II 

115TH CONGRESS 

2D SESSION S. 2344 

To amend the Immigration and Nationality Act to authorize additional visas 

for well-educated aliens to live and work in the United States, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2018 

Mr. HATCH (for himself and Mr. FLAKE) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to authorize 

additional visas for well-educated aliens to live and work 

in the United States, 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 ‘‘Immigration Innova5 tion Act of 2018’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—EMPLOYMENT-BASED NONIMMIGRANT VISAS 


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Sec. 101. Market-based H–1B visa limits. 

Sec. 102. Employment authorization for dependents of H–1B nonimmigrants. 

Sec. 103. Eliminating impediments to worker mobility. 

Sec. 104. Definitions. 

Sec. 105. Strengthening the prevailing wage system. 

Sec. 106. Schedule A study. 

TITLE II—EMPLOYMENT-BASED IMMIGRANT VISAS 

Sec. 201. Elimination of per-country numerical limitations. 

Sec. 202. Ensuring the issuance of all preference employment-based immigrant 

visas. 

Sec. 203. Aliens not subject to direct numerical limitation. 

Sec. 204. Increased portability. 

Sec. 205. Adjustment of status for employment-based immigrants. 

Sec. 206. Employment-based conditional immigrants. 

TITLE III—STUDENT VISAS 

Sec. 301. Authorization of dual intent. 

TITLE IV—STEM EDUCATION AND WORKER TRAINING 

Sec. 401. Funding for STEM education and worker training. 

Sec. 402. Promoting American Ingenuity Account. 

Sec. 403. National evaluation. 

Sec. 404. Rule of construction. 

TITLE V—REFORMS AFFECTING IMMIGRANT AND 

NONIMMIGRANT VISAS 

Sec. 501. Streamlining petitions for established employers and other requirements. 

1 TITLE I—EMPLOYMENT-BASED 

2 NONIMMIGRANT VISAS 

3 SEC. 101. MARKET-BASED H–1B VISA LIMITS. 

4 (a) IN GENERAL.—Section 214(g) of the Immigra5 tion and Nationality Act (8 U.S.C. 1184(g)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘(beginning with fiscal year 

9 1992)’’; and 

10 (B) by amending subparagraph (A) to read 

11 as follows: 


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1 ‘‘(A) under section 101(a)(15)(H)(i)(b) 

2 may not exceed the sum of— 

3 ‘‘(i) the base allocation calculated 

4 under paragraph (9)(A); and 

5 ‘‘(ii) the allocation adjustment cal6 culated under paragraph (9)(B); and’’; 

7 (2) in paragraph (5), by amending subpara8 graph (C) to read as follows: 

9 ‘‘(C) subject to paragraph (6)(B), has earned a 

10 master’s or higher degree from a United States in11 stitution of higher education (as defined in section 

12 101(a) of the Higher Education Act of 1965 (20 

13 U.S.C. 1001(a))).’’; 

14 (3) in paragraph (6)— 

15 (A) by inserting ‘‘(A)’’ before ‘‘Any alien’’; 

16 and 

17 (B) by adding at the end the following: 

18 ‘‘(B)(i) If the employer of an alien described in 

19 paragraph (5)(C) certifies that the employer has 

20 filed or will file an Immigrant Petition on behalf of 

21 the alien, the initial period of validity of the non22 immigrant visa issued to the alien under section 

23 101(a)(15)(H)(i)(b) shall be 12 months. The period 

24 of validity of such visa may be extended beyond such 

25 initial period if the employer provides evidence to the 


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1 Secretary that the employer has filed, on the alien’s 

2 behalf, a nonfrivolous Application for Permanent 

3 Employment Certification or a nonfrivolous Immi4 grant Petition and such application or petition has 

5 not been denied in a final agency action. 

6 ‘‘(ii) Not more than 20,000 of the aliens de7 scribed in paragraph (5)(C) who are not described in 

8 clause (i) may be exempted from the numerical limi9 tations under paragraph (1)(A) during each fiscal 

10 year.’’; 

11 (4) in paragraph (8), by striking subparagraphs 

12 (B)(iv) and (D); 

13 (5) by redesignating paragraph (10) as sub14 paragraph (D) of paragraph (9), and adjusting the 

15 margin accordingly; 

16 (6) by redesignating paragraph (9) as para17 graph (10); and 

18 (7) by inserting after paragraph (8) the fol19 lowing: 

20 ‘‘(9)(A) The base allocation of nonimmigrant visas 

21 under section 101(a)(15)(H)(i)(b) for each fiscal year 

22 shall be equal to— 

23 ‘‘(i) the sum of— 

24 ‘‘(I) the base allocation for the most re25 cently completed fiscal year; and 


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1 ‘‘(II) the allocation adjustment for the 

2 most recently completed fiscal year; 

3 ‘‘(ii) if the number calculated under clause (i) 

4 is less than 85,000, 85,000; or 

5 ‘‘(iii) if the number calculated under clause (i) 

6 is more than 195,000, 195,000. 

7 ‘‘(B)(i) If the number of cap-subject nonimmigrant 

8 visa petitions filed under section 101(a)(15)(H)(i)(b) dur9 ing the first 45 days of the petition filing period for a 

10 fiscal year exceeds the base allocation for such fiscal year, 

11 an additional 30,000 such visas shall be made available 

12 beginning on the first day of such fiscal year. 

13 ‘‘(ii) If the base allocation of cap-subject non14 immigrant visa petitions filed under section 

15 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

16 period beginning on the 46th day of the petition filing pe17 riod for the fiscal year and ending on the last day of the 

18 previous fiscal year, an additional 20,000 such visas shall 

19 be made available for the fiscal year beginning on the first 

20 day of such fiscal year. 

21 ‘‘(iii) If the base allocation of cap-subject non22 immigrant visa petitions filed under section 

23 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

24 first 60 days of the fiscal year, an additional 10,000 such 


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1 visas shall be made available beginning on December 1 

2 of the fiscal year. 

3 ‘‘(iv) If the base allocation of cap-subject non4 immigrant visa petitions filed under section 

5 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 

6 period beginning on the 61st day of the fiscal year and 

7 ending on the 120th day of the fiscal year, an additional 

8 5,000 such visas shall be made available beginning on 

9 February 1 of the fiscal year. 

10 ‘‘(v) If the number of cap-subject nonimmigrant visa 

11 petitions approved under section 101(a)(15)(H)(i)(b) for 

12 a fiscal year is at least 5,000 fewer than the base alloca13 tion, but is not more than 9,999 fewer than the base allo14 cation, the allocation of such visas for the following fiscal 

15 year shall be reduced by 5,000. 

16 ‘‘(vi) If the number of cap-subject nonimmigrant visa 

17 petitions approved under section 101(a)(15)(H)(i)(b) for 

18 a fiscal year is at least 10,000 fewer than the base alloca19 tion, but not more than 19,999 fewer than the base alloca20 tion, the allocation of such visas for the following fiscal 

21 year shall be reduced by 10,000. 

22 ‘‘(vii) If the number of cap-subject nonimmigrant visa 

23 petitions approved under section 101(a)(15)(H)(i)(b) for 

24 a fiscal year is at least 20,000 fewer than the base alloca25 tion, but not more than 29,999 fewer than the base allocaVerDate Sep 11 2014 22:12 Jan 29, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2344.IS S2344

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1 tion, the allocation of such visas for the following fiscal 

2 year shall be reduced by 20,000. 

3 ‘‘(viii) If the number of cap-subject nonimmigrant 

4 visa petitions approved under section 101(a)(15)(H)(i)(b) 

5 for a fiscal year is at least 30,000 fewer than the base 

6 allocation, the allocation of such visas for the following 

7 fiscal year shall be reduced by 30,000. 

8 ‘‘(C)(i) If the final receipt date for filing non9 immigrant visa petitions under section 101(a)(H)(i)(b) 

10 subject to the numerical limitations under paragraph 

11 (1)(A) in a fiscal year occurs on or before the 180th day 

12 of the fiscal year, the Secretary of Homeland Security 

13 shall announce the following fiscal year’s base allocation 

14 for such nonimmigrant visas on or before April 1 of the 

15 fiscal year preceding the fiscal year for which such alloca16 tion applies. 

17 ‘‘(ii) If the final receipt date for filing nonimmigrant 

18 visa petitions under section 101(a)(H)(i)(b) subject to the 

19 numerical limitations under paragraph (1)(A) in a fiscal 

20 year occurs after the 180th day of the fiscal year, the Sec21 retary of Homeland Security shall announce the following 

22 fiscal year’s base allocation for such nonimmigrant visas 

23 not later than the first day of the fiscal year for which 

24 such allocation applies.’’. 


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1 (b) PRIORITIZATION OF PETITIONS.—Section 

2 214(g)(3) of the Immigration and Nationality Act (8 

3 U.S.C. 1184(g)(3)) is amended— 

4 (1) by striking the first sentence and inserting 

5 the following: ‘‘(A) Subject to subparagraphs (B) 

6 and (C), aliens who are subject to the numerical lim7 itations under paragraph (1)(A) shall be issued 

8 visas, or otherwise provided nonimmigrant status, in 

9 a manner and order established by the Secretary by 

10 regulation.’’; and 

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

12 ‘‘(B) In any fiscal year in which the number of peti13 tions filed for nonimmigrant status under section 

14 101(a)(15)(H)(i)(b) during the first 5 business days of the 

15 petition filing period exceeds the numerical limitation for 

16 that fiscal year, the Secretary shall consider petitions re17 ceived during those 5 business days in the following order: 

18 ‘‘(i) Petitions for aliens who have earned a mas19 ter’s or higher degree from an institution of higher 

20 education (as defined in section 101(a) of the High21 er Education Act of 1965 (20 U.S.C. 1001(a))) in 

22 the United States and who are subject to the numer23 ical limitations under paragraph (1)(A). 

24 ‘‘(ii) Petitions for aliens who have earned a doc25 toral degree from an institution of higher education 


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1 outside the United States in a specialty related to 

2 the intended employment if such degree is equivalent 

3 to a doctoral degree awarded by an institution of 

4 higher education (as defined in section 101(a) of the 

5 Higher Education Act of 1965 (20 U.S.C. 1001(a))) 

6 in the United States. 

7 ‘‘(iii) Petitions for aliens who have earned a 

8 bachelor’s degree in a field listed on the STEM Des9 ignated Degree Program List published by the De10 partment of Homeland Security on the Student and 

11 Exchange Visitor Program website from an institu12 tion of higher education (as defined in section 

13 101(a) of the Higher Education Act of 1965 (20 

14 U.S.C. 1001(a))) in the United States. 

15 ‘‘(iv) Other petitions. 

16 ‘‘(C) The first sentence of subparagraph (A) shall not 

17 apply in any fiscal year in which the demand for non18 immigrant visas under section 101(a)(15)(H)(i)(b) ex19 ceeds the numerical limitation under paragraph (1)(A) 

20 during the first 5 business days of the petition filing pe21 riod.’’. 

22 (c) PENALTY.— 

23 (1) IN GENERAL.—Section 214(g)(9) of the Im24 migration and Nationality Act, as added by subVerDate Sep 11 2014 03:27 Jan 26, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2344.IS S2344

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1 section (a)(7), is amended by adding at the end the 

2 following: 

3 ‘‘(D)(i) Subject to clause (ii), if 5 or more petitions 

4 for H–1B classification subject to the cap established 

5 under paragraph (1)(A) filed by an employer in a fiscal 

6 year are approved, the employer shall pay a penalty for 

7 each such approved petition subject to such cap for which 

8 the H–1B beneficiary works in the United States for less 

9 than 25 percent of the first year of the beneficiary’s ap10 proved work authorization period. 

11 ‘‘(ii)(I) An employer shall not be subject to the pen12 alties set forth in clause (i) if the employer withdraws the 

13 petition for an H–1B visa— 

14 ‘‘(aa) as a result of an unexpected change in 

15 the need for the alien worker; 

16 ‘‘(bb) because the alien worker commences em17 ployment in the United States for the employer 

18 under another lawful status; or 

19 ‘‘(cc) because the alien worker quit or resigned 

20 the worker’s position with the employer. 

21 ‘‘(II) An employer withdrawing a petition under sub22 clause (I) shall file with the Secretary a description of the 

23 circumstances— 

24 ‘‘(aa) resulting in the unexpected change in the 

25 need for the alien worker; 


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1 ‘‘(bb) surrounding the alien worker’s com2 mencement of employment in the United States for 

3 the employer under another lawful status; or 

4 ‘‘(cc) surrounding the alien worker’s decision to 

5 quit or resign the worker’s position with the em6 ployer. 

7 ‘‘(III) Any unused visas associated with petitions 

8 withdrawn under subclause (I) that were subject to the 

9 cap established under paragraph (1)(A) shall be reas10 signed to another H–1B petition filed by another employer 

11 either in the fiscal year in which the withdrawal was re12 ceived or in the following fiscal year. 

13 ‘‘(IV) Subclause (I) shall not apply to an employer 

14 in a fiscal year if— 

15 ‘‘(aa)(AA) at least 20 and not more than 49 pe16 titions filed by the employer in a fiscal year for H– 

17 1B visa classification subject to the cap established 

18 under paragraph (1)(A) are approved; and 

19 ‘‘(BB) the employer withdraws more than 25 

20 percent of the approved H–1B visa petitions subject 

21 to the numerical limitation under paragraph (1)(A) 

22 that were received by the employer in the fiscal year 

23 or the employer withdraws more than 10 percent of 

24 such petitions because the alien worker resigned his 


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1 or her employment with the employer before com2 pleting 3 months of employment; or 

3 ‘‘(bb)(AA) more than 50 petitions filed by the 

4 employer in a fiscal year for H–1B visa classification 

5 subject to the cap established under paragraph 

6 (1)(A) are approved; and 

7 ‘‘(BB) the employer withdraws more than 20 

8 percent of the approved H–1B visa petitions subject 

9 to the numerical limitation under paragraph (1)(A) 

10 that were received by the employer in the fiscal year 

11 or the employer withdraws more than 5 percent of 

12 such petitions because the alien worker resigned his 

13 or her employment with the employer before com14 pleting 3 months of employment. 

15 ‘‘(iii)(I) The penalty for a violation of clause (i) shall 

16 be— 

17 ‘‘(aa) $10,000 for each petition described in 

18 such clause during the first fiscal year of noncompli19 ance; and 

20 ‘‘(bb) $25,000 for each such petition after the 

21 first fiscal year of noncompliance. 

22 ‘‘(II) An employer subject to a penalty under clause 

23 (i) in any 3 fiscal years shall be barred from filing any 

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1 tion under paragraph (1)(A) for the fiscal year imme2 diately following the third year of noncompliance. 

3 ‘‘(iv) Each employer that has 5 or more approved pe4 titions for H–1B classification subject to the cap estab5 lished under paragraph (1)(A) shall submit an annual re6 port to the Secretary of Homeland Security that identi7 fies— 

8 ‘‘(I) the date on which each such H–1B non9 immigrant approved during the most recent fiscal 

10 year began working for the employer in the United 

11 States; and 

12 ‘‘(II) the total period of employment in the first 

13 year of available work authorization for each such 

14 H–1B nonimmigrant during the most recent fiscal 

15 year. 

16 ‘‘(v) Penalties assessed under this subparagraph shall 

17 be deposited into the Promoting American Ingenuity Ac18 count established under section 286(w).’’. 

19 (2) EFFECTIVE DATE.—Section 214(g)(9)(C) of 

20 the Immigration and Nationality Act, as added by 

21 paragraph (1), shall take effect on the date that is 

22 1 year after the date of the enactment of this Act. 

23 (d) REPORTING REQUIREMENT.—The Secretary of 

24 Homeland Security shall— 


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1 (1) timely upload to a public website data that 

2 summarizes the adjudication of nonimmigrant peti3 tions under section 101(a)(15)(H)(i)(b) of the Immi4 gration and Nationality Act (8 U.S.C. 

5 1101(a)(15)(H)(i)(b)) during each fiscal year; 

6 (2) allow the timely adjustment of visa alloca7 tions under section 214(g)(9)(B) of such Act, as 

8 added by subsection (a)(7); and 

9 (3) identify the number of previously approved 

10 visas that were the subject of withdrawn petitions 

11 under section 214(g)(9)(C)(ii) of such Act and are 

12 available for reassignment to another employer. 

13 (e) PROHIBITED LABOR PRACTICE.—Section 

14 212(n)(1) of the Immigration and Nationality Act (8 

15 U.S.C. 1182(n)(1)) is amended— 

16 (1) in the matter preceding subparagraph (A), 

17 by striking ‘‘stating the following’’ and inserting 

18 ‘‘containing the statements described in subpara19 graphs (A) through (G)’’; and 

20 (2) in the undesignated matter following sub21 paragraph (G)(ii)— 

22 (A) by striking ‘‘The employer shall make’’ 

23 and inserting the following: 

24 ‘‘(H) The employer shall make’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(I)(i) An employer may not hire an H–1B 

2 nonimmigrant for the purpose and intent of replac3 ing a United States worker with the H–1B non4 immigrant (other than through the United States 

5 worker’s promotion, voluntary transfer, voluntary 

6 departure, or voluntary retirement). In an enforce7 ment action for a violation of this clause, the agency 

8 initiating the enforcement action shall bear the bur9 den of proving that the employer acted with the pur10 pose and intent to replace the United States worker 

11 with the H–1B nonimmigrant. 

12 ‘‘(ii) No employer, having the purpose and in13 tent of replacing a current employee with an H–1B 

14 nonimmigrant (other than through the current em15 ployee’s promotion, voluntary transfer, voluntary de16 parture, or voluntary retirement), may condition the 

17 employee’s pay, bonus, or severance, or any other 

18 form of compensation, or the employee’s perform19 ance review, on the employee’s willingness to train 

20 the H–1B nonimmigrant to perform the employee’s 

21 responsibilities. In an enforcement action for a viola22 tion of this clause, the agency initiating the enforce23 ment action shall bear the burden of proving that 

24 the employer had the purpose and intent to replace 


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1 the current employee with the H–1B non2 immigrant.’’. 

3 (f) FUNDING.—Section 212(n) of the Immigration 

4 and Nationality Act (8 U.S.C. 1182(n)) is amended by 

5 adding at the end the following: 

6 ‘‘(6) The enforcement of this subsection may be car7 ried out using funds deposited into the Fraud Prevention 

8 and Detection Account under section 286(v).’’. 

9 SEC. 102. EMPLOYMENT AUTHORIZATION FOR DEPEND10 ENTS OF H–1B NONIMMIGRANTS. 

11 Section 214(c) of the Immigration and Nationality 

12 Act (8 U.S.C. 1184(c)) is amended— 

13 (1) by striking ‘‘Attorney General’’ each place 

14 such term appears and inserting ‘‘Secretary of 

15 Homeland Security’’; and 

16 (2) in paragraph (2), by adding at the end the 

17 following: 

18 ‘‘(G)(i) If the principal alien has a pending or ap19 proved Application for Permanent Employment Certifi20 cation or a pending or approved Immigrant Petition, the 

21 Secretary of Homeland Security shall— 

22 ‘‘(I) authorize the alien spouse of such principal 

23 alien admitted under section 101(a)(15)(H)(i)(b) 

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1 cipal alien to engage in employment in the United 

2 States; and 

3 ‘‘(II) provide the spouse with an ‘employment 

4 authorized’ endorsement or other appropriate work 

5 permit. 

6 ‘‘(ii) The employer of an alien spouse described in 

7 clause (i)(I) shall attest to the Secretary of Homeland Se8 curity that the employer is offering and will offer to the 

9 alien spouse, during the period of authorized employment, 

10 not less than the greater of— 

11 ‘‘(I) the actual wage level paid by the employer 

12 for the specific employment in question to all other 

13 individuals with similar experiences and qualifica14 tions; or 

15 ‘‘(II) the prevailing wage level for the occupa16 tional classification in the area of employment, re17 flecting the education, experience, and level of super18 vision required for the job to be performed by the 

19 alien spouse, based on the best information available 

20 at the time the alien spouse is hired.’’. 

21 SEC. 103. ELIMINATING IMPEDIMENTS TO WORKER MOBIL22 ITY. 

23 (a) EFFECT OF NEW JOB SITE.—Section 214(c)(10) 

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

25 1184(c)(10)) is amended to read as follows: 


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1 ‘‘(10) An amended H–1B petition shall not be re2 quired if— 

3 ‘‘(A) the petitioning employer is involved in a 

4 corporate restructuring, including a merger, acquisi5 tion, or consolidation; 

6 ‘‘(B) a new corporate entity succeeds to the in7 terests and obligations of the original petitioning 

8 employer and the terms and conditions of employ9 ment remain the same except for the identity of the 

10 petitioner; or 

11 ‘‘(C) the nonimmigrant worker begins working 

12 at a new place of employment for which the peti13 tioner has secured a valid, certified Labor Condition 

14 Application before the nonimmigrant worker began 

15 working at such place of employment.’’. 

16 (b) DEFERENCE TO PRIOR APPROVALS.—Section 

17 214(c) of such Act, as amended by subsection (a) and sec18 tion 102, is further amended by adding at the end the 

19 following: 

20 ‘‘(15) If the Secretary of Homeland Security or the 

21 Secretary of State approves a visa, petition, or application 

22 for admission on behalf of an alien described in subpara23 graph (H)(i)(b) or (L) of section 101(a)(15), the Sec24 retary of Homeland Security or the Secretary of State 

25 may not deny a subsequent petition, visa, or application 


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1 for admission involving the same employer and alien un2 less the applicant is provided with a written finding that 

3 explains the basis for the Government’s determination 

4 that— 

5 ‘‘(A) there was a material error with regard to 

6 the approval of the previous petition, visa, or appli7 cation for admission; 

8 ‘‘(B) a substantial change in circumstances has 

9 taken place since the prior approval or admission 

10 that renders the nonimmigrant ineligible for such 

11 status under this Act; or 

12 ‘‘(C) new material information has been discov13 ered that adversely impacts the eligibility of the em14 ployer or the nonimmigrant.’’. 

15 (c) EFFECT OF ENDING EMPLOYMENT RELATION16 SHIP.—Section 214(n) of such Act (8 U.S.C. 1184(n)) is 

17 amended by adding at the end the following: 

18 ‘‘(3) A nonimmigrant admitted under section 

19 101(a)(15)(H)(i)(b) whose employment relationship ends 

20 (either voluntarily or involuntarily) before the expiration 

21 of the nonimmigrant’s period of authorized admission 

22 shall be deemed to have retained such legal status 

23 throughout the 60-day period beginning on such employ24 ment ending date if an employer files a petition to extend, 


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1 change, or adjust the status of the nonimmigrant during 

2 such period.’’. 

3 SEC. 104. DEFINITIONS. 

4 (a) INTENDING IMMIGRANT.—Section 101(a) of the 

5 Immigration and Nationality Act (8 U.S.C. 1101(a)) is 

6 amended by adding at the end the following: 

7 ‘‘(53)(A) The term ‘intending immigrant’ means, 

8 with respect to the number of aliens employed by an em9 ployer, an alien who intends to work and reside perma10 nently in the United States, as evidenced by— 

11 ‘‘(i) a pending or approved application for a 

12 labor certification filed for such alien by a covered 

13 employer; or 

14 ‘‘(ii) a pending or approved immigrant status 

15 petition filed for such alien by a covered employer. 

16 ‘‘(B) In this paragraph: 

17 ‘‘(i) The term ‘covered employer’ means an em18 ployer that has filed immigrant status petitions for 

19 not fewer than 90 percent of current employees who 

20 were the beneficiaries of applications for labor cer21 tification that were approved during the 1-year pe22 riod ending 6 months before the filing of an applica23 tion or petition for which the number of intending 

24 immigrants is relevant. 


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1 ‘‘(ii) The term ‘immigrant status petition’ 

2 means a petition filed under paragraph (1), (2), or 

3 (3) of section 203(b). 

4 ‘‘(iii) The term ‘labor certification’ means an 

5 employment certification under section 212(a)(5)(A). 

6 ‘‘(C) Notwithstanding any other provision of law— 

7 ‘‘(i) for all calculations of the number of aliens 

8 admitted pursuant to subparagraph (H)(i)(b) or (L) 

9 of paragraph (15), including calculations for the 

10 purposes set forth in section 203(i), an intending 

11 immigrant shall be counted as an alien lawfully ad12 mitted for permanent residence and shall not be 

13 counted as an employee admitted pursuant to such 

14 a subparagraph; and 

15 ‘‘(ii) for all determinations of the number of 

16 employees or United States workers employed by an 

17 employer, all of the employees in any group treated 

18 as a single employer under subsection (b), (c), (m), 

19 or (o) of section 414 of the Internal Revenue Code 

20 of 1986 shall be counted. 

21 ‘‘(54) The term ‘STEM’ means the academic and 

22 professional disciplines of science (excluding social 

23 sciences), technology, engineering, and mathematics.’’. 


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1 (b) H–1B DEPENDENT EMPLOYERS; EXEMPT H–1B 

2 NONIMMIGRANTS.—Section 212(n) of the Immigration 

3 and Nationality Act (8 U.S.C. 1182(n)) is amended— 

4 (1) in paragraph (1)— 

5 (A) in subparagraph (E)— 

6 (i) in clause (i), by striking ‘‘(as de7 fined in paragraph (4))’’; and 

8 (ii) by striking clause (ii) and insert9 ing the following: 

10 ‘‘(ii) Except as provided in clause (iii), an appli11 cation described in this clause is an application filed 

12 by— 

13 ‘‘(I) an H–1B-dependent employer; or 

14 ‘‘(II) an employer that has been found 

15 under paragraph (2)(C) or (5) to have com16 mitted a willful failure or misrepresentation 

17 during the 5-year period preceding the filing of 

18 the application. 

19 ‘‘(iii)(I) Except as provided in subclause (II), 

20 an application is not described in clause (ii) if the 

21 only H–1B nonimmigrants sought in the application 

22 are exempt H–1B nonimmigrants. 

23 ‘‘(II) Subclause (I) shall not apply if the em24 ployer has more than 50 employees and more than 


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1 50 percent of the employer’s employees are H–1B 

2 nonimmigrants.’’; 

3 (2) in paragraph (2)(F)— 

4 (A) by inserting ‘‘(i)’’ before ‘‘Subject’’; 

5 and 

6 (B) by adding at the end the following: 

7 ‘‘(ii) The Director of U.S. Citizenship and Immigra8 tion Services shall provide the Secretary of Labor with any 

9 information contained in the materials submitted by em10 ployers of H–1B nonimmigrants as part of the petition 

11 adjudication process that indicates that the employer is 

12 not complying with visa program requirements for H–1B 

13 nonimmigrants. The Secretary may initiate and conduct 

14 an investigation and hearing under this paragraph after 

15 receiving information of noncompliance under this sub16 paragraph.’’; and 

17 (3) in paragraph (3)— 

18 (A) by amending subparagraph (A) to read 

19 as follows: 

20 ‘‘(A)(i) For purposes of this subsection, the term ‘H– 

21 1B-dependent employer’ means an employer that— 

22 ‘‘(I) in the case of an employer that has 25 or 

23 fewer full-time equivalent employees who are em24 ployed in the United States, employs more than 7 

25 H–1B nonimmigrants; 


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•S 2344 IS

1 ‘‘(II) in the case of an employer that has at 

2 least 26 but not more than 50 full-time equivalent 

3 employees who are employed in the United States, 

4 employs more than 12 H–1B nonimmigrants; or 

5 ‘‘(III) in the case of an employer that has at 

6 least 51 full-time equivalent employees who are em7 ployed in the United States, employs H–1B non8 immigrants in a number that is equal to at least 15 

9 percent of the number of such full-time equivalent 

10 employees. 

11 ‘‘(ii) In determining the number of employees who are 

12 H–1B nonimmigrants under subparagraph (A), an intend13 ing immigrant employee shall not count toward such num14 ber.’’; and 

15 (B) in subparagraph (B)— 

16 (i) by amending clause (i) to read as 

17 follows: 

18 ‘‘(i) the term ‘exempt H–1B nonimmigrant’ 

19 means an H–1B nonimmigrant who— 

20 ‘‘(I) receives wages (including cash bo21 nuses) at an annual rate equal to not less than 

22 the higher of— 

23 ‘‘(aa) 105 percent of the occupational 

24 mean wage, as determined based on BuVerDate Sep 11 2014 22:46 Jan 26, 2018 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2344.IS S2344

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1 reau of Labor Statistics data for the geo2 graphic area of employment; or 

3 ‘‘(bb) $100,000 (or the adjusted 

4 amount under clause (iii), if applicable); or 

5 ‘‘(II) has attained a doctoral degree from 

6 an institution of higher education (as defined in 

7 section 101(a) of the Higher Education Act of 

8 1965 (20 U.S.C. 1001(a))) in the United States 

9 in a specialty related to the intended employ10 ment;’’; 

11 (ii) in clause (ii), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(iii) the amount under clause (i)(I)(bb) shall 

16 be increased, for the third fiscal year beginning after 

17 the date of the enactment of this clause and for 

18 every third fiscal year thereafter, by the percentage 

19 (if any) by which the Consumer Price Index for the 

20 month of June preceding the date on which such in21 crease takes effect exceeds the Consumer Price 

22 Index for the same month of the third preceding cal23 endar year.’’. 


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1 SEC. 105. STRENGTHENING THE PREVAILING WAGE SYS2 TEM. 

3 Section 212(p) of the Immigration and Nationality 

4 Act (8 U.S.C. 1182(p)) is amended— 

5 (1) in paragraph (4), by adding at the end the 

6 following: ‘‘With regard to the prevailing wage re7 quired to be paid under subsections (a)(5)(A), 

8 (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) (as added by 

9 section 402(b)(2) of Public Law 108–77), the first 

10 level of wages shall be not less than the mean of the 

11 lowest 50 percent of the wages surveyed.’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(5) An employer may use an independent survey ap14 proved by the Secretary of Labor for purposes of this sec15 tion. The Secretary shall approve such a survey if— 

16 ‘‘(A) the survey was published during the most 

17 recent 2-year period; 

18 ‘‘(B) the survey has not been duplicated since 

19 its initial publication; 

20 ‘‘(C) the data upon which the survey is based 

21 was collected during the 2-year period ending on the 

22 date on which the survey was published; 

23 ‘‘(D) the survey reflects the area of intended 

24 employment; 

25 ‘‘(E) the employer’s job description adequately 

26 matches the job description in the survey; 


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•S 2344 IS

1 ‘‘(F) the survey is across industries that employ 

2 workers in the occupation; 

3 ‘‘(G) the wage determination is based on the 

4 arithmetic mean (weighted average); and 

5 ‘‘(H) the survey identifies a statistically valid 

6 methodology that was used to collect the data.’’. 

7 SEC. 106. SCHEDULE A STUDY. 

8 Not later than 1 year after the date of the enactment 

9 of this Act, the Secretary of Labor, in cooperation with 

10 the Office of Foreign Labor Certification, shall— 

11 (1) submit to the Committee on the Judiciary 

12 of the Senate and the Committee on the Judiciary 

13 of the House of Representatives the results of a 

14 study to determine whether the occupations listed in 

15 Schedule A (20 C.F.R. 656.5) should be modified or 

16 expanded; and 

17 (2) if the study determines that Schedule A 

18 should be modified or expanded, publish a notice of 

19 proposed rulemaking in the Federal Register. 


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1 TITLE II—EMPLOYMENT-BASED 

2 IMMIGRANT VISAS 

3 SEC. 201. ELIMINATION OF PER-COUNTRY NUMERICAL LIM4 ITATIONS. 

5 (a) IN GENERAL.—Section 202(a)(2) of the Immi6 gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 

7 amended to read as follows: 

8 ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON9 SORED IMMIGRANTS.—Subject to paragraphs (3) 

10 and (4), the total number of immigrant visas made 

11 available to natives of any single foreign state or de12 pendent area under section 203(a) in any fiscal year 

13 may not exceed 15 percent (in the case of a single 

14 foreign state) or 2 percent (in the case of a depend15 ent area) of the total number of such visas made 

16 available under such section in that fiscal year.’’. 

17 (b) CONFORMING AMENDMENTS.—Section 202 of 

18 such Act (8 U.S.C. 1152) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (3), by striking ‘‘both 

21 subsections (a) and (b) of section 203’’ and in22 serting ‘‘section 203(a)’’; and 

23 (B) by striking paragraph (5); and 

24 (2) by amending subsection (e) to read as fol25 lows: 


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

2 If the total number of immigrant visas made available 

3 under section 203(a) to natives of any single foreign state 

4 or dependent area will exceed the numerical limitation 

5 specified in subsection (a)(2) in any fiscal year, the num6 ber of visas for natives of that state or area shall be allo7 cated under section 203(a) so that, except as provided in 

8 subsection (a)(4), the proportion of the visa numbers 

9 made available under each of paragraphs (1) through (4) 

10 of section 203(a) is equal to the ratio of the total number 

11 of visas made available under the respective paragraph to 

12 the total number of visas made available under section 

13 203(a).’’. 

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

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

16 note) is amended— 

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

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

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

20 subsection (e) as subsection (d). 

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

22 this section shall take effect as if enacted on October 1, 

23 2017, and shall apply to fiscal years beginning with fiscal 

24 year 2018. 


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1 SEC. 202. ENSURING THE ISSUANCE OF ALL PREFERENCE 

2 EMPLOYMENT-BASED IMMIGRANT VISAS. 

3 (a) BACKLOG REDUCTION.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, beginning in fiscal year 2018, the 

6 number of employment-based immigrant visas that 

7 shall be issued under paragraph (1), (2), or (3) of 

8 section 203(b) of the Immigration and Nationality 

9 Act (8 U.S.C. 1153(b)) shall be increased by the 

10 number computed under paragraph (2). 

11 (2) NUMBER AVAILABLE.— 

12 (A) IN GENERAL.—The number computed 

13 under this paragraph is— 

14 (i) the greater of— 

15 (I) the number of preference im16 migrant visas computed under section 

17 201(d)(1) of the Immigration and Na18 tionality Act (8 U.S.C. 1151(d)(1)) 

19 for fiscal years 1992 to 2013 that 

20 were not issued to any preference im21 migrant for any of those fiscal years; 

22 or 

23 (II) 200,000; minus 

24 (ii) the number described in subpara25 graph (B). 


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1 (B) REDUCTION.—The number described 

2 in subparagraph (A)(i) shall be reduced, for 

3 each fiscal year after fiscal year 2017, by the 

4 cumulative number of immigrant visas issued 

5 for previous fiscal years pursuant to the in6 crease authorized under paragraph (1). 

7 (C) CONSTRUCTION.— 

8 (i) IN GENERAL.—Nothing in this 

9 paragraph may be construed as affecting 

10 the application of section 201(c)(3)(C) of 

11 the Immigration and Nationality Act (8 

12 U.S.C. 1151(c)(3)(C)) with regard to im13 migrant visas other than the visas author14 ized by the increase computed under sub15 paragraph (A). 

16 (ii) LIMITATION.—The visas author17 ized by the increase computed under sub18 paragraph (A) may only be issued to aliens 

19 seeking immigrant visas pursuant to para20 graph (1), (2), or (3) of section 203(b) of 

21 the Immigration and Nationality Act (8 

22 U.S.C. 1153(b)). 

23 (b) PREFERENCE IMMIGRATION AS DIRECTED BY

24 CONGRESS.—Section 201(c)(1)(B)(ii) of the Immigration 


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1 and Nationality Act (8 U.S.C. 1151(c)(1)(B)(ii)) is 

2 amended to read as follows: 

3 ‘‘(ii) The number computed under subparagraph (A) 

4 shall not be less than the sum of— 

5 ‘‘(I) 226,000; plus 

6 ‘‘(II) the number computed under paragraph 

7 (3).’’. 

8 (c) ENSURING FULL IMPLEMENTATION.—Section 

9 203(g) of the Immigration and Nationality Act (8 U.S.C. 

10 1153(g)) is amended by striking ‘‘(g) LISTS.—For pur11 poses of carrying out’’ and inserting the following: 

12 ‘‘(g) ADMINISTRATION.— 

13 ‘‘(1) OBLIGATION TO ISSUE ALL AUTHORIZED

14 VISAS.— 

15 ‘‘(A) IN GENERAL.—The Secretary of 

16 State, in coordination with the Secretary of 

17 Homeland Security, shall administer this sec18 tion in a manner that ensures that all immi19 grant visas authorized by Congress to be issued 

20 under this section are issued to qualified appli21 cants. 

22 ‘‘(B) NOTICE.—Not later than June 1 of 

23 each fiscal year, the Secretary of State shall 

24 publish a notice in the Federal Register that 


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•S 2344 IS

1 describes the steps that the Government is tak2 ing to comply with subparagraph (A). 

3 ‘‘(2) LISTS.—In order to carry out’’. 

4 (d) FACILITATING ISSUANCE OF VISAS.—Section 

5 245(a) of the Immigration and Nationality Act (8 U.S.C. 

6 1255(a)) is amended by adding at the end the following: 

7 ‘‘For purposes of paragraph (3), an immigrant visa is 

8 deemed to be immediately available if any visa number al9 located under this Act to preference immigrants described 

10 in section 203(b) has not yet been issued for that fiscal 

11 year.’’. 

12 SEC. 203. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 

13 LIMITATION. 

14 (a) IN GENERAL.—Section 201(b)(1) of the Immi15 gration and Nationality Act (8 U.S.C. 1151(b)(1)) is 

16 amended by adding at the end the following: 

17 ‘‘(F) Aliens who are the spouse or a child of an 

18 alien admitted as an employment-based immigrant 

19 under subsection (b) or (i) of section 203. 

20 ‘‘(G) Aliens who have earned a master’s or 

21 higher degree in a field listed on the STEM Des22 ignated Degree Program List published by the De23 partment of Homeland Security on the Student and 

24 Exchange Visitor Program website from an institu25 tion of higher education (as defined in section 


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•S 2344 IS

1 101(a) of the Higher Education Act of 1965 (20 

2 U.S.C. 1001(a))) in the United States. 

3 ‘‘(H) Aliens for whom a petition for an employ4 ment-based immigrant visa under paragraph (A) or 

5 (B) of section 203(b)(1) has been approved.’’. 

6 (b) CONFORMING AMENDMENTS.—Section 203(b) of 

7 the Immigration and Nationality Act (8 U.S.C. 1153(b)) 

8 is amended— 

9 (1) in paragraph (1), in the matter preceding 

10 subparagraph (A), by striking ‘‘28.6 percent’’ and 

11 inserting ‘‘12 percent’’; 

12 (2) in paragraph (2)(A), by striking ‘‘28.6 per13 cent’’ and inserting ‘‘36.9 percent’’; and 

14 (3) in paragraph (3)(A), by striking ‘‘28.6 per15 cent’’ and inserting ‘‘36.9 percent’’. 

16 SEC. 204. INCREASED PORTABILITY. 

17 Section 204(j) of the Immigration and Nationality 

18 Act (8 U.S.C. 1154(j)) is amended to read as follows: 

19 ‘‘(j) JOB FLEXIBILITY FOR LONG DELAYED APPLI20 CANTS FOR ADJUSTMENT OF STATUS TO PERMANENT

21 RESIDENCE.—A petition filed under subsection (a)(1)(F) 

22 for an individual who has filed an application for adjust23 ment of status pursuant to section 245 or has been grant24 ed conditional permanent resident status pursuant to sec25 tion 216B and has had 3 annual reviews of such status 


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1 approved, shall remain valid with respect to a new job if 

2 the individual changes jobs or employers if the new job 

3 is in the same or a similar occupational classification as 

4 the job for which the petition was filed.’’. 

5 SEC. 205. ADJUSTMENT OF STATUS FOR EMPLOYMENT6 BASED IMMIGRANTS. 

7 Section 245 of the Immigration and Nationality Act 

8 (8 U.S.C. 1255) is amended— 

9 (1) in subsection (c)— 

10 (A) by striking ‘‘to (1) an alien’’ and in11 serting the following: ‘‘to— 

12 ‘‘(1) an alien’’; 

13 (B) by striking ‘‘(2) subject’’ and inserting 

14 the following: 

15 ‘‘(2) subject’’; 

16 (C) by striking ‘‘(3) any alien’’ and insert17 ing the following: 

18 ‘‘(3) any alien’’; 

19 (D) by striking ‘‘(4) an alien’’ and insert20 ing the following: 

21 ‘‘(4) an alien’’; 

22 (E) by striking ‘‘(5) an alien’’ and insert23 ing the following: 

24 ‘‘(5) an alien’’; 


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1 (F) by striking ‘‘section 101(a)(15)(S), (6) 

2 an alien’’ and inserting the following: ‘‘section 

3 101(a)(15)(S); 

4 ‘‘(6) an alien’’; 

5 (G) by striking ‘‘(7) any alien’’ and insert6 ing the following: 

7 ‘‘(7) any alien’’; 

8 (H) in paragraph (7), by inserting ‘‘or 

9 203(i)’’ after ‘‘203(b)’’; and 

10 (I) by striking ‘‘status; or (8) any alien’’ 

11 and inserting the following: ‘‘status; or 

12 ‘‘(8) any alien’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOYMENT15 BASED IMMIGRANTS.— 

16 ‘‘(1) PETITION.—Any alien, and any eligible de17 pendent of such alien, who has an approved petition 

18 for immigrant status, may file an application with 

19 the Secretary of Homeland Security for adjustment 

20 of status regardless of whether an immigrant visa is 

21 immediately available at the time the application is 

22 filed. 

23 ‘‘(2) SUPPLEMENTAL FEE.—If a visa is not im24 mediately available at the time an application is filed 

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1 tion shall pay a supplemental fee of $500, which 

2 shall be deposited into the Promoting American In3 genuity Account established under section 286(w). 

4 This fee shall not be collected from any dependent 

5 accompanying or following to join such beneficiary. 

6 ‘‘(3) AVAILABILITY.—An application filed under 

7 this subsection may not be approved until the date 

8 on which an immigrant visa becomes available.’’. 

9 SEC. 206. EMPLOYMENT-BASED CONDITIONAL IMMI10 GRANTS. 

11 (a) WORLDWIDE LEVEL.—Section 201(a) of the Im12 migration and Nationality Act (8 U.S.C. 1151) is amend13 ed— 

14 (1) in paragraph (2), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (3), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(4) for fiscal year 2019 and each subsequent 

20 fiscal year, conditional employment-based immi21 grants described in section 203(i) in a number not 

22 to exceed 35,000 for any fiscal year.’’. 

23 (b) REQUIREMENTS.—Section 203 of the Immigra24 tion and Nationality Act (8 U.S.C. 1153) is amended— 


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1 (1) in subsection (d), by striking ‘‘or (c)’’ and 

2 inserting ‘‘(c), or (i)’’; 

3 (2) in subsection (e)— 

4 (A) by redesignating paragraph (3) as 

5 paragraph (4); and 

6 (B) by inserting after paragraph (2) the 

7 following: 

8 ‘‘(3) Immigrant visa numbers made available under 

9 subsection (i) shall be issued to eligible immigrants in a 

10 manner and order established by the Secretary of Home11 land Security, by regulations, in accordance with the re12 quirements under such subsection.’’; 

13 (3) in subsection (f)— 

14 (A) by striking ‘‘his’’ and inserting ‘‘the 

15 alien’s’’; 

16 (B) by striking ‘‘or (c) of this section’’ and 

17 inserting ‘‘(c), or (i)’’; and 

18 (C) by striking ‘‘he’’ and inserting ‘‘the 

19 consular officer’’; 

20 (4) in subsection (g)(2), as amended by section 

21 202(c), by striking ‘‘and (c)’’ and inserting ‘‘(c), and 

22 (i)’’; and 

23 (5) by adding at the end the following: 

24 ‘‘(i) CONDITIONAL EMPLOYMENT-BASED IMMI25 GRANTS.— 


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1 ‘‘(1) AUTHORIZATION.—Conditional employ2 ment-based immigrant visas shall be made available 

3 in a number not to exceed 35,000 for each fiscal 

4 year, to any eligible alien (including any non5 immigrant lawfully residing in the United States) 

6 who— 

7 ‘‘(A) has earned a university degree; 

8 ‘‘(B) has received an offer of employment 

9 from a United States employer that has com10 plied with the requirements under section 

11 204(a)(1)(M); and 

12 ‘‘(C) will satisfy the requirements for im13 migrant classification under paragraph (1), (2), 

14 or (3) of subsection (b). 

15 ‘‘(2) DEPARTURE NOT REQUIRED.—The Sec16 retary of Homeland Security may not require a non17 immigrant who is lawfully residing in the United 

18 States to leave the United States in order to obtain 

19 a conditional employment-based immigrant visa 

20 under paragraph (1).’’. 

21 (c) PETITIONING PROCEDURE.— 

22 (1) IN GENERAL.—Section 204(a)(1) of the Im23 migration and Nationality Act (8 U.S.C. 1154(a)(1)) 

24 is amended— 


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1 (A) in subparagraph (F), by striking ‘‘sec2 tion 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 

3 203(b)(3)’’ and inserting ‘‘paragraph (1)(B), 

4 (1)(C), (2), or (3) of section 203(b) or section 

5 203(i)’’; 

6 (B) by moving subparagraph (L) 4 ems to 

7 the left; and 

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

9 ‘‘(M) Each employer petitioning for a conditional em10 ployment-based immigrant visa on behalf of an alien under 

11 this subsection, or seeking to hire a conditional employ12 ment-based immigrant who was previously admitted— 

13 ‘‘(i) shall file a petition with the Secretary of 

14 Homeland Security attesting that— 

15 ‘‘(I) the alien will be paid not less than a 

16 similarly situated United States worker; 

17 ‘‘(II) no United States worker has been or 

18 will be displaced by the alien; 

19 ‘‘(III) the employer has undertaken re20 cruitment efforts to hire United States workers, 

21 in the alien’s same occupation or a similar occu22 pation, who possess a bachelor’s degree or high23 er, including at least 3 types of targeted re24 cruiting efforts, such as job fairs, on-campus 


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•S 2344 IS

1 recruiting, or job postings that attract appli2 cants; and 

3 ‘‘(IV) the employer is in compliance with 

4 the requirements under clauses (ii) through 

5 (vii); 

6 ‘‘(ii) shall be prepared to document all recruit7 ment efforts attested to under clause (i)(III), if au8 dited by the Secretary; 

9 ‘‘(iii) shall fully participate in the E-Verify Pro10 gram established under section 403(a) of the Illegal 

11 Immigration Reform and Immigrant Responsibility 

12 Act of 1996 (8 U.S.C. 1324a note); 

13 ‘‘(iv) shall pay, for each petition filed under 

14 clause (i), a $10,000 fee, which shall be deposited 

15 into the Promoting American Ingenuity Account es16 tablished under section 286(w); 

17 ‘‘(v) shall pay an administrative fee in an 

18 amount that is sufficient to cover the average paper19 work processing and other administrative costs of an 

20 alien participating in the program established under 

21 this subsection; 

22 ‘‘(vi) may not be an H–1B-dependent employer 

23 (as defined in section 212(n)(3)(A)); and 

24 ‘‘(vii) may not be debarred from any existing 

25 immigration program.’’. 


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1 (2) ADJUDICATION OF PETITIONS.—The Sec2 retary of Homeland Security shall adjudicate all pe3 titions filed under section 204(a)(1)(M)(i) of the Im4 migration and Nationality Act, as added by para5 graph (1), not later than 60 days after receiving 

6 such petitions. 

7 (d) LABOR CERTIFICATION BASED ON PRIOR COM8 PETITIVE RECRUITMENT.— 

9 (1) IN GENERAL.—Section 212(a)(5)(A)(ii) of 

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

11 1182(a)(5)(A)(ii)) is amended— 

12 (A) in the clause heading, by inserting 

13 ‘‘FOR SPECIAL RECRUITMENT AND DOCU14 MENTATION PROCEDURES’’ after ‘‘RULE’’; 

15 (B) in subclause (I), by striking ‘‘, or’’ and 

16 inserting a semicolon; 

17 (C) in subclause (II), by striking the pe18 riod at the end and inserting ‘‘; or’’; and 

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

20 ‘‘(III) is a conditional permanent 

21 resident under section 216B and re22 ceives wages (including cash bonuses) 

23 at an annual rate equal to not less 

24 than $100,000.’’. 


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1 (2) INFLATION ADJUSTMENT.—The amount 

2 specified in section 212(a)(5)(A)(ii)(III) of the Im3 migration and Nationality Act, as added by para4 graph (1), shall be increased, on the first day of the 

5 third fiscal year beginning after the date of the en6 actment of this Act, and on the first day of every 

7 third fiscal year thereafter, by the percentage (if 

8 any) by which the Consumer Price Index for the 

9 month of June preceding the date on which such in10 crease takes effect exceeds the Consumer Price 

11 Index for the same month of the third preceding cal12 endar year. 

13 (e) CONDITIONAL PERMANENT RESIDENCY.— 

14 (1) IN GENERAL.—Chapter 2 of title II of the 

15 Immigration and Nationality Act (8 U.S.C. 1181 et 

16 seq.) is amended by inserting after section 216A the 

17 following: 

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

19 FOR CERTAIN HIGHLY SKILLED PROFES20 SIONALS, SPOUSES, AND CHILDREN. 

21 ‘‘(a) IN GENERAL.— 

22 ‘‘(1) CONDITIONAL BASIS FOR STATUS.—Not23 withstanding any other provision of this Act, a con24 ditional employment-based immigrant (as described 

25 in section 203(i)), and the alien spouse and alien 


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•S 2344 IS

1 children of such immigrant, shall each be provided 

2 the status of an alien lawfully admitted for perma3 nent residence, and shall be considered to have ob4 tained such status on a conditional basis subject to 

5 the provisions of this section. 

6 ‘‘(2) NOTICE OF REQUIREMENTS.—At the time 

7 a conditional employment-based immigrant, or the 

8 alien spouse or child of such immigrant, obtains per9 manent resident status on a conditional basis, the 

10 Secretary of Homeland Security shall notify such 

11 immigrant, spouse, or child of— 

12 ‘‘(A) the provisions of this section; 

13 ‘‘(B) the requirements for maintaining 

14 such conditional permanent resident status; and 

15 ‘‘(C) the requirements to have the condi16 tional basis of such status removed. 

17 ‘‘(b) ANNUAL REVIEW.— 

18 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

19 Security shall annually review the status of each 

20 alien receiving conditional permanent resident status 

21 under subsection (a) and shall require from the alien 

22 proof or evidence of— 

23 ‘‘(A) ongoing employment in the occupa24 tion for which the alien was granted a condi25 tional employment-based visa by an employer 


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•S 2344 IS

1 that has complied with the requirements under 

2 section 204(a)(1)(M); 

3 ‘‘(B) the payment of all applicable income 

4 and Social Security taxes; 

5 ‘‘(C) at the first annual review— 

6 ‘‘(i) a filing with the Department of 

7 Labor on the alien’s behalf of an Applica8 tion for Permanent Employment Certifi9 cation, if such certification is required for 

10 the alien to satisfy the requirements for 

11 immigrant classification under paragraph 

12 (1), (2), or (3) of section 203(b); or 

13 ‘‘(ii) a filing with the Department of 

14 Homeland Security on the alien’s behalf of 

15 an Immigrant Petition for Alien Worker, if 

16 such certification is not required for the 

17 alien to satisfy the requirements for immi18 grant classification under paragraph (1), 

19 (2), or (3) of section 203(b); 

20 ‘‘(D) at the second annual review, a filing 

21 with the Department of Homeland Security on 

22 the alien’s behalf of an Immigrant Petition for 

23 Alien Worker, unless a pending Application for 

24 Permanent Employment Certification prevents 


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1 the filing of an Immigrant Petition for Alien 

2 Worker on the alien’s behalf; and 

3 ‘‘(E) at the third and subsequent annual 

4 reviews, an approval from the Department of 

5 Homeland Security of an Immigrant Petition 

6 for Alien Worker filed on the alien’s behalf. 

7 ‘‘(2) EFFECT OF DENIAL.—A filing with the 

8 Department of Labor on the alien’s behalf of an Ap9 plication for Permanent Employment Certification 

10 or a filing with the Department of Homeland Secu11 rity on the alien’s behalf of an Immigrant Petition 

12 for Alien Worker shall not qualify as proof or evi13 dence under paragraph (1) if— 

14 ‘‘(A) the Application for Permanent Em15 ployment Certification or the Immigrant Peti16 tion for Alien Worker has been denied by a 

17 final agency action; or 

18 ‘‘(B) an approved Immigrant Petition for 

19 Alien Worker filed on the alien’s behalf was re20 voked for cause under section 205. 

21 ‘‘(c) TRANSFERS.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), an alien receiving conditional permanent 

24 resident status under subsection (a) may begin em25 ployment with a new employer without affecting his 


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1 or her status if the new employer complies with the 

2 requirements set forth in section 204(a)(1)(M). 

3 ‘‘(2) FEE.—Notwithstanding section 

4 204(a)(1)(M), the fee payable by the new employer 

5 for each alien shall be— 

6 ‘‘(A) $10,000 if the new employer hires the 

7 alien during the 1-year period beginning on the 

8 date on which the alien obtained conditional 

9 permanent resident status under subsection (a); 

10 ‘‘(B) $5,000 if the new employer hires the 

11 alien during the 1-year period beginning at the 

12 end of the period described in subparagraph 

13 (A); 

14 ‘‘(C) $2,500 if the new employer hires the 

15 alien during the 1-year period beginning at the 

16 end of the period described in subparagraph 

17 (B); and 

18 ‘‘(D) zero if the new employer hires the 

19 alien after the end of the period described in 

20 subparagraph (C). 

21 ‘‘(d) TERMINATION.—The Secretary of Homeland 

22 Security shall terminate the conditional permanent resi23 dent status of an alien who received such status under 

24 subsection (a) if— 

25 ‘‘(1) the alien— 


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1 ‘‘(A) fails to submit the required proof or 

2 evidence at the annual review in accordance 

3 with subsection (b); or 

4 ‘‘(B) submits proof or evidence at such a 

5 review that fails to satisfy the requirements 

6 under subsection (b); 

7 ‘‘(2) the alien has been unemployed or em8 ployed other than in the occupation for which the 

9 alien was granted a conditional employment-based 

10 immigrant visa for a cumulative total of 180 days 

11 while holding conditional permanent resident status 

12 under subsection (a); 

13 ‘‘(3) the alien is employed by an employer that 

14 is not in compliance with the requirements under 

15 section 204(a)(1)(M); 

16 ‘‘(4) the alien does not apply to remove the con17 ditions attached to his or her permanent resident 

18 status within 1 year after an immigrant visa would 

19 be available for such alien under paragraph (1), (2), 

20 or (3) of section 203(b) based on the alien’s pref21 erence category and country of chargeability if the 

22 alien did not have conditional permanent resident 

23 status; or 

24 ‘‘(5) an application submitted by the alien to 

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1 nent resident status is denied in a final agency ac2 tion. 

3 ‘‘(e) REMOVAL OF CONDITIONS.—Any alien receiving 

4 conditional permanent resident status under subsection 

5 (a) may file an application to have the conditions removed 

6 on or after the date on which an immigrant visa would 

7 be available for such alien under paragraph (1), (2), or 

8 (3) of section 203(b) based on the alien’s preference cat9 egory and country of chargeability if the alien did not have 

10 conditional permanent resident status. Such application 

11 shall include the same proof or evidence that would be re12 quired for an annual review under subsection (b) if such 

13 review occurred on the date on which the application was 

14 filed.’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents for the Immigration and Nationality Act (8 

17 U.S.C. 1101 note) is amended by inserting after the 

18 item relating to section 216A the following: 

‘‘Sec. 216B. Conditional permanent resident status for certain highly skilled 

professionals, spouses, and children.’’. 

19 TITLE III—STUDENT VISAS 

20 SEC. 301. AUTHORIZATION OF DUAL INTENT. 

21 (a) DEFINITION.—Section 101(a)(15)(F)(i) of the 

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

23 1101(a)(15)(F)(i)) is amended by striking ‘‘which he has 

24 no intention of abandoning’’. 


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1 (b) PRESUMPTION OF STATUS; INTENTION TO ABAN2 DON FOREIGN RESIDENCE.—Section 214 of such Act (8 

3 U.S.C. 1184) is amended— 

4 (1) in subsection (b), by striking ‘‘(L) or (V)’’ 

5 and inserting ‘‘(F), (L), or (V)’’; and 

6 (2) in subsection (h), by striking ‘‘(H)(i)(b) or 

7 (c)’’ and inserting ‘‘(F), (H)(i)(b), (H)(i)(c)’’. 

8 TITLE IV—STEM EDUCATION 

9 AND WORKER TRAINING 

10 SEC. 401. FUNDING FOR STEM EDUCATION AND WORKER 

11 TRAINING. 

12 (a) NONIMMIGRANT FEE ADJUSTMENT AND ALLOCA13 TION.—Section 214(c)(9) of the Immigration and Nation14 ality Act (8 U.S.C. 1184(c)(9)) is amended— 

15 (1) in subparagraph (A), by striking ‘‘before’’; 

16 and 

17 (2) by striking subparagraphs (B) and (C) and 

18 inserting the following: 

19 ‘‘(B) Except as provided in subparagraph (C), the 

20 amount of the fee imposed under this paragraph shall 

21 be— 

22 ‘‘(i) $2,000 for each such petition filed by an 

23 employer with not more than 25 full-time equivalent 

24 employees who are employed in the United States 


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1 (determined by including any affiliate or subsidiary 

2 of such employer); and 

3 ‘‘(ii) $4,000 for each such petition filed by an 

4 employer with more than 25 such employees. 

5 ‘‘(C)(i) The amounts set forth in subparagraph (B)(i) 

6 shall be increased— 

7 ‘‘(I) to $2,500 for each fiscal year in which the 

8 base allocation of H–1B visas under section 

9 214(g)(9)(A) is between 85,001 and 115,000, inclu10 sive; 

11 ‘‘(II) to $3,000 for each fiscal year in which the 

12 base allocation of H–1B visas under section 

13 214(g)(9)(A) is between 115,001 and 145,000, in14 clusive; 

15 ‘‘(III) to $3,500 for each fiscal year in which 

16 the base allocation of H–1B visas under section 

17 214(g)(9)(A) is between 145,001 and 194,999, in18 clusive; and 

19 ‘‘(IV) to $4,000 for each fiscal year in which 

20 the base allocation of H–1B visas under section 

21 214(g)(9)(A) is 195,000. 

22 ‘‘(ii) The amounts set forth in subparagraph (B)(ii) 

23 shall be increased— 

24 ‘‘(I) to $5,000 for each fiscal year in which the 

25 base allocation of H–1B visas under section 


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1 214(g)(9)(A) is between 85,001 and 115,000, inclu2 sive; 

3 ‘‘(II) to $6,000 for each fiscal year in which the 

4 base allocation of H–1B visas under section 

5 214(g)(9)(A) is between 115,001 and 145,000, in6 clusive; 

7 ‘‘(III) to $7,000 for each fiscal year in which 

8 the base allocation of H–1B visas under section 

9 214(g)(9)(A) is between 145,001 and 194,999, in10 clusive; and 

11 ‘‘(IV) to $8,000 for each fiscal year in which 

12 the base allocation of H–1B visas under section 

13 214(g)(9)(A) is 195,000. 

14 ‘‘(D) Fees collected under this paragraph shall be dis15 tributed as follows: 

16 ‘‘(i) From the fees collected for each petition 

17 pursuant to subparagraph (B)(i)— 

18 ‘‘(I) $750 shall be deposited in the Treas19 ury in accordance with section 286(s); and 

20 ‘‘(II) the remaining amount shall be depos21 ited in the Treasury in accordance with section 

22 286(w). 

23 ‘‘(ii) From the fees collected for each petition 

24 pursuant to subparagraph (B)(ii)— 


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1 ‘‘(I) $1,500 shall be deposited in the 

2 Treasury in accordance with section 286(s); and 

3 ‘‘(II) the remaining amount shall be depos4 ited in the Treasury in accordance with section 

5 286(w).’’. 

6 (b) CONFORMING AMENDMENT.—Section 286(s)(1) 

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

8 1356(s)(1)) is amended by striking the last sentence and 

9 inserting ‘‘There shall be deposited as offsetting receipts 

10 into the account a portion of the fees collected under para11 graphs (9) and (11) of section 214(c).’’. 

12 SEC. 402. PROMOTING AMERICAN INGENUITY ACCOUNT. 

13 Section 286 of the Immigration and Nationality Act 

14 (8 U.S.C. 1356) is amended by adding at the end the fol15 lowing: 

16 ‘‘(w) PROMOTING AMERICAN INGENUITY AC17 COUNT.— 

18 ‘‘(1) IN GENERAL.—There is established in the 

19 general fund of the Treasury a separate account, 

20 which shall be known as the ‘Promoting American 

21 Ingenuity Account’. There shall be deposited as off22 setting receipts into the account a portion of the fees 

23 and penalties collected under section 214(c)(9). 

24 Amounts deposited into the account shall remain 


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1 available to the Secretary of Education until ex2 pended. 

3 ‘‘(2) PURPOSES.—The purposes of the Pro4 moting American Ingenuity Account are to enhance 

5 the economic competitiveness of the United States 

6 by— 

7 ‘‘(A) strengthening academic achievement 

8 standards in science, technology, engineering, 

9 and mathematics (STEM), including computer 

10 science, at all levels; 

11 ‘‘(B) ensuring that schools have access to 

12 well-trained and effective STEM teachers 

13 through improved strategies for the recruit14 ment, training, placement, and retention of 

15 teachers in STEM fields, including computer 

16 science; 

17 ‘‘(C) supporting efforts to strengthen the 

18 elementary and secondary STEM curriculum, 

19 including efforts to make courses in computer 

20 science more broadly available; 

21 ‘‘(D) helping colleges and universities 

22 produce more graduates in fields needed by 

23 American employers, including assistance for 

24 students in postsecondary STEM programs; 


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1 ‘‘(E) improving availability of and access 

2 to STEM-related worker training programs, in3 cluding community college-based courses and 

4 programs; 

5 ‘‘(F) providing employment-based STEM 

6 education and training programs, including ap7 prenticeship programs; and 

8 ‘‘(G) carrying out other activities approved 

9 by the Secretary of Education to improve 

10 STEM education and training. 

11 ‘‘(3) ALLOCATION OF FUNDS.— 

12 ‘‘(A) NATIONAL ACTIVITIES.—The Sec13 retary of Education may reserve up to 2 per14 cent of the amounts deposited into the Pro15 moting American Ingenuity Account for na16 tional research, development, demonstration, 

17 evaluation, and dissemination activities carried 

18 out directly or through grants, contracts, or co19 operative agreements, including— 

20 ‘‘(i) activities undertaken jointly with 

21 other Federal agencies, such as STEM 

22 mission agencies; and 

23 ‘‘(ii) grants to nonprofit organizations 

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1 sistent with the purposes of the Immigra2 tion Innovation Act of 2018. 

3 ‘‘(B) AMERICAN DREAM ACCOUNTS.— 

4 ‘‘(i) GRANTS AUTHORIZED.—The Sec5 retary of Education shall allocate 5 percent 

6 of the amounts deposited into the Pro7 moting American Ingenuity Account to 

8 award grants, on a competitive basis, to el9 igible entities to enable such entities to es10 tablish and administer American Dream 

11 Accounts. 

12 ‘‘(ii) PURPOSE OF ACCOUNTS.—Amer13 ican Dream Accounts shall be personal, on14 line accounts for low-income students, who 

15 are, at the time of application, attending a 

16 grade not higher than ninth grade, that in17 clude a college savings account, monitor 

18 progress toward higher education, and pro19 vide opportunities, including mentoring— 

20 ‘‘(I) to gain financial literacy 

21 skills; 

22 ‘‘(II) to learn about preparing for 

23 enrollment in an institution of higher 

24 education; and 

25 ‘‘(III) to identify career interests. 


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1 ‘‘(iii) PRIORITY.—The Secretary shall 

2 give priority to applicants that dem3 onstrate one or more of the following: 

4 ‘‘(I) An intention to focus on 

5 STEM education and careers. 

6 ‘‘(II) The ability to serve a large 

7 number of low-income students. 

8 ‘‘(III) In the case of eligible enti9 ties described in subclause (I) or (II) 

10 of clause (iv), the provision of oppor11 tunities for students to participate in 

12 a dual or concurrent enrollment pro13 gram or early college high school pro14 gram at no cost to the student or to 

15 the student’s family. 

16 ‘‘(iv) ELIGIBLE ENTITIES.—An eligi17 ble entity may be a partnership of two or 

18 more of the following entities: 

19 ‘‘(I) A State educational agency. 

20 ‘‘(II) A local educational agency, 

21 including a charter school that oper22 ates as its own educational agency. 

23 ‘‘(III) A charter management or24 ganization or charter school author25 izer. 


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1 ‘‘(IV) An institution of higher 

2 education or a Tribal college or uni3 versity. 

4 ‘‘(V) A nonprofit organization. 

5 ‘‘(VI) An organization with dem6 onstrated experience in educational 

7 savings or in preparing low-income 

8 students for higher education. 

9 ‘‘(v) REPORTS AND EVALUATIONS.— 

10 Not later than 1 year after the date on 

11 which the Secretary of Education disburses 

12 grants under this Act, and annually there13 after until each grant disbursed under this 

14 Act has ended, the Secretary shall prepare 

15 and submit a report to the appropriate 

16 committees of Congress, which shall in17 clude an evaluation of the effectiveness of 

18 the grant program established under this 

19 Act, including in building financial capa20 bility. 

21 ‘‘(vi) ELIGIBILITY TO RECEIVE FED22 ERAL STUDENT FINANCIAL AID.—Notwith23 standing any other provision of law, any 

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1 count portion of a student’s American 

2 Dream Account— 

3 ‘‘(I) shall not affect such stu4 dent’s eligibility to receive Federal 

5 student financial aid, including any 

6 Federal student financial aid under 

7 the Higher Education Act of 1965 (20 

8 U.S.C. 1001 et seq.); and 

9 ‘‘(II) shall not be considered in 

10 determining the amount of any such 

11 Federal student aid. 

12 ‘‘(vii) RULEMAKING.—The Secretary 

13 of Education shall promulgate regulations, 

14 through notice and comment rulemaking in 

15 compliance with section 553 of title 5, 

16 United States Code, to implement the 

17 American Dream Account competitive 

18 grant program authorized under this sub19 paragraph. The Secretary shall issue a no20 tice of proposed rulemaking in the Federal 

21 Register not later than 1 year after the 

22 date of the enactment of this subsection. 

23 ‘‘(C) ALLOCATIONS TO STATES.— 

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

25 (iii), the Secretary of Education, after 


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1 making the allocations under subpara2 graphs (A) and (B), shall proportionately 

3 allocate the remaining amount deposited 

4 into the Promoting American Ingenuity 

5 Account in each fiscal year to each State 

6 that submits an application under subpara7 graph (D) in an amount that bears the 

8 same relationship to such remaining 

9 amount as the amount the State received 

10 under subpart 2 of part A of title I of the 

11 Elementary and Secondary Education Act 

12 of 1965 (20 U.S.C. 6331 et seq.) for the 

13 preceding fiscal year bears to the amount 

14 all States received under that subpart for 

15 the preceding fiscal year. 

16 ‘‘(ii) AUTHORIZED USE OF STATE AL17 LOCATIONS.—Of the amount each State 

18 receives under clause (i) in each fiscal 

19 year, the State shall allocate— 

20 ‘‘(I) 50 percent for the activities 

21 described in subparagraphs (A), (B), 

22 (C), (D), and (G) of paragraph (2); 

23 and 


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1 ‘‘(II) 50 percent for the activities 

2 described in subparagraphs (E), (F), 

3 and (G) of paragraph (2). 

4 ‘‘(iii) MINIMUM ALLOCATIONS.— 

5 ‘‘(I) IN GENERAL.—Except as 

6 provided in subclause (II), no State 

7 shall receive less than 0.5 percent of 

8 the total amount made available to all 

9 States under this subparagraph from 

10 the Promoting American Ingenuity 

11 Account. 

12 ‘‘(II) REALLOCATION.—If a 

13 State does not submit an application 

14 in accordance with subparagraph (D) 

15 in a fiscal year, the Secretary of Edu16 cation shall reallocate the State’s allo17 cation to the remaining States in ac18 cordance with this subsection. 

19 ‘‘(D) STEM EDUCATION GRANT APPLICA20 TION PROCESS.— 

21 ‘‘(i) APPLICATION.—Each State desir22 ing to receive an allocation from the Pro23 moting American Ingenuity Account shall 

24 submit an application to the Secretary of 

25 Education at such time, in such form, and 


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1 including such information as the Sec2 retary may prescribe. The application shall 

3 describe how the State plans to improve 

4 STEM education and training to meet the 

5 needs of employers in the State, in accord6 ance with paragraph (2). 

7 ‘‘(ii) APPROVAL.—The Secretary of 

8 Education shall approve any application 

9 submitted under clause (i) that meets the 

10 requirements prescribed by the Secretary if 

11 the Secretary determines, after evaluating 

12 the recommendations of peer reviewers, 

13 that the State’s plan for the use of funds 

14 would be successful in making progress to15 ward meeting the purposes set forth in 

16 paragraph (2). 

17 ‘‘(4) FEDERAL FUNDS TO SUPPLEMENT, NOT

18 SUPPLANT, NON-FEDERAL FUNDS.— 

19 ‘‘(A) IN GENERAL.—A State educational 

20 agency or local educational agency shall use 

21 Federal funds received under this subsection 

22 only to supplement the funds that would, in the 

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1 sisted under this part, and not to supplant such 

2 funds. 

3 ‘‘(B) COMPLIANCE.—To demonstrate com4 pliance with this paragraph, a local educational 

5 agency shall demonstrate that the methodology 

6 used to allocate State and local funds to each 

7 school receiving assistance under this part en8 sures that such school receives all of the State 

9 and local funds it would otherwise receive if it 

10 were not receiving assistance under this sub11 section. 

12 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

13 in this subsection may be construed to author14 ize or permit the Secretary of Education to pre15 scribe the specific methodology a local edu16 cation agency uses to allocate State and local 

17 funds to each school receiving assistance under 

18 this subsection.’’. 

19 SEC. 403. NATIONAL EVALUATION. 

20 (a) IN GENERAL.—Using amounts reserved under 

21 section 286(w)(3)(A) of the Immigration and Nationality 

22 Act, as added by section 402, the Secretary of Education 

23 shall conduct, directly or through a grant or contract, an 

24 annual evaluation of the implementation and impact of the 


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1 activities funded by the Promoting American Ingenuity 

2 Account. 

3 (b) ANNUAL REPORT.—The Secretary shall submit 

4 a report describing the results of each evaluation con5 ducted under subsection (a) to— 

6 (1) the President; 

7 (2) the Committee on the Judiciary of the Sen8 ate; 

9 (3) the Committee on the Judiciary of the 

10 House of Representatives; 

11 (4) the Committee on Health, Education, 

12 Labor, and Pensions of the Senate; and 

13 (5) the Committee on Education and the Work14 force of the House of Representatives. 

15 (c) DISSEMINATION.—The Secretary shall make the 

16 findings of the evaluation widely available to educators, 

17 the business community, and the public. 

18 SEC. 404. RULE OF CONSTRUCTION. 

19 Nothing in this title may be construed to permit the 

20 Secretary of Education or any other Federal official to ap21 prove the content or academic achievement standards of 

22 a State. 


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1 TITLE V—REFORMS AFFECTING 

2 IMMIGRANT AND NON3 IMMIGRANT VISAS 

4 SEC. 501. STREAMLINING PETITIONS FOR ESTABLISHED 

5 EMPLOYERS AND OTHER REQUIREMENTS. 

6 (a) IN GENERAL.—Section 214(c) of the Immigration 

7 and Nationality Act (8 U.S.C. 1184(c)), as amended by 

8 titles I and IV, is further amended by adding at the end 

9 the following: 

10 ‘‘(16) The Secretary of Homeland Security shall es11 tablish a pre-certification procedure for employers who file 

12 multiple petitions under this subsection or section 

13 204(a)(1)(F) that enables an employer— 

14 ‘‘(A) to avoid repeatedly submitting documenta15 tion that is common to multiple petitions; and 

16 ‘‘(B) to establish, through a single filing, cri17 teria relating to the employer and the offered em18 ployment opportunity. 

19 ‘‘(17) The Secretary of Homeland Security shall pro20 mulgate regulations that allow a petitioner to opt to elec21 tronically sign, file, and store any report, form, or sup22 porting document required to be submitted to U.S. Citi23 zenship and Immigration Services.’’. 

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

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1 ment of this Act, and shall apply to petitions filed under 

2 section 204(a)(1)(F) or 214(c) of the Immigration and 

3 Nationality Act (8 U.S.C. 1154(a)(1)(F) and 1184(c)) be4 ginning 180 days after such date. 

Æ 


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