I 

113TH CONGRESS 

1ST SESSION H. R. 459 

To amend the Immigration and Nationality Act to promote innovation, investment, and research in the United States, to eliminate the diversity 

immigrant program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2013 

Mr. ISSA introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to promote 

innovation, investment, and research in the United 

States, to eliminate the diversity immigrant program, 

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 ‘‘STEM Visa Act of 

5 2013’’. 


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1 SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM 

2 GRADUATES. 

3 (a) WORLDWIDE LEVEL OF IMMIGRATION.—Section 

4 201(d)(2) of the Immigration and Nationality Act (8 

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

6 following: 

7 ‘‘(D)(i) In addition to the increase provided under 

8 subparagraph (C), the number computed under this para9 graph for fiscal year 2015 and subsequent fiscal years 

10 shall be further increased by the number specified in 

11 clause (ii), to be used in accordance with paragraphs (6) 

12 and (7) of section 203(b), except that— 

13 ‘‘(I) immigrant visa numbers made available 

14 under this subparagraph but not required for the 

15 classes specified in paragraphs (6) and (7) of section 

16 203(b) shall not be counted for purposes of sub17 section (c)(3)(C); and 

18 ‘‘(II) for purposes of paragraphs (1) through 

19 (5) of section 203(b), the increase under this sub20 paragraph shall not be counted for purposes of com21 puting any percentage of the worldwide level under 

22 this subsection. 

23 ‘‘(ii) The number specified in this clause is 55,000, 

24 reduced for any fiscal year by the number by which the 

25 number of visas under section 201(e) would have been re26 duced in that year pursuant to section 203(d) of the NicaVerDate Mar 15 2010 23:22 Feb 08, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459

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1 raguan Adjustment and Central American Relief Act (8 

2 U.S.C. 1151 note) if section 201(e) had not been repealed 

3 by section 3 of the STEM Visa Act of 2013. 

4 ‘‘(iii) Immigrant visa numbers made available under 

5 this subparagraph for fiscal year 2015, but not used for 

6 the classes specified in paragraphs (6) and (7) of section 

7 203(b) in such year, may be made available in subsequent 

8 years as if they were included in the number specified in 

9 clause (ii) only to the extent of the cumulative number 

10 of petitions under section 204(a)(1)(F), and applications 

11 for a labor certification under section 212(a)(5)(A), filed 

12 in fiscal year 2015 with respect to aliens seeking a visa 

13 under paragraph (6) or (7) of section 203(b) up to, but 

14 not exceeding, the number specified in clause (ii) for such 

15 year. Such immigrant visa numbers may only be made 

16 available in fiscal years after fiscal year 2015 in connec17 tion with a petition under section 204(a)(1)(F), or an ap18 plication for a labor certification under section 

19 212(a)(5)(A), that was filed in fiscal year 2015. 

20 ‘‘(iv) Immigrant visa numbers made available under 

21 this subparagraph for fiscal year 2016, but not used for 

22 the classes specified in paragraphs (6) and (7) of section 

23 203(b) during such year, may be made available in subse24 quent years as if they were included in the number speci25 fied in clause (ii) only to the extent of the cumulative numVerDate Mar 15 2010 23:22 Feb 08, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459

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1 ber of petitions under section 204(a)(1)(F), and applica2 tions for a labor certification under section 212(a)(5)(A), 

3 filed in fiscal year 2015 with respect to aliens seeking a 

4 visa under paragraph (6) or (7) of section 203(b) up to, 

5 but not exceeding, the number specified in clause (ii) for 

6 such year. Such immigrant visa numbers may only be 

7 made available in fiscal years after fiscal year 2016 in con8 nection with a petition under section 204(a)(1)(F), or an 

9 application for a labor certification under section 

10 212(a)(5)(A), that was filed in fiscal year 2016. 

11 ‘‘(v) Immigrant visa numbers made available under 

12 this subparagraph for fiscal year 2017, but not used for 

13 the classes specified in paragraphs (6) and (7) of section 

14 203(b) in such year, may be made available in subsequent 

15 years as if they were included in the number specified in 

16 clause (ii), but only— 

17 ‘‘(I) to the extent of the cumulative number of 

18 petitions under section 204(a)(1)(F), and applica19 tions for a labor certification under section 

20 212(a)(5)(A), filed in fiscal year 2017 with respect 

21 to aliens seeking a visa under paragraph (6) or (7) 

22 of section 203(b) up to, but not exceeding, the num23 ber specified in clause (ii) for such year; 

24 ‘‘(II) if the immigrant visa numbers used under 

25 this subparagraph for fiscal year 2016 with respect 


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1 to aliens seeking a visa under paragraph (6) or (7) 

2 of section 203(b) were less than the number speci3 fied in clause (ii) for such year; and 

4 ‘‘(III) if the processing standards set forth in 

5 sections 204(a)(1)(F)(ii) and 212(a)(5)(A)(vi) were 

6 not met in fiscal year 2017. 

7 Such immigrant visa numbers may only be made available 

8 in fiscal years after fiscal year 2017 in connection with 

9 a petition under section 204(a)(1)(F), or an application 

10 for a labor certification under section 212(a)(5)(A), that 

11 was filed in fiscal year 2016. 

12 ‘‘(vi) Immigrant visa numbers made available under 

13 this subparagraph for fiscal year 2017, but not used for 

14 the classes specified in paragraphs (6) and (7) of section 

15 203(b) in such year, may be made available in subsequent 

16 years as if they were included in the number specified in 

17 clause (ii), but only— 

18 ‘‘(I) to the extent of the cumulative number of 

19 petitions under section 204(a)(1)(F), and applica20 tions for a labor certification under section 

21 212(a)(5)(A), filed in fiscal year 2017 with respect 

22 to aliens seeking a visa under paragraph (6) or (7) 

23 of section 203(b) up to, but not exceeding, the num24 ber specified in clause (ii) for such year; 


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1 ‘‘(II) if the immigrant visa numbers used under 

2 this subparagraph for fiscal year 2016 with respect 

3 to aliens seeking a visa under paragraph (6) or (7) 

4 of section 203(b) were less than the number speci5 fied in clause (ii) for such year; and 

6 ‘‘(III) if the processing standards set forth in 

7 sections 204(a)(1)(F)(ii) and 212(a)(5)(A)(vi) were 

8 not met in fiscal year 2018. 

9 Such immigrant visa numbers may only be made available 

10 in fiscal years after fiscal year 2017 in connection with 

11 a petition under section 204(a)(1)(F), or an application 

12 for a labor certification under section 212(a)(5)(A), that 

13 was filed in fiscal year 2018.’’. 

14 (b) NUMERICAL LIMITATION TO ANY SINGLE FOR15 EIGN STATE.—Section 202(a)(5)(A) of such Act (8 U.S.C. 

16 1152(a)(5)(A)) is amended by striking ‘‘or (5)’’ and in17 serting ‘‘(5), (6), or (7)’’. 

18 (c) PREFERENCE ALLOCATION FOR EMPLOYMENT19 BASED IMMIGRANTS.—Section 203(b) of such Act (8 

20 U.S.C. 1153(b)) is amended— 

21 (1) by redesignating paragraph (6) as para22 graph (8); and 

23 (2) by inserting after paragraph (5) the fol24 lowing: 


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1 ‘‘(6) ALIENS HOLDING DOCTORATE DEGREES

2 FROM U.S. DOCTORAL INSTITUTIONS OF HIGHER

3 EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEER4 ING, OR MATHEMATICS.— 

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

6 available, in a number not to exceed the number 

7 specified in section 201(d)(2)(D)(ii), to quali8 fied immigrants who— 

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

10 of science, technology, engineering, or 

11 mathematics from a United States doctoral 

12 institution of higher education; and 

13 ‘‘(ii) have taken all doctoral courses in 

14 a field of science, technology, engineering, 

15 or mathematics, including all courses taken 

16 by correspondence (including courses of17 fered by telecommunications) or by dis18 tance education, while physically present in 

19 the United States. 

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

21 paragraph, paragraph (7), and sections 

22 101(a)(15)(F)(i)(I) and 212(a)(5)(A)(iii)(III): 

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

24 the meaning given such term in section 


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1 103 of the Higher Education Act of 1965 

2 (20 U.S.C. 1003). 

3 ‘‘(ii) The term ‘field of science, tech4 nology, engineering, or mathematics’ 

5 means a field included in the Department 

6 of Education’s Classification of Instruc7 tional Programs taxonomy within the sum8 mary groups of computer and information 

9 sciences and support services, engineering, 

10 mathematics and statistics, and physical 

11 sciences. 

12 ‘‘(iii) The term ‘United States doc13 toral institution of higher education’ means 

14 an institution that— 

15 ‘‘(I) is described in section 

16 101(a) of the Higher Education Act 

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

18 proprietary institution of higher edu19 cation (as defined in section 102(b) of 

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

21 ‘‘(II) was classified by the Car22 negie Foundation for the Advance23 ment of Teaching on January 1, 

24 2012, as a doctorate-granting univer25 sity with a very high or high level of 


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1 research activity or classified by the 

2 National Science Foundation after the 

3 date of enactment of this paragraph, 

4 pursuant to an application by the in5 stitution, as having equivalent re6 search activity to those institutions 

7 that had been classified by the Car8 negie Foundation as being doctorate9 granting universities with a very high 

10 or high level of research activity; 

11 ‘‘(III) is accredited by an accred12 iting body that is itself accredited ei13 ther by the Department of Education 

14 or by the Council for Higher Edu15 cation Accreditation. 

16 ‘‘(C) LABOR CERTIFICATION REQUIRED.— 

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

18 (ii), the Secretary of Homeland Security 

19 may not approve a petition filed for classi20 fication of an alien under subparagraph 

21 (A) unless the Secretary of Homeland Se22 curity is in receipt of a determination 

23 made by the Secretary of Labor pursuant 

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

25 except that the Secretary of Homeland SeVerDate Mar 15 2010 21:12 Feb 11, 2013 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H459.IH H459

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1 curity may, when the Secretary deems it to 

2 be in the national interest, waive this re3 quirement. 

4 ‘‘(ii) REQUIREMENT DEEMED SATIS5 FIED.—The requirement of clause (i) shall 

6 be deemed satisfied with respect to an em7 ployer and an alien in a case in which a 

8 certification made under section 

9 212(a)(5)(A)(i) has already been obtained 

10 with respect to the alien by that employer. 

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

12 FROM U.S. DOCTORAL INSTITUTIONS OF HIGHER

13 EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEER14 ING, OR MATHEMATICS.— 

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

16 for the class specified in paragraph (6) shall be 

17 made available to the class of aliens who— 

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

19 of science, technology, engineering, or 

20 mathematics from a United States doctoral 

21 institution of higher education that was ei22 ther part of a master’s program that re23 quired at least 2 years of enrollment or 

24 part of a 5-year combined baccalaureate25 master’s degree program in such field; 


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

2 courses in a field of science, technology, 

3 engineering, or mathematics, including all 

4 courses taken by correspondence (including 

5 courses offered by telecommunications) or 

6 by distance education, while physically 

7 present in the United States. 

8 ‘‘(B) LABOR CERTIFICATION REQUIRED.— 

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

10 (ii), the Secretary of Homeland Security 

11 may not approve a petition filed for classi12 fication of an alien under subparagraph 

13 (A) unless the Secretary of Homeland Se14 curity is in receipt of a determination 

15 made by the Secretary of Labor pursuant 

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

17 except that the Secretary of Homeland Se18 curity may, when the Secretary deems it to 

19 be in the national interest, waive this re20 quirement. 

21 ‘‘(ii) REQUIREMENT DEEMED SATIS22 FIED.—The requirement of clause (i) shall 

23 be deemed satisfied with respect to an em24 ployer and an alien in a case in which a 

25 certification made under section 


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1 212(a)(5)(A)(i) has already been obtained 

2 with respect to the alien by that employer. 

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

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

5 this paragraph.’’. 

6 (d) PROCEDURE FOR GRANTING IMMIGRANT STA7 TUS.—Section 204(a)(1)(F) of such Act (8 U.S.C. 

8 1154(a)(1)(F)) is amended— 

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

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

11 ‘‘203(b)(3), 203(b)(6), or 203(b)(7)’’; 

12 (3) by striking ‘‘Attorney General’’ and insert13 ing ‘‘Secretary of Homeland Security’’; and 

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

15 ‘‘(ii) The following processing standards 

16 shall apply with respect to petitions under 

17 clause (i) relating to alien beneficiaries quali18 fying under paragraph (6) or (7) of section 

19 203(b): 

20 ‘‘(I) The Secretary of Homeland Secu21 rity shall adjudicate such petitions not 

22 later than 60 days after the date on which 

23 the petition is filed. In the event that addi24 tional information or documentation is re25 quested by the Secretary during such 60- 


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1 day period, the Secretary shall adjudicate 

2 the petition not later than 30 days after 

3 the date on which such information or doc4 umentation is received. 

5 ‘‘(II) The petitioner shall be notified 

6 in writing within 30 days of the date of fil7 ing if the petition does not meet the stand8 ards for approval. If the petition does not 

9 meet such standards, the notice shall in10 clude the reasons therefore and the Sec11 retary shall provide an opportunity for the 

12 prompt resubmission of a modified peti13 tion.’’. 

14 (e) LABOR CERTIFICATION AND QUALIFICATION FOR

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

16 U.S.C. 1182(a)(5)) is amended— 

17 (1) in subparagraph (A)— 

18 (A) in clause (ii)— 

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

20 at the end and inserting a semicolon; 

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

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

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(III) holds a doctorate degree in 

2 a field of science, technology, engi3 neering, or mathematics from a 

4 United States doctoral institution of 

5 higher education (as defined in section 

6 203(b)(6)(B)(iii)).’’; 

7 (B) by redesignating clauses (ii) through 

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

9 (C) by inserting after clause (i) the fol10 lowing: 

11 ‘‘(ii) JOB ORDER.— 

12 ‘‘(I) IN GENERAL.—An employer 

13 who files an application under clause 

14 (i) shall submit a job order for the 

15 labor the alien seeks to perform to the 

16 State workforce agency in the State in 

17 which the alien seeks to perform the 

18 labor. The State workforce agency 

19 shall post the job order on its official 

20 agency website for a minimum of 30 

21 days and not later than 3 days after 

22 receipt using the employment statis23 tics system authorized under section 

24 15 of the Wagner-Peyser Act (29 

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


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1 ‘‘(II) LINKS.—The Secretary of 

2 Labor shall include links to the offi3 cial websites of all State workforce 

4 agencies on a single webpage of the 

5 official website of the Department of 

6 Labor.’’; and 

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

8 ‘‘(vi) PROCESSING STANDARDS FOR

9 ALIEN BENEFICIARIES QUALIFYING UNDER

10 PARAGRAPHS (6) AND (7) OF SECTION

11 203(b).—The following processing stand12 ards shall apply with respect to applica13 tions under clause (i) relating to alien 

14 beneficiaries qualifying under paragraph 

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

16 ‘‘(I) The Secretary of Labor shall 

17 adjudicate such applications not later 

18 than 180 days after the date on which 

19 the application is filed. In the event 

20 that additional information or docu21 mentation is requested by the Sec22 retary during such 180-day period, 

23 the Secretary shall adjudicate the ap24 plication not later than 60 days after 


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1 the date on which such information or 

2 documentation is received. 

3 ‘‘(II) The applicant shall be noti4 fied in writing within 60 days of the 

5 date of filing if the application does 

6 not meet the standards for approval. 

7 If the application does not meet such 

8 standards, the notice shall include the 

9 reasons therefore and the Secretary 

10 shall provide an opportunity for the 

11 prompt resubmission of a modified ap12 plication.’’; and 

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

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

15 (f) GAO STUDY.—Not later than June 30, 2018, the 

16 Comptroller General of the United States shall provide to 

17 the Congress the results of a study on the use by the Na18 tional Science Foundation of the classification authority 

19 provided under section 203(b)(6)(B)(iii)(II) of the Immi20 gration and Nationality Act (8 U.S.C. 

21 1153(b)(6)(B)(iii)(II)), as added by this section. 

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

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

24 apply with respect to fiscal years beginning on or after 

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1 strued to prohibit the Secretary of Homeland Security 

2 from accepting before such date petitions under section 

3 204(a)(1)(F) of the Immigration and Nationality Act (8 

4 U.S.C. 1154(a)(1)(F)) relating to alien beneficiaries quali5 fying under paragraph (6) or (7) of section 203(b) of such 

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

7 SEC. 3. ELIMINATION OF DIVERSITY IMMIGRANT PRO8 GRAM. 

9 (a) WORLDWIDE LEVEL OF DIVERSITY IMMI10 GRANTS.—Section 201 of the Immigration and Nation11 ality Act (8 U.S.C. 1151) is amended— 

12 (1) in subsection (a)— 

13 (A) by inserting ‘‘and’’ at the end of para14 graph (1); 

15 (B) by striking ‘‘; and’’ at the end of para16 graph (2) and inserting a period; and 

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

18 (2) by striking subsection (e). 

19 (b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.— 

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

21 (1) by striking subsection (c); 

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

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

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

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


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

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

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

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

5 (c) PROCEDURE FOR GRANTING IMMIGRANT STA6 TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend7 ed— 

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

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

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

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

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

13 apply with respect to fiscal years beginning on or after 

14 such date. 

15 SEC. 4. PERMANENT PRIORITY DATES. 

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

17 and Nationality Act (8 U.S.C. 1153) is amended by add18 ing at the end the following: 

19 ‘‘(i) PERMANENT PRIORITY DATES.— 

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

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

22 employment-based petition shall be the date of filing 

23 of the petition with the Secretary of Homeland Secu24 rity (or the Secretary of State, if applicable), unless 

25 the filing of the petition was preceded by the filing 


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1 of a labor certification with the Secretary of Labor, 

2 in which case that date shall constitute the priority 

3 date. 

4 ‘‘(2) SUBSEQUENT EMPLOYMENT-BASED PETI5 TIONS.—Subject to subsection (h)(3), an alien who 

6 is the beneficiary of any employment-based petition 

7 that was approvable when filed (including self-peti8 tioners) shall retain the priority date assigned with 

9 respect to that petition in the consideration of any 

10 subsequently filed employment-based petition (in11 cluding self-petitions).’’. 

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

13 subsection (a) shall take effect on October 1, 2014, and 

14 shall apply to aliens who are a beneficiary of a classifica15 tion petition pending on or after such date. 

16 SEC. 5. STUDENT VISA REFORM. 

17 (a) IN GENERAL.—Section 101(a)(15)(F) of the Im18 migration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) 

19 is amended to read as follows: 

20 ‘‘(F) an alien— 

21 ‘‘(i) who— 

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

23 pursue a full course of study in a field of 

24 science, technology, engineering, or mathe25 matics (as defined in section 


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1 203(b)(6)(B)(ii)) leading to a bachelors or 

2 graduate degree and who seeks to enter 

3 the United States for the purpose of pur4 suing such a course of study consistent 

5 with section 214(m) at an institution of 

6 higher education (as described in section 

7 101(a) of the Higher Education Act of 

8 1965 (20 U.S.C. 1001(a))) or a propri9 etary institution of higher education (as 

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

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

12 particularly designated by the alien and 

13 approved by the Secretary of Homeland 

14 Security, after consultation with the Sec15 retary of Education, which institution shall 

16 have agreed to report to the Secretary of 

17 Homeland Security the termination of at18 tendance of each nonimmigrant student, 

19 and if any such institution fails to make 

20 reports promptly the approval shall be 

21 withdrawn; or 

22 ‘‘(II) is engaged in temporary employ23 ment for optional practical training related 

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1 pletion of the course of study described in 

2 subclause (I); 

3 ‘‘(ii) who has a residence in a foreign coun4 try which the alien has no intention of aban5 doning, who is a bona fide student qualified to 

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

7 enter the United States temporarily and solely 

8 for the purpose of pursuing such a course of 

9 study consistent with section 214(m) at an es10 tablished college, university, seminary, conserv11 atory, academic high school, elementary school, 

12 or other academic institution or in a language 

13 training program in the United States, particu14 larly designated by the alien and approved by 

15 the Secretary of Homeland Security, after con16 sultation with the Secretary of Education, 

17 which institution of learning or place of study 

18 shall have agreed to report to the Secretary of 

19 Homeland Security the termination of attend20 ance of each nonimmigrant student, and if any 

21 such institution of learning or place of study 

22 fails to make reports promptly the approval 

23 shall be withdrawn; 


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

2 an alien described in clause (i) or (ii) if accom3 panying or following to join such an alien; or 

4 ‘‘(iv) who is a national of Canada or Mex5 ico, who maintains actual residence and place of 

6 abode in the country of nationality, who is de7 scribed in clause (i) or (ii) except that the 

8 alien’s qualifications for and actual course of 

9 study may be full or part-time, and who com10 mutes to the United States institution or place 

11 of study from Canada or Mexico.’’. 

12 (b) ADMISSION.—Section 214(b) of the Immigration 

13 and Nationality Act (8 U.S.C. 1184(b)) is amended by in14 serting ‘‘(F)(i),’’ before ‘‘(L) or (V)’’. 

15 (c) CONFORMING AMENDMENT.—Section 214(m)(1) 

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

17 1184(m)(1)) is amended, in the matter preceding subpara18 graph (A), by striking ‘‘(i) or (iii)’’ and inserting ‘‘(i), (ii), 

19 or (iv)’’. 

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

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

22 apply to nonimmigrants who possess or are granted status 

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1 tionality Act (8 U.S.C. 1101(a)(15)(F)) on or after such 

2 date. 

Æ 


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