II 

112TH CONGRESS 

2D SESSION S. 3185 

To amend the Immigration and Nationality Act to provide certain immigration 

benefits for aliens with advanced degrees in science, technology, engineering, or mathematics and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2012 

Mr. CORNYN 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 provide 

certain immigration benefits for aliens with advanced 

degrees in science, technology, engineering, or mathematics 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 ‘‘Securing the Talent 

5 America Requires for the 21st Century Act of 2012’’ or 

6 the ‘‘STAR Act of 2012’’. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 3185 IS

1 SEC. 2. DEFINITIONS. 

2 (a) STEM FIELD.—Section 101(a) of the Immigra3 tion and Nationality Act (8 U.S.C. 1101(a)) is amended 

4 by inserting after paragraph (52) the following new para5 graph: 

6 ‘‘(53) STEM FIELD.—The term ‘STEM field’ 

7 means a field of study or occupation included on the 

8 2012 STEM Designated Degree Program List pub9 lished by the Department of Homeland Security and 

10 referred to in section 214.2(f)(11)(C)(2) of title 8, 

11 Code of Federal Regulations, (or any similar suc12 cessor regulation) or any field of study or occupation 

13 added to such list by the Secretary of Homeland Se14 curity.’’. 

15 (b) UNITED STATES RESEARCH INSTITUTION.—Sec16 tion 101(a) of the Immigration and Nationality Act (8 

17 U.S.C. 1101(a)), as amended by subsection (a), is further 

18 amended by adding at the end, the following new para19 graph: 

20 ‘‘(54) UNITED STATES RESEARCH INSTITU21 TION.—The term ‘United States research institution’ 

22 means an institution of higher education that— 

23 ‘‘(A) is described in section 101(a) of the 

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

25 1001(a)); 


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 3185 IS

1 ‘‘(B) received, or is part of a system of in2 stitutions of higher education that received, at 

3 least $5,000,000 in direct Federal science and 

4 engineering funding for research and develop5 ment in the preceding fiscal year; or 

6 ‘‘(C) has been in existence for at least 10 

7 years.’’. 

8 SEC. 3. LABOR MARKET PROVISIONS. 

9 (a) LABOR CERTIFICATION AND QUALIFICATION FOR

10 CERTAIN IMMIGRANTS.—Section 212(a)(5)(A)(ii) of such 

11 Act (8 U.S.C. 1182(a)(5)(A)(ii)) is amended— 

12 (1) in subclause (I), by striking ‘‘, or’’ at the 

13 end and inserting a semicolon; 

14 (2) in subclause (II), by striking the period at 

15 the end and inserting ‘‘; or’’; and 

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

17 ‘‘(III) holds a Master’s degree in 

18 a STEM field from a United States 

19 research institution if the alien will be 

20 employed by an employer who engages 

21 in a competitive recruitment and se22 lection process and determines that 

23 the alien was found to be more quali24 fied than any willing and able United 


tjames on DSK6SPTVN1PROD with BILLS
4 

•S 3185 IS

1 States worker who applied for the 

2 job.’’. 

3 (b) DESIGNATION AS SHORTAGE OCCUPATIONS.—A 

4 job described in an immigrant petition under paragraph 

5 (1) or (2) of section 203(b) of the Immigration and Na6 tionality Act (8 U.S.C. 1153(b)) that is filed on behalf 

7 of an alien who holds a doctorate degree from a United 

8 States research institution in a STEM field (as that term 

9 is defined in paragraph (53) of section 101(a) of the Im10 migration and Nationality Act, as added by section 2(a)) 

11 shall be deemed a Schedule A shortage occupation and the 

12 petitioner may apply for a certification directly with the 

13 appropriate office of the Department of Homeland Secu14 rity. 

15 (c) LABOR CERTIFICATION.—Section 212(a)(5)(A) of 

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

17 1182(a)(5)(A)) is amended by adding at the end the fol18 lowing: 

19 ‘‘(v) CONTINUED VALIDITY OF LABOR

20 MARKET TEST.—A certification made 

21 under clause (i) with respect to an indi22 vidual who seeks to immigrate under sec23 tion 203(b)(2)(A)(i) shall remain valid if 

24 the individual files an immigrant petition 

25 under section 204(a)(1)(F) of the ImmiVerDate Mar 15 2010 00:27 May 16, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3185.IS S3185

tjames on DSK6SPTVN1PROD with BILLS
5 

•S 3185 IS

1 gration and Nationality Act (8 U.S.C. 

2 1154(a)(1)(F)). Recruitment conducted to 

3 satisfy clause (i) shall remain valid for an 

4 application submitted under clause 

5 (ii)(III).’’. 

6 SEC. 4. ALLOCATION OF VISAS. 

7 (a) WORLDWIDE LEVEL OF IMMIGRATION.—Section 

8 201(d)(2) of the Immigration and Nationality Act (8 

9 U.S.C. 1151(d)(2)) is amended by adding at the end the 

10 following: 

11 ‘‘(D) In addition to the increase provided 

12 under subparagraph (C), the number computed 

13 under this paragraph for fiscal year 2013 and 

14 subsequent fiscal years shall be increased by 

15 55,000, to be used in accordance with section 

16 203(b)(2)(A)(i).’’. 

17 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT18 BASED IMMIGRANTS.—Section 203(b)(2)(A) of such Act 

19 is amended— 

20 (1) by striking ‘‘Visas shall be’’; and inserting 

21 the following: 

22 ‘‘(i) ADVANCED DEGREE HOLDERS

23 AND ALIENS OF EXCEPTIONAL ABILITY.— 

24 Visas shall be’’; and 

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


tjames on DSK6SPTVN1PROD with BILLS
6 

•S 3185 IS

1 ‘‘(ii) STEM VISA HOLDER.—Visas al2 located under section 203(b)(2) shall be 

3 made available first to aliens who graduate 

4 from a United States research institution 

5 with a doctorate or master’s degree in a 

6 STEM field and who intend to work in a 

7 related field. Visas made available under 

8 this clause shall not be counted for pur9 poses of computing any percentage of the 

10 worldwide level under this subsection.’’. 

11 (c) UTILIZING VISAS.—Section 202(a)(5) of the Im12 migration and Nationality Act (8 U.S.C. 1152(a)(5)) is 

13 amended by adding at the end the following: 

14 ‘‘(C) CARRY OVER VISAS.—The total num15 ber of visas available under paragraph (1), (2), 

16 (3), (4) or (5) of section 203(b) shall be in17 creased by the difference between the number 

18 of visas available under section 203(b) in the 

19 prior fiscal year and the amount used during 

20 that fiscal year.’’. 

21 SEC. 5. RETAINING STUDENTS IN STEM FIELDS. 

22 (a) DUAL INTENT.—Section 101(a)(15)(F)(i) of the 

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

24 1101(a)(15)(F)(i)) is amended by striking ‘‘an alien hav25 ing a residence in a foreign country which he has no intenVerDate Mar 15 2010 00:27 May 16, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3185.IS S3185

tjames on DSK6SPTVN1PROD with BILLS
7 

•S 3185 IS

1 tion of abandoning, who is a bona fide student qualified 

2 to pursue a full course of study and who’’ and inserting 

3 ‘‘an alien who is a bona fide student qualified to pursue 

4 a full course of study, who (except for a student who in5 tends to pursue a Master’s or higher degree in a STEM 

6 field from a United States research institution) has a resi7 dence in a foreign country which the alien has no intention 

8 of abandoning, and who’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) PRESUMPTION OF STATUS.—Section 214(b) 

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

12 1184(b)) is amended by striking ‘‘(other than a non13 immigrant’’ and inserting ‘‘(other than a non14 immigrant described in section 101(a)(15)(F) if the 

15 student intends to pursue a Master’s or higher de16 gree in a STEM field from a United States research 

17 institution)’’. 

18 (2) INTENTION TO ABANDON FOREIGN RESI19 DENCE.—Section 214(h) of the Immigration and 

20 Nationality Act (8 U.S.C. 1184(h)) is amended by 

21 inserting ‘‘(F) (if the student intends to pursue a 

22 Master’s or higher degree in a field of science, tech23 nology, engineering or mathematics from a quali24 fying research institution)’’ before ‘‘(H)(i)(b)’’. 


tjames on DSK6SPTVN1PROD with BILLS
8 

•S 3185 IS

1 SEC. 6. RETAINING SKILLED WORKERS SUBJECT TO VISA 

2 BACKLOG. 

3 (a) IN GENERAL.—Section 245(a) of the Immigra4 tion and Nationality Act (8 U.S.C. 1255(a)) is amended— 

5 (1) by redesignating paragraphs (1), (2), and 

6 (3) as subparagraphs (A), (B), and (C), respectively; 

7 (2) by striking ‘‘(a) The status of’’ and insert8 ing the following: 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) ADJUSTMENT OF STATUS.—The status 

11 of’’; and 

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

13 ‘‘(2) SUPPLEMENTAL FEE.—An application 

14 that is based on a petition approved or approvable 

15 under subparagraph (E) or (F) of section 204(a)(1) 

16 may be filed without regard to the limitation set 

17 forth in paragraph (1)(C) if a supplemental fee of 

18 $500 is paid by the principal alien at the time the 

19 application is filed. A supplemental fee may not be 

20 required for any dependent alien accompanying or 

21 following to join the principal alien. 

22 ‘‘(3) VISA AVAILABILITY.—An application for 

23 adjustment filed under this paragraph may not be 

24 approved until such time as an immigrant visa be25 comes available.’’. 


tjames on DSK6SPTVN1PROD with BILLS
9 

•S 3185 IS

1 (b) USE OF FEES.—Section 286(v)(1) (8 U.S.C. 

2 1356(v)(1)) is amended by inserting before the period at 

3 the end ‘‘and the fees collected under section 245(a)(2).’’. 

4 SEC. 7. ELIMINATION OF DIVERSITY IMMIGRANT PRO5 GRAM. 

6 (a) WORLDWIDE LEVEL OF DIVERSITY IMMI7 GRANTS.—Section 201 of the Immigration and Nation8 ality Act (8 U.S.C. 1151) is amended— 

9 (1) in subsection (a)— 

10 (A) by inserting ‘‘and’’ at the end of para11 graph (1); 

12 (B) by striking ‘‘; and’’ at the end of para13 graph (2) and inserting a period; and 

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

15 (2) by striking subsection (e). 

16 (b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.— 

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

18 (1) by striking subsection (c); 

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

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

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

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

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

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


tjames on DSK6SPTVN1PROD with BILLS
10 

•S 3185 IS

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

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

3 (c) PROCEDURE FOR GRANTING IMMIGRANT STA4 TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend5 ed— 

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

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

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

9 (d) USE OF VISAS.—There shall be 55,000 immi10 grant visas available for the aliens described in clause (ii) 

11 of section 203(b)(2)(A) of such Act (8 U.S.C. 

12 1182(a)(5)(A)), as added by section 4. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS