 


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1 ‘‘(ii) NATIONAL ACTIVITIES.—From 

2 the amounts reserved under clause (i), the 

3 Secretary of Education shall, directly or 

4 through grants and contracts— 

5 ‘‘(I) provide technical assistance 

6 to States and local educational agen7 cies in carrying out activities de8 scribed in section 304 of the SKILLS 

9 Visa Act; and 

10 ‘‘(II) acting through the Institute 

11 of Education Sciences, conduct na12 tional evaluations of activities carried 

13 out by the State under such section 

14 304. 

15 ‘‘(B) ALLOCATIONS TO STATES.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii), the Secretary of Education shall pro18 portionately allocate the remaining 

19 amounts deposited into the account to the 

20 States each fiscal year in an amount that 

21 bears the same relationship to the remain22 der as the amount the State received under 

23 subpart 2 of part A of title I of the Ele24 mentary and Secondary Education Act of 

25 1965 (20 U.S.C. 6331 et seq.) for the preVerDate Mar 15 2010 17:13 May 31, 2013 Jkt 029200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H2131.IH H2131

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1 ceding fiscal year bears to the amount all 

2 States received under that subpart for the 

3 preceding fiscal year. 

4 ‘‘(ii) MINIMUM ALLOCATIONS.—No 

5 State shall receive less than an amount 

6 equal to 0.5 percent of the total amount 

7 made available to all States from the Pro8 moting American Ingenuity Account. If a 

9 State does not request an allocation from 

10 the Account for a fiscal year, the Secretary 

11 shall reallocate the State’s allocation to 

12 those States with approved applications 

13 under section 303 of the SKILLS Visa Act 

14 in accordance with clause (i).’’. 

15 SEC. 303. STEM EDUCATION GRANT APPLICATION PROC16 ESS. 

17 (a) APPLICATION.—Each Governor and Chief State 

18 School Officer desiring to receive an allocation from the 

19 Promoting American Ingenuity Account established under 

20 section 286(x) of the Immigration and Nationality Act (as 

21 added by section 302 of this Act) shall jointly submit a 

22 plan, including a proposed budget, signed by the Governor 

23 and Chief Sate School Officer, to the Secretary of Edu24 cation at such time, and in such manner, as the Secretary 

25 may require, that— 


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1 (1) designates a State agency as the agency re2 sponsible for carrying out programs funded by such 

3 allocation; 

4 (2) describes the activities to be funded with 

5 such allocation and how such activities will improve 

6 STEM education in the State; 

7 (3) describes how the State will partner with 

8 employers to design and carry out the activities 

9 funded by such allocation; 

10 (4) describes how the State will collaborate with 

11 institutions of higher education (as defined in sec12 tion 102 of the Higher Education Act of 1965 (20 

13 U.S.C. 1002), except that such term does not in14 clude institutions described in subsection (a)(1)(C) 

15 of such section 102), local educational agencies, 

16 State and local workforce investment boards funded 

17 under the Workforce Investment Act of 1998 (29 

18 U.S.C. 2801 et seq.), and other State and local gov19 ernment entities as appropriate to carry out the ac20 tivities funded by such allocation; and 

21 (5) describes how the State will coordinate ac22 tivities funded by such allocation with activities 

23 funded under the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 6301 et seq.), the 

25 Higher Education Act of 1965 (20 U.S.C. 1001 et 


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1 seq.), and the Workforce Investment Act of 1998 

2 (29 U.S.C. 2801 et seq.). 

3 (b) PROHIBITION.— 

4 (1) IN GENERAL.—The information described in 

5 subsection (a) shall be the only information required 

6 of States, and the Secretary of Education shall not 

7 establish any additional criteria for State eligibility 

8 for such allocations. 

9 (2) STANDARDS AND ASSESSMENTS.—The Sec10 retary shall not condition State receipt of such allo11 cations on any decision to adopt, or not to adopt, 

12 academic standards or assessments for the State’s 

13 elementary and secondary schools. 

14 (c) DEEMED APPROVAL.—A plan submitted under 

15 subsection (a) shall be deemed to be approved by the Sec16 retary of Education unless the Secretary makes a written 

17 determination, prior to the expiration of the 60-day period 

18 beginning on the date on which the Secretary received the 

19 plan, that the plan is not in compliance with this section. 

20 SEC. 304. AUTHORIZED ACTIVITIES. 

21 A State or other entity that receives funding from 

22 the Promoting American Ingenuity Account may use such 

23 funds for one or more of the following activities: 


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1 (1) To strengthen the State’s academic stand2 ards in science, technology, engineering, and mathe3 matics (STEM); 

4 (2) To implement strategies for the recruit5 ment, training, placement, and retention of teachers 

6 in STEM fields, including computer science; 

7 (3) To carry out initiatives designed to assist 

8 students in succeeding and graduating from postsec9 ondary STEM programs; 

10 (4) To improve the availability and access to 

11 STEM-related worker training programs, including 

12 community college courses and programs; and 

13 (5) For other activities to improve STEM edu14 cation. 

15 SEC. 305. NATIONAL EVALUATIONS. 

16 (a) ANNUAL REPORT.—The Secretary of Education 

17 shall submit a report describing the results of each evalua18 tion conducted under section 286(x)(3)(A)(ii)(II) of the 

19 Immigration and Nationality Act (as added by section 302 

20 of this Act) to— 

21 (1) the President; 

22 (2) the Committee on the Judiciary of the Sen23 ate; 

24 (3) the Committee on the Judiciary of the 

25 House of Representatives; 


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1 (4) the Committee on Health, Education, 

2 Labor, and Pensions of the Senate; and 

3 (5) the Committee on Education and the Work4 force of the House of Representatives. 

5 (b) DISSEMINATION.—The Secretary of Education 

6 shall make the findings of such evaluations widely avail7 able to educators, the business community, and the public. 

8 SEC. 306. RULE OF CONSTRUCTION. 

9 Nothing in this subtitle may be construed to permit 

10 the Secretary of Education or any other Federal official 

11 to approve the content or academic achievement stand12 ards, academic assessments, or curriculum of a State. 

13 Subtitle B—Other Reforms 

14 SEC. 311. PREVAILING WAGES. 

15 (a) IN GENERAL.—Section 212(p) of the Immigra16 tion and Nationality Act (8 U.S.C. 1182(p)) is amended— 

17 (1) in paragraph (1), by striking ‘‘subsections 

18 (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)’’ and 

19 inserting ‘‘subsections (a)(5)(A), (n)(1)(A)(i)(II), 

20 and (t)(1)(A)(i)(II) of this section, and subsections 

21 (c)(2)(G), (e), and (s) of section 214,’’; 

22 (2) by redesignating paragraphs (2) through 

23 (4) as paragraphs (3) through (5), respectively; 

24 (3) by inserting after paragraph (1) the fol25 lowing: 


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1 ‘‘(2) In computing the prevailing wage level for 

2 an occupational classification in an area of employ3 ment for purposes of subsections (a)(5)(A), 

4 (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, 

5 and subsections (c)(2)(G), (e), and (s) of section 

6 214, in the case of an alien who begins work with 

7 their employer under such section within one year of 

8 graduation from an institution that is described in 

9 section 101(a) of the Higher Education Act of 1965 

10 (20 U.S.C. 1001(a)) or is a proprietary institution 

11 of higher education (as defined in section 102(b) of 

12 such Act (20 U.S.C. 1002(b))), the wage level shall 

13 be the wage level specified in subparagraph (A), (B), 

14 or (C) of paragraph (5) depending on the alien’s ex15 perience, education, and level of supervision. In com16 puting the prevailing wage level for an occupational 

17 classification in an area of employment for purposes 

18 of subsections (a)(5)(A), (n)(1)(A)(i)(II), and 

19 (t)(1)(A)(i)(II) of this section, and subsections 

20 (c)(2)(G), (e), and (s) of section 214, in the case of 

21 an alien who does not begin work with their em22 ployer under such section within one year of gradua23 tion from an institution that is described in section 

24 101(a) of the Higher Education Act of 1965 (20 

25 U.S.C. 1001(a)) or is a proprietary institution of 


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1 higher education (as defined in section 102(b) of 

2 such Act (20 U.S.C. 1002(b))), the wage level shall 

3 be the wage level specified in subparagraph (B) or 

4 (C) of paragraph (5), depending on the alien’s expe5 rience, education, and level of supervision.’’; 

6 (4) in paragraph 4 (as redesignated), by strik7 ing ‘‘subsections (a)(5)(A), (n)(1)(A)(i)(II), and 

8 (t)(1)(A)(i)(II)’’ and inserting ‘‘subsections 

9 (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of 

10 this section, and subsections (c)(2)(G), (e), and (s) 

11 of section 214,’’; and 

12 (5) by amending paragraph (5) (as redesig13 nated) to read as follows: 

14 ‘‘(5) Subject to paragraph (2), the Secretary of Labor 

15 shall make available to employers a governmental survey 

16 to determine the prevailing wage for each occupational 

17 classification by metropolitan statistical area in the United 

18 States. Such survey, or other survey approved by the Sec19 retary of Labor, shall provide 3 levels of wages commensu20 rate with experience, education, and level of supervision. 

21 Such wage levels shall be determined as follows: 

22 ‘‘(A) The first level shall be the mean of the 

23 lowest two-thirds of wages surveyed, but in no case 

24 less than 80 percent of the mean of the wages sur25 veyed. 


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1 ‘‘(B) The second level shall be the mean of 

2 wages surveyed. 

3 ‘‘(C) The third level shall be the mean of the 

4 highest two-thirds of wages surveyed.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall take effect on the date of the enact7 ment of this Act, and shall apply to employers with regard 

8 to labor certifications under sections 212(a)(5)(A) of the 

9 Immigration and Nationality Act (8 U.S.C. 

10 1182(a)(5)(A)), labor condition applications under section 

11 212(n)(1) of such Act (8 U.S.C. 1182(n)(1)), and attesta12 tions under section 212(t)(1) of such Act (8 U.S.C. 

13 1182(t)(1)), filed on or after such date, to employers with 

14 regard to aliens issued visas or otherwise provided non15 immigrant status under section 101(a)(15)(L) of such Act 

16 (8 U.S.C. 1101(a)(15)(L)) on or after such date, and to 

17 employers with regard to aliens they provide post-course 

18 of study optional practical training that begins on or after 

19 such date. 

20 SEC. 312. STREAMLINING PETITIONS FOR ESTABLISHED 

21 EMPLOYERS. 

22 (a) IN GENERAL.—Section 214(c) of the Immigration 

23 and Nationality Act (8 U.S.C. 1184(c)) is amended by 

24 adding at the end the following: 


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1 ‘‘(15) The Secretary of Homeland Security shall es2 tablish a pre-certification procedure for employers who file 

3 multiple petitions described in this subsection or section 

4 204(a)(1)(F). Such precertification procedure shall enable 

5 an employer to avoid repeatedly submitting documentation 

6 that is common to multiple petitions and establish, 

7 through a single filing, criteria relating to the employer 

8 and the offered employment opportunity.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect on the date of the enact11 ment of this Act, and shall apply to petitions filed under 

12 section 204(a)(1)(F) or 214(c) of the Immigration and 

13 Nationality Act (8 U.S.C. 1154(a)(1)(F) or 1184(c)) be14 ginning 180 days after such date. 

Æ 


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