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 fol-
lowing 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 Representa-
tives 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’’. 
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TITLE I—ATTRACTING AND RE-
TAINING 
INNOVATORS 
AND 
JOB CREATORS 
SEC. 101. U.S. GRADUATES IN SCIENCE, TECHNOLOGY, EN-
GINEERING, 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
MATHE-
MATICS.—An alien is described in this subpara-
graph if— 
‘‘(i) the alien possesses a graduate de-
gree at the level of master’s or higher in 
a field of science, technology, engineering, 
or mathematics from a United States insti-
tution of higher education that has been 
designated by the Director of the National 
Science Foundation as a research institu-
tion or as otherwise excelling at instruction 
in such fields; 
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‘‘(ii) the alien has an offer of employ-
ment 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 qualifica-
tions in the same occupational classi-
fication; or 
‘‘(II) the prevailing wage level for 
the occupational classification in the 
area of employment; 
whichever is greater, based on the best in-
formation available as of the time of filing 
the petition.’’. 
(b) CAP EXEMPTION.—Section 201(b)(1) of the Im-
migration 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 Na-
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tionality Act (8 U.S.C. 1101(a)(15)(F)(i)) is 
amended by striking ‘‘an alien having a resi-
dence in a foreign country which he has no in-
tention of abandoning, who is a bona fide stu-
dent 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 for-
eign 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 non-
immigrant’’ 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 institu-
tion of higher education, other than a non-
immigrant’’. 
(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 
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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 Immi-
gration 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 insert-
ing ‘‘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— 
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(1) in paragraph (2)— 
(A) by striking ‘‘, (4), and (5)’’ and insert-
ing ‘‘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 insert-
ing ‘‘15 percent (in the case of a single foreign 
state) or 5 percent’’; and 
(D) by striking ‘‘such subsections’’ and in-
serting ‘‘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 sub-
section (d). 
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TITLE 
II—INVESTING 
IN 
THE 
NEXT 
GENERATION 
OF 
INNOVATORS AND JOB CRE-
ATORS 
SEC. 201. INVESTING IN STEM EDUCATION FOR U.S. STU-
DENTS. 
Section 204(a)(1)(F) of the Immigration and Nation-
ality 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 Secu-
rity shall impose a fee on an employer (exclud-
ing any employer that is a primary or sec-
ondary education institution, an institution of 
higher education, a nonprofit entity related to 
or affiliated with any such institution, a non-
profit entity which engages in established cur-
riculum-related clinical training of students reg-
istered at any such institution, a nonprofit re-
search 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 
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203(b)(1), section 203(b)(2), clause (i) or (ii) of 
section 203(b)(3)(A), section 203(b)(5) or sec-
tion 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 peti-
tion by any employer with not more than 25 
full-time equivalent employees who are em-
ployed 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 sec-
tion of this title, there shall be deposited as offset-
ting receipts into the account all fees collected under 
section 204(a)(1)(F)(ii) and paragraphs (9) and 
(11) of section 214(c). 
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‘‘(2) LOW-INCOME
STEM
SCHOLARSHIP
PRO-
GRAM.—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 Com-
petitiveness 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
COM-
PETITIVE
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 Founda-
tion until expended to carry out a direct or 
matching grant program to support improve-
ment in K–12 education, including through pri-
vate-public partnerships. 
‘‘(B) TYPES
OF
PROGRAMS
COVERED.— 
The Director shall award grants to such pro-
grams, including those which support the devel-
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opment and implementation of standards-based 
instructional materials models and related stu-
dent assessments that enable K–12 students to 
acquire an understanding of science, technology, 
engineering, and mathematics, as well as to de-
velop 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; sup-
port the professional development of K–12 
science, technology, engineering and mathe-
matics teachers in the use of technology in the 
classroom; stimulate system-wide K–12 reform 
of science, technology, engineering, and mathe-
matics in rural, economically disadvantaged re-
gions of the United States; provide externships 
and other opportunities for students to increase 
their appreciation and understanding of science, 
technology, engineering, and mathematics (in-
cluding summer institutes sponsored by an in-
stitution of higher education for students in 
grades 7–12 that provide instruction in such 
fields); involve partnerships of industry, edu-
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cational institutions, and community organiza-
tions to address the educational needs of dis-
advantaged communities; provide college pre-
paratory support to expose and prepare stu-
dents for careers in science, technology, engi-
neering, and mathematics; and provide for car-
rying out systemic reform activities under sec-
tion 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 Founda-
tion until expended to establish or expand pro-
grams to award grants on a competitive, merit- 
reviewed basis to enhance the quality of under-
graduate science, technology, engineering, and 
mathematics education at minority-serving in-
stitutions of higher education and to increase 
the retention and graduation rates of students 
pursuing degrees in such fields at such institu-
tions. 
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‘‘(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 develop-
ment and exchange; 
‘‘(II) research infrastructure de-
velopment; 
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‘‘(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 
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 
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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.—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
PROC-
ESSING
AND
ENFORCEMENT.—1.5 percent of the 
amounts deposited into the STEM Education and 
Training Account shall remain available to the Sec-
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retary 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 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.— 
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‘‘(I) 
TIMEFRAMES.—The 
Sec-
retary of Labor shall adjudicate an 
application for certification under 
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. 
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‘‘(vi) FEES.— 
‘‘(I) APPLICATION FEE.—In ad-
dition to any other fees authorized by 
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-
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cation during the 30-day period, the 
Secretary shall adjudicate the applica-
tion not later than 30 days after the 
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.— 
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‘‘(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-
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 
website and has engaged in at 
least 3 other forms of active re-
cruitment on an annual basis 
over the preceding 3 years. 
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‘‘(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-
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-
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clause at the time the cer-
tification was issued; or 
‘‘(BB) failed to meet 
the requirements under sub-
clause (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 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-
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paper advertisements in which 
the employer is named as a par-
ticipant in such fairs. 
‘‘(dd) MILITARY
RECRUIT-
ING.—The 
employer 
recruits 
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.’’. 
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(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 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.’’. 
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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 
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.’’. 
Æ 
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