I
106TH CONGRESS
1ST SESSION
H. R. 2687
To amend the Immigration and Nationality Act to establish a 5-year pilot
program under which certain aliens completing a postsecondary degree
in mathematics, science, engineering, or computer science are permitted
to change nonimmigrant classification in order to remain in the United
States for a 5-year period for the purpose of working in one of those
fields.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1999
Ms. LOFGREN (for herself, Mr. CONYERS, Mr. DOOLEY of California, Ms.
ESHOO, Ms. PELOSI, Ms. SANCHEZ, Mrs. TAUSCHER, Ms. WOOLSEY, Mr.
MATSUI, Mr. THOMPSON of California, Ms. JACKSON-LEE of Texas, Mr.
BERMAN, Mr. MEEHAN, and Mr. KIND) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to establish
a 5-year pilot program under which certain aliens com-
pleting a postsecondary degree in mathematics, science,
engineering, or computer science are permitted to change
nonimmigrant classification in order to remain in the
United States for a 5-year period for the purpose of
working in one of those fields.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bringing Resources
from Academia to the Industry of Our Nation Act’’ or the
‘‘BRAIN Act’’.
SEC. 2. PILOT PROGRAM AUTHORIZING CHANGE IN NON-
IMMIGRANT 
STATUS 
FOR 
EMPLOYMENT-
BASED NONIMMIGRANTS WITH DEGREES IN
MATHEMATICS, SCIENCE, ENGINEERING, OR
COMPUTER SCIENCE.
(a) ESTABLISHMENT
OF
NONIMMIGRANT
CAT-
EGORY.—Section 101(a)(15) of the Immigration and Na-
tionality Act (8 U.S.C. 101(a)(15)) is amended—
(1) in subparagraph (R), by striking ‘‘or’’ at
the end;
(2) in subparagraph (S), by striking the comma
at the end and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (S) the fol-
lowing:
‘‘(T) subject to section 214(n), an alien who is
authorized to change nonimmigrant classification
and remain temporarily in the United States to per-
form services (other than services described in sub-
clause (a) of subparagraph (H)(i) during the period
in which such subclause applies, services described in
subclause (ii)(a) of subparagraph (H), or services
described in subparagraph (O) or (P)) in a special
technical occupation described in section 214(n)(2),
who meets the requirements for the occupation spec-
ified in section 214(n)(3);’’.
(b) 
REQUIREMENTS
FOR
CHANGE
OF
NON-
IMMIGRANT CLASSIFICATION; ENFORCEMENT
OF EM-
PLOYER OBLIGATIONS.—Section 214 of the Immigration
and Nationality Act (8 U.S.C. 1184) is amended—
(1) by redesignating the subsection (l) added by
section 625(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public
Law 104–208; 110 Stat. 3009–1820) as subsection
(m); and
(2) by adding at the end the following:
‘‘(n)(1) Notwithstanding section 248 or 212(e), or
any other provision of this Act, the Attorney General may,
under such conditions as the Attorney General may pre-
scribe consistent with this subsection and subsection
(c)(10)(A), authorize a change from a nonimmigrant clas-
sification under subparagraph (F) or (J) of section
101(a)(15) to a nonimmigrant classification under section
101(a)(15)(T) in the case of any alien lawfully admitted
to the United States as a nonimmigrant who is continuing
to maintain that status and who is not inadmissible under
section 212(a)(9)(B)(i) (or whose inadmissibility under
such section is waived under section 212(a)(9)(B)(v)).
‘‘(2) For purposes of section 101(a)(15)(T) and para-
graph (3), the term ‘special technical occupation’ means
an occupation in a high-technology field—
‘‘(A) that uses the knowledge, skills, and abili-
ties possessed by persons attaining a bachelor’s or
higher degree with a major in mathematics, science,
engineering, or computer science, and requires such
knowledge, skills, and abilities as a minimum for
entry into the occupation in the United States; and
‘‘(B) with respect to which the annual total
compensation (including the value of all wages, sal-
ary, bonuses, stock, stock options, and any other
similar form of remuneration) equals or exceeds
$60,000.
‘‘(3) For purposes of section 101(a)(15)(T), the re-
quirements of this paragraph, with respect to a special
technical occupation, are—
‘‘(A) full State licensure to practice in the occu-
pation, if such licensure is required to practice in the
occupation;
‘‘(B) not earlier than 90 days prior to initially
obtaining nonimmigrant status under such section,
having been graduated, with a degree described in
paragraph (2)(A) for the occupation, from an insti-
tution of higher education (as defined in section
102(a) of the Higher Education Act of 1965 (20
U.S.C. 1002(a)) inside the United States whose stu-
dents receive loans under part B or D of title IV of
such Act (20 U.S.C. 1070 et seq.; 20 U.S.C. 1087a
et seq.); and
‘‘(C) obtaining a contractual obligation on the
part of the employer filing the petition on behalf of
the alien under section 214(c)(10)(A) to pay the
alien in accordance with paragraph (2)(B) at all
times during the period of intended employment in
the United States specified in the petition.
‘‘(4) In the case of a nonimmigrant described in sec-
tion 101(a)(15)(T), the period of authorized stay in the
United States as such a nonimmigrant may not exceed 5
years.
‘‘(5) An employer who has filed a petition under sub-
section (c)(10)(A) with respect to an employee having non-
immigrant status under section 101(a)(15)(T) annually
shall submit to the Attorney General a copy of the most
recent statement under section 6051 of the Internal Rev-
enue Code of 1986 for the employee. Based on information
in any such statement, the Attorney General may initiate
an investigation described in paragraph (7)(A) concerning
a possible failure, misrepresentation, or violation, without
period not to exceed the maximum period of stay author-
ized for such nonimmigrant classification.
‘‘(7)(A) The Attorney General shall establish a proc-
ess for the receipt, investigation, and disposition of com-
plaints respecting a petitioner’s failure to meet a condition
specified in a petition under subsection (c)(10)(A), a peti-
tioner’s misrepresentation of material facts in such a peti-
tion, or a violation of paragraph (6)(A). Complaints may
be filed by any aggrieved person or organization (including
bargaining representatives). No investigation or hearing
shall be conducted on a complaint concerning such a fail-
ure, misrepresentation, or violation unless the complaint
was filed not later than 12 months after the date of the
failure, misrepresentation, or violation, respectively. The
Attorney General shall conduct an investigation under this
subparagraph if there is reasonable cause to believe that
such a failure, misrepresentation, or violation has oc-
curred.
‘‘(B) Under such process, the Attorney General shall
provide, within 30 days after the date such a complaint
is filed, for a determination as to whether or not a reason-
able basis exists to make a finding described in subpara-
graph (C). If the Attorney General determines that such
a reasonable basis exists, the Attorney General shall pro-
vide for notice of such determination to the interested par-
ties and an opportunity for a hearing on the complaint,
in accordance with section 556 of title 5, United States
Code, within 60 days after the date of the determination.
If such a hearing is requested, the Attorney General shall
make a finding concerning the matter by not later than
60 days after the date of the hearing. In the case of simi-
lar complaints respecting the same petitioner, the Sec-
retary may consolidate the hearings under this subpara-
graph on such complaints.
‘‘(C) If the Attorney General finds, after notice and
opportunity for a hearing, a failure to meet a condition
specified in a petition under subsection (c)(10)(A), a peti-
tioner’s misrepresentation of material facts in such a peti-
tion, or a violation of paragraph (6)(A), the Attorney
General—
‘‘(i) shall revoke the status under section
101(a)(15)(T) of any alien having such status em-
ployed by the petitioner, beginning 90 days after the
date the finding is made, unless the alien has ob-
tained from the Attorney authorization to change
employers during the 90-day period;
‘‘(ii) may not approve any other petition filed
by the petitioner under subsection (c)(10)(A); and
‘‘(iii) may impose such other administrative
remedies (including civil monetary penalties in an
amount not to exceed $10,000 per violation) as the
Attorney General determines to be appropriate.
‘‘(D) Notwithstanding any other provision of law,
civil money penalties collected under this paragraph shall
be deposited in the Treasury in accordance with section
286(t).
‘‘(8)(A) The Attorney General shall submit every 6
months to the Committees on the Judiciary of the House
of Representatives and of the Senate a report describing,
with respect to petitions under section 101(a)(15)(T) for
the previous 6-month period, the number aliens granted
nonimmigrant status pursuant to such petitions. Such
data shall be reported on a monthly basis for each month
in the reporting period.
‘‘(B) The Attorney General shall submit annually to
the Committees on the Judiciary of the House of Rep-
resentatives and of the Senate a report describing, with
respect to each workers included in such approved peti-
tions under section 101(a)(15)(T) for the previous fiscal
year, the following:
‘‘(i) Occupation.
‘‘(ii) Employer.
‘‘(iii) Annual total compensation.
‘‘(iv) Highest degree completed at an institution
of higher education described in paragraph (2)(B).
‘‘(v) Name of such institution.
‘‘(vi) Concentration or major with respect to
such degree.’’.
(c) COLLECTION AND USE OF FEES.—
(1) IMPOSITION OF FEE.—Section 214(c) of the
Immigration and Nationality Act (8 U.S.C. 1184(c))
is amended by adding at the end the following:
‘‘(10)(A) The question of providing any alien status
as a nonimmigrant under section 101(a)(15)(T) in any
specific case or specific cases shall be determined by the
Attorney General upon petition of the employer seeking
to employ the alien. Such petition shall be made and ap-
proved before the status is granted, and, in the case of
a petition described in subparagraph (B)(i), the petition
shall be made and approved before the alien obtains the
degree described in subsection (n)(3)(B). The petition
shall be in such form and contain such information as the
Attorney General shall prescribe, consistent with sub-
section (n), and shall specify a period of intended employ-
ment. The approval of such a petition shall not, of itself,
be construed as establishing that the alien is a non-
immigrant with such status.
‘‘(B) The Attorney General shall impose a fee on an
employer filing a petition under subparagraph (A)—
‘‘(i) initially to grant an alien nonimmigrant
status described in section 101(a)(15)(T);
‘‘(ii) to extend the stay of an alien having such
status (unless the employer previously has obtained
an extension for such alien); or
‘‘(iii) to obtain authorization for an alien having
such status to change employers.
‘‘(C) The amount of the fee shall be $500 for each
petition filed under clause (ii) or (iii) of subparagraph (B)
and $1,000 for each petition filed under subparagraph
(B)(i).
‘‘(D) Fees collected under this paragraph shall be de-
posited in the Treasury in accordance with section
286(t).’’.
(2) ESTABLISHMENT
OF
ACCOUNT; USE
OF
FEES.—Section 286 of the Immigration and Nation-
ality Act (8 U.S.C. 1356) is amended by adding at
the end the following:
‘‘(t) HIGH-TECH EDUCATION FUND ACCOUNT.—
‘‘(1) IN GENERAL.—There is established in the
general fund of the Treasury a separate account,
which shall be known as the ‘High-Tech Education
Fund Account’. Notwithstanding any other provision
of law, there shall be deposited as offsetting receipts
into the account all fees collected under section
214(c)(10) and all civil money penalties collected
under section 214(n)(7)(C).
‘‘(2) USE OF FEES FOR K–12 MATHEMATICS,
SCIENCE, AND
COMPUTER
SCIENCE
EDUCATION.—
Except as provided in paragraph (3), amounts de-
posited into the High-Tech Education Fund Account
shall remain available to the Director of the Na-
tional Science Foundation until expended to make
merit-reviewed grants, under section 3(a)(1) of the
National Science Foundation Act of 1950 (43
U.S.C. 1862(a)(1)), for programs that provide op-
portunities for enrollment in academic enrichment
courses in mathematics, science, and computer
science for elementary and secondary school stu-
dents.
‘‘(3) USE OF FEES FOR DUTIES RELATING TO
PETITIONS.—3 percent of the amounts deposited
into the High-Tech Education Fund Account shall
remain available to the Attorney General until ex-
pended to carry out duties under subsections (c)(10)
and (n) of section 214.’’.
(d) EFFECTIVE DATE; SUNSET.—
(1) EFFECTIVE DATE.—The amendments made
by this section shall take effect beginning with fiscal
year 2000.
(2) SUNSET.—The amendments made by sub-
sections (a), (b), and (c)(1) shall cease to be effec-
tive on September 30, 2004, except with respect to
any alien having nonimmigrant status pursuant to
such amendments before such date. In the case of
such an alien, the amendments made by subsections
(a) and (b) shall remain in effect until the date on
which such nonimmigrant status otherwise would ex-
pire (disregarding any potential extension of status).
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