I 
112TH CONGRESS 
2D SESSION 
H. R. 6429 
To amend the Immigration and Nationality Act to promote innovation, invest-
ment, and research in the United States, to eliminate the diversity 
immigrant program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2012 
Mr. SMITH of Texas (for himself, Mr. GOODLATTE, Mr. CUELLAR, Mr. LAB-
RADOR, Mr. DREIER, Mr. ROYCE, Mr. GRIFFIN of Arkansas, Mr. GALLE-
GLY, Mr. DANIEL E. LUNGREN of California, Mr. CHABOT, Mr. ISSA, Mr. 
FRANKS of Arizona, Mr. POE of Texas, Mr. CHAFFETZ, Mr. LEWIS of 
California, Mr. HERGER, Mr. BACHUS, Mr. CALVERT, Mr. MANZULLO, 
Mrs. MYRICK, Ms. GRANGER, Mr. SESSIONS, Mr. BILBRAY, Mr. FLAKE, 
Mrs. BLACKBURN, Mr. CARTER, Mr. NEUGEBAUER, Mr. CONAWAY, Mr. 
DENT, Mr. MCCAUL, Mr. PEARCE, Mr. CASSIDY, Mr. COFFMAN of Colo-
rado, Mr. ROE of Tennessee, Mr. THOMPSON of Pennsylvania, Ms. 
BUERKLE, Mr. GRIMM, Mr. HANNA, Mr. HULTGREN, Mr. LANKFORD, 
Mr. MCKINLEY, Mr. PALAZZO, Mr. SCHWEIKERT, Mr. STIVERS, Mr. 
YODER, and Mr. ROSKAM) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to promote 
innovation, investment, and research in the United 
States, to eliminate the diversity immigrant program, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘STEM Jobs Act of 
2012’’. 
SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM 
GRADUATES. 
(a) WORLDWIDE LEVEL OF IMMIGRATION.—Section 
201(d)(2) of the Immigration and Nationality Act (8 
U.S.C. 1151(d)(2)) is amended by adding at the end the 
following: 
‘‘(D)(i) In addition to the increase provided under 
subparagraph (C), the number computed under this para-
graph for fiscal year 2013 and subsequent fiscal years 
shall be further increased by the number specified in 
clause (ii), to be used in accordance with paragraphs (6) 
and (7) of section 203(b), except that— 
‘‘(I) immigrant visa numbers made available 
under this subparagraph but not required for the 
classes specified in paragraphs (6) and (7) of section 
203(b) shall not be counted for purposes of sub-
section (c)(3)(C); and 
‘‘(II) for purposes of paragraphs (1) through 
(5) of section 203(b), the increase under this sub-
paragraph shall not be counted for purposes of com-
puting any percentage of the worldwide level under 
this subsection. 
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‘‘(ii) The number specified in this clause is 55,000, 
reduced for any fiscal year by the number by which the 
number of visas under section 201(e) would have been re-
duced in that year pursuant to section 203(d) of the Nica-
raguan Adjustment and Central American Relief Act (8 
U.S.C. 1151 note) if section 201(e) had not been repealed 
by section 3 of the STEM Jobs Act of 2012. 
‘‘(iii) Immigrant visa numbers made available under 
this subparagraph for fiscal year 2013, but not used for 
the classes specified in paragraphs (6) and (7) of section 
203(b) in such year, may be made available in subsequent 
years as if they were included in the number specified in 
clause (ii), but only to the extent to which the cumulative 
number of petitions under section 204(a)(1)(F), and appli-
cations 
for 
a 
labor 
certification 
under 
section 
212(a)(5)(A), filed in fiscal year 2013 with respect to 
aliens seeking a visa under paragraph (6) or (7) of section 
203(b) was less than the number specified in clause (ii) 
for such year. Such immigrant visa numbers may only be 
made available in fiscal years after fiscal year 2013 in con-
nection with a petition under section 204(a)(1)(F), or an 
application for a labor certification under section 
212(a)(5)(A), that was filed in fiscal year 2013. 
‘‘(iv) Immigrant visa numbers made available under 
this subparagraph for fiscal year 2014, but not used for 
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the classes specified in paragraphs (6) and (7) of section 
203(b) during such year, may be made available in subse-
quent years as if they were included in the number speci-
fied in clause (ii), but only to the extent to which the cu-
mulative number of petitions under section 204(a)(1)(F), 
and applications for a labor certification under section 
212(a)(5)(A), filed in fiscal year 2014 with respect to 
aliens seeking a visa under paragraph (6) or (7) of section 
203(b) was less than the number specified in clause (ii) 
for such year. Such immigrant visa numbers may only be 
made available in fiscal years after fiscal year 2014 in con-
nection with a petition under section 204(a)(1)(F), or an 
application for a labor certification under section 
212(a)(5)(A), that was filed in fiscal year 2014.’’. 
(b) NUMERICAL LIMITATION TO ANY SINGLE FOR-
EIGN STATE.—Section 202(a)(5)(A) of such Act (8 U.S.C. 
1152(a)(5)(A)) is amended by striking ‘‘or (5)’’ and in-
serting ‘‘(5), (6), or (7)’’. 
(c) PREFERENCE ALLOCATION FOR EMPLOYMENT- 
BASED IMMIGRANTS.—Section 203(b) of such Act (8 
U.S.C. 1153(b)) is amended— 
(1) by redesignating paragraph (6) as para-
graph (8); and 
(2) by inserting after paragraph (5) the fol-
lowing: 
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‘‘(6) ALIENS
HOLDING
DOCTORATE
DEGREES 
FROM
U.S. DOCTORAL
INSTITUTIONS
OF
HIGHER 
EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEER-
ING, OR MATHEMATICS.— 
‘‘(A) IN GENERAL.—Visas shall be made 
available, in a number not to exceed the number 
specified in section 201(d)(2)(D)(ii), to quali-
fied 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; 
‘‘(ii) agree to work for a total of not 
less than 5 years in the aggregate for the 
petitioning employer or in the United 
States in a field of science, technology, en-
gineering, or mathematics upon being law-
fully admitted for permanent residence; 
and 
‘‘(iii) have taken all doctoral courses 
in a field of science, technology, engineer-
ing, or mathematics, including all courses 
taken by correspondence (including courses 
offered by telecommunications) or by dis-
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tance education, while physically present in 
the United States. 
‘‘(B) DEFINITIONS.—For purposes of this 
paragraph, 
paragraph 
(7), 
and 
sections 
101(a)(15)(F)(i)(I) and 212(a)(5)(A)(iii)(III): 
‘‘(i) The term ‘distance education’ has 
the meaning given such term in section 
103 of the Higher Education Act of 1965 
(20 U.S.C. 1003). 
‘‘(ii) The term ‘field of science, tech-
nology, 
engineering, 
or 
mathematics’ 
means a field included in the Department 
of Education’s Classification of Instruc-
tional Programs taxonomy within the sum-
mary groups of computer and information 
sciences and support services, engineering, 
mathematics and statistics, and physical 
sciences. 
‘‘(iii) The term ‘United States doc-
toral institution of higher education’ means 
an institution that— 
‘‘(I) 
is 
described 
in 
section 
101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a)) or is a 
proprietary institution of higher edu-
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cation (as defined in section 102(b) of 
such Act (20 U.S.C. 1002(b))); 
‘‘(II) was classified by the Car-
negie Foundation for the Advance-
ment of Teaching on January 1, 
2012, as a doctorate-granting univer-
sity 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 in-
stitution, as having equivalent re-
search activity to those institutions 
that had been classified by the Car-
negie Foundation as being doctorate- 
granting universities with a very high 
or high level of research activity; 
‘‘(III) has been in existence for 
at least 10 years; 
‘‘(IV) does not provide any com-
mission, bonus, or other incentive pay-
ment based directly or indirectly on 
success in securing enrollments or fi-
nancial aid to any persons or entities 
engaged in any recruitment or admis-
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sion activities for nonimmigrant stu-
dents or in making decisions regard-
ing the award of student financial as-
sistance to nonimmigrant students; 
and 
‘‘(V) is accredited by an accred-
iting body that is itself accredited ei-
ther by the Department of Education 
or by the Council for Higher Edu-
cation Accreditation. 
‘‘(C) LABOR CERTIFICATION REQUIRED.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the Secretary of Homeland Security 
may not approve a petition filed for classi-
fication of an alien under subparagraph 
(A) unless the Secretary of Homeland Se-
curity is in receipt of a determination 
made by the Secretary of Labor pursuant 
to the provisions of section 212(a)(5)(A), 
except that the Secretary of Homeland Se-
curity may, when the Secretary deems it to 
be in the national interest, waive this re-
quirement. 
‘‘(ii) REQUIREMENT
DEEMED
SATIS-
FIED.—The requirement of clause (i) shall 
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be deemed satisfied with respect to an em-
ployer and an alien in a case in which a 
certification 
made 
under 
section 
212(a)(5)(A)(i) has already been obtained 
with respect to the alien by that employer. 
‘‘(7) ALIENS
HOLDING
MASTER’S
DEGREES 
FROM
U.S. DOCTORAL
INSTITUTIONS
OF
HIGHER 
EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEER-
ING, OR MATHEMATICS.— 
‘‘(A) IN GENERAL.—Any visas not required 
for the class specified in paragraph (6) shall be 
made available to the class of aliens who— 
‘‘(i) hold a master’s degree in a field 
of science, technology, engineering, or 
mathematics from a United States doctoral 
institution of higher education that was ei-
ther part of a master’s program that re-
quired at least 2 years of enrollment or 
part of a 5-year combined baccalaureate- 
master’s degree program in such field; 
‘‘(ii) agree to work for a total of not 
less than 5 years in the aggregate for the 
petitioning employer or in the United 
States in a field of science, technology, en-
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gineering, or mathematics upon being law-
fully admitted for permanent residence; 
‘‘(iii) have taken all master’s degree 
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; and 
‘‘(iv) hold a baccalaureate degree in a 
field of science, technology, engineering, or 
mathematics or in a field included in the 
Department of Education’s Classification 
of Instructional Programs taxonomy within 
the summary group of biological and bio-
medical sciences. 
‘‘(B) LABOR CERTIFICATION REQUIRED.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the Secretary of Homeland Security 
may not approve a petition filed for classi-
fication of an alien under subparagraph 
(A) unless the Secretary of Homeland Se-
curity is in receipt of a determination 
made by the Secretary of Labor pursuant 
to the provisions of section 212(a)(5)(A), 
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except that the Secretary of Homeland Se-
curity may, when the Secretary deems it to 
be in the national interest, waive this re-
quirement. 
‘‘(ii) REQUIREMENT
DEEMED
SATIS-
FIED.—The requirement of clause (i) shall 
be deemed satisfied with respect to an em-
ployer and an alien in a case in which a 
certification 
made 
under 
section 
212(a)(5)(A)(i) has already been obtained 
with respect to the alien by that employer. 
‘‘(C) DEFINITIONS.—The definitions in 
paragraph (6)(B) shall apply for purposes of 
this paragraph.’’. 
(d) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204(a)(1)(F) of such Act (8 U.S.C. 
1154(a)(1)(F)) is amended— 
(1) by striking ‘‘(F)’’ and inserting ‘‘(F)(i)’’; 
(2) by striking ‘‘or 203(b)(3)’’ and inserting 
‘‘203(b)(3), 203(b)(6), or 203(b)(7)’’; 
(3) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’; and 
(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 
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beneficiaries qualifying under paragraph (6) or (7) of sec-
tion 203(b): 
‘‘(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 pe-
riod, the Secretary shall adjudicate the petition not 
later than 30 days after the date on which such in-
formation 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 pe-
tition 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.’’. 
(e) LABOR CERTIFICATION AND QUALIFICATION FOR 
CERTAIN IMMIGRANTS.—Section 212(a)(5) of such Act (8 
U.S.C. 1182(a)(5)) is amended— 
(1) in subparagraph (A)— 
(A) in clause (ii)— 
(i) in subclause (I), by striking ‘‘, or’’ 
at the end and inserting a semicolon; 
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(ii) in subclause (II), by striking the 
period at the end and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(III) holds a doctorate degree in 
a field of science, technology, engi-
neering, 
or 
mathematics 
from 
a 
United States doctoral institution of 
higher education (as defined in section 
203(b)(6)(B)(iii)).’’; 
(B) by redesignating clauses (ii) through 
(iv) as clauses (iii) through (v), respectively; 
(C) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) JOB ORDER.— 
‘‘(I) IN GENERAL.—An employer 
who files an application under clause 
(i) shall submit a job order for the 
labor the alien seeks to perform to the 
State workforce agency in the State in 
which the alien seeks to perform the 
labor. The State workforce agency 
shall post the job order on its official 
agency website for a minimum of 30 
days and not later than 3 days after 
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receipt using the employment statis-
tics system authorized under section 
15 of the Wagner-Peyser Act (29 
U.S.C. 49 et seq.). 
‘‘(II) LINKS.—The Secretary of 
Labor shall include links to the offi-
cial websites of all State workforce 
agencies on a single webpage of the 
official website of the Department of 
Labor.’’; and 
(D) by adding at the end the following: 
‘‘(vi) PROCESSING
STANDARDS
FOR 
ALIEN BENEFICIARIES QUALIFYING UNDER 
PARAGRAPHS
(6)
AND
(7)
OF
SECTION 
203(b).—The following processing stand-
ards shall apply with respect to applica-
tions under clause (i) relating to alien 
beneficiaries qualifying under paragraph 
(6) or (7) of section 203(b): 
‘‘(I) The Secretary of Labor shall 
adjudicate such applications not later 
than 180 days after the date on which 
the application is filed. In the event 
that additional information or docu-
mentation is requested by the Sec-
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retary during such 180-day period, 
the Secretary shall adjudicate the ap-
plication not later than 60 days after 
the date on which such information or 
documentation is received. 
‘‘(II) The applicant shall be noti-
fied in writing within 60 days of the 
date of filing if the application does 
not meet the standards for approval. 
If the application 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 ap-
plication.’’; and 
(2) in subparagraph (D), by striking ‘‘(2) or 
(3)’’ and inserting ‘‘(2), (3), (6), or (7)’’. 
(f) GAO STUDY.—Not later than June 30, 2017, the 
Comptroller General of the United States shall provide to 
the Congress the results of a study on the use by the Na-
tional Science Foundation of the classification authority 
provided under section 203(b)(6)(B)(iii)(II) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(6)(B)(iii)(II)), as added by this section. 
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(g) PUBLIC INFORMATION.—The Secretary of Home-
land Security shall make available to the public on the 
official website of the Department of Homeland Security, 
and shall update not less than monthly, the following in-
formation (which shall be organized according to month 
and fiscal year) with respect to aliens granted status 
under paragraph (6) or (7) of section 203(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1153(b)), as added 
by this section: 
(1) The name, city, and State of each employer 
who petitioned pursuant to either of such para-
graphs on behalf of one or more aliens who were 
granted status in the month and fiscal year to date. 
(2) The number of aliens granted status under 
either of such paragraphs in the month and fiscal 
year to date based upon a petition filed by such em-
ployer. 
(3) The occupations for which such alien or 
aliens were sought by such employer and the job ti-
tles listed by such employer on the petition. 
(h) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2012, and shall 
apply with respect to fiscal years beginning on or after 
such date. 
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SEC. 3. ELIMINATION OF DIVERSITY IMMIGRANT PRO-
GRAM. 
(a) WORLDWIDE
LEVEL
OF
DIVERSITY
IMMI-
GRANTS.—Section 201 of the Immigration and Nation-
ality Act (8 U.S.C. 1151) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (1); 
(B) by striking ‘‘; and’’ at the end of para-
graph (2) and inserting a period; and 
(C) by striking paragraph (3); and 
(2) by striking subsection (e). 
(b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.— 
Section 203 of such Act (8 U.S.C. 1153) is amended— 
(1) by striking subsection (c); 
(2) in subsection (d), by striking ‘‘(a), (b), or 
(c),’’ and inserting ‘‘(a) or (b),’’; 
(3) in subsection (e), by striking paragraph (2) 
and redesignating paragraph (3) as paragraph (2); 
(4) in subsection (f), by striking ‘‘(a), (b), or 
(c)’’ and inserting ‘‘(a) or (b)’’; and 
(5) in subsection (g), by striking ‘‘(a), (b), and 
(c)’’ and inserting ‘‘(a) and (b)’’. 
(c) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend-
ed— 
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(1) by striking subsection (a)(1)(I); and 
(2) in subsection (e), by striking ‘‘(a), (b), or 
(c)’’ and inserting ‘‘(a) or (b)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2012, and shall 
apply with respect to fiscal years beginning on or after 
such date. 
SEC. 4. PERMANENT PRIORITY DATES. 
(a) IN GENERAL.—Section 203 of the Immigration 
and Nationality Act (8 U.S.C. 1153) is amended by add-
ing at the end the following: 
‘‘(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 Secu-
rity (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 PETI-
TIONS.—Subject to subsection (h)(3), an alien who 
is the beneficiary of any employment-based petition 
that was approvable when filed (including self-peti-
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tioners) shall retain the priority date assigned with 
respect to that petition in the consideration of any 
subsequently filed employment-based petition (in-
cluding self-petitions).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to aliens who are a bene-
ficiary of a classification petition pending on or after such 
date. 
SEC. 5. STUDENT VISA REFORM. 
(a) IN GENERAL.—Section 101(a)(15)(F) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) 
is amended to read as follows: 
‘‘(F) an alien— 
‘‘(i) who— 
‘‘(I) is a bona fide student qualified to 
pursue a full course of study in a field of 
science, technology, engineering, or mathe-
matics 
(as 
defined 
in 
section 
203(b)(6)(B)(ii)) leading to a bachelors or 
graduate degree and who seeks to enter 
the United States for the purpose of pur-
suing such a course of study consistent 
with section 214(m) at an institution of 
higher education (as described in section 
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101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a))) or a propri-
etary institution of higher education (as 
defined in section 102(b) of such Act (20 
U.S.C. 1002(b))) in the United States, 
particularly designated by the alien and 
approved by the Secretary of Homeland 
Security, after consultation with the Sec-
retary of Education, which institution shall 
have agreed to report to the Secretary of 
Homeland Security the termination of at-
tendance of each nonimmigrant student, 
and if any such institution fails to make 
reports promptly the approval shall be 
withdrawn; or 
‘‘(II) is engaged in temporary employ-
ment for optional practical training related 
to such alien’s area of study following com-
pletion of the course of study described in 
subclause (I); 
‘‘(ii) who has a residence in a foreign coun-
try which the alien has no intention of aban-
doning, who is a bona fide student qualified to 
pursue a full course of study, and who seeks to 
enter the United States temporarily and solely 
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for the purpose of pursuing such a course of 
study consistent with section 214(m) at an es-
tablished college, university, seminary, conserv-
atory, academic high school, elementary school, 
or other academic institution or in a language 
training program in the United States, particu-
larly designated by the alien and approved by 
the Secretary of Homeland Security, after con-
sultation with the Secretary of Education, 
which institution of learning or place of study 
shall have agreed to report to the Secretary of 
Homeland Security the termination of attend-
ance of each nonimmigrant student, and if any 
such institution of learning or place of study 
fails to make reports promptly the approval 
shall be withdrawn; 
‘‘(iii) who is the spouse or minor child of 
an alien described in clause (i) or (ii) if accom-
panying or following to join such an alien; or 
‘‘(iv) who is a national of Canada or Mex-
ico, who maintains actual residence and place of 
abode in the country of nationality, who is de-
scribed in clause (i) or (ii) except that the 
alien’s qualifications for and actual course of 
study may be full or part-time, and who com-
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mutes to the United States institution or place 
of study from Canada or Mexico.’’. 
(b) ADMISSION.—Section 214(b) of the Immigration 
and Nationality Act (8 U.S.C. 1184(b)) is amended by in-
serting ‘‘(F)(i),’’ before ‘‘(L) or (V)’’. 
(c) CONFORMING AMENDMENT.—Section 214(m)(1) 
of the Immigration and Nationality Act (8 U.S.C. 
1184(m)(1)) is amended, in the matter preceding subpara-
graph (A), by striking ‘‘(i) or (iii)’’ and inserting ‘‘(i), (ii), 
or (iv)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to nonimmigrants who possess 
or are granted status under section 101(a)(15)(F) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(F)) on or after such date. 
Æ 
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