I 
115TH CONGRESS 
2D SESSION 
H. R. 6794 
To amend the Immigration and Nationality Act to authorize additional visas 
for well-educated aliens to live and work in the United States, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 13, 2018 
Mr. COFFMAN (for himself and Mr. KRISHNAMOORTHI) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Education and the Workforce, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Immigration and Nationality Act to authorize 
additional visas for well-educated aliens to live and work 
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 ‘‘Immigration Innova-
tion Act of 2018’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
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Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—EMPLOYMENT-BASED NONIMMIGRANT VISAS 
Sec. 101. Employment authorization for dependents of H–1B nonimmigrants. 
Sec. 102. Eliminating impediments to worker mobility. 
Sec. 103. Definitions. 
Sec. 104. Strengthening the prevailing wage system. 
Sec. 105. Schedule A study. 
TITLE II—EMPLOYMENT-BASED IMMIGRANT VISAS 
Sec. 201. Ensuring the issuance of all preference employment-based immigrant 
visas. 
Sec. 202. Aliens not subject to direct numerical limitation. 
Sec. 203. Increased portability. 
Sec. 204. Adjustment of status for employment-based immigrants. 
Sec. 205. Employment-based conditional immigrants. 
TITLE III—STUDENT VISAS 
Sec. 301. Authorization of dual intent. 
TITLE IV—STEM EDUCATION AND WORKER TRAINING 
Sec. 401. Promoting American Ingenuity Account. 
Sec. 402. National evaluation. 
Sec. 403. Rule of construction. 
TITLE V—REFORMS AFFECTING IMMIGRANT AND 
NONIMMIGRANT VISAS 
Sec. 501. Streamlining petitions for established employers and other require-
ments. 
TITLE I—EMPLOYMENT-BASED 
NONIMMIGRANT VISAS 
SEC. 101. EMPLOYMENT AUTHORIZATION FOR DEPEND-
ENTS OF H–1B NONIMMIGRANTS. 
Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; and 
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(2) in paragraph (2), by adding at the end the 
following: 
‘‘(G)(i) If the principal alien has a pending or ap-
proved Application for Permanent Employment Certifi-
cation or a pending or approved Immigrant Petition, the 
Secretary of Homeland Security shall— 
‘‘(I) authorize the alien spouse of such principal 
alien admitted under section 101(a)(15)(H)(i)(b) 
who is accompanying or following to join the prin-
cipal alien to engage in employment in the United 
States; and 
‘‘(II) provide the spouse with an ‘employment 
authorized’ endorsement or other appropriate work 
permit. 
‘‘(ii) The employer of an alien spouse described in 
clause (i)(I) shall attest to the Secretary of Homeland Se-
curity that the employer is offering and will offer to the 
alien spouse, during the period of authorized employment, 
not less than the greater of— 
‘‘(I) the actual wage level paid by the employer 
for the specific employment in question to all other 
individuals with similar experiences and qualifica-
tions; or 
‘‘(II) the prevailing wage level for the occupa-
tional classification in the area of employment, re-
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flecting the education, experience, and level of super-
vision required for the job to be performed by the 
alien spouse, based on the best information available 
at the time the alien spouse is hired.’’. 
SEC. 102. ELIMINATING IMPEDIMENTS TO WORKER MOBIL-
ITY. 
(a) EFFECT OF NEW JOB SITE.—Section 214(c)(10) 
of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(10)) is amended to read as follows: 
‘‘(10) An amended H–1B petition shall not be re-
quired if— 
‘‘(A) the petitioning employer is involved in a 
corporate restructuring, including a merger, acquisi-
tion, or consolidation; 
‘‘(B) a new corporate entity succeeds to the in-
terests and obligations of the original petitioning 
employer and the terms and conditions of employ-
ment remain the same except for the identity of the 
petitioner; or 
‘‘(C) the nonimmigrant worker begins working 
at a new place of employment for which the peti-
tioner has secured a valid, certified Labor Condition 
Application before the nonimmigrant worker began 
working at such place of employment.’’. 
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(b) DEFERENCE
TO PRIOR APPROVALS.—Section 
214(c) of such Act, as amended by subsection (a) and sec-
tion 101, is further amended by adding at the end the 
following: 
‘‘(15) If the Secretary of Homeland Security or the 
Secretary of State approves a visa, petition, or application 
for admission on behalf of an alien described in subpara-
graph (H)(i)(b) or (L) of section 101(a)(15), the Sec-
retary of Homeland Security or the Secretary of State 
may not deny a subsequent petition, visa, or application 
for admission involving the same employer and alien un-
less the applicant is provided with a written finding that 
explains the basis for the Government’s determination 
that— 
‘‘(A) there was a material error with regard to 
the approval of the previous petition, visa, or appli-
cation for admission; 
‘‘(B) a substantial change in circumstances has 
taken place since the prior approval or admission 
that renders the nonimmigrant ineligible for such 
status under this Act; or 
‘‘(C) new material information has been discov-
ered that adversely impacts the eligibility of the em-
ployer or the nonimmigrant.’’. 
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(c) EFFECT OF ENDING EMPLOYMENT RELATION-
SHIP.—Section 214(n) of such Act (8 U.S.C. 1184(n)) is 
amended by adding at the end the following: 
‘‘(3) A nonimmigrant admitted under section 
101(a)(15)(H)(i)(b) whose employment relationship ends 
(either voluntarily or involuntarily) before the expiration 
of the nonimmigrant’s period of authorized admission 
shall be deemed to have retained such legal status 
throughout the 60-day period beginning on such employ-
ment ending date if an employer files a petition to extend, 
change, or adjust the status of the nonimmigrant during 
such period.’’. 
SEC. 103. DEFINITIONS. 
(a) INTENDING IMMIGRANT.—Section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)) is 
amended by adding at the end the following: 
‘‘(53)(A) The term ‘intending immigrant’ means, 
with respect to the number of aliens employed by an em-
ployer, an alien who intends to work and reside perma-
nently in the United States, as evidenced by— 
‘‘(i) a pending or approved application for a 
labor certification filed for such alien by a covered 
employer; or 
‘‘(ii) a pending or approved immigrant status 
petition filed for such alien by a covered employer. 
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‘‘(B) In this paragraph: 
‘‘(i) The term ‘covered employer’ means an em-
ployer that has filed immigrant status petitions for 
not fewer than 90 percent of current employees who 
were the beneficiaries of applications for labor cer-
tification that were approved during the 1-year pe-
riod ending 6 months before the filing of an applica-
tion or petition for which the number of intending 
immigrants is relevant. 
‘‘(ii) The term ‘immigrant status petition’ 
means a petition filed under paragraph (1), (2), or 
(3) of section 203(b). 
‘‘(iii) The term ‘labor certification’ means an 
employment certification under section 212(a)(5)(A). 
‘‘(C) Notwithstanding any other provision of law— 
‘‘(i) for all calculations of the number of aliens 
admitted pursuant to subparagraph (H)(i)(b) or (L) 
of paragraph (15), including calculations for the 
purposes set forth in section 203(i), an intending 
immigrant shall be counted as an alien lawfully ad-
mitted for permanent residence and shall not be 
counted as an employee admitted pursuant to such 
a subparagraph; and 
‘‘(ii) for all determinations of the number of 
employees or United States workers employed by an 
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employer, all of the employees in any group treated 
as a single employer under subsection (b), (c), (m), 
or (o) of section 414 of the Internal Revenue Code 
of 1986 shall be counted. 
‘‘(54) The term ‘STEM’ means the academic and 
professional disciplines of science (excluding social 
sciences), technology, engineering, and mathematics.’’. 
(b) H–1B DEPENDENT EMPLOYERS; EXEMPT H–1B 
NONIMMIGRANTS.—Section 212(n) of the Immigration 
and Nationality Act (8 U.S.C. 1182(n)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (E)— 
(i) in clause (i), by striking ‘‘(as de-
fined in paragraph (4))’’; and 
(ii) by striking clause (ii) and insert-
ing the following: 
‘‘(ii) Except as provided in clause (iii), an appli-
cation described in this clause is an application filed 
by— 
‘‘(I) an H–1B-dependent employer; or 
‘‘(II) an employer that has been found 
under paragraph (2)(C) or (5) to have com-
mitted a willful failure or misrepresentation 
during the 5-year period preceding the filing of 
the application. 
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‘‘(iii)(I) Except as provided in subclause (II), 
an application is not described in clause (ii) if the 
only H–1B nonimmigrants sought in the application 
are exempt H–1B nonimmigrants. 
‘‘(II) Subclause (I) shall not apply if the em-
ployer has more than 50 employees and more than 
50 percent of the employer’s employees are H–1B 
nonimmigrants.’’; 
(2) in paragraph (2)(F)— 
(A) by inserting ‘‘(i)’’ before ‘‘Subject’’; 
and 
(B) by adding at the end the following: 
‘‘(ii) The Director of U.S. Citizenship and Immigra-
tion Services shall provide the Secretary of Labor with any 
information contained in the materials submitted by em-
ployers of H–1B nonimmigrants as part of the petition 
adjudication process that indicates that the employer is 
not complying with visa program requirements for H–1B 
nonimmigrants. The Secretary may initiate and conduct 
an investigation and hearing under this paragraph after 
receiving information of noncompliance under this sub-
paragraph.’’; and 
(3) in paragraph (3)— 
(A) by amending subparagraph (A) to read 
as follows: 
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‘‘(A)(i) For purposes of this subsection, the term ‘H– 
1B-dependent employer’ means an employer that— 
‘‘(I) in the case of an employer that has 25 or 
fewer full-time equivalent employees who are em-
ployed in the United States, employs more than 7 
H–1B nonimmigrants; 
‘‘(II) in the case of an employer that has at 
least 26 but not more than 50 full-time equivalent 
employees who are employed in the United States, 
employs more than 12 H–1B nonimmigrants; or 
‘‘(III) in the case of an employer that has at 
least 51 full-time equivalent employees who are em-
ployed in the United States, employs H–1B non-
immigrants in a number that is equal to at least 15 
percent of the number of such full-time equivalent 
employees. 
‘‘(ii) In determining the number of employees who are 
H–1B nonimmigrants under subparagraph (A), an intend-
ing immigrant employee shall not count toward such num-
ber.’’; and 
(B) in subparagraph (B)— 
(i) by amending clause (i) to read as 
follows: 
‘‘(i) the term ‘exempt H–1B nonimmigrant’ 
means an H–1B nonimmigrant who— 
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‘‘(I) receives wages (including cash bo-
nuses) at an annual rate equal to not less than 
the higher of— 
‘‘(aa) 105 percent of the occupational 
mean wage, as determined based on Bu-
reau of Labor Statistics data for the geo-
graphic area of employment; or 
‘‘(bb) $100,000 (or the adjusted 
amount under clause (iii), if applicable); or 
‘‘(II) has attained a doctoral degree from 
an institution of higher education (as defined in 
section 101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a))) in the United States 
in a specialty related to the intended employ-
ment;’’; 
(ii) in clause (ii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) the amount under clause (i)(I)(bb) shall 
be increased, for the third fiscal year beginning after 
the date of the enactment of this clause and for 
every third fiscal year thereafter, by the percentage 
(if any) by which the Consumer Price Index for the 
month of June preceding the date on which such in-
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crease takes effect exceeds the Consumer Price 
Index for the same month of the third preceding cal-
endar year.’’. 
SEC. 104. STRENGTHENING THE PREVAILING WAGE SYS-
TEM. 
Section 212(p) of the Immigration and Nationality 
Act (8 U.S.C. 1182(p)) is amended— 
(1) in paragraph (4), by adding at the end the 
following: ‘‘With regard to the prevailing wage re-
quired to be paid under subsections (a)(5)(A), 
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) (as added by 
section 402(b)(2) of Public Law 108–77), the first 
level of wages shall be not less than the mean of the 
lowest 50 percent of the wages surveyed.’’; and 
(2) by adding at the end the following: 
‘‘(5) An employer may use an independent survey ap-
proved by the Secretary of Labor for purposes of this sec-
tion. The Secretary shall approve such a survey if— 
‘‘(A) the survey was published during the most 
recent 2-year period; 
‘‘(B) the survey has not been duplicated since 
its initial publication; 
‘‘(C) the data upon which the survey is based 
was collected during the 2-year period ending on the 
date on which the survey was published; 
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‘‘(D) the survey reflects the area of intended 
employment; 
‘‘(E) the employer’s job description adequately 
matches the job description in the survey; 
‘‘(F) the survey is across industries that employ 
workers in the occupation; 
‘‘(G) the wage determination is based on the 
arithmetic mean (weighted average); and 
‘‘(H) the survey identifies a statistically valid 
methodology that was used to collect the data.’’. 
SEC. 105. SCHEDULE A STUDY. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Labor, in cooperation with 
the Office of Foreign Labor Certification, shall— 
(1) submit to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary 
of the House of Representatives the results of a 
study to determine whether the occupations listed in 
Schedule A (20 C.F.R. 656.5) should be modified or 
expanded; and 
(2) if the study determines that Schedule A 
should be modified or expanded, publish a notice of 
proposed rulemaking in the Federal Register. 
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TITLE II—EMPLOYMENT-BASED 
IMMIGRANT VISAS 
SEC. 201. ENSURING THE ISSUANCE OF ALL PREFERENCE 
EMPLOYMENT-BASED IMMIGRANT VISAS. 
(a) BACKLOG REDUCTION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, beginning in fiscal year 2018, the 
number of employment-based immigrant visas that 
shall be issued under paragraph (1), (2), or (3) of 
section 203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)) shall be increased by the 
number computed under paragraph (2). 
(2) NUMBER AVAILABLE.— 
(A) IN GENERAL.—The number computed 
under this paragraph is— 
(i) the greater of— 
(I) the number of preference im-
migrant visas computed under section 
201(d)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1151(d)(1)) 
for fiscal years 1992 to 2013 that 
were not issued to any preference im-
migrant for any of those fiscal years; 
or 
(II) 200,000; minus 
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(ii) the number described in subpara-
graph (B). 
(B) REDUCTION.—The number described 
in subparagraph (A)(i) shall be reduced, for 
each fiscal year after fiscal year 2017, by the 
cumulative number of immigrant visas issued 
for previous fiscal years pursuant to the in-
crease authorized under paragraph (1). 
(C) CONSTRUCTION.— 
(i) IN
GENERAL.—Nothing in this 
paragraph may be construed as affecting 
the application of section 201(c)(3)(C) of 
the Immigration and Nationality Act (8 
U.S.C. 1151(c)(3)(C)) with regard to im-
migrant visas other than the visas author-
ized by the increase computed under sub-
paragraph (A). 
(ii) LIMITATION.—The visas author-
ized by the increase computed under sub-
paragraph (A) may only be issued to aliens 
seeking immigrant visas pursuant to para-
graph (1), (2), or (3) of section 203(b) of 
the Immigration and Nationality Act (8 
U.S.C. 1153(b)). 
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(b) PREFERENCE IMMIGRATION AS DIRECTED BY 
CONGRESS.—Section 201(c)(1)(B)(ii) of the Immigration 
and Nationality Act (8 U.S.C. 1151(c)(1)(B)(ii)) is 
amended to read as follows: 
‘‘(ii) The number computed under subparagraph (A) 
shall not be less than the sum of— 
‘‘(I) 226,000; plus 
‘‘(II) the number computed under paragraph 
(3).’’. 
(c) ENSURING
FULL
IMPLEMENTATION.—Section 
203(g) of the Immigration and Nationality Act (8 U.S.C. 
1153(g)) is amended by striking ‘‘(g) LISTS.—For pur-
poses of carrying out’’ and inserting the following: 
‘‘(g) ADMINISTRATION.— 
‘‘(1) OBLIGATION TO ISSUE ALL AUTHORIZED 
VISAS.— 
‘‘(A) IN
GENERAL.—The Secretary of 
State, in coordination with the Secretary of 
Homeland Security, shall administer this sec-
tion in a manner that ensures that all immi-
grant visas authorized by Congress to be issued 
under this section are issued to qualified appli-
cants. 
‘‘(B) NOTICE.—Not later than June 1 of 
each fiscal year, the Secretary of State shall 
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publish a notice in the Federal Register that 
describes the steps that the Government is tak-
ing to comply with subparagraph (A). 
‘‘(2) LISTS.—In order to carry out’’. 
(d) FACILITATING ISSUANCE
OF VISAS.—Section 
245(a) of the Immigration and Nationality Act (8 U.S.C. 
1255(a)) is amended by adding at the end the following: 
‘‘For purposes of paragraph (3), an immigrant visa is 
deemed to be immediately available if any visa number al-
located under this Act to preference immigrants described 
in section 203(b) has not yet been issued for that fiscal 
year.’’. 
SEC. 202. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 
LIMITATION. 
(a) IN GENERAL.—Section 201(b)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(b)(1)) is 
amended by adding at the end the following: 
‘‘(F) Aliens who are the spouse or a child of an 
alien admitted as an employment-based immigrant 
under subsection (b) or (i) of section 203. 
‘‘(G) Aliens who have earned a master’s or 
higher degree in a field listed on the STEM Des-
ignated Degree Program List published by the De-
partment of Homeland Security on the Student and 
Exchange Visitor Program website from an institu-
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tion of higher education (as defined in section 
101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a))) in the United States. 
‘‘(H) Aliens for whom a petition for an employ-
ment-based immigrant visa under paragraph (A) or 
(B) of section 203(b)(1) has been approved.’’. 
(b) CONFORMING AMENDMENTS.—Section 203(b) of 
the Immigration and Nationality Act (8 U.S.C. 1153(b)) 
is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘28.6 percent’’ and 
inserting ‘‘12 percent’’; 
(2) in paragraph (2)(A), by striking ‘‘28.6 per-
cent’’ and inserting ‘‘36.9 percent’’; and 
(3) in paragraph (3)(A), by striking ‘‘28.6 per-
cent’’ and inserting ‘‘36.9 percent’’. 
SEC. 203. INCREASED PORTABILITY. 
Section 204(j) of the Immigration and Nationality 
Act (8 U.S.C. 1154(j)) is amended to read as follows: 
‘‘(j) JOB FLEXIBILITY FOR LONG DELAYED APPLI-
CANTS FOR ADJUSTMENT OF STATUS TO PERMANENT 
RESIDENCE.—A petition filed under subsection (a)(1)(F) 
for an individual who has filed an application for adjust-
ment of status pursuant to section 245 or has been grant-
ed conditional permanent resident status pursuant to sec-
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tion 216B and has had 3 annual reviews of such status 
approved, shall remain valid with respect to a new job if 
the individual changes jobs or employers if the new job 
is in the same or a similar occupational classification as 
the job for which the petition was filed.’’. 
SEC. 204. ADJUSTMENT OF STATUS FOR EMPLOYMENT- 
BASED IMMIGRANTS. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended— 
(1) in subsection (c)— 
(A) by striking ‘‘to (1) an alien’’ and in-
serting the following: ‘‘to— 
‘‘(1) an alien’’; 
(B) by striking ‘‘(2) subject’’ and inserting 
the following: 
‘‘(2) subject’’; 
(C) by striking ‘‘(3) any alien’’ and insert-
ing the following: 
‘‘(3) any alien’’; 
(D) by striking ‘‘(4) an alien’’ and insert-
ing the following: 
‘‘(4) an alien’’; 
(E) by striking ‘‘(5) an alien’’ and insert-
ing the following: 
‘‘(5) an alien’’; 
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(F) by striking ‘‘section 101(a)(15)(S), (6) 
an alien’’ and inserting the following: ‘‘section 
101(a)(15)(S); 
‘‘(6) an alien’’; 
(G) by striking ‘‘(7) any alien’’ and insert-
ing the following: 
‘‘(7) any alien’’; 
(H) in paragraph (7), by inserting ‘‘or 
203(i)’’ after ‘‘203(b)’’; and 
(I) by striking ‘‘status; or (8) any alien’’ 
and inserting the following: ‘‘status; or 
‘‘(8) any alien’’; and 
(2) by adding at the end the following: 
‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOYMENT- 
BASED IMMIGRANTS.— 
‘‘(1) PETITION.—Any alien, and any eligible de-
pendent of such alien, who has an approved petition 
for immigrant status, may file an application with 
the Secretary of Homeland Security for adjustment 
of status regardless of whether an immigrant visa is 
immediately available at the time the application is 
filed. 
‘‘(2) SUPPLEMENTAL FEE.—If a visa is not im-
mediately available at the time an application is filed 
under paragraph (1), the beneficiary of such applica-
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tion shall pay a supplemental fee of $500, which 
shall be deposited into the Promoting American In-
genuity Account established under section 286(w). 
This fee shall not be collected from any dependent 
accompanying or following to join such beneficiary. 
‘‘(3) AVAILABILITY.—An application filed under 
this subsection may not be approved until the date 
on which an immigrant visa becomes available.’’. 
SEC. 
205. 
EMPLOYMENT-BASED 
CONDITIONAL 
IMMI-
GRANTS. 
(a) WORLDWIDE LEVEL.—Section 201(a) of the Im-
migration and Nationality Act (8 U.S.C. 1151) is amend-
ed— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) for fiscal year 2019 and each subsequent 
fiscal year, conditional employment-based immi-
grants described in section 203(i) in a number not 
to exceed 35,000 for any fiscal year.’’. 
(b) REQUIREMENTS.—Section 203 of the Immigra-
tion and Nationality Act (8 U.S.C. 1153) is amended— 
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(1) in subsection (d), by striking ‘‘or (c)’’ and 
inserting ‘‘(c), or (i)’’; 
(2) in subsection (e)— 
(A) by redesignating paragraph (3) as 
paragraph (4); and 
(B) by inserting after paragraph (2) the 
following: 
‘‘(3) Immigrant visa numbers made available under 
subsection (i) shall be issued to eligible immigrants in a 
manner and order established by the Secretary of Home-
land Security, by regulations, in accordance with the re-
quirements under such subsection.’’; 
(3) in subsection (f)— 
(A) by striking ‘‘his’’ and inserting ‘‘the 
alien’s’’; 
(B) by striking ‘‘or (c) of this section’’ and 
inserting ‘‘(c), or (i)’’; and 
(C) by striking ‘‘he’’ and inserting ‘‘the 
consular officer’’; 
(4) in subsection (g)(2), as amended by section 
202(c), by striking ‘‘and (c)’’ and inserting ‘‘(c), and 
(i)’’; and 
(5) by adding at the end the following: 
‘‘(i) 
CONDITIONAL
EMPLOYMENT-BASED
IMMI-
GRANTS.— 
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‘‘(1) 
AUTHORIZATION.—Conditional 
employ-
ment-based immigrant visas shall be made available 
in a number not to exceed 35,000 for each fiscal 
year, to any eligible alien (including any non-
immigrant lawfully residing in the United States) 
who— 
‘‘(A) has earned a university degree; 
‘‘(B) has received an offer of employment 
from a United States employer that has com-
plied with the requirements under section 
204(a)(1)(M); and 
‘‘(C) will satisfy the requirements for im-
migrant classification under paragraph (1), (2), 
or (3) of subsection (b). 
‘‘(2) DEPARTURE
NOT
REQUIRED.—The Sec-
retary of Homeland Security may not require a non-
immigrant who is lawfully residing in the United 
States to leave the United States in order to obtain 
a conditional employment-based immigrant visa 
under paragraph (1).’’. 
(c) PETITIONING PROCEDURE.— 
(1) IN GENERAL.—Section 204(a)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1154(a)(1)) 
is amended— 
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(A) in subparagraph (F), by striking ‘‘sec-
tion 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 
203(b)(3)’’ and inserting ‘‘paragraph (1)(B), 
(1)(C), (2), or (3) of section 203(b) or section 
203(i)’’; 
(B) by moving subparagraph (L) 4 ems to 
the left; and 
(C) by adding at the end the following: 
‘‘(M) Each employer petitioning for a conditional em-
ployment-based immigrant visa on behalf of an alien under 
this subsection, or seeking to hire a conditional employ-
ment-based immigrant who was previously admitted— 
‘‘(i) shall file a petition with the Secretary of 
Homeland Security attesting that— 
‘‘(I) the alien will be paid not less than a 
similarly situated United States worker; 
‘‘(II) no United States worker has been or 
will be displaced by the alien; 
‘‘(III) the employer has undertaken re-
cruitment efforts to hire United States workers, 
in the alien’s same occupation or a similar occu-
pation, who possess a bachelor’s degree or high-
er, including at least 3 types of targeted re-
cruiting efforts, such as job fairs, on-campus 
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recruiting, or job postings that attract appli-
cants; and 
‘‘(IV) the employer is in compliance with 
the requirements under clauses (ii) through 
(vii); 
‘‘(ii) shall be prepared to document all recruit-
ment efforts attested to under clause (i)(III), if au-
dited by the Secretary; 
‘‘(iii) shall fully participate in the E-Verify Pro-
gram established under section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note); 
‘‘(iv) shall pay, for each petition filed under 
clause (i), a $10,000 fee, which shall be deposited 
into the Promoting American Ingenuity Account es-
tablished under section 286(w); 
‘‘(v) shall pay an administrative fee in an 
amount that is sufficient to cover the average paper-
work processing and other administrative costs of an 
alien participating in the program established under 
this subsection; 
‘‘(vi) may not be an H–1B-dependent employer 
(as defined in section 212(n)(3)(A)); and 
‘‘(vii) may not be debarred from any existing 
immigration program.’’. 
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(2) ADJUDICATION
OF
PETITIONS.—The Sec-
retary of Homeland Security shall adjudicate all pe-
titions filed under section 204(a)(1)(M)(i) of the Im-
migration and Nationality Act, as added by para-
graph (1), not later than 60 days after receiving 
such petitions. 
(d) LABOR CERTIFICATION BASED ON PRIOR COM-
PETITIVE RECRUITMENT.— 
(1) IN GENERAL.—Section 212(a)(5)(A)(ii) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(5)(A)(ii)) is amended— 
(A) in the clause heading, by inserting 
‘‘FOR
SPECIAL
RECRUITMENT
AND
DOCU-
MENTATION PROCEDURES’’ after ‘‘RULE’’; 
(B) in subclause (I), by striking ‘‘, or’’ and 
inserting a semicolon; 
(C) in subclause (II), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(D) by adding at the end the following: 
‘‘(III) is a conditional permanent 
resident under section 216B and re-
ceives wages (including cash bonuses) 
at an annual rate equal to not less 
than $100,000.’’. 
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(2) INFLATION
ADJUSTMENT.—The amount 
specified in section 212(a)(5)(A)(ii)(III) of the Im-
migration and Nationality Act, as added by para-
graph (1), shall be increased, on the first day of the 
third fiscal year beginning after the date of the en-
actment of this Act, and on the first day of every 
third fiscal year thereafter, by the percentage (if 
any) by which the Consumer Price Index for the 
month of June preceding the date on which such in-
crease takes effect exceeds the Consumer Price 
Index for the same month of the third preceding cal-
endar year. 
(e) CONDITIONAL PERMANENT RESIDENCY.— 
(1) IN GENERAL.—Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et 
seq.) is amended by inserting after section 216A the 
following: 
‘‘SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS 
FOR CERTAIN HIGHLY SKILLED PROFES-
SIONALS, SPOUSES, AND CHILDREN. 
‘‘(a) IN GENERAL.— 
‘‘(1) CONDITIONAL BASIS FOR STATUS.—Not-
withstanding any other provision of this Act, a con-
ditional employment-based immigrant (as described 
in section 203(i)), and the alien spouse and alien 
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children of such immigrant, shall each be provided 
the status of an alien lawfully admitted for perma-
nent residence, and shall be considered to have ob-
tained such status on a conditional basis subject to 
the provisions of this section. 
‘‘(2) NOTICE OF REQUIREMENTS.—At the time 
a conditional employment-based immigrant, or the 
alien spouse or child of such immigrant, obtains per-
manent resident status on a conditional basis, the 
Secretary of Homeland Security shall notify such 
immigrant, spouse, or child of— 
‘‘(A) the provisions of this section; 
‘‘(B) the requirements for maintaining 
such conditional permanent resident status; and 
‘‘(C) the requirements to have the condi-
tional basis of such status removed. 
‘‘(b) ANNUAL REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall annually review the status of each 
alien receiving conditional permanent resident status 
under subsection (a) and shall require from the alien 
proof or evidence of— 
‘‘(A) ongoing employment in the occupa-
tion for which the alien was granted a condi-
tional employment-based visa by an employer 
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that has complied with the requirements under 
section 204(a)(1)(M); 
‘‘(B) the payment of all applicable income 
and Social Security taxes; 
‘‘(C) at the first annual review— 
‘‘(i) a filing with the Department of 
Labor on the alien’s behalf of an Applica-
tion for Permanent Employment Certifi-
cation, if such certification is required for 
the alien to satisfy the requirements for 
immigrant classification under paragraph 
(1), (2), or (3) of section 203(b); or 
‘‘(ii) a filing with the Department of 
Homeland Security on the alien’s behalf of 
an Immigrant Petition for Alien Worker, if 
such certification is not required for the 
alien to satisfy the requirements for immi-
grant classification under paragraph (1), 
(2), or (3) of section 203(b); 
‘‘(D) at the second annual review, a filing 
with the Department of Homeland Security on 
the alien’s behalf of an Immigrant Petition for 
Alien Worker, unless a pending Application for 
Permanent Employment Certification prevents 
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the filing of an Immigrant Petition for Alien 
Worker on the alien’s behalf; and 
‘‘(E) at the third and subsequent annual 
reviews, an approval from the Department of 
Homeland Security of an Immigrant Petition 
for Alien Worker filed on the alien’s behalf. 
‘‘(2) EFFECT OF DENIAL.—A filing with the 
Department of Labor on the alien’s behalf of an Ap-
plication for Permanent Employment Certification 
or a filing with the Department of Homeland Secu-
rity on the alien’s behalf of an Immigrant Petition 
for Alien Worker shall not qualify as proof or evi-
dence under paragraph (1) if— 
‘‘(A) the Application for Permanent Em-
ployment Certification or the Immigrant Peti-
tion for Alien Worker has been denied by a 
final agency action; or 
‘‘(B) an approved Immigrant Petition for 
Alien Worker filed on the alien’s behalf was re-
voked for cause under section 205. 
‘‘(c) TRANSFERS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an alien receiving conditional permanent 
resident status under subsection (a) may begin em-
ployment with a new employer without affecting his 
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or her status if the new employer complies with the 
requirements set forth in section 204(a)(1)(M). 
‘‘(2) 
FEE.—Notwithstanding 
section 
204(a)(1)(M), the fee payable by the new employer 
for each alien shall be— 
‘‘(A) $10,000 if the new employer hires the 
alien during the 1-year period beginning on the 
date on which the alien obtained conditional 
permanent resident status under subsection (a); 
‘‘(B) $5,000 if the new employer hires the 
alien during the 1-year period beginning at the 
end of the period described in subparagraph 
(A); 
‘‘(C) $2,500 if the new employer hires the 
alien during the 1-year period beginning at the 
end of the period described in subparagraph 
(B); and 
‘‘(D) zero if the new employer hires the 
alien after the end of the period described in 
subparagraph (C). 
‘‘(d) TERMINATION.—The Secretary of Homeland 
Security shall terminate the conditional permanent resi-
dent status of an alien who received such status under 
subsection (a) if— 
‘‘(1) the alien— 
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‘‘(A) fails to submit the required proof or 
evidence at the annual review in accordance 
with subsection (b); or 
‘‘(B) submits proof or evidence at such a 
review that fails to satisfy the requirements 
under subsection (b); 
‘‘(2) the alien has been unemployed or em-
ployed other than in the occupation for which the 
alien was granted a conditional employment-based 
immigrant visa for a cumulative total of 180 days 
while holding conditional permanent resident status 
under subsection (a); 
‘‘(3) the alien is employed by an employer that 
is not in compliance with the requirements under 
section 204(a)(1)(M); 
‘‘(4) the alien does not apply to remove the con-
ditions attached to his or her permanent resident 
status within 1 year after an immigrant visa would 
be available for such alien under paragraph (1), (2), 
or (3) of section 203(b) based on the alien’s pref-
erence category and country of chargeability if the 
alien did not have conditional permanent resident 
status; or 
‘‘(5) an application submitted by the alien to 
remove the conditions attached to his or her perma-
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nent resident status is denied in a final agency ac-
tion. 
‘‘(e) REMOVAL OF CONDITIONS.—Any alien receiving 
conditional permanent resident status under subsection 
(a) may file an application to have the conditions removed 
on or after the date on which an immigrant visa would 
be available for such alien under paragraph (1), (2), or 
(3) of section 203(b) based on the alien’s preference cat-
egory and country of chargeability if the alien did not have 
conditional permanent resident status. Such application 
shall include the same proof or evidence that would be re-
quired for an annual review under subsection (b) if such 
review occurred on the date on which the application was 
filed.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 note) is amended by inserting after the 
item relating to section 216A the following: 
‘‘Sec. 216B. Conditional permanent resident status for certain highly skilled 
professionals, spouses, and children.’’. 
TITLE III—STUDENT VISAS 
SEC. 301. AUTHORIZATION OF DUAL INTENT. 
(a) DEFINITION.—Section 101(a)(15)(F)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(F)(i)) is amended by striking ‘‘which he has 
no intention of abandoning’’. 
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(b) PRESUMPTION OF STATUS; INTENTION TO ABAN-
DON FOREIGN RESIDENCE.—Section 214 of such Act (8 
U.S.C. 1184) is amended— 
(1) in subsection (b), by striking ‘‘(L) or (V)’’ 
and inserting ‘‘(F), (L), or (V)’’; and 
(2) in subsection (h), by striking ‘‘(H)(i)(b) or 
(c)’’ and inserting ‘‘(F), (H)(i)(b), (H)(i)(c)’’. 
TITLE IV—STEM EDUCATION 
AND WORKER TRAINING 
SEC. 401. PROMOTING AMERICAN INGENUITY ACCOUNT. 
Section 286 of the Immigration and Nationality Act 
(8 U.S.C. 1356) is amended by adding at the end the fol-
lowing: 
‘‘(w) 
PROMOTING
AMERICAN
INGENUITY
AC-
COUNT.— 
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account, 
which shall be known as the ‘Promoting American 
Ingenuity Account’. There shall be deposited into the 
account any fees collected under sections 245(n)(2) 
and 204(a)(1)(M)(iv). Amounts deposited into the 
account shall remain available to the Secretary of 
Education until expended. 
‘‘(2) PURPOSES.—The purposes of the Pro-
moting American Ingenuity Account are to enhance 
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the economic competitiveness of the United States 
by— 
‘‘(A) strengthening academic achievement 
standards in science, technology, engineering, 
and mathematics (STEM), including computer 
science, at all levels; 
‘‘(B) ensuring that schools have access to 
well-trained and effective STEM teachers 
through improved strategies for the recruit-
ment, training, placement, and retention of 
teachers in STEM fields, including computer 
science; 
‘‘(C) supporting efforts to strengthen the 
elementary and secondary STEM curriculum, 
including efforts to make courses in computer 
science more broadly available; 
‘‘(D) helping colleges and universities 
produce more graduates in fields needed by 
American employers, including assistance for 
students in postsecondary STEM programs; 
‘‘(E) improving availability of and access 
to STEM-related worker training programs, in-
cluding community college-based courses and 
programs; 
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‘‘(F) providing employment-based STEM 
education and training programs, including ap-
prenticeship programs; and 
‘‘(G) carrying out other activities approved 
by the Secretary of Education to improve 
STEM education and training. 
‘‘(3) ALLOCATION OF FUNDS.— 
‘‘(A) NATIONAL
ACTIVITIES.—The Sec-
retary of Education may reserve up to 2 per-
cent of the amounts deposited into the Pro-
moting American Ingenuity Account for na-
tional research, development, demonstration, 
evaluation, and dissemination activities carried 
out directly or through grants, contracts, or co-
operative agreements, including— 
‘‘(i) activities undertaken jointly with 
other Federal agencies, such as STEM 
mission agencies; and 
‘‘(ii) grants to nonprofit organizations 
for nationally significant activities con-
sistent with the purposes of the Immigra-
tion Innovation Act of 2018. 
‘‘(B) AMERICAN DREAM ACCOUNTS.— 
‘‘(i) GRANTS AUTHORIZED.—The Sec-
retary of Education shall allocate 5 percent 
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of the amounts deposited into the Pro-
moting American Ingenuity Account to 
award grants, on a competitive basis, to el-
igible entities to enable such entities to es-
tablish and administer American Dream 
Accounts. 
‘‘(ii) PURPOSE OF ACCOUNTS.—Amer-
ican Dream Accounts shall be personal, on-
line accounts for low-income students, who 
are, at the time of application, attending a 
grade not higher than ninth grade, that in-
clude a college savings account, monitor 
progress toward higher education, and pro-
vide opportunities, including mentoring— 
‘‘(I) to gain financial literacy 
skills; 
‘‘(II) to learn about preparing for 
enrollment in an institution of higher 
education; and 
‘‘(III) to identify career interests. 
‘‘(iii) PRIORITY.—The Secretary shall 
give priority to applicants that dem-
onstrate one or more of the following: 
‘‘(I) An intention to focus on 
STEM education and careers. 
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‘‘(II) The ability to serve a large 
number of low-income students. 
‘‘(III) In the case of eligible enti-
ties described in subclause (I) or (II) 
of clause (iv), the provision of oppor-
tunities for students to participate in 
a dual or concurrent enrollment pro-
gram or early college high school pro-
gram at no cost to the student or to 
the student’s family. 
‘‘(iv) ELIGIBLE ENTITIES.—An eligi-
ble entity may be a partnership of two or 
more of the following entities: 
‘‘(I) A State educational agency. 
‘‘(II) A local educational agency, 
including a charter school that oper-
ates as its own educational agency. 
‘‘(III) A charter management or-
ganization or charter school author-
izer. 
‘‘(IV) An institution of higher 
education or a Tribal college or uni-
versity. 
‘‘(V) A nonprofit organization. 
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‘‘(VI) An organization with dem-
onstrated experience in educational 
savings or in preparing low-income 
students for higher education. 
‘‘(v) REPORTS AND EVALUATIONS.— 
Not later than 1 year after the date on 
which the Secretary of Education disburses 
grants under this Act, and annually there-
after until each grant disbursed under this 
Act has ended, the Secretary shall prepare 
and submit a report to the appropriate 
committees of Congress, which shall in-
clude an evaluation of the effectiveness of 
the grant program established under this 
Act, including in building financial capa-
bility. 
‘‘(vi) ELIGIBILITY TO RECEIVE FED-
ERAL STUDENT FINANCIAL AID.—Notwith-
standing any other provision of law, any 
funds that are in the college savings ac-
count portion of a student’s American 
Dream Account— 
‘‘(I) shall not affect such stu-
dent’s eligibility to receive Federal 
student financial aid, including any 
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Federal student financial aid under 
the Higher Education Act of 1965 (20 
U.S.C. 1001 et seq.); and 
‘‘(II) shall not be considered in 
determining the amount of any such 
Federal student aid. 
‘‘(vii) RULEMAKING.—The Secretary 
of Education shall promulgate regulations, 
through notice and comment rulemaking in 
compliance with section 553 of title 5, 
United States Code, to implement the 
American 
Dream 
Account 
competitive 
grant program authorized under this sub-
paragraph. The Secretary shall issue a no-
tice of proposed rulemaking in the Federal 
Register not later than 1 year after the 
date of the enactment of this subsection. 
‘‘(C) ALLOCATIONS TO STATES.— 
‘‘(i) IN GENERAL.—Subject to clause 
(iii), the Secretary of Education, after 
making the allocations under subpara-
graphs (A) and (B), shall proportionately 
allocate the remaining amount deposited 
into the Promoting American Ingenuity 
Account in each fiscal year to each State 
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that submits an application under subpara-
graph (D) in an amount that bears the 
same 
relationship 
to 
such 
remaining 
amount as the amount the State received 
under subpart 2 of part A of title I of the 
Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6331 et seq.) for the 
preceding fiscal year bears to the amount 
all States received under that subpart for 
the preceding fiscal year. 
‘‘(ii) AUTHORIZED USE OF STATE AL-
LOCATIONS.—Of the amount each State 
receives under clause (i) in each fiscal 
year, the State shall allocate— 
‘‘(I) 50 percent for the activities 
described in subparagraphs (A), (B), 
(C), (D), and (G) of paragraph (2); 
and 
‘‘(II) 50 percent for the activities 
described in subparagraphs (E), (F), 
and (G) of paragraph (2). 
‘‘(iii) MINIMUM ALLOCATIONS.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), no State 
shall receive less than 0.5 percent of 
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the total amount made available to all 
States under this subparagraph from 
the Promoting American Ingenuity 
Account. 
‘‘(II) 
REALLOCATION.—If 
a 
State does not submit an application 
in accordance with subparagraph (D) 
in a fiscal year, the Secretary of Edu-
cation shall reallocate the State’s allo-
cation to the remaining States in ac-
cordance with this subsection. 
‘‘(D) STEM EDUCATION GRANT APPLICA-
TION PROCESS.— 
‘‘(i) APPLICATION.—Each State desir-
ing to receive an allocation from the Pro-
moting American Ingenuity Account shall 
submit an application to the Secretary of 
Education at such time, in such form, and 
including such information as the Sec-
retary may prescribe. The application shall 
describe how the State plans to improve 
STEM education and training to meet the 
needs of employers in the State, in accord-
ance with paragraph (2). 
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‘‘(ii) APPROVAL.—The Secretary of 
Education shall approve any application 
submitted under clause (i) that meets the 
requirements prescribed by the Secretary if 
the Secretary determines, after evaluating 
the recommendations of peer reviewers, 
that the State’s plan for the use of funds 
would be successful in making progress to-
ward meeting the purposes set forth in 
paragraph (2). 
‘‘(4) FEDERAL FUNDS TO SUPPLEMENT, NOT 
SUPPLANT, NON-FEDERAL FUNDS.— 
‘‘(A) IN
GENERAL.—A State educational 
agency or local educational agency shall use 
Federal funds received under this subsection 
only to supplement the funds that would, in the 
absence of such Federal funds, be made avail-
able from State and local sources for the edu-
cation of students participating in programs as-
sisted under this part, and not to supplant such 
funds. 
‘‘(B) COMPLIANCE.—To demonstrate com-
pliance with this paragraph, a local educational 
agency shall demonstrate that the methodology 
used to allocate State and local funds to each 
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school receiving assistance under this part en-
sures that such school receives all of the State 
and local funds it would otherwise receive if it 
were not receiving assistance under this sub-
section. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this subsection may be construed to author-
ize or permit the Secretary of Education to pre-
scribe the specific methodology a local edu-
cation agency uses to allocate State and local 
funds to each school receiving assistance under 
this subsection.’’. 
SEC. 402. NATIONAL EVALUATION. 
(a) IN GENERAL.—Using amounts reserved under 
section 286(w)(3)(A) of the Immigration and Nationality 
Act, as added by section 402, the Secretary of Education 
shall conduct, directly or through a grant or contract, an 
annual evaluation of the implementation and impact of the 
activities funded by the Promoting American Ingenuity 
Account. 
(b) ANNUAL REPORT.—The Secretary shall submit 
a report describing the results of each evaluation con-
ducted under subsection (a) to— 
(1) the President; 
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(2) the Committee on the Judiciary of the Sen-
ate; 
(3) the Committee on the Judiciary of the 
House of Representatives; 
(4) the Committee on Health, Education, 
Labor, and Pensions of the Senate; and 
(5) the Committee on Education and the Work-
force of the House of Representatives. 
(c) DISSEMINATION.—The Secretary shall make the 
findings of the evaluation widely available to educators, 
the business community, and the public. 
SEC. 403. RULE OF CONSTRUCTION. 
Nothing in this title may be construed to permit the 
Secretary of Education or any other Federal official to ap-
prove the content or academic achievement standards of 
a State. 
TITLE V—REFORMS AFFECTING 
IMMIGRANT 
AND 
NON-
IMMIGRANT VISAS 
SEC. 501. STREAMLINING PETITIONS FOR ESTABLISHED 
EMPLOYERS AND OTHER REQUIREMENTS. 
(a) IN GENERAL.—Section 214(c) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)), as amended by 
titles I and IV, is further amended by adding at the end 
the following: 
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‘‘(16) The Secretary of Homeland Security shall es-
tablish a pre-certification procedure for employers who file 
multiple petitions under this subsection or section 
204(a)(1)(F) that enables an employer— 
‘‘(A) to avoid repeatedly submitting documenta-
tion that is common to multiple petitions; and 
‘‘(B) to establish, through a single filing, cri-
teria relating to the employer and the offered em-
ployment opportunity. 
‘‘(17) The Secretary of Homeland Security shall pro-
mulgate regulations that allow a petitioner to opt to elec-
tronically sign, file, and store any report, form, or sup-
porting document required to be submitted to U.S. Citi-
zenship and Immigration Services.’’. 
(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 petitions filed under 
section 204(a)(1)(F) or 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(F) and 1184(c)) be-
ginning 180 days after such date. 
Æ 
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