BRAIN Act

To amend the Immigration and Nationality Act to provide for visas for certain advanced STEM graduates, and for other purposes. 1. Short title This Act may be cited as— (1) the Best Return on America’s Investment Now Act (2) the BRAIN Act 2. Immigrant visas for certain advanced STEM graduates (a) Preference allocation for employment-Based immigrants Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: (6) Aliens holding doctorate degrees from U.S. doctoral institutions of higher education in science, technology, engineering, or mathematics (A) In general Visas shall be made available, in a number not to exceed 10 percent of such worldwide level, to qualified immigrants who— (i) hold a doctorate degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education; and (ii) have taken all doctoral courses in a field of science, technology, engineering, or mathematics, including all courses taken by correspondence (including courses offered by telecommunications) or by distance education, while physically present in the United States. (B) Definitions For purposes of this paragraph: (i) The term distance education 20 U.S.C. 1003 (ii) The term field of science, technology, engineering, or mathematics (iii) The term United States doctoral institution of higher education (I) is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) 20 U.S.C. 1002(b) (II) was classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2012, as a doctorate-granting university with a very high or high level of research activity or classified by the National Science Foundation after the date of enactment of this paragraph, pursuant to an application by the institution, as having equivalent research activity to those institutions that had been classified by the Carnegie Foundation as being doctorate-granting universities with a very high or high level of research activity. . (b) Procedure for granting immigrant status Section 204(a)(1)(E) of such Act ( 8 U.S.C. 1154(a)(1)(E) (1) by striking (E) (E)(i) (2) by striking 203(b)(1)(A), 203(b)(1)(A) or 203(b)(6), (3) by striking Attorney General Secretary of Homeland Security (4) by adding at the end the following: (ii) The following processing standards shall apply with respect to petitions under clause (i) relating to alien beneficiaries qualifying under section 203(b)(6): (I) The Secretary of Homeland Security shall adjudicate such petitions not later than 60 days after the date on which the petition is filed. In the event that additional information or documentation is requested by the Secretary during such 60-day period, the Secretary shall adjudicate the petition not later than 30 days after the date on which such information or documentation is received. (II) The petitioner shall be notified in writing within 30 days of the date of filing if the petition does not meet the standards for approval. If the petition does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified petition. . (c) Skilled workers, professionals, and other workers Section 203(b)(3)(A) of such Act ( 8 U.S.C. 1153(b)(3)(A) 28.6 25.74 (d) GAO study Not later than June 30, 2018, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(iii)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(6)(B)(iii)(II) (e) Effective date The amendments made by this section shall take effect on October 1, 2016, and shall apply with respect to fiscal years beginning on or after such date. Nothing in the preceding sentence shall be construed to prohibit the Secretary of Homeland Security from accepting before such date petitions under section 204(a)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(E) 8 U.S.C. 1153(b)(6) 3. Numerical limitation to any single foreign state (a) In general Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) (1) by striking subsections (a) and (b) subsection (a), and paragraphs (3), (4), and (5) of subsection (b), (2) by striking such subsections such provisions (b) Rules for employment-Based immigrants Section 202(a)(5) of such Act ( 8 U.S.C. 1152(a)(5) (1) in subparagraph (A), by striking (1), (2), (3), (4), or (5) (3), (4), or (5) (2) in subparagraph (B)— (A) by inserting paragraphs (3), (4), and (5) of section 203(b) exceeds (B) by striking section 203(b) consistent such paragraphs consistent (c) Special rules for countries at ceiling Section 202(e) of such Act ( 8 U.S.C. 1152(e) (1) by striking subsections (a) and (b) subsection (a), and paragraphs (3), (4), and (5) of subsection (b), (2) by striking (1) through (5) (3), (4), and (5) (d) Effective date The amendments made by this section shall take effect on October 1, 2016, and shall apply with respect to fiscal years beginning on or after such date. 4. Permanent priority dates (a) In general Section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 (i) Permanent priority dates (1) In general Subject to subsection (h)(3) and paragraph (2), the priority date for any employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. (2) Subsequent employment-based petitions Subject to subsection (h)(3), an alien who is the beneficiary of any employment-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed employment-based petition (including self-petitions). . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2016, and shall apply to aliens who are a beneficiary of a classification petition pending on or after such date.

Summary: Best Return on America's Investment Now Act or the BRAIN Act This bill amends the Immigration and Nationality Act to make up to 10% of the worldwide employment-based immigration level available to qualified immigrants who: (1) hold a doctorate degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. doctoral institution of higher education; and (2) have taken all doctoral courses in a STEM field, including all courses taken by correspondence or by distance education, while physically present in the United States. The number of immigrant visas available to skilled workers, professionals, and other workers is reduced. The computation of the total number of immigrant visas that may be made available to natives of any single foreign state or dependent area in a fiscal year is revised. The permanent priority date for any employment-based petition shall be the date on which the petition is filed with Department of Homeland Security (or the Department of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Department of Labor, in which case that date shall constitute the priority date. An alien who is the beneficiary of an employment-based petition that was approvable when filed shall retain that petition's priority date in the consideration of any subsequently filed employment-based petition.