‘‘(I) faculty and student develop-
ment and exchange; 
‘‘(II) research infrastructure de-
velopment; 
‘‘(III) joint research projects; 
and 
‘‘(IV) identification and develop-
ment of minority and low-income can-
didates 
for 
graduate 
studies 
in 
science, technology, engineering and 
mathematics degree programs. 
‘‘(C) INSTITUTIONS
INCLUDED.—In this 
paragraph, the term ‘minority-serving institu-
tions 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 
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Education 
Act 
of 
1965 
(20 
U.S.C. 
1101a(a)(5)). 
‘‘(5) STEM JOB
TRAINING.—Ten percent of 
amounts deposited into the STEM Education and 
Training Account shall remain available to the Sec-
retary 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 mathe-
matics 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.—One and one-half percent of the 
amounts deposited into the STEM Education and 
Training Account shall remain available to the Sec-
retary of Homeland Security until expended to carry 
out duties under paragraphs (1) (E) or (F) of sec-
tion 204(a) (related to petitions for immigrants de-
scribed in section 203(b)) and under paragraphs (1) 
and (9) of section 214(c) (related to petitions made 
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for 
nonimmigrants 
described 
in 
section 
101(a)(15)(H)(i)(b)). 
‘‘(7) USE
OF
FEES
FOR
APPLICATION
PROC-
ESSING AND ENFORCEMENT.—One and one-half per-
cent of the amounts deposited into the STEM Edu-
cation and Training Account shall remain available 
to the Secretary of Labor until expended for de-
creasing the processing time for applications under 
section 212(a)(5)(A) and section 212(n)(1).’’. 
SEC. 203. ACCESS TO STUDENT VISAS FOR IMMIGRANT STU-
DENTS PRESENT IN THE UNITED STATES. 
Notwithstanding paragraphs (6)(A) and (7) of sec-
tion 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)), the Secretary of Homeland Security may 
adjust an alien’s status to that of a nonimmigrant student 
under section 101(a)(15)(F) of such Act (8 U.S.C. 
1101(a)(15)(F)) if the alien— 
(1) is a bona fide student enrolled in a full 
course of study at a United States institution of 
higher education; 
(2) was present in the United States on the 
date of the enactment of this Act and has been con-
tinuously present since that date; and 
(3) was 15 years of age or younger on the date 
the alien initially entered the United States. 
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TITLE III—REDUCING ADMINIS-
TRATIVE HURDLES TO FOS-
TER INNOVATION AND JOB 
CREATION 
SEC. 301. STREAMLINING LABOR CERTIFICATIONS. 
(a) IN GENERAL.—Section 212(a)(5)(A) of the Im-
migration 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 pe-
riod 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 Estab-
lished U.S. Recruiter under clause 
(vii).’’; and 
(2) by adding at the end the following new 
clauses: 
‘‘(v) PROCESSING STANDARDS.— 
‘‘(I) 
TIMEFRAMES.—The 
Sec-
retary of Labor shall adjudicate an 
application for certification under 
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clause (i) not later than 120 days 
after the date on which the applica-
tion is filed. In the event that addi-
tional 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 documenta-
tion 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 oppor-
tunity for the prompt resubmission of 
a modified application. 
‘‘(vi) FEES.— 
‘‘(I) APPLICATION FEE.—In ad-
dition to any other fees authorized by 
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law, the Secretary of Labor shall im-
pose a fee on an employer that sub-
mits an application for certification 
under clause (i). The amount of the 
fee shall be $295 for each such appli-
cation. 
‘‘(II) PREMIUM
PROCESSING.— 
The Secretary of Labor is authorized 
to establish and collect an optional 
premium fee for processing of applica-
tions for certification under clause (i). 
This fee shall be set at $1,000 and 
shall be paid in addition to the appli-
cation 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 appli-
cation during the 30-day period, the 
Secretary shall adjudicate the applica-
tion not later than 30 days after the 
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date on which such information or 
documentation is received. If the Sec-
retary does not comply with these 
timeframes, the Secretary shall refund 
the premium processing fee to the ap-
plicant. 
‘‘(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
EM-
PLOYER 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 ap-
plication is filed. 
‘‘(vii) ESTABLISHED
U.S. RECRUIT-
ERS.— 
‘‘(I) IN
GENERAL.—The Sec-
retary of Labor shall establish a proc-
ess for employers to apply for des-
ignation as an Established U.S. Re-
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cruiter. An employer seeking such 
designation must file an application 
with the Secretary stating the fol-
lowing: 
‘‘(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 pre-
ceding the filing of the applica-
tion are United States workers. 
‘‘(cc) The employer regularly 
posts employment opportunities 
on a publicly accessible Internet 
Web site and has engaged in at 
least 3 other forms of active re-
cruitment on an annual basis 
over the preceding 3 years. 
‘‘(dd) The employer will con-
tinue to engage in the recruit-
ment efforts described in item 
(cc) during the certification pe-
riod. 
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For the purposes of this clause, the 
term ‘United States worker’ shall in-
clude an alien with a pending or ap-
proved petition under subparagraph 
(E) or (F) of section 204(a)(1). 
‘‘(II) DESIGNATION.— 
‘‘(aa) 
TIMELY
ADJUDICA-
TIONS.—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 addi-
tional information or documenta-
tion is requested by the Sec-
retary, the Secretary shall adju-
dicate the application not later 
than 30 days after the receipt of 
such information or documenta-
tion. 
‘‘(bb) APPLICATION
FEE.— 
In addition to any other fees au-
thorized by law, the Secretary of 
Labor may impose a fee on an 
employer that submits an appli-
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cation for designation under sub-
clause (I). The amount of the fee 
shall be $500 for each such ap-
plication. Fees collected under 
this clause shall be deposited in 
the Treasury in accordance with 
section 286(w). 
‘‘(cc) PERIOD OF DESIGNA-
TION.—Unless terminated under 
item (dd), a designation issued 
under this clause shall be valid 
for 3 years. 
‘‘(dd) TERMINATION.—The 
Secretary of Labor may termi-
nate a designation under sub-
clause (I) if the Secretary deter-
mines that the employer— 
‘‘(AA) did not fulfill the 
requirements of such sub-
clause at the time the cer-
tification was issued; or 
‘‘(BB) failed to meet 
the requirements under sub-
clause (I)(ee) during the 
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designation period described 
in item (cc). 
‘‘(III) ACTIVE
RECRUITMENT.— 
For the purposes of this clause ‘active 
recruitment’ means any of the fol-
lowing: 
‘‘(aa) EMPLOYEE REFERRAL 
PROGRAM.—The employer oper-
ates an employee referral pro-
gram that includes meaningful 
incentives for employees to refer 
workers for job openings. 
‘‘(bb) IN-HOUSE
RECRUIT-
ERS.—The employer retains an 
in-house recruiter on a full-time 
basis to recruit workers for job 
openings. 
‘‘(cc) JOB FAIRS.—The em-
ployer recruits workers at job 
fairs that are advertised in news-
paper advertisements in which 
the employer is named as a par-
ticipant in such fairs. 
‘‘(dd) MILITARY
RECRUIT-
ING.—The 
employer 
recruits 
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workers during recruiting events 
that are organized by the Armed 
Forces of the United States. 
‘‘(ee) ON-CAMPUS RECRUIT-
ING.—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
PROFES-
SIONAL
ORGANIZATIONS.—The 
employer 
regularly 
advertises 
with trade or professional organi-
zations 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: 
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‘‘(w) LABOR CERTIFICATION APPLICATION FEE AC-
COUNT.— 
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account, 
which shall be known as the ‘Labor Certification Ap-
plication Fee Account’. Notwithstanding any other 
section of this title, there shall be deposited as off-
setting 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 pro-
viding premium processing services) and to make in-
frastructure improvements in the adjudications and 
customer-service processes related to such activi-
ties.’’. 
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 es-
tablish a pre-certification procedure for employers who file 
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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, includ-
ing an administrative appeal of any decision on an 
employment-based immigrant petition.’’. 
TITLE IV—PROTECTING 
AMERICAN WORKERS 
SEC. 401. STRENGTHENING THE PREVAILING WAGE SYS-
TEM TO PROTECT AMERICAN WORKERS. 
Section 212(p) of the Immigration and Nationality 
Act (8 U.S.C. 1182(p)) is amended to read as follows: 
‘‘(p) COMPUTATION OF PREVAILING WAGE LEVEL.— 
‘‘(1) The Secretary of Labor shall make avail-
able to employers a governmental survey to deter-
mine the prevailing wage for each occupational clas-
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sification by metropolitan statistical area in the 
United States. Such survey, or other survey ap-
proved by the Secretary of Labor, shall provide 3 
levels of wages commensurate with experience, edu-
cation, and level of supervision. Such wage levels 
shall be determined as follows: 
‘‘(A) The first level shall be the mean of 
the lowest two-thirds of wages surveyed, but in 
no case less than 80 percent of the mean of the 
wages surveyed. 
‘‘(B) The second level shall be the mean of 
wages surveyed. 
‘‘(C) The third level shall be the mean of 
the highest two-thirds of wages surveyed. 
‘‘(2) The prevailing wage level required to be 
paid pursuant to section 203(b)(1)(D) and sub-
sections 
(a)(5)(A), 
(n)(1)(A)(i)(II), 
and 
(t)(1)(A)(i)(II) of this section shall be 100 percent 
of the wage level determined pursuant to those sec-
tions. 
‘‘(3) In computing the prevailing wage level for 
an occupational classification in an area of employ-
ment for purposes of section 203(b)(1)(D) and sub-
sections 
(a)(5)(A), 
(n)(1)(A)(i)(II), 
and 
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(t)(1)(A)(i)(II) of this section in the case of an em-
ployee of— 
‘‘(A) an institution of higher education, or 
a related or affiliated nonprofit entity, or 
‘‘(B) a nonprofit research organization or 
a Governmental research organization, 
the prevailing wage level shall only take into account 
employees at such institutions and organizations in 
the area of employment. 
‘‘(4) With respect to a professional athlete (as 
defined in subsection (a)(5)(A)(iii)(II)) when the job 
opportunity is covered by professional sports league 
rules or regulations, the wage set forth in those 
rules or regulations shall be considered as not ad-
versely affecting the wages of United States workers 
similarly employed and be considered the prevailing 
wage.’’. 
SEC. 402. REFORMING THE H–1B VISA PROGRAM TO PRO-
TECT AMERICAN WORKERS. 
(a) STRENGTHENING WAGE PROTECTIONS.—Section 
214(g)(3) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)(3)) is amended— 
(1) by striking ‘‘Aliens who’’ and inserting ‘‘(A) 
Aliens who’’; and 
(2) by adding at the end the following: 
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‘‘(B) If, on any given date, the number of peti-
tions filed under subparagraph (A) exceeds the num-
ber of visas remaining under paragraph (1), the Sec-
retary shall consider such petitions in the following 
order: 
‘‘(i) petitions in which the offered wage 
level meets or exceeds the wage set by section 
212(p)(1)(C); 
‘‘(ii) petitions in which the offered wage 
level meets or exceeds the wage set by section 
212(p)(1)(B); and 
‘‘(iii) any remaining petitions.’’. 
(b) PROHIBITING DISPLACEMENT OF U.S. WORK-
ERS.— 
(1) PROHIBITING
DISPLACEMENT
BY
EM-
PLOYER.—Section 212(n)(1)(E) of the Immigration 
and Nationality Act (8 U.S.C. 1182(n)(1)(E)) is 
amended— 
(A) in clause (i) by striking ‘‘In the case 
of an application described in clause (ii), the’’ 
and inserting ‘‘The’’; and 
(B) by striking clause (ii). 
(2) PROHIBITING
DISPLACEMENT
BY
THIRD- 
PARTY EMPLOYER.—Section 212(n)(1)(F) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
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1182(n)(1)(F)) is amended by striking ‘‘In the case 
of an application described in subparagraph (E)(ii), 
the’’ and inserting ‘‘The’’. 
(3) 
DEFINITION
OF
DISPLACE.—Section 
212(n)(4)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(4)(B)) is amended by— 
(A) inserting ‘‘and skills’’ after ‘‘respon-
sibilities’’; and 
(B) inserting ‘‘working in the same divi-
sion, project or product line’’ after ‘‘experi-
ence’’. 
(c) 
STRENGTHENING
RECRUITMENT
REQUIRE-
MENTS.— 
(1) REQUIRING RECRUITMENT OF U.S. WORK-
ERS.— 
(A) IN GENERAL.—Section 212(n)(1)(G)(i) 
of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(1)(G)(i)) is amended by strik-
ing ‘‘In the case of an application described in 
subparagraph (E)(ii), subject to clause (ii)’’ and 
inserting ‘‘Subject to clauses (ii) and (iii)’’. 
(B) 
DEPENDENT
EMPLOYERS.—Section 
212(n)(1)(G)(ii) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(n)(1)(G)(ii)) is 
amended to read as follows: 
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‘‘(ii) The employer shall be required 
to comply with additional supervised re-
cruitment activities as specified by the Sec-
retary of the Labor if the employer— 
‘‘(I) employs 50 or more employ-
ees in the United States and less than 
50 percent of such employees are 
United States workers; and 
‘‘(II) is offering wages below the 
wage level set by subsection (p)(1)(B) 
(relating to the mean wage for the oc-
cupational classification in the area of 
employment). 
For 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).’’. 
(C) 
RECRUITMENT
REPORT.—Section 
212(n)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(1)) is amended, in the 
flush text following subparagraph (G), by strik-
ing ‘‘Nothing in subparagraph (G)’’ and insert-
ing ‘‘An employer required to recruit under sub-
paragraph (G) shall submit to the Secretary, 
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