II 

114TH CONGRESS 

1ST SESSION S. 98 

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 

JANUARY 7, 2015 

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 2015’’. 


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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 2016 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 Sep 11 2014 00:15 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S98.IS S98

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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2 U.S.C. 1151 note) if section 201(e) had not been repealed 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 2015. 

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

5 this subparagraph for fiscal year 2016, 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 2016 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 2016 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 2016. 

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

21 this subparagraph for fiscal year 2017, 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 Sep 11 2014 00:15 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S98.IS S98

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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 2017 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 2017 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 2017. 

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

12 this subparagraph for fiscal year 2018, 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 2018 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 2017 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 2018. 

7 Such immigrant visa numbers may only be made available 

8 in fiscal years after fiscal year 2018 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 2018. 

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

13 this subparagraph for fiscal year 2019, 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 2019 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 2018 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 2019. 

9 Such immigrant visa numbers may only be made available 

10 in fiscal years after fiscal year 2018 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 2019.’’. 

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 UNITED STATES DOCTORAL INSTITUTIONS OF

3 HIGHER EDUCATION IN SCIENCE, TECHNOLOGY, EN4 GINEERING, 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 2014, 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 waive this requirement if the 

4 Secretary determines such waiver to be in 

5 the national interest. 

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

8 shall be deemed satisfied with respect to 

9 an employer and an alien in a case in 

10 which a 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 UNITED STATES DOCTORAL INSTITUTIONS OF

15 HIGHER EDUCATION IN SCIENCE, TECHNOLOGY, EN16 GINEERING, 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 waive this requirement if the 

3 Secretary determines such waiver to be in 

4 the national interest. 

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

7 shall be deemed satisfied with respect to 

8 an employer and an alien in a case in 

9 which a certification made under section 

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

11 with respect to the alien by that em12 ployer.’’. 

13 (d) PROCEDURE FOR GRANTING IMMIGRANT STA14 TUS.—Section 204(a)(1)(F) of such Act (8 U.S.C. 

15 1154(a)(1)(F)) is amended— 

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

17 (2) by striking ‘‘203(b)(1)(B), 203(b)(1)(C), 

18 203(b)(2) or 203(b)(3)’’ and inserting ‘‘paragraph 

19 (1)(B), (1)(C), (2), (3), (6), or (7) of section 

20 203(b)’’; 

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 filed under clause (i) relating to 


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1 alien beneficiaries qualifying under paragraph (6) or (7) 

2 of section 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. If addi6 tional information or documentation is requested by 

7 the Secretary during such 60-day period, the Sec8 retary shall adjudicate the petition not later than 30 

9 days after the date on which such information or 

10 documentation is received. 

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

12 not later than 30 days after the date of filing if the 

13 petition does not meet the standards for approval. 

14 ‘‘(III) Notification under subclause (II) shall in15 clude— 

16 ‘‘(aa) a description of the specific defi17 ciencies in the petition; and 

18 ‘‘(bb) an explanation of the process avail19 able to the applicant for the prompt resubmis20 sion of a modified petition.’’. 

21 (e) LABOR CERTIFICATION AND QUALIFICATION FOR

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

23 U.S.C. 1182(a)(5)) is amended— 

24 (1) in subparagraph (A)— 

25 (A) in clause (ii)— 


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

2 at the end and inserting a semicolon; 

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

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

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(III) holds a doctorate degree in 

8 a field of science, technology, engi9 neering, or mathematics from a 

10 United States doctoral institution of 

11 higher education (as defined in section 

12 203(b)(6)(B)(iii)).’’; 

13 (B) by redesignating clauses (ii) through 

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

15 (C) by inserting after clause (i) the fol16 lowing: 

17 ‘‘(ii) JOB ORDER.— 

18 ‘‘(I) IN GENERAL.—An employer 

19 who files an application under clause 

20 (i) shall submit a job order for the 

21 labor the alien seeks to perform to the 

22 State workforce agency in the State in 

23 which the alien seeks to perform the 

24 labor. The State workforce agency 

25 shall post the job order on its official 


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1 agency website for a minimum of 30 

2 days beginning not later than 3 days 

3 after receipt using the employment 

4 statistics system authorized under sec5 tion 15 of the Wagner-Peyser Act (29 

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

7 ‘‘(II) LINKS.—The Secretary of 

8 Labor shall include links to the offi9 cial websites of all State workforce 

10 agencies on a single webpage of the 

11 official website of the Department of 

12 Labor.’’; and 

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

14 ‘‘(vi) PROCESSING STANDARDS FOR

15 ALIEN BENEFICIARIES QUALIFYING UNDER

16 PARAGRAPHS (6) AND (7) OF SECTION

17 203(b).—The following processing stand18 ards shall apply with respect to applica19 tions under clause (i) relating to alien 

20 beneficiaries qualifying under paragraph 

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

22 ‘‘(I) The Secretary of Labor shall 

23 adjudicate such applications not later 

24 than 180 days after the date on which 

25 the application is filed. If additional 


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1 information or documentation is re2 quested by the Secretary during such 

3 180-day period, the Secretary shall 

4 adjudicate the application not later 

5 than 60 days after the date on which 

6 such information or documentation is 

7 received. 

8 ‘‘(II) The applicant shall be noti9 fied in writing not later than 60 days 

10 after the date of filing if the applica11 tion does not meet the standards for 

12 approval. 

13 ‘‘(III) Notification under sub14 clause (II) shall include— 

15 ‘‘(aa) a description of the 

16 specific deficiencies in the peti17 tion; and 

18 ‘‘(bb) an explanation of the 

19 process available to the applicant 

20 for the prompt resubmission of a 

21 modified petition.’’; and 

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

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

24 (f) GAO STUDY.—Not later than June 30, 2020, the 

25 Comptroller General of the United States shall submit to 


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1 Congress the results of a study on the use by the National 

2 Science Foundation of the classification authority pro3 vided under section 203(b)(6)(B)(iii)(II) of the Immigra4 tion and Nationality Act (8 U.S.C. 1153(b)(6)(B)(iii)(II)), 

5 as added by subsection (c). 

6 (g) PUBLIC INFORMATION.—The Secretary of Home7 land Security shall make available to the public on the 

8 official website of the Department of Homeland Security, 

9 and shall update not less than monthly, the following in10 formation, organized by month and fiscal year, with re11 spect to aliens granted status under paragraph (6) or (7) 

12 of section 203(b) of the Immigration and Nationality Act 

13 (8 U.S.C. 1153(b)), as added by this section: 

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

15 who petitioned pursuant to either of such para16 graphs on behalf of 1 or more aliens who were 

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

18 (2) The number of aliens granted status under 

19 either of such paragraphs in the month and fiscal 

20 year to date based upon a petition filed by such em21 ployer. 

22 (3) The occupations for which such alien or 

23 aliens were sought by such employer and the job ti24 tles listed by such employer on the petition. 

25 (h) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—The amendments made by 

2 this section shall take effect on October 1, 2015, 

3 and shall apply with respect to fiscal years beginning 

4 on or after such date. 

5 (2) SAVINGS PROVISION.—Nothing in this sub6 section may be construed to prohibit the Secretary 

7 of Homeland Security from accepting petitions be8 fore October 1, 2015, under section 204(a)(1)(F) of 

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

10 1154(a)(1)(F)) relating to alien beneficiaries quali11 fying under paragraph (6) or (7) of section 203(b) 

12 of such Act (8 U.S.C. 1153(b)), as added by sub13 section (c). 

14 SEC. 3. ELIMINATION OF DIVERSITY IMMIGRANT PRO15 GRAM. 

16 (a) WORLDWIDE LEVEL OF DIVERSITY IMMI17 GRANTS.—Section 201 of the Immigration and Nation18 ality Act (8 U.S.C. 1151) is amended— 

19 (1) in subsection (a)— 

20 (A) by inserting ‘‘and’’ at the end of para21 graph (1); 

22 (B) by striking ‘‘; and’’ at the end of para23 graph (2) and inserting a period; and 

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

25 (2) by striking subsection (e). 


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1 (b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.— 

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

3 (1) by striking subsection (c); 

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

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

6 (3) in subsection (e)— 

7 (A) by striking paragraph (2); and 

8 (B) by redesignating paragraph (3) as 

9 paragraph (2); 

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

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

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

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

14 (c) PROCEDURE FOR GRANTING IMMIGRANT STA15 TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend16 ed— 

17 (1) in subsection (a)(1), by striking subpara18 graph (I); and 

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

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

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

22 this section shall take effect on October 1, 2015, and shall 

23 apply with respect to fiscal years beginning on or after 

24 such date. 


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1 SEC. 4. NATIONAL SCIENCE FOUNDATION REPORT. 

2 (a) REPORT REQUIRED.— 

3 (1) IN GENERAL.—Not later than 4 years after 

4 the date of the enactment of this Act, and every 5 

5 years thereafter, the National Science Foundation 

6 shall submit a report regarding the science, tech7 nology, engineering, and math workforce in the 

8 United States to— 

9 (A) the Committee on the Judiciary of the 

10 Senate; 

11 (B) the Committee on Commerce, Science, 

12 and Transportation of the Senate; 

13 (C) the Committee on Health, Education, 

14 Labor, and Pensions of the Senate; 

15 (D) the Committee on the Judiciary of the 

16 House of Representatives; 

17 (E) the Committee on Science, Space, and 

18 Technology of the House of Representatives; 

19 and 

20 (F) the Committee on Education and the 

21 Workforce of the House of Representatives. 

22 (2) CONTRACT AUTHORITY.—The National 

23 Science Foundation may contract with the National 

24 Academies for more detailed studies to support the 

25 report required under paragraph (1). 


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1 (b) CONTENTS.—The report required under sub2 section (a) shall— 

3 (1) assess the extent to which the science, tech4 nology, engineering, and math workforce in the 

5 United States is meeting the needs of employers and 

6 the goal of improving the international economic 

7 competitiveness of the United States; 

8 (2) assess the success of institutions of elemen9 tary, secondary, and higher education in the United 

10 States in preparing United States citizens and aliens 

11 lawfully admitted to the United States for perma12 nent residence for jobs in the science, technology, 

13 engineering, and math workforce; 

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

15 career prospects of United States citizens and aliens 

16 lawfully admitted to the United States for perma17 nent residence in the science, technology, engineer18 ing, and math workforce; 

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

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

21 (5) recommend to the Congress whether the 

22 amendments made under section 2 of this Act 

23 should be reauthorized before the period of their ef24 fectiveness has terminated. 


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1 SEC. 5. PERMANENT PRIORITY DATES. 

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

3 and Nationality Act (8 U.S.C. 1153) is amended by add4 ing at the end the following: 

5 ‘‘(i) PERMANENT PRIORITY DATES.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2) 

7 and subsection (h)(3), the priority date for any em8 ployment-based petition shall be— 

9 ‘‘(A) the date of filing of the petition with 

10 the Secretary of Homeland Security (or the 

11 Secretary of State, if applicable); or 

12 ‘‘(B) if the filing of the petition was pre13 ceded by the filing of a labor certification with 

14 the Secretary of Labor, the date of such labor 

15 certification filing. 

16 ‘‘(2) SUBSEQUENT EMPLOYMENT-BASED PETI17 TIONS.—Subject to subsection (h)(3), an alien who 

18 is the beneficiary of any employment-based petition 

19 that was approvable when filed (including self-peti20 tioners) shall retain the priority date assigned with 

21 respect to that petition in the consideration of any 

22 subsequently filed employment-based petition (in23 cluding self-petitions).’’. 

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

25 subsection (a) shall take effect on October 1, 2015, and 


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1 shall apply to aliens who are a beneficiary of a classifica2 tion petition pending on or after such date. 

3 SEC. 6. STUDENT VISA REFORM. 

4 (a) IN GENERAL.—Section 101(a)(15)(F) of the Im5 migration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) 

6 is amended to read as follows: 

7 ‘‘(F) an alien— 

8 ‘‘(i) who— 

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

10 pursue a full course of study in a field of 

11 science, technology, engineering, or mathe12 matics (as defined in section 

13 203(b)(6)(B)(ii)) leading to a bachelors or 

14 graduate degree and who seeks to enter 

15 the United States for the purpose of pur16 suing such a course of study consistent 

17 with section 214(m) at an institution of 

18 higher education (as described in section 

19 101(a) of the Higher Education Act of 

20 1965 (20 U.S.C. 1001(a))) or a propri21 etary institution of higher education (as 

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

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

24 particularly designated by the alien and 

25 approved by the Secretary of Homeland 


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1 Security, after consultation with the Sec2 retary of Education, which institution shall 

3 have agreed to report to the Secretary of 

4 Homeland Security the termination of at5 tendance of each nonimmigrant student, 

6 and if any such institution fails to make 

7 reports promptly the approval shall be 

8 withdrawn; or 

9 ‘‘(II) is engaged in temporary employ10 ment for optional practical training related 

11 to such alien’s area of study following com12 pletion of the course of study described in 

13 subclause (I); 

14 ‘‘(ii) who has a residence in a foreign coun15 try which the alien has no intention of aban16 doning, who is a bona fide student qualified to 

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

18 enter the United States temporarily and solely 

19 for the purpose of pursuing such a course of 

20 study consistent with section 214(m) at an es21 tablished college, university, seminary, conserv22 atory, academic high school, elementary school, 

23 or other academic institution or in a language 

24 training program in the United States, particu25 larly designated by the alien and approved by 


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1 the Secretary of Homeland Security, after con2 sultation with the Secretary of Education, 

3 which institution of learning or place of study 

4 shall have agreed to report to the Secretary of 

5 Homeland Security the termination of attend6 ance of each nonimmigrant student, and if any 

7 such institution of learning or place of study 

8 fails to make reports promptly the approval 

9 shall be withdrawn; 

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

11 an alien described in clause (i) or (ii) if accom12 panying or following to join such an alien; or 

13 ‘‘(iv) who is a national of Canada or Mex14 ico, who maintains actual residence and place of 

15 abode in the country of nationality, who is de16 scribed in clause (i) or (ii) except that the 

17 alien’s qualifications for and actual course of 

18 study may be full or part-time, and who com19 mutes to the United States institution or place 

20 of study from Canada or Mexico.’’. 

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

22 and Nationality Act (8 U.S.C. 1184(b)) is amended by in23 serting ‘‘(F)(i),’’ before ‘‘(L) or (V)’’. 

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

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


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1 1184(m)(1)) is amended, in the matter preceding subpara2 graph (A), by striking ‘‘(i) or (iii)’’ and inserting ‘‘(i), (ii), 

3 or (iv)’’. 

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

5 this section shall take effect on October 1, 2015, and shall 

6 apply to nonimmigrants who possess or are granted status 

7 under section 101(a)(15)(F) of the Immigration and Na8 tionality Act (8 U.S.C. 1101(a)(15)(F)), as amended by 

9 subsection (a), on or after such date. 

10 SEC. 7. EXPANSION OF THE ‘‘V’’ NONIMMIGRANT VISA PRO11 GRAM FOR SPOUSES AND CHILDREN OF PER12 MANENT RESIDENTS AWAITING THE AVAIL13 ABILITY OF AN IMMIGRANT VISA. 

14 (a) IN GENERAL.—Section 101(a)(15)(V) of the Im15 migration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) 

16 is amended— 

17 (1) in the matter preceding clause (i), by strik18 ing ‘‘that was filed with the Attorney General under 

19 section 204 on or before the date of the enactment 

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

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

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

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

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


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1 (b) PROVISIONS AFFECTING NONIMMIGRANT STA2 TUS.—Section 214(q) of the Immigration and Nationality 

3 Act (8 U.S.C. 1184(q)) is amended— 

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

5 (2) in paragraph (1)— 

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

7 Attorney General’’ and all that follows through 

8 ‘‘; and’’ and inserting ‘‘the alien may not be au9 thorized to engage in employment in the United 

10 States during the period of authorized admis11 sion as such a nonimmigrant; and’’; and 

12 (B) by redesignating subparagraphs (A) 

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

14 and 

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

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

17 this section shall take effect on October 1, 2015, and shall 

18 apply to an alien who— 

19 (1) applies for nonimmigrant status under sec20 tion 101(a)(15)(V) of the Immigration and Nation21 ality Act (8 U.S.C. 1101(a)(15)(V)) on or after such 

22 date; and 

23 (2) is the beneficiary of a classification petition 

24 filed under section 204 of the Immigration and NaVerDate Sep 11 2014 00:15 Jan 15, 2015 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S98.IS S98

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1 tionality Act (8 U.S.C. 1154) before, on, or after 

2 such date. 

3 SEC. 8. OFFSET. 

4 The amounts expended to carry out this Act shall be 

5 offset by a corresponding reduction in Federal discre6 tionary spending. 

Æ 


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