II 

113TH CONGRESS 

1ST SESSION S. 303 

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 SENATE OF THE UNITED STATES 

FEBRUARY 13, 2013 

Mr. VITTER 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 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 Jobs 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 2014 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 00:53 Feb 23, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S303.IS S303

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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2 U.S.C. 1151 note) if section 201(e) had not been repealed 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 Jobs Act of 2013. 

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

5 this subparagraph for fiscal year 2014, 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 2014 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 2014 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 2014. 

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

21 this subparagraph for fiscal year 2015, 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 00:53 Feb 23, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S303.IS S303

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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 2015 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 2015. 

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

12 this subparagraph for fiscal year 2016, 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 2016 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 2015 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 2016. 

7 Such immigrant visa numbers may only be made available 

8 in fiscal years after fiscal year 2016 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 2017. 

9 Such immigrant visa numbers may only be made available 

10 in fiscal years after fiscal year 2016 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 2017.’’. 

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) has been in existence for 

12 at least 10 years; and 

13 ‘‘(IV) is accredited by an accred14 iting body that is itself accredited ei15 ther by the Department of Education 

16 or by the Council for Higher Edu17 cation Accreditation. 

18 ‘‘(C) LABOR CERTIFICATION REQUIRED.— 

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

20 (ii), the Secretary of Homeland Security 

21 may not approve a petition filed for classi22 fication of an alien under subparagraph 

23 (A) unless the Secretary of Homeland Se24 curity is in receipt of a determination 

25 made by the Secretary of Labor pursuant 


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

2 except that the Secretary of Homeland Se3 curity may, when the Secretary deems it to 

4 be in the national interest, waive this re5 quirement. 

6 ‘‘(ii) REQUIREMENT DEEMED SATIS7 FIED.—The requirement of clause (i) shall 

8 be deemed satisfied with respect to an em9 ployer and an alien in a case in which a 

10 certification made under section 

11 212(a)(5)(A)(i) has already been obtained 

12 with respect to the alien by that employer. 

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

14 FROM U.S. DOCTORAL INSTITUTIONS OF HIGHER

15 EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEER16 ING, OR MATHEMATICS.— 

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

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

19 made available to the class of aliens who— 

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

21 of science, technology, engineering, or 

22 mathematics from a United States doctoral 

23 institution of higher education that was ei24 ther part of a master’s program that re25 quired at least 2 years of enrollment or 


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1 part of a 5-year combined baccalaureate2 master’s degree program in such field; 

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

4 courses in a field of science, technology, 

5 engineering, or mathematics, including all 

6 courses taken by correspondence (including 

7 courses offered by telecommunications) or 

8 by distance education, while physically 

9 present in the United States; and 

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

11 field of science, technology, engineering, or 

12 mathematics or in a field included in the 

13 Department of Education’s Classification 

14 of Instructional Programs taxonomy within 

15 the summary group of biological and bio16 medical sciences. 

17 ‘‘(B) LABOR CERTIFICATION REQUIRED.— 

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

19 (ii), the Secretary of Homeland Security 

20 may not approve a petition filed for classi21 fication of an alien under subparagraph 

22 (A) unless the Secretary of Homeland Se23 curity is in receipt of a determination 

24 made by the Secretary of Labor pursuant 

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


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1 except that the Secretary of Homeland Se2 curity may, when the Secretary deems it to 

3 be in the national interest, waive this re4 quirement. 

5 ‘‘(ii) REQUIREMENT DEEMED SATIS6 FIED.—The requirement of clause (i) shall 

7 be deemed satisfied with respect to an em8 ployer and an alien in a case in which a 

9 certification made under section 

10 212(a)(5)(A)(i) has already been obtained 

11 with respect to the alien by that employer. 

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

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

14 this paragraph.’’. 

15 (d) PROCEDURE FOR GRANTING IMMIGRANT STA16 TUS.—Section 204(a)(1)(F) of such Act (8 U.S.C. 

17 1154(a)(1)(F)) is amended— 

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

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

20 ‘‘203(b)(3), 203(b)(6), or 203(b)(7)’’; 

21 (3) by striking ‘‘Attorney General’’ and insert22 ing ‘‘Secretary of Homeland Security’’; and 

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

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

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


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

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

4 adjudicate such petitions not later than 60 days 

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

6 event that additional information or documentation 

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

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

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

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

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

15 include the reasons therefore and the Secretary shall 

16 provide an opportunity for the prompt resubmission 

17 of a modified petition.’’. 

18 (e) LABOR CERTIFICATION AND QUALIFICATION FOR

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

20 U.S.C. 1182(a)(5)) is amended— 

21 (1) in subparagraph (A)— 

22 (A) in clause (ii)— 

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

24 at the end and inserting a semicolon; 


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

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

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

5 ‘‘(III) holds a doctorate degree in 

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

8 United States doctoral institution of 

9 higher education (as defined in section 

10 203(b)(6)(B)(iii)).’’; 

11 (B) by redesignating clauses (ii) through 

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

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

15 ‘‘(ii) JOB ORDER.— 

16 ‘‘(I) IN GENERAL.—An employer 

17 who files an application under clause 

18 (i) shall submit a job order for the 

19 labor the alien seeks to perform to the 

20 State workforce agency in the State in 

21 which the alien seeks to perform the 

22 labor. The State workforce agency 

23 shall post the job order on its official 

24 agency website for a minimum of 30 

25 days and not later than 3 days after 


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1 receipt using the employment statis2 tics system authorized under section 

3 15 of the Wagner-Peyser Act (29 

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

5 ‘‘(II) LINKS.—The Secretary of 

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

8 agencies on a single webpage of the 

9 official website of the Department of 

10 Labor.’’; and 

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

12 ‘‘(vi) PROCESSING STANDARDS FOR

13 ALIEN BENEFICIARIES QUALIFYING UNDER

14 PARAGRAPHS (6) AND (7) OF SECTION

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

18 beneficiaries qualifying under paragraph 

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

20 ‘‘(I) The Secretary of Labor shall 

21 adjudicate such applications not later 

22 than 180 days after the date on which 

23 the application is filed. In the event 

24 that additional information or docu25 mentation is requested by the SecVerDate Mar 15 2010 00:53 Feb 23, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S303.IS S303

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1 retary during such 180-day period, 

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

4 the date on which such information or 

5 documentation is received. 

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

8 date of filing if the application does 

9 not meet the standards for approval. 

10 If the application does not meet such 

11 standards, the notice shall include the 

12 reasons therefore and the Secretary 

13 shall provide an opportunity for the 

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

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

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

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

19 Comptroller General of the United States shall provide to 

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

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

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


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

3 official website of the Department of Homeland Security, 

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

6 and fiscal year) with respect to aliens granted status 

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

9 by this section: 

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

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

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

14 (2) The number of aliens granted status under 

15 either of such paragraphs in the month and fiscal 

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

18 (3) The occupations for which such alien or 

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

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

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

23 apply with respect to fiscal years beginning on or after 

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


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1 from accepting before such date petitions under section 

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

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

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

6 SEC. 3. ELIMINATION OF DIVERSITY IMMIGRANT PRO7 GRAM. 

8 (a) WORLDWIDE LEVEL OF DIVERSITY IMMI9 GRANTS.—Section 201 of the Immigration and Nation10 ality Act (8 U.S.C. 1151) is amended— 

11 (1) in subsection (a)— 

12 (A) by inserting ‘‘and’’ at the end of para13 graph (1); 

14 (B) by striking ‘‘; and’’ at the end of para15 graph (2) and inserting a period; and 

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

17 (2) by striking subsection (e). 

18 (b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.— 

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

20 (1) by striking subsection (c); 

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

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

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

24 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, 2013, and shall 

13 apply with respect to fiscal years beginning on or after 

14 such date. 

15 SEC. 4. NATIONAL SCIENCE FOUNDATION REPORT. 

16 (a) REQUIREMENT FOR REPORT.—Not later than 4 

17 years after the date of the enactment of this Act, and 

18 every 5 years thereafter, the National Science Foundation 

19 shall submit, to the Committees on the Judiciary, on Com20 merce, Science and Transportation, and on Health, Edu21 cation, Labor and Pensions of the Senate and the Commit22 tees on the Judiciary, on Science, Space and Technology, 

23 and on Education and the Workforce of the House of Rep24 resentatives, a report regarding the science, technology, 

25 engineering, and math workforce in the United States. 


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1 The National Science Foundation may contract with the 

2 National Academies for more detailed studies to support 

3 this report. 

4 (b) CONTENTS.—The report required by subsection 

5 (a) shall— 

6 (1) assess the extent to which the science, tech7 nology, engineering, and math workforce in the 

8 United States is meeting the needs of employers and 

9 the goal of improving the international economic 

10 competitiveness of the United States; 

11 (2) assess the success of institutions of elemen12 tary, secondary, and higher education in the United 

13 States in preparing United States citizens and aliens 

14 lawfully admitted to the United States for perma15 nent residence for jobs in the science, technology, 

16 engineering, and math workforce; 

17 (3) assess the wages, working conditions, and 

18 career prospects of United States citizens and aliens 

19 lawfully admitted to the United States for perma20 nent residence in the science, technology, engineer21 ing. and math workforce; 

22 (4) assess the impact of this Act on each of the 

23 issues described in paragraphs (1) through (3); and 

24 (5) recommend to the Congress whether the 

25 amendments made by section 2 of this Act should be 


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1 reauthorized before the period of their effectiveness 

2 has terminated. 

3 SEC. 5. PERMANENT PRIORITY DATES. 

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

5 and Nationality Act (8 U.S.C. 1153) is amended by add6 ing at the end the following: 

7 ‘‘(i) PERMANENT PRIORITY DATES.— 

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

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

10 employment-based petition shall be the date of filing 

11 of the petition with the Secretary of Homeland Secu12 rity (or the Secretary of State, if applicable), unless 

13 the filing of the petition was preceded by the filing 

14 of a labor certification with the Secretary of Labor, 

15 in which case that date shall constitute the priority 

16 date. 

17 ‘‘(2) SUBSEQUENT EMPLOYMENT-BASED PETI18 TIONS.—Subject to subsection (h)(3), an alien who 

19 is the beneficiary of any employment-based petition 

20 that was approvable when filed (including self-peti21 tioners) shall retain the priority date assigned with 

22 respect to that petition in the consideration of any 

23 subsequently filed employment-based petition (in24 cluding self-petitions).’’. 


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

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

3 shall apply to aliens who are a beneficiary of a classifica4 tion petition pending on or after such date. 

5 SEC. 6. STUDENT VISA REFORM. 

6 (a) IN GENERAL.—Section 101(a)(15)(F) of the Im7 migration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) 

8 is amended to read as follows: 

9 ‘‘(F) an alien— 

10 ‘‘(i) who— 

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

12 pursue a full course of study in a field of 

13 science, technology, engineering, or mathe14 matics (as defined in section 

15 203(b)(6)(B)(ii)) leading to a bachelors or 

16 graduate degree and who seeks to enter 

17 the United States for the purpose of pur18 suing such a course of study consistent 

19 with section 214(m) at an institution of 

20 higher education (as described in section 

21 101(a) of the Higher Education Act of 

22 1965 (20 U.S.C. 1001(a))) or a propri23 etary institution of higher education (as 

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

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


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1 particularly designated by the alien and 

2 approved by the Secretary of Homeland 

3 Security, after consultation with the Sec4 retary of Education, which institution shall 

5 have agreed to report to the Secretary of 

6 Homeland Security the termination of at7 tendance of each nonimmigrant student, 

8 and if any such institution fails to make 

9 reports promptly the approval shall be 

10 withdrawn; or 

11 ‘‘(II) is engaged in temporary employ12 ment for optional practical training related 

13 to such alien’s area of study following com14 pletion of the course of study described in 

15 subclause (I); 

16 ‘‘(ii) who has a residence in a foreign coun17 try which the alien has no intention of aban18 doning, who is a bona fide student qualified to 

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

20 enter the United States temporarily and solely 

21 for the purpose of pursuing such a course of 

22 study consistent with section 214(m) at an es23 tablished college, university, seminary, conserv24 atory, academic high school, elementary school, 

25 or other academic institution or in a language 


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•S 303 IS

1 training program in the United States, particu2 larly designated by the alien and approved by 

3 the Secretary of Homeland Security, after con4 sultation with the Secretary of Education, 

5 which institution of learning or place of study 

6 shall have agreed to report to the Secretary of 

7 Homeland Security the termination of attend8 ance of each nonimmigrant student, and if any 

9 such institution of learning or place of study 

10 fails to make reports promptly the approval 

11 shall be withdrawn; 

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

13 an alien described in clause (i) or (ii) if accom14 panying or following to join such an alien; or 

15 ‘‘(iv) who is a national of Canada or Mex16 ico, who maintains actual residence and place of 

17 abode in the country of nationality, who is de18 scribed in clause (i) or (ii) except that the 

19 alien’s qualifications for and actual course of 

20 study may be full or part-time, and who com21 mutes to the United States institution or place 

22 of study from Canada or Mexico.’’. 

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

24 and Nationality Act (8 U.S.C. 1184(b)) is amended by in25 serting ‘‘(F)(i),’’ before ‘‘(L) or (V)’’. 


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•S 303 IS

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

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

3 1184(m)(1)) is amended, in the matter preceding subpara4 graph (A), by striking ‘‘(i) or (iii)’’ and inserting ‘‘(i), (ii), 

5 or (iv)’’. 

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

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

8 apply to nonimmigrants who possess or are granted status 

9 under section 101(a)(15)(F) of the Immigration and Na10 tionality Act (8 U.S.C. 1101(a)(15)(F)) on or after such 

11 date. 

12 SEC. 7. EXPANSION OF THE ‘‘V’’ NONIMMIGRANT VISA PRO13 GRAM FOR SPOUSES AND CHILDREN OF PER14 MANENT RESIDENTS AWAITING THE AVAIL15 ABILITY OF AN IMMIGRANT VISA. 

16 (a) IN GENERAL.—Section 101(a)(15)(V) of the Im17 migration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) 

18 is amended— 

19 (1) in the matter preceding clause (i), by strik20 ing ‘‘that was filed with the Attorney General under 

21 section 204 on or before the date of the enactment 

22 of the Legal Immigration Family Equity Act,’’; 

23 (2) in clause (i), by striking ‘‘3 years or more;’’ 

24 and inserting ‘‘1 year or more;’’; and 


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•S 303 IS

1 (3) in clause (ii), by striking ‘‘3 years or more 

2 have’’ and inserting ‘‘1 year or more has’’. 

3 (b) PROVISIONS AFFECTING NONIMMIGRANT STA4 TUS.—Section 214(q) of the Immigration and Nationality 

5 Act (8 U.S.C. 1184(q)) is amended— 

6 (1) by striking paragraphs (2) and (3); 

7 (2) in paragraph (1)— 

8 (A) in subparagraph (A), by striking ‘‘the 

9 Attorney General’’ and all that follows through 

10 ‘‘; and’’ and inserting ‘‘the alien may not be au11 thorized to engage in employment in the United 

12 States during the period of authorized admis13 sion as such a nonimmigrant; and’’; and 

14 (B) by redesignating subparagraphs (A) 

15 and (B) as paragraphs (1) and (2), respectively; 

16 and 

17 (3) by striking ‘‘(q)(1)’’ and inserting ‘‘(q)’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

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

20 apply to an alien who— 

21 (1) applies for nonimmigrant status under sec22 tion 101(a)(15)(V) of the Immigration and Nation23 ality Act (8 U.S.C. 1101(a)(15)(V)) on or after such 

24 date; and 


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1 (2) is the beneficiary of a classification petition 

2 filed under section 204 of the Immigration and Na3 tionality Act (8 U.S.C. 1154) before, on, or after 

4 such date. 

5 SEC. 8. OFFSET. 

6 The amounts expended to carry out this Act shall be 

7 offset by a corresponding reduction in Federal discre8 tionary spending. 

Æ 


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