I 
111TH CONGRESS 
2D SESSION 
H. R. 5658 
To amend the Immigration and Nationality Act to increase competitiveness 
in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 1, 2010 
Mr. SHADEGG (for himself and Mr. DJOU) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to increase 
competitiveness 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Securing Knowledge, Innovation, and Leadership Act of 
2010’’ or the ‘‘SKIL Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ACCESS TO HIGH SKILLED FOREIGN WORKERS 
Sec. 101. H–1B visa holders. 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
Sec. 102. Market-based visa limits. 
TITLE II—RETAINING FOREIGN WORKERS EDUCATED IN THE 
UNITED STATES 
Sec. 201. United States educated immigrants. 
Sec. 202. Immigrant visa backlog reduction. 
Sec. 203. Student visa reform. 
Sec. 204. L–1 visa holders subject to visa backlog. 
Sec. 205. Retaining workers subject to green card backlog. 
TITLE III—BUSINESS FACILITATION THROUGH IMMIGRATION 
REFORM 
Sec. 301. Streamlining the adjudication process for established employers. 
Sec. 302. Providing premium processing of employment-based visa petitions. 
Sec. 303. Eliminating procedural delays in labor certification process. 
TITLE IV—MISCELLANEOUS 
Sec. 401. Completion of background and security checks. 
Sec. 402. Visa revalidation. 
Sec. 403. Severability. 
Sec. 404. Constitutional authority. 
TITLE I—ACCESS TO HIGH 
SKILLED FOREIGN WORKERS 
SEC. 101. H–1B VISA HOLDERS. 
(a) IN GENERAL.—Section 214(g)(5) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(g)(5)) is 
amended— 
(1) in subparagraph (B)— 
(A) by striking ‘‘nonprofit research’’ and 
inserting ‘‘nonprofit’’; 
(B) by inserting ‘‘Federal, State, or local’’ 
before ‘‘governmental’’; and 
(C) by striking ‘‘or’’ at the end; 
(2) in subparagraph (C)— 
(A) by striking ‘‘a United States institu-
tion of higher education (as defined in section 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
(A) in the matter preceding subparagraph 
(A), by striking ‘‘(beginning with fiscal year 
1992)’’; and 
(B) in subparagraph (A)— 
(i) in clause (vi) by striking ‘‘and’’; 
(ii) in clause (vii), by striking ‘‘each 
succeeding fiscal year; or’’ and inserting 
‘‘each of fiscal years 2004 through 2010;’’; 
and 
(iii) by adding after clause (vii) the 
following: 
‘‘(viii) 115,000 in the first fiscal year 
beginning after the date of the enactment 
of the Securing Knowledge, Innovation, 
and Leadership Act of 2010; and 
‘‘(ix) the number calculated under 
paragraph (9) in each fiscal year after the 
fiscal year described in clause (viii); or’’; 
(2) in paragraph (5), as amended by section 
101(a), in the matter preceding subparagraph (A), 
by inserting ‘‘101(a)(15)(H)(i)(b1) or section’’ after 
‘‘under section’’; 
(3) in paragraph (8), by striking subparagraphs 
(B)(iv) and (D); 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(F) Aliens who have earned a master’s or 
higher degree from an accredited United States 
university. 
‘‘(G) Aliens who have been awarded med-
ical specialty certification based on post-doc-
toral training and experience in the United 
States preceding their application for an immi-
grant visa under section 203(b). 
‘‘(H) Aliens who will perform labor in 
shortage occupations designated by the Sec-
retary of Labor for blanket certification under 
section 212(a)(5)(A) as lacking sufficient 
United States workers able, willing, qualified, 
and available for such occupations and for 
which the employment of aliens will not ad-
versely affect the terms and conditions of simi-
larly employed United States workers. 
‘‘(I) Aliens who have earned a master’s de-
gree or higher in science, technology, engineer-
ing, or math and have been working in a re-
lated field in the United States in a non-
immigrant status during the 3-year period pre-
ceding their application for an immigrant visa 
under section 203(b). 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(J) Aliens described in subparagraph (A) 
or (B) of section 203(b)(1) or who have re-
ceived a national interest waiver under section 
203(b)(2)(B). 
‘‘(K) The spouse and minor children of an 
alien who is admitted as an employment-based 
immigrant under section 203(b).’’. 
(b) 
LABOR
CERTIFICATIONS.—Section 
212(a)(5)(A)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(5)(A)(ii)) is amended— 
(1) in subclause (I), by striking ‘‘or’’ at the 
end; 
(2) in subclause (II), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(III) is a member of the profes-
sions and has a master’s degree or 
higher from an accredited United 
States university or has been awarded 
medical specialty certification based 
on post-doctoral training and experi-
ence in the United States.’’. 
SEC. 202. IMMIGRANT VISA BACKLOG REDUCTION. 
Section 201(d) of the Immigration and Nationality 
Act (8 U.S.C. 1151(d)) is amended to read as follows: 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.—The worldwide level of employment-based 
immigrants under this subsection for a fiscal year is equal 
to the sum of— 
‘‘(1) 290,000; 
‘‘(2) the difference between— 
‘‘(A) the maximum number of visas au-
thorized to be issued under this subsection dur-
ing the previous fiscal year; and 
‘‘(B) the number of such visas issued dur-
ing the previous fiscal year; and 
‘‘(3) the difference between— 
‘‘(A) the maximum number of visas au-
thorized to be issued under this subsection dur-
ing fiscal years 2001 through 2005 and the 
number of visa numbers issued under this sub-
section during such fiscal years; and 
‘‘(B) the number of visas calculated under 
subparagraph (A) that were issued after fiscal 
year 2005.’’. 
SEC. 203. 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— 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(i) who— 
‘‘(I) is a bona fide student qualified to 
pursue a full course of study in mathe-
matics, engineering, technology, or the 
sciences leading to a bachelors or graduate 
degree and who seeks to enter the United 
States for the purpose of pursuing such a 
course of study consistent with section 
214(m) at an institution of higher edu-
cation (as defined by section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 
1001(a))) in the United States, particu-
larly designated by the alien and approved 
by the Secretary of Homeland Security, 
after consultation with the Secretary of 
Education, which institution or place of 
study shall have agreed to report to the 
Secretary of Homeland Security the termi-
nation of attendance of each nonimmigrant 
student, and if any such institution of 
learning or place of study fails to make re-
ports promptly the approval shall be with-
drawn; or 
‘‘(II) is engaged in temporary employ-
ment for optional practical training related 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
to such alien’s area of study following com-
pletion of the course of study described in 
subclause (I) for a period or periods of not 
more than 24 months; 
‘‘(ii) who— 
‘‘(I) has a residence in a foreign coun-
try which the alien has no intention of 
abandoning, 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 for the purpose of 
pursuing such a course of study consistent 
with section 214(m) at an established col-
lege, university, seminary, conservatory, 
academic high school, elementary school, or 
other academic institution or in a language 
training program 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 or 
place of study shall have agreed to report 
to the Secretary of Homeland Security the 
termination of attendance of each non-
immigrant student, and if any such institu-
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
tion of learning or place of study 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) for a period or periods of not 
more than 24 months; 
‘‘(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— 
‘‘(I) is a national of Canada or Mex-
ico, who maintains actual residence and 
place of abode in the country of nation-
ality, who is described 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 commutes to the 
United States institution or place of study 
from Canada or Mexico; or 
‘‘(II) is engaged in temporary employ-
ment for optional practical training related 
to such alien’s area of study following com-
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
pletion of the course of study described in 
subclause (I) for a period or periods of not 
more than 24 months;’’. 
(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)’’. 
SEC. 204. L–1 VISA HOLDERS SUBJECT TO VISA BACKLOG. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)) is amended by adding at the 
end the following new subparagraph: 
‘‘(G) The limitations contained in subparagraph (D) 
with respect to the duration of authorized stay shall not 
apply to any nonimmigrant alien previously issued a visa 
or otherwise provided nonimmigrant status under section 
101(a)(15)(L) on whose behalf a petition under section 
204(b) to accord the alien immigrant status under section 
203(b), or an application for labor certification (if such 
certification is required for the alien to obtain status 
under such section 203(b)) has been filed, if 365 days or 
more have elapsed since such filing. The Secretary of 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
Homeland Security shall extend the stay of an alien who 
qualifies for an exemption under this subparagraph until 
such time as a final decision is made on the alien’s lawful 
permanent residence.’’. 
SEC. 205. RETAINING WORKERS SUBJECT TO GREEN CARD 
BACKLOG. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN GENERAL.—Section 245(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1255(a)) is 
amended to read as follows: 
‘‘(a) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—The status of an alien who 
was inspected and admitted or paroled into the 
United States or the status of any other alien having 
an approved petition for classification under sub-
paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of sec-
tion 204(a)(1) may be adjusted by the Secretary of 
Homeland Security or the Attorney General, in the 
discretion of the Secretary or the Attorney General 
under such regulations as the Secretary or Attorney 
General may prescribe, to that of an alien lawfully 
admitted for permanent residence if— 
‘‘(A) the alien makes an application for 
such adjustment; 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(B) the alien is eligible to receive an im-
migrant visa and is admissible to the United 
States for permanent residence; and 
‘‘(C) an immigrant visa is immediately 
available to the alien at the time the application 
is filed. 
‘‘(2) SUPPLEMENTAL
FEE.—An application 
under paragraph (1) that is based on a petition ap-
proved or approvable under subparagraph (E) or (F) 
of section 204(a)(1) may be filed without regard to 
the limitation set forth in paragraph (1)(C) if a sup-
plemental fee of $500 is paid by the principal alien 
at the time the application is filed. A supplemental 
fee may not be required for any dependent alien ac-
companying or following to join the principal alien. 
‘‘(3) VISA
AVAILABILITY.—An application for 
adjustment filed under this paragraph may not be 
approved until such time as an immigrant visa be-
come available.’’. 
(b) USE
OF FEES.—Section 286(v)(1) (8 U.S.C. 
1356(v)(1)) is amended by inserting before the period at 
the end ‘‘and the fees collected under section 245(a)(2).’’. 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
TITLE III—BUSINESS FACILITA-
TION 
THROUGH 
IMMIGRA-
TION REFORM 
SEC. 301. STREAMLINING THE ADJUDICATION PROCESS 
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 new paragraph: 
‘‘(15) Not later than 180 days after the date of the 
enactment of the Securing Knowledge, Innovation, and 
Leadership Act of 2010, the Secretary of Homeland Secu-
rity shall establish a pre-certification procedure for em-
ployers who file multiple petitions described in this sub-
section 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 em-
ployer and the offered employment opportunity.’’. 
SEC. 302. PROVIDING PREMIUM PROCESSING OF EMPLOY-
MENT-BASED VISA PETITIONS. 
(a) IN GENERAL.—Pursuant to section 286(u) of the 
Immigration and Nationality Act (8 U.S.C. 1356(u)), the 
Secretary of Homeland Security shall establish and collect 
a fee for premium processing of employment-based immi-
grant petitions. 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS
(b) APPEALS.—Pursuant to such section 286(u), the 
Secretary of Homeland Security shall establish and collect 
a fee for premium processing of an administrative appeal 
of any decision on a permanent employment-based immi-
grant petition. 
SEC. 303. ELIMINATING PROCEDURAL DELAYS IN LABOR 
CERTIFICATION PROCESS. 
(a) PREVAILING WAGE RATE.— 
(1) REQUIREMENT
TO
PROVIDE.—The Sec-
retary of Labor shall provide prevailing wage deter-
minations to employers seeking a labor certification 
for aliens pursuant to part 656 of title 20, Code of 
Federal Regulation (or any successor regulation). 
The Secretary may not delegate this function to any 
agency of a State. 
(2) SCHEDULE FOR DETERMINATION.—Except 
as provided in paragraph (3), the Secretary of Labor 
shall provide a response to an employer’s request for 
a prevailing wage determination in no more than 20 
calendar days from the date of receipt of such re-
quest. If the Secretary fails to reply during such 20- 
day period, then the wage proposed by the employer 
shall be the valid prevailing wage rate. 
(3) USE OF SURVEYS.—The Secretary of Labor 
shall accept an alternative wage survey provided by 
VerDate Mar 15 2010 
22:52 Jul 02, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5658.IH
H5658
srobinson on DSKHWCL6B1PROD with BILLS