II 

112TH CONGRESS 

2D SESSION S. 3192 

To amend the Immigration and Nationality Act by establishing an F–4 

nonimmigrant visa for aliens pursuing an advanced degree in mathematics, engineering, technology, or the physical sciences in the United 

States, to authorize such aliens to become permanent residents if they 

obtain employment in the United States related to their field of study, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2012 

Mr. ALEXANDER (for himself, Mr. COONS, Mr. LUGAR, and Mr. ISAKSON) 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 by establishing an F–4 nonimmigrant visa for aliens pursuing 

an advanced degree in mathematics, engineering, technology, or the physical sciences in the United States, 

to authorize such aliens to become permanent residents 

if they obtain employment in the United States related 

to their field of study, 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, 


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1 SECTION 1. SHORT TITLES. 

2 This Act may be cited as the ‘‘Sustaining our Most 

3 Advanced Researchers and Technology Jobs Act of 2012’’ 

4 or the ‘‘SMART Jobs Act’’. 

5 SEC. 2. DEFINITION OF STEM FIELD. 

6 Section 101(a) of the Immigration and Nationality 

7 Act (8 U.S.C. 1101(a)) is amended by inserting after 

8 paragraph (36) the following new paragraph: 

9 ‘‘(36A) The term ‘STEM field’ means a field of 

10 study or occupation included on the most recent 

11 STEM-designated Degree Program List published 

12 by the Department of Homeland Security referred to 

13 in section 214.2(f)(11)(C)(2) of title 8, Code of Fed14 eral Regulations (or similar successor regulation).’’. 

15 SEC. 3. VISAS FOR GRADUATE STUDENTS IN MATHE16 MATICS, ENGINEERING, TECHNOLOGY, OR 

17 THE PHYSICAL SCIENCES. 

18 (a) NEW STEM NONIMMIGRANT VISA CATEGORY.— 

19 Section 101(a)(15)(F) of the Immigration and Nationality 

20 Act (8 U.S.C. 1101(a)(15)(F)) is amended— 

21 (1) in clause (i)— 

22 (A) by inserting ‘‘(except for a graduate 

23 program described in clause (iv))’’ after ‘‘full 

24 course of study’’; 

25 (B) by striking ‘‘214(l)’’ and inserting 

26 ‘‘214(m)’’; and 


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1 (C) by striking the comma at the end and 

2 inserting a semicolon; 

3 (2) in clause (ii)— 

4 (A) by inserting ‘‘or clause (iv)’’ after 

5 ‘‘clause (i)’’; and 

6 (B) by striking ‘‘, and’’ and inserting a 

7 semicolon; 

8 (3) in clause (iii), by adding ‘‘and’’ at the end; 

9 and 

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

11 ‘‘(iv) an alien described in clause (i) who 

12 has been accepted and plans to attend an ac13 credited graduate program in a STEM field at 

14 an institution of higher education (as defined in 

15 section 101 of the Higher Education Act of 

16 1965 (20 U.S.C. 1001)) for the purpose of ob17 taining an advanced degree;’’. 

18 (b) REQUIREMENTS FOR OBTAINING AN F–4 VISA.— 

19 Section 214(m) of the Immigration and Nationality Act 

20 (8 U.S.C. 1184(m)) is amended— 

21 (1) by striking the matter preceding paragraph 

22 (1) and inserting the following: 

23 ‘‘(m) NONIMMIGRANT ELEMENTARY, SECONDARY, 

24 AND POST-SECONDARY SCHOOL STUDENTS.—’’; and 

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


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1 ‘‘(3)(A) An alien who obtains the status of a non2 immigrant under section 101(a)(15)(F)(iv) shall dem3 onstrate an intent to— 

4 ‘‘(i) return to the country of residence of such 

5 alien immediately after the completion or termi6 nation of the graduate program qualifying such alien 

7 for such status; or 

8 ‘‘(ii) obtain employment in the United States in 

9 a STEM field and become a permanent resident of 

10 the United States upon the completion of the grad11 uate program, which was the basis for such non12 immigrant status. 

13 ‘‘(B) A visa issued to an alien under section 

14 101(a)(15)(F)(iv) shall be valid— 

15 ‘‘(i) during the intended period of study in a 

16 graduate program described in such section; 

17 ‘‘(ii) for an additional period, not to exceed 1 

18 year beyond the completion of the graduate pro19 gram, if the alien is actively pursuing an offer of 

20 employment in a STEM field; and 

21 ‘‘(iii) for an additional period, not to exceed 6 

22 months, while the alien’s application for adjustment 

23 of status under section 245(i)(4) is pending. 


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1 ‘‘(C) An alien shall qualify for adjustment of status 

2 to that of a person admitted for permanent residence if 

3 the alien— 

4 ‘‘(i) has the status of a nonimmigrant under 

5 section 101(a)(15)(F)(iv); 

6 ‘‘(ii) has successfully earned an advanced de7 gree in a STEM field at an institution of higher 

8 education (as defined in section 101 of the Higher 

9 Education Act of 1965 (20 U.S.C. 1001)); and 

10 ‘‘(iii) is employed full-time in the United States 

11 in a position in a STEM field.’’. 

12 (c) ADJUSTMENT OF STATUS.—Section 245(i) of the 

13 Immigration and Nationality Act (8 U.S.C. 1255(i)) is 

14 amended by adding at the end the following: 

15 ‘‘(4) The Secretary of Homeland Security may adjust 

16 the status of an alien who meets the requirements under 

17 section 214(m)(3) to that of an alien lawfully admitted 

18 for permanent residence if the alien— 

19 ‘‘(A) makes an application for such adjustment; 

20 ‘‘(B) is eligible to receive an immigrant visa; 

21 ‘‘(C) is admissible to the United States for per22 manent residence; and 

23 ‘‘(D) remits a fee in an amount to be deter24 mined by the Secretary.’’. 

25 (d) USE OF FEES.— 


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1 (1) JOB TRAINING; SCHOLARSHIPS.—Section 

2 286(s)(1) of the Immigration and Nationality Act (8 

3 U.S.C. 1356(s)(1)) is amended by inserting ‘‘and 80 

4 percent of the fees collected under section 245(i)(4)’’ 

5 before the period at the end. 

6 (2) FRAUD PREVENTION AND DETECTION.— 

7 Section 286(v)(1) of the Immigration and Nation8 ality Act (8 U.S.C. 1356(v)(1)) is amended by in9 serting ‘‘and 20 percent of the fees collected under 

10 section 245(i)(4)’’ before the period at the end. 

11 SEC. 4. ALIENS NOT SUBJECT TO NUMERICAL LIMITATIONS 

12 ON EMPLOYMENT-BASED IMMIGRANTS. 

13 (a) IN GENERAL.—Section 201(b)(1) of the Immi14 gration and Nationality Act (8 U.S.C. 1151(b)(1)) is 

15 amended by adding at the end the following: 

16 ‘‘(F) Aliens who have earned an advanced de17 gree in a STEM field and have been working in a 

18 STEM field in the United States under a non19 immigrant visa during the 3-year period preceding 

20 their application for an immigrant visa under section 

21 203(b).’’. 

22 (b) APPLICABILITY.—The amendments made by sub23 section (a) shall apply to any visa application— 

24 (1) pending on the date of the enactment of 

25 this Act; or 


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1 (2) filed on or after such date of enactment. 

2 SEC. 5. ANNUAL REPORT ON STEM NONIMMIGRANT VISAS. 

3 (a) REQUIREMENT FOR REPORT.—The Secretary of 

4 Homeland Security shall submit to Congress an annual 

5 report on the nonimmigrant visas granted pursuant to 

6 clause (iv) of section 101(a)(15)(F) of the Immigration 

7 and Nationality Act (8 U.S.C. 1101(a)(15)(F)), as added 

8 by section 3(a). 

9 (b) CONTENT.—Each report required by subsection 

10 (a) shall include the following: 

11 (1) The number of nonimmigrant visas granted 

12 during the previous year pursuant to clause (iv) of 

13 section 101(a)(15)(F) of the Immigration and Na14 tionality Act, as added by section 3(a). 

15 (2) The countries of origin of the aliens granted 

16 nonimmigrant visas pursuant to such clause (iv). 

17 (3) The number of degrees granted to such 

18 aliens and the fields of such degrees. 

19 (4) A description of the employers of such 

20 aliens. 

Æ 


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