I 

112TH CONGRESS 

1ST SESSION H. R. 3146 

To amend the Immigration and Nationality Act to promote innovation, 

investment, and research in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 11, 2011 

Mr. LABRADOR (for himself, Mr. GRIFFIN of Arkansas, Mr. ROSS of Florida, 

Mr. YODER, Mr. SENSENBRENNER, and Mr. DOLD) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Science, Space, and Technology and 

Education and the Workforce, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To amend the Immigration and Nationality Act to promote 

innovation, investment, and research in the United 

States, 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 ‘‘American Innovation 

5 and Education Act of 2011’’. 


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1 TITLE I—ATTRACTING AND RE2 TAINING INNOVATORS AND 

3 JOB CREATORS 

4 SEC. 101. U.S. GRADUATES IN SCIENCE, TECHNOLOGY, EN5 GINEERING, AND MATHEMATICS. 

6 (a) ADVANCED STEM GRADUATES.—Section 

7 203(b)(1) of the Immigration and Nationality Act (8 

8 U.S.C. 1153(b)(1)) is amended— 

9 (1) in the matter preceding subparagraph (A), 

10 by striking ‘‘(A) through (C)’’ and inserting ‘‘(A) 

11 through (D)’’; and 

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

13 ‘‘(D) ADVANCED GRADUATES IN SCIENCE, 

14 TECHNOLOGY, ENGINEERING AND MATHE15 MATICS.—An alien is described in this subpara16 graph if— 

17 ‘‘(i) the alien possesses a graduate de18 gree at the level of master’s or higher in 

19 a field of science, technology, engineering, 

20 or mathematics from a United States insti21 tution of higher education that has been 

22 designated by the Director of the National 

23 Science Foundation as a research institu24 tion or as otherwise excelling at instruction 

25 in such fields; 


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1 ‘‘(ii) the alien has an offer of employ2 ment from a United States employer in a 

3 field related to such degree; and 

4 ‘‘(iii) the employer is offering and will 

5 offer wages that are at least— 

6 ‘‘(I) the actual wage level paid by 

7 the employer to all other individuals 

8 with similar experience and qualifica9 tions in the same occupational classi10 fication; or 

11 ‘‘(II) the prevailing wage level for 

12 the occupational classification in the 

13 area of employment; 

14 whichever is greater, based on the best in15 formation available as of the time of filing 

16 the petition.’’. 

17 (b) CAP EXEMPTION.—Section 201(b)(1) of the Im18 migration and Nationality Act (8 U.S.C. 1151(b)(1)) is 

19 amended by adding at the end the following: 

20 ‘‘(F) Aliens described in paragraph (1)(B) or 

21 (1)(D) of section 203(b).’’. 

22 (c) REMOVING VISA HURDLES FOR STUDENTS.— 

23 (1) PROVIDING DUAL INTENT.— 

24 (A) IN GENERAL.—Section 

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1 tionality Act (8 U.S.C. 1101(a)(15)(F)(i)) is 

2 amended by striking ‘‘an alien having a resi3 dence in a foreign country which he has no in4 tention of abandoning, who is a bona fide stu5 dent qualified to pursue a full course of study 

6 and who’’ and inserting ‘‘an alien who is a bona 

7 fide student qualified to pursue a full course of 

8 study, who (except for a student qualified to 

9 pursue a full course of study at an institution 

10 of higher education) has a residence in a for11 eign country which the alien has no intention of 

12 abandoning, and who’’. 

13 (B) CONFORMING AMENDMENTS.— 

14 (i) Section 214(b) of the Immigration 

15 and Nationality Act (8 U.S.C. 1184(b)) is 

16 amended by striking ‘‘(other than a non17 immigrant’’ and inserting ‘‘(other than a 

18 nonimmigrant described in section 

19 101(a)(15)(F) if the alien is qualified to 

20 pursue a full course of study at an institu21 tion of higher education, other than a non22 immigrant’’. 

23 (ii) Section 214(h) of the Immigration 

24 and Nationality Act (8 U.S.C. 1184(h)) is 

25 amended by inserting ‘‘(F) (if the alien is 


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1 qualified to pursue a full course of study at 

2 an institution of higher education),’’ before 

3 ‘‘H(i)(b)’’. 

4 (2) DEFINITIONS.—Section 101(a) of the Immi5 gration and Nationality Act (8 U.S.C. 1101(a)) is 

6 amended by adding at the end the following: 

7 ‘‘(52) The term ‘institution of higher education’ 

8 has the meaning given such term in section 101(a) 

9 of the Higher Education Act of 1965 (20 U.S.C. 

10 1001(a)). 

11 ‘‘(53) The term ‘employer’ shall include any 

12 group treated as a single employer under subsection 

13 (b), (c), (m), or (o) of section 414 of the Internal 

14 Revenue Code of 1986.’’. 

15 (d) CONFORMING AMENDMENTS.—Section 

16 204(a)(1)(F) of the Immigration and Nationality Act (8 

17 U.S.C. 1154(a)(1)(F)) is amended— 

18 (1) by inserting ‘‘203(b)(1)(D),’’ after 

19 ‘‘203(b)(1)(C),’’; and 

20 (2) by striking ‘‘Attorney General’’ and insert21 ing ‘‘Secretary of Homeland Security’’. 

22 SEC. 102. ELIMINATING GREEN CARD BACKLOGS. 

23 (a) PER COUNTRY LEVELS.—Section 202(a) of the 

24 Immigration and Nationality Act (8 U.S.C. 1152(a)) is 

25 amended— 


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1 (1) in paragraph (2)— 

2 (A) by striking ‘‘, (4), and (5)’’ and insert3 ing ‘‘and (4)’’; 

4 (B) by striking ‘‘subsections (a) and (b) of 

5 section 203’’ and inserting ‘‘section 203(a)’’; 

6 (C) by striking ‘‘7 percent (in the case of 

7 a single foreign state) or 2 percent’’ and insert8 ing ‘‘15 percent (in the case of a single foreign 

9 state) or 5 percent’’; and 

10 (D) by striking ‘‘such subsections’’ and in11 serting ‘‘such section’’; and 

12 (2) by striking paragraph (5). 

13 (b) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

14 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

15 note) is amended— 

16 (1) in subsection (a), by striking ‘‘subsection 

17 (e)’’ and inserting ‘‘subsection (d)’’; 

18 (2) by striking subsection (d); and 

19 (3) by redesignating subsection (e) as sub20 section (d). 


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1 TITLE II—INVESTING IN THE 

2 NEXT GENERATION OF 

3 INNOVATORS AND JOB CRE4 ATORS 

5 SEC. 201. INVESTING IN STEM EDUCATION FOR U.S. STU6 DENTS. 

7 Section 204(a)(1)(F) of the Immigration and Nation8 ality Act (8 U.S.C. 1154(a)(1)(F)), as amended by this 

9 Act, is further amended— 

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

11 and 

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

13 ‘‘(ii)(I) The Secretary of Homeland Secu14 rity shall impose a fee on an employer (exclud15 ing any employer that is a primary or sec16 ondary education institution, an institution of 

17 higher education, a nonprofit entity related to 

18 or affiliated with any such institution, a non19 profit entity which engages in established cur20 riculum-related clinical training of students reg21 istered at any such institution, a nonprofit re22 search organization, or a governmental research 

23 organization) filing a petition under clause (i) 

24 to employ an alien entitled to classification 

25 under subparagraph (B) or (D) of section 


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1 203(b)(1), section 203(b)(2), clause (i) or (ii) of 

2 section 203(b)(3)(A), section 203(b)(5) or sec3 tion 203(b)(6). 

4 ‘‘(II) The amount of the fee shall be 

5 $2,000 for each such petition except that the 

6 fee shall be half the amount for each such peti7 tion by any employer with not more than 25 

8 full-time equivalent employees who are em9 ployed in the United States. 

10 ‘‘(III) Fees collected under this clause 

11 shall be deposited in the Treasury in accordance 

12 with section 286(s).’’. 

13 SEC. 202. U.S. STEM EDUCATION AND TRAINING ACCOUNT. 

14 Section 286(s) of the Immigration and Nationality 

15 Act (8 U.S.C. 1356(s)) is amended to read as follows: 

16 ‘‘(s) STEM EDUCATION AND TRAINING ACCOUNT.— 

17 ‘‘(1) IN GENERAL.—There is established in the 

18 general fund of the Treasury a separate account, 

19 which shall be known as the ‘STEM Education and 

20 Training Account’. Notwithstanding any other sec21 tion of this title, there shall be deposited as offset22 ting receipts into the account all fees collected under 

23 section 204(a)(1)(F)(ii) and paragraphs (9) and 

24 (11) of section 214(c). 


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1 ‘‘(2) LOW-INCOME STEM SCHOLARSHIP PRO2 GRAM.—60 percent of the amounts deposited into 

3 the STEM Education and Training Account shall 

4 remain available to the Director of the National 

5 Science Foundation until expended for scholarships 

6 described in section 414(d) of the American Com7 petitiveness and Workforce Improvement Act of 

8 1998 for low-income students enrolled in a program 

9 of study leading to a degree in science, technology, 

10 engineering, or mathematics. 

11 ‘‘(3) NATIONAL SCIENCE FOUNDATION COM12 PETITIVE GRANT PROGRAM FOR K–12 SCIENCE, 

13 TECHNOLOGY, ENGINEERING AND MATHEMATICS

14 EDUCATION.— 

15 ‘‘(A) IN GENERAL.—15 percent of the 

16 amounts deposited into the STEM Education 

17 and Training Account shall remain available to 

18 the Director of the National Science Founda19 tion until expended to carry out a direct or 

20 matching grant program to support improve21 ment in K–12 education, including through pri22 vate-public partnerships. 

23 ‘‘(B) TYPES OF PROGRAMS COVERED.— 

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1 opment and implementation of standards-based 

2 instructional materials models and related stu3 dent assessments that enable K–12 students to 

4 acquire an understanding of science, technology, 

5 engineering, and mathematics, as well as to de6 velop critical thinking skills; provide systemic 

7 improvement in training K–12 teachers and 

8 education for students in science, technology, 

9 engineering, and mathematics, including by 

10 supporting efforts to promote gender-equality 

11 among students receiving such instruction; sup12 port the professional development of K–12 

13 science, technology, engineering and mathe14 matics teachers in the use of technology in the 

15 classroom; stimulate system-wide K–12 reform 

16 of science, technology, engineering, and mathe17 matics in rural, economically disadvantaged re18 gions of the United States; provide externships 

19 and other opportunities for students to increase 

20 their appreciation and understanding of science, 

21 technology, engineering, and mathematics (in22 cluding summer institutes sponsored by an in23 stitution of higher education for students in 

24 grades 7–12 that provide instruction in such 

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1 cational institutions, and community organiza2 tions to address the educational needs of dis3 advantaged communities; provide college pre4 paratory support to expose and prepare stu5 dents for careers in science, technology, engi6 neering, and mathematics; and provide for car7 rying out systemic reform activities under sec8 tion 3(a)(1) of the National Science Foundation 

9 Act of 1950 (42 U.S.C. 1862(a)(1)). 

10 ‘‘(4) STEM CAPACITY BUILDING AT MINORITY11 SERVING INSTITUTIONS.— 

12 ‘‘(A) IN GENERAL.—12 percent of the 

13 amounts deposited into the STEM Education 

14 and Training Account shall remain available to 

15 the Director of the National Science Founda16 tion until expended to establish or expand pro17 grams to award grants on a competitive, merit18 reviewed basis to enhance the quality of under19 graduate science, technology, engineering, and 

20 mathematics education at minority-serving in21 stitutions of higher education and to increase 

22 the retention and graduation rates of students 

23 pursuing degrees in such fields at such institu24 tions. 


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1 ‘‘(B) TYPES OF PROGRAMS COVERED.— 

2 Grants awarded under this paragraph shall be 

3 awarded to— 

4 ‘‘(i) minority-serving institutions of 

5 higher education for— 

6 ‘‘(I) activities to improve courses 

7 and curriculum in science, technology, 

8 engineering, and mathematics; 

9 ‘‘(II) efforts to promote gender 

10 equality among students enrolled in 

11 such courses; 

12 ‘‘(III) faculty development; 

13 ‘‘(IV) stipends for undergraduate 

14 students participating in research; 

15 and 

16 ‘‘(V) other activities consistent 

17 with subparagraph (A), as determined 

18 by the Director; and 

19 ‘‘(ii) to other institutions of higher 

20 education to partner with the institutions 

21 described in clause (i) for— 

22 ‘‘(I) faculty and student develop23 ment and exchange; 

24 ‘‘(II) research infrastructure de25 velopment; 


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1 ‘‘(III) joint research projects; 

2 and 

3 ‘‘(IV) identification and develop4 ment of minority and low-income can5 didates for graduate studies in 

6 science, technology, engineering and 

7 mathematics degree programs. 

8 ‘‘(C) INSTITUTIONS INCLUDED.—In this 

9 paragraph, the term ‘minority-serving institu10 tions of higher education’ shall include— 

11 ‘‘(i) colleges eligible to receive funds 

12 under the Act of August 30, 1890 (7 

13 U.S.C. 321–326a and 328), including 

14 Tuskegee University; 

15 ‘‘(ii) 1994 Institutions, as defined in 

16 section 532 of the Equity in Educational 

17 Land-Grant Status Act of 1994 (7 U.S.C. 

18 301 note); and 

19 ‘‘(iii) Hispanic-serving institutions, as 

20 defined in section 502(a)(5) of the Higher 

21 Education Act of 1965 (20 U.S.C. 

22 1101a(a)(5)). 

23 ‘‘(5) STEM JOB TRAINING.—10 percent of 

24 amounts deposited into the STEM Education and 


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1 Training Account shall remain available to the Sec2 retary of Labor until expended for— 

3 ‘‘(A) demonstration programs and projects 

4 described in section 414(c) of the American 

5 Competitiveness and Workforce Improvement 

6 Act of 1998; and 

7 ‘‘(B) training programs in the fields of 

8 science, technology, engineering, and mathe9 matics for persons who have served honorably 

10 in the Armed Forces of the United States and 

11 have retired or are retiring from such service. 

12 ‘‘(6) USE OF FEES FOR DUTIES RELATING TO

13 PETITIONS.—1.5 percent of the amounts deposited 

14 into the STEM Education and Training Account 

15 shall remain available to the Secretary of Homeland 

16 Security until expended to carry out duties under 

17 paragraphs (1) (E) or (F) of section 204(a) (related 

18 to petitions for immigrants described in section 

19 203(b)) and under paragraphs (1) and (9) of section 

20 214(c) (related to petitions made for nonimmigrants 

21 described in section 101(a)(15)(H)(i)(b)). 

22 ‘‘(7) USE OF FEES FOR APPLICATION PROC23 ESSING AND ENFORCEMENT.—1.5 percent of the 

24 amounts deposited into the STEM Education and 

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1 retary of Labor until expended for decreasing the 

2 processing time for applications under section 

3 212(a)(5)(A) and section 212(n)(1).’’. 

4 TITLE III—REDUCING ADMINIS5 TRATIVE HURDLES TO FOS6 TER INNOVATION AND JOB 

7 CREATION 

8 SEC. 301. STREAMLINING LABOR CERTIFICATIONS. 

9 (a) IN GENERAL.—Section 212(a)(5)(A) of the Im10 migration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) 

11 is amended— 

12 (1) in clause (ii)— 

13 (A) in subclause (I), by striking ‘‘or’’; 

14 (B) in subclause (II), by striking the pe15 riod and inserting ‘‘, or’’; 

16 (C) by adding at the end the following new 

17 subclause: 

18 ‘‘(III) is the beneficiary of a 

19 labor certification application filed by 

20 an employer designated as an Estab21 lished U.S. Recruiter under clause 

22 (vii).’’; and 

23 (2) by adding at the end the following new 

24 clauses: 

25 ‘‘(v) PROCESSING STANDARDS.— 


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1 ‘‘(I) TIMEFRAMES.—The Sec2 retary of Labor shall adjudicate an 

3 application for certification under 

4 clause (i) not later than 120 days 

5 after the date on which the applica6 tion is filed. In the event that addi7 tional information or documentation is 

8 requested by the Secretary during 

9 such 120-day period, the Secretary 

10 shall adjudicate the application not 

11 later than 60 days after the date on 

12 which such information or documenta13 tion is received. 

14 ‘‘(II) NOTICE WITHIN 30 DAYS OF

15 DEFICIENCIES.—The employer shall 

16 be notified in writing within 30 days 

17 of the date of filing if the application 

18 does not meet the standards (other 

19 than that described in clause (i)(I)) 

20 for approval. If the application does 

21 not meet such standards, the notice 

22 shall include the reasons therefor and 

23 the Secretary shall provide an oppor24 tunity for the prompt resubmission of 

25 a modified application. 


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1 ‘‘(vi) FEES.— 

2 ‘‘(I) APPLICATION FEE.—In ad3 dition to any other fees authorized by 

4 law, the Secretary of Labor shall im5 pose a fee on an employer that sub6 mits an application for certification 

7 under clause (i). The amount of the 

8 fee shall be $295 for each such appli9 cation. 

10 ‘‘(II) PREMIUM PROCESSING.— 

11 The Secretary of Labor is authorized 

12 to establish and collect an optional 

13 premium fee for processing of applica14 tions for certification under clause (i). 

15 This fee shall be set at $1,000 and 

16 shall be paid in addition to the appli17 cation fee under subclause (I). For an 

18 application in which the premium 

19 processing fee is paid, the Secretary 

20 shall adjudicate the application not 

21 later than 30 days after the date on 

22 which the application is filed. In the 

23 event that additional information or 

24 documentation is requested by the 

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1 cation during the 30-day period, the 

2 Secretary shall adjudicate the applica3 tion not later than 30 days after the 

4 date on which such information or 

5 documentation is received. If the Sec6 retary does not comply with these 

7 timeframes, the Secretary shall refund 

8 the premium processing fee to the ap9 plicant. 

10 ‘‘(III) DEPOSIT OF FEES.—Fees 

11 collected under subclauses (I) and (II) 

12 shall be deposited in the Treasury in 

13 accordance with section 286(w). 

14 ‘‘(IV) PROHIBITION ON EM15 PLOYER ACCEPTING REIMBURSEMENT

16 OF FEE.—An employer subject to a 

17 fee under this clause shall not require 

18 or accept reimbursement of or other 

19 compensation for all or part of the 

20 cost of such fee, directly or indirectly, 

21 from the alien on whose behalf the ap22 plication is filed. 

23 ‘‘(vii) ESTABLISHED U.S. RECRUIT24 ERS.— 


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1 ‘‘(I) IN GENERAL.—The Sec2 retary of Labor shall establish a proc3 ess for employers to apply for des4 ignation as an Established U.S. Re5 cruiter. An employer seeking such 

6 designation must file an application 

7 with the Secretary stating the fol8 lowing: 

9 ‘‘(aa) At least 80 percent of 

10 the employer’s workforce in the 

11 United States are United States 

12 workers. 

13 ‘‘(bb) At least 80 percent of 

14 the employer’s new hires in the 

15 United States in the 5 years pre16 ceding the filing of the applica17 tion are United States workers. 

18 ‘‘(cc) The employer regularly 

19 posts employment opportunities 

20 on a publicly accessible Internet 

21 website and has engaged in at 

22 least 3 other forms of active re23 cruitment on an annual basis 

24 over the preceding 3 years. 


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1 ‘‘(dd) The employer will con2 tinue to engage in the recruit3 ment efforts described in item 

4 (cc) during the certification pe5 riod. 

6 For the purposes of this clause, the 

7 term ‘United States worker’ shall in8 clude an alien with a pending or ap9 proved petition under subparagraph 

10 (E) or (F) of section 204(a)(1). 

11 ‘‘(II) DESIGNATION.— 

12 ‘‘(aa) TIMELY ADJUDICA13 TIONS.—The Secretary of Labor 

14 shall adjudicate an application 

15 for designation under subclause 

16 (I) not later than 30 days after 

17 the date on which the application 

18 is filed. In the event that addi19 tional information or documenta20 tion is requested by the Sec21 retary, the Secretary shall adju22 dicate the application not later 

23 than 30 days after the receipt of 

24 such information or documenta25 tion. 


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1 ‘‘(bb) APPLICATION FEE.— 

2 In addition to any other fees au3 thorized by law, the Secretary of 

4 Labor may impose a fee on an 

5 employer that submits an appli6 cation for designation under sub7 clause (I). The amount of the fee 

8 shall be $500 for each such ap9 plication. Fees collected under 

10 this clause shall be deposited in 

11 the Treasury in accordance with 

12 section 286(w). 

13 ‘‘(cc) PERIOD OF DESIGNA14 TION.—Unless terminated under 

15 item (dd), a designation issued 

16 under this clause shall be valid 

17 for 3 years. 

18 ‘‘(dd) TERMINATION.—The 

19 Secretary of Labor may termi20 nate a designation under sub21 clause (I) if the Secretary deter22 mines that the employer— 

23 ‘‘(AA) did not fulfill the 

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1 clause at the time the cer2 tification was issued; or 

3 ‘‘(BB) failed to meet 

4 the requirements under sub5 clause (I)(ee) during the 

6 designation period described 

7 in item (cc). 

8 ‘‘(III) ACTIVE RECRUITMENT.— 

9 For the purposes of this clause ‘active 

10 recruitment’ means any of the fol11 lowing: 

12 ‘‘(aa) EMPLOYEE REFERRAL

13 PROGRAM.—The employer oper14 ates an employee referral pro15 gram that includes meaningful 

16 incentives for employees to refer 

17 workers for job openings. 

18 ‘‘(bb) IN-HOUSE RECRUIT19 ERS.—The employer retains an 

20 in-house recruiter on a full-time 

21 basis to recruit workers for job 

22 openings. 

23 ‘‘(cc) JOB FAIRS.—The em24 ployer recruits workers at job 

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1 paper advertisements in which 

2 the employer is named as a par3 ticipant in such fairs. 

4 ‘‘(dd) MILITARY RECRUIT5 ING.—The employer recruits 

6 workers during recruiting events 

7 that are organized by the Armed 

8 Forces of the United States. 

9 ‘‘(ee) ON-CAMPUS RECRUIT10 ING.—The employer recruits 

11 workers at institutions of higher 

12 education during recruiting 

13 events that are organized by such 

14 institutions. 

15 ‘‘(ff) PRIVATE EMPLOYMENT

16 FIRMS.—The employer regularly 

17 engages private employment 

18 firms or placement agencies to 

19 recruit workers for job openings. 

20 ‘‘(gg) TRADE OR PROFES21 SIONAL ORGANIZATIONS.—The 

22 employer regularly advertises 

23 with trade or professional organi24 zations to recruit workers for job 

25 openings.’’. 


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1 (b) ESTABLISHMENT OF ACCOUNT AND USE OF

2 FUNDS.—Section 286 of the Immigration and Nationality 

3 Act (8 U.S.C. 1356) is amended by adding at the end the 

4 following new subsection: 

5 ‘‘(w) LABOR CERTIFICATION APPLICATION FEE AC6 COUNT.— 

7 ‘‘(1) IN GENERAL.—There is established in the 

8 general fund of the Treasury a separate account, 

9 which shall be known as the ‘Labor Certification Ap10 plication Fee Account’. Notwithstanding any other 

11 section of this title, there shall be deposited as off12 setting receipts into the account all fees collected 

13 under section 212(a)(5)(A). 

14 ‘‘(2) USE OF FEES.—Amounts deposited into 

15 the Labor Certification Application Fee Account 

16 shall remain available to the Secretary of Labor 

17 until expended for carrying out labor certification 

18 activities under section 212(a)(5)(A) (including pro19 viding premium processing services) and to make in20 frastructure improvements in the adjudications and 

21 customer-service processes related to such activi22 ties.’’. 


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1 SEC. 302. STREAMLINING PETITIONS FOR ESTABLISHED 

2 EMPLOYERS. 

3 Section 214(c) of the Immigration and Nationality 

4 Act (8 U.S.C. 1184) is amended by adding at the end the 

5 following: 

6 ‘‘(15) The Secretary of Homeland Security shall es7 tablish a pre-certification procedure for employers who file 

8 multiple petitions described in this subsection or section 

9 203(b). Such precertification procedure shall enable an 

10 employer to avoid repeatedly submitting documentation 

11 that is common to multiple petitions and establish, 

12 through a single filing, criteria relating to the employer 

13 and the offered employment opportunity.’’. 

14 SEC. 303. PREMIUM PROCESSING. 

15 Section 286(u) of the Immigration and Nationality 

16 Act (8 U.S.C. 1356(u)) is amended— 

17 (1) by striking ‘‘is authorized to’’ and inserting 

18 ‘‘shall’’; and 

19 (2) at the end of the first sentence, by striking 

20 ‘‘applications.’’ and inserting ‘‘applications, includ21 ing an administrative appeal of any decision on an 

22 employment-based immigrant petition.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS