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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3146 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Innovation and Education 
Act of 2011''.

     TITLE I--ATTRACTING AND RETAINING INNOVATORS AND JOB CREATORS

SEC. 101. U.S. GRADUATES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND 
              MATHEMATICS.

    (a) Advanced STEM Graduates.--Section 203(b)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``(A) through (C)'' and inserting ``(A) through (D)''; and
            (2) by adding at the end the following:
                    ``(D) Advanced graduates in science, technology, 
                engineering and mathematics.--An alien is described in 
                this subparagraph if--
                            ``(i) the alien possesses a graduate degree 
                        at the level of master's or higher in a field 
                        of science, technology, engineering, or 
                        mathematics from a United States institution of 
                        higher education that has been designated by 
                        the Director of the National Science Foundation 
                        as a research institution or as otherwise 
                        excelling at instruction in such fields;
                            ``(ii) the alien has an offer of employment 
                        from a United States employer in a field 
                        related to such degree; and
                            ``(iii) the employer is offering and will 
                        offer wages that are at least--
                                    ``(I) the actual wage level paid by 
                                the employer to all other individuals 
                                with similar experience and 
                                qualifications in the same occupational 
                                classification; or
                                    ``(II) the prevailing wage level 
                                for the occupational classification in 
                                the area of employment;
                        whichever is greater, based on the best 
                        information available as of the time of filing 
                        the petition.''.
    (b) Cap Exemption.--Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end 
the following:
            ``(F) Aliens described in paragraph (1)(B) or (1)(D) of 
        section 203(b).''.
    (c) Removing Visa Hurdles for Students.--
            (1) Providing dual intent.--
                    (A) In general.--Section 101(a)(15)(F)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(F)(i)) is amended by striking ``an alien 
                having a residence in a foreign country which he has no 
                intention of abandoning, who is a bona fide student 
                qualified to pursue a full course of study and who'' 
                and inserting ``an alien who is a bona fide student 
                qualified to pursue a full course of study, who (except 
                for a student qualified to pursue a full course of 
                study at an institution of higher education) has a 
                residence in a foreign country which the alien has no 
                intention of abandoning, and who''.
                    (B) Conforming amendments.--
                            (i) Section 214(b) of the Immigration and 
                        Nationality Act (8 U.S.C. 1184(b)) is amended 
                        by striking ``(other than a nonimmigrant'' and 
                        inserting ``(other than a nonimmigrant 
                        described in section 101(a)(15)(F) if the alien 
                        is qualified to pursue a full course of study 
                        at an institution of higher education, other 
                        than a nonimmigrant''.
                            (ii) Section 214(h) of the Immigration and 
                        Nationality Act (8 U.S.C. 1184(h)) is amended 
                        by inserting ``(F) (if the alien is qualified 
                        to pursue a full course of study at an 
                        institution of higher education),'' before 
                        ``H(i)(b)''.
            (2) Definitions.--Section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the 
        end the following:
            ``(52) The term `institution of higher education' has the 
        meaning given such term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).
            ``(53) The term `employer' shall include any group treated 
        as a single employer under subsection (b), (c), (m), or (o) of 
        section 414 of the Internal Revenue Code of 1986.''.
    (d) Conforming Amendments.--Section 204(a)(1)(F) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is amended--
            (1) by inserting ``203(b)(1)(D),'' after ``203(b)(1)(C),''; 
        and
            (2) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security''.

SEC. 102. ELIMINATING GREEN CARD BACKLOGS.

    (a) Per Country Levels.--Section 202(a) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``, (4), and (5)'' and inserting 
                ``and (4)'';
                    (B) by striking ``subsections (a) and (b) of 
                section 203'' and inserting ``section 203(a)'';
                    (C) by striking ``7 percent (in the case of a 
                single foreign state) or 2 percent'' and inserting ``15 
                percent (in the case of a single foreign state) or 5 
                percent''; and
                    (D) by striking ``such subsections'' and inserting 
                ``such section''; and
            (2) by striking paragraph (5).
    (b) Country-Specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
            (1) in subsection (a), by striking ``subsection (e)'' and 
        inserting ``subsection (d)'';
            (2) by striking subsection (d); and
            (3) by redesignating subsection (e) as subsection (d).

   TITLE II--INVESTING IN THE NEXT GENERATION OF INNOVATORS AND JOB 
                                CREATORS

SEC. 201. INVESTING IN STEM EDUCATION FOR U.S. STUDENTS.

    Section 204(a)(1)(F) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(F)), as amended by this Act, is further amended--
            (1) by striking ``(F)'' and inserting ``(F)(i)''; and
            (2) by adding at the end the following:
                    ``(ii)(I) The Secretary of Homeland Security shall 
                impose a fee on an employer (excluding any employer 
                that is a primary or secondary education institution, 
                an institution of higher education, a nonprofit entity 
                related to or affiliated with any such institution, a 
                nonprofit entity which engages in established 
                curriculum-related clinical training of students 
                registered at any such institution, a nonprofit 
                research organization, or a governmental research 
                organization) filing a petition under clause (i) to 
                employ an alien entitled to classification under 
                subparagraph (B) or (D) of section 203(b)(1), section 
                203(b)(2), clause (i) or (ii) of section 203(b)(3)(A), 
                section 203(b)(5) or section 203(b)(6).
                    ``(II) The amount of the fee shall be $2,000 for 
                each such petition except that the fee shall be half 
                the amount for each such petition by any employer with 
                not more than 25 full-time equivalent employees who are 
                employed in the United States.
                    ``(III) Fees collected under this clause shall be 
                deposited in the Treasury in accordance with section 
                286(s).''.

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

    Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 
1356(s)) is amended to read as follows:
    ``(s) STEM Education and Training Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `STEM Education and Training Account'. Notwithstanding any 
        other section of this title, there shall be deposited as 
        offsetting receipts into the account all fees collected under 
        section 204(a)(1)(F)(ii) and paragraphs (9) and (11) of section 
        214(c).
            ``(2) Low-income stem scholarship program.--60 percent of 
        the amounts deposited into the STEM Education and Training 
        Account shall remain available to the Director of the National 
        Science Foundation until expended for scholarships described in 
        section 414(d) of the American Competitiveness and Workforce 
        Improvement Act of 1998 for low-income students enrolled in a 
        program of study leading to a degree in science, technology, 
        engineering, or mathematics.
            ``(3) National science foundation competitive grant program 
        for k-12 science, technology, engineering and mathematics 
        education.--
                    ``(A) In general.--15 percent of the amounts 
                deposited into the STEM Education and Training Account 
                shall remain available to the Director of the National 
                Science Foundation until expended to carry out a direct 
                or matching grant program to support improvement in K-
                12 education, including through private-public 
                partnerships.
                    ``(B) Types of programs covered.--The Director 
                shall award grants to such programs, including those 
                which support the development and implementation of 
                standards-based instructional materials models and 
                related student assessments that enable K-12 students 
                to acquire an understanding of science, technology, 
                engineering, and mathematics, as well as to develop 
                critical thinking skills; provide systemic improvement 
                in training K-12 teachers and education for students in 
                science, technology, engineering, and mathematics, 
                including by supporting efforts to promote gender-
                equality among students receiving such instruction; 
                support the professional development of K-12 science, 
                technology, engineering and mathematics teachers in the 
                use of technology in the classroom; stimulate system-
                wide K-12 reform of science, technology, engineering, 
                and mathematics in rural, economically disadvantaged 
                regions of the United States; provide externships and 
                other opportunities for students to increase their 
                appreciation and understanding of science, technology, 
                engineering, and mathematics (including summer 
                institutes sponsored by an institution of higher 
                education for students in grades 7-12 that provide 
                instruction in such fields); involve partnerships of 
                industry, educational institutions, and community 
                organizations to address the educational needs of 
                disadvantaged communities; provide college preparatory 
                support to expose and prepare students for careers in 
                science, technology, engineering, and mathematics; and 
                provide for carrying out systemic reform activities 
                under section 3(a)(1) of the National Science 
                Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).
            ``(4) STEM capacity building at minority-serving 
        institutions.--
                    ``(A) In general.--12 percent of the amounts 
                deposited into the STEM Education and Training Account 
                shall remain available to the Director of the National 
                Science Foundation until expended to establish or 
                expand programs to award grants on a competitive, 
                merit-reviewed basis to enhance the quality of 
                undergraduate science, technology, engineering, and 
                mathematics education at minority-serving institutions 
                of higher education and to increase the retention and 
                graduation rates of students pursuing degrees in such 
                fields at such institutions.
                    ``(B) Types of programs covered.--Grants awarded 
                under this paragraph shall be awarded to--
                            ``(i) minority-serving institutions of 
                        higher education for--
                                    ``(I) activities to improve courses 
                                and curriculum in science, technology, 
                                engineering, and mathematics;
                                    ``(II) efforts to promote gender 
                                equality among students enrolled in 
                                such courses;
                                    ``(III) faculty development;
                                    ``(IV) stipends for undergraduate 
                                students participating in research; and
                                    ``(V) other activities consistent 
                                with subparagraph (A), as determined by 
                                the Director; and
                            ``(ii) to other institutions of higher 
                        education to partner with the institutions 
                        described in clause (i) for--
                                    ``(I) faculty and student 
                                development and exchange;
                                    ``(II) research infrastructure 
                                development;
                                    ``(III) joint research projects; 
                                and
                                    ``(IV) identification and 
                                development of minority and low-income 
                                candidates for graduate studies in 
                                science, technology, engineering and 
                                mathematics degree programs.
                    ``(C) Institutions included.--In this paragraph, 
                the term `minority-serving institutions of higher 
                education' shall include--
                            ``(i) colleges eligible to receive funds 
                        under the Act of August 30, 1890 (7 U.S.C. 321-
                        326a and 328), including Tuskegee University;
                            ``(ii) 1994 Institutions, as defined in 
                        section 532 of the Equity in Educational Land-
                        Grant Status Act of 1994 (7 U.S.C. 301 note); 
                        and
                            ``(iii) Hispanic-serving institutions, as 
                        defined in section 502(a)(5) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
            ``(5) STEM job training.--10 percent of amounts deposited 
        into the STEM Education and Training Account shall remain 
        available to the Secretary of Labor until expended for--
                    ``(A) demonstration programs and projects described 
                in section 414(c) of the American Competitiveness and 
                Workforce Improvement Act of 1998; and
                    ``(B) training programs in the fields of science, 
                technology, engineering, and mathematics for persons 
                who have served honorably in the Armed Forces of the 
                United States and have retired or are retiring from 
                such service.
            ``(6) Use of fees for duties relating to petitions.--1.5 
        percent of the amounts deposited into the STEM Education and 
        Training Account shall remain available to the Secretary of 
        Homeland Security until expended to carry out duties under 
        paragraphs (1) (E) or (F) of section 204(a) (related to 
        petitions for immigrants described in section 203(b)) and under 
        paragraphs (1) and (9) of section 214(c) (related to petitions 
        made for nonimmigrants described in section 
        101(a)(15)(H)(i)(b)).
            ``(7) Use of fees for application processing and 
        enforcement.--1.5 percent of the amounts deposited into the 
        STEM Education and Training Account shall remain available to 
        the Secretary of Labor until expended for decreasing the 
        processing time for applications under section 212(a)(5)(A) and 
        section 212(n)(1).''.

TITLE III--REDUCING ADMINISTRATIVE HURDLES TO FOSTER INNOVATION AND JOB 
                                CREATION

SEC. 301. STREAMLINING LABOR CERTIFICATIONS.

    (a) In General.--Section 212(a)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended--
            (1) in clause (ii)--
                    (A) in subclause (I), by striking ``or'';
                    (B) in subclause (II), by striking the period and 
                inserting ``, or'';
                    (C) by adding at the end the following new 
                subclause:
                                    ``(III) is the beneficiary of a 
                                labor certification application filed 
                                by an employer designated as an 
                                Established U.S. Recruiter under clause 
                                (vii).''; and
            (2) by adding at the end the following new clauses:
                            ``(v) Processing standards.--
                                    ``(I) Timeframes.--The Secretary of 
                                Labor shall adjudicate an application 
                                for certification under clause (i) not 
                                later than 120 days after the date on 
                                which the application is filed. In the 
                                event that additional information or 
                                documentation is requested by the 
                                Secretary during such 120-day period, 
                                the Secretary shall adjudicate the 
                                application not later than 60 days 
                                after the date on which such 
                                information or documentation is 
                                received.
                                    ``(II) Notice within 30 days of 
                                deficiencies.--The employer shall be 
                                notified in writing within 30 days of 
                                the date of filing if the application 
                                does not meet the standards (other than 
                                that described in clause (i)(I)) for 
                                approval. If the application does not 
                                meet such standards, the notice shall 
                                include the reasons therefor and the 
                                Secretary shall provide an opportunity 
                                for the prompt resubmission of a 
                                modified application.
                            ``(vi) Fees.--
                                    ``(I) Application fee.--In addition 
                                to any other fees authorized by law, 
                                the Secretary of Labor shall impose a 
                                fee on an employer that submits an 
                                application for certification under 
                                clause (i). The amount of the fee shall 
                                be $295 for each such application.
                                    ``(II) Premium processing.--The 
                                Secretary of Labor is authorized to 
                                establish and collect an optional 
                                premium fee for processing of 
                                applications for certification under 
                                clause (i). This fee shall be set at 
                                $1,000 and shall be paid in addition to 
                                the application fee under subclause 
                                (I). For an application in which the 
                                premium processing fee is paid, the 
                                Secretary shall adjudicate the 
                                application not later than 30 days 
                                after the date on which the application 
                                is filed. In the event that additional 
                                information or documentation is 
                                requested by the Secretary with respect 
                                to such application during the 30-day 
                                period, the Secretary shall adjudicate 
                                the application not later than 30 days 
                                after the date on which such 
                                information or documentation is 
                                received. If the Secretary does not 
                                comply with these timeframes, the 
                                Secretary shall refund the premium 
                                processing fee to the applicant.
                                    ``(III) Deposit of fees.--Fees 
                                collected under subclauses (I) and (II) 
                                shall be deposited in the Treasury in 
                                accordance with section 286(w).
                                    ``(IV) Prohibition on employer 
                                accepting reimbursement of fee.--An 
                                employer subject to a fee under this 
                                clause shall not require or accept 
                                reimbursement of or other compensation 
                                for all or part of the cost of such 
                                fee, directly or indirectly, from the 
                                alien on whose behalf the application 
                                is filed.
                            ``(vii) Established u.s. recruiters.--
                                    ``(I) In general.--The Secretary of 
                                Labor shall establish a process for 
                                employers to apply for designation as 
                                an Established U.S. Recruiter. An 
                                employer seeking such designation must 
                                file an application with the Secretary 
                                stating the following:
                                            ``(aa) At least 80 percent 
                                        of the employer's workforce in 
                                        the United States are United 
                                        States workers.
                                            ``(bb) At least 80 percent 
                                        of the employer's new hires in 
                                        the United States in the 5 
                                        years preceding the filing of 
                                        the application are United 
                                        States workers.
                                            ``(cc) The employer 
                                        regularly posts employment 
                                        opportunities on a publicly 
                                        accessible Internet website and 
                                        has engaged in at least 3 other 
                                        forms of active recruitment on 
                                        an annual basis over the 
                                        preceding 3 years.
                                            ``(dd) The employer will 
                                        continue to engage in the 
                                        recruitment efforts described 
                                        in item (cc) during the 
                                        certification period.
                                For the purposes of this clause, the 
                                term `United States worker' shall 
                                include an alien with a pending or 
                                approved petition under subparagraph 
                                (E) or (F) of section 204(a)(1).
                                    ``(II) Designation.--
                                            ``(aa) Timely 
                                        adjudications.--The Secretary 
                                        of Labor shall adjudicate an 
                                        application for designation 
                                        under subclause (I) not later 
                                        than 30 days after the date on 
                                        which the application is filed. 
                                        In the event that additional 
                                        information or documentation is 
                                        requested by the Secretary, the 
                                        Secretary shall adjudicate the 
                                        application not later than 30 
                                        days after the receipt of such 
                                        information or documentation.
                                            ``(bb) Application fee.--In 
                                        addition to any other fees 
                                        authorized by law, the 
                                        Secretary of Labor may impose a 
                                        fee on an employer that submits 
                                        an application for designation 
                                        under subclause (I). The amount 
                                        of the fee shall be $500 for 
                                        each such application. Fees 
                                        collected under this clause 
                                        shall be deposited in the 
                                        Treasury in accordance with 
                                        section 286(w).
                                            ``(cc) Period of 
                                        designation.--Unless terminated 
                                        under item (dd), a designation 
                                        issued under this clause shall 
                                        be valid for 3 years.
                                            ``(dd) Termination.--The 
                                        Secretary of Labor may 
                                        terminate a designation under 
                                        subclause (I) if the Secretary 
                                        determines that the employer--

                                                    ``(AA) did not 
                                                fulfill the 
                                                requirements of such 
                                                subclause at the time 
                                                the certification was 
                                                issued; or

                                                    ``(BB) failed to 
                                                meet the requirements 
                                                under subclause (I)(ee) 
                                                during the designation 
                                                period described in 
                                                item (cc).

                                    ``(III) Active recruitment.--For 
                                the purposes of this clause `active 
                                recruitment' means any of the 
                                following:
                                            ``(aa) Employee referral 
                                        program.--The employer operates 
                                        an employee referral program 
                                        that includes meaningful 
                                        incentives for employees to 
                                        refer workers for job openings.
                                            ``(bb) In-house 
                                        recruiters.--The employer 
                                        retains an in-house recruiter 
                                        on a full-time basis to recruit 
                                        workers for job openings.
                                            ``(cc) Job fairs.--The 
                                        employer recruits workers at 
                                        job fairs that are advertised 
                                        in newspaper advertisements in 
                                        which the employer is named as 
                                        a participant in such fairs.
                                            ``(dd) Military 
                                        recruiting.--The employer 
                                        recruits workers during 
                                        recruiting events that are 
                                        organized by the Armed Forces 
                                        of the United States.
                                            ``(ee) On-campus 
                                        recruiting.--The employer 
                                        recruits workers at 
                                        institutions of higher 
                                        education during recruiting 
                                        events that are organized by 
                                        such institutions.
                                            ``(ff) Private employment 
                                        firms.--The employer regularly 
                                        engages private employment 
                                        firms or placement agencies to 
                                        recruit workers for job 
                                        openings.
                                            ``(gg) Trade or 
                                        professional organizations.--
                                        The employer regularly 
                                        advertises with trade or 
                                        professional organizations to 
                                        recruit workers for job 
                                        openings.''.
    (b) Establishment of Account and Use of Funds.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at 
the end the following new subsection:
    ``(w) Labor Certification Application Fee Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Labor Certification Application Fee Account'. Notwithstanding 
        any other section of this title, there shall be deposited as 
        offsetting receipts into the account all fees collected under 
        section 212(a)(5)(A).
            ``(2) Use of fees.--Amounts deposited into the Labor 
        Certification Application Fee Account shall remain available to 
        the Secretary of Labor until expended for carrying out labor 
        certification activities under section 212(a)(5)(A) (including 
        providing premium processing services) and to make 
        infrastructure improvements in the adjudications and customer-
        service processes related to such activities.''.

SEC. 302. STREAMLINING PETITIONS FOR ESTABLISHED EMPLOYERS.

    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 
1184) is amended by adding at the end the following:
    ``(15) The Secretary of Homeland Security shall establish a pre-
certification procedure for employers who file multiple petitions 
described in this subsection or section 203(b). Such precertification 
procedure shall enable an employer to avoid repeatedly submitting 
documentation that is common to multiple petitions and establish, 
through a single filing, criteria relating to the employer and the 
offered employment opportunity.''.

SEC. 303. PREMIUM PROCESSING.

    Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 
1356(u)) is amended--
            (1) by striking ``is authorized to'' and inserting 
        ``shall''; and
            (2) at the end of the first sentence, by striking 
        ``applications.'' and inserting ``applications, including an 
        administrative appeal of any decision on an employment-based 
        immigrant petition.''.
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