tional 
basis 
or 
otherwise) 
under 
section 
203(b)(8)(A)(i)(I) of this title. 
‘‘(2) The term ‘alien spouse’ and the term ‘alien 
child’ mean an alien who obtains the status of an 
alien lawfully admitted for permanent residence 
(whether on a conditional basis or otherwise) by vir-
tue of being the spouse or child, respectively, of an 
alien entrepreneur. 
‘‘(3) The term ‘commercial enterprise’ includes a 
limited partnership.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents for such Act is amended by inserting 
after the item relating to section 216A the fol-
lowing: 
‘‘Sec. 216B. Conditional permanent resident status for certain alien entre-
preneurs, spouses, and children.’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2013, and shall apply 
with respect to fiscal years beginning on or after such date. 
SEC. 103. ADDITIONAL EMPLOYMENT-BASED IMMIGRANT 
VISAS. 
(a) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IM-
MIGRANTS.—Section 201(d)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1151(d)(1)(A)), as amended by 
section 101, is further amended by striking ‘‘195,000’’ and 
inserting ‘‘235,000’’. 
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(b) PRIORITY WORKERS.—Section 203(b)(1) of such 
Act (8 U.S.C. 1153(b)(1)) is amended by striking ‘‘28.6 per-
cent of such worldwide level,’’ and inserting ‘‘40,040,’’. 
(c) ALIENS WHO ARE MEMBERS OF THE PROFES-
SIONS HOLDING ADVANCED DEGREES OR ALIENS OF EX-
CEPTIONAL ABILITY.—Section 203(b)(2)(A) of such Act (8 
U.S.C. 1153(b)(2)(A)) is amended by striking ‘‘28.6 percent 
of such worldwide level,’’ and inserting ‘‘55,040,’’. 
(d) SKILLED WORKERS, PROFESSIONALS, AND OTHER 
WORKERS.—Section 203(b)(3)(A) of such Act (8 U.S.C. 
1153(b)(3)(A)) is amended by striking ‘‘28.6 percent of such 
worldwide level,’’ and inserting ‘‘55,040,’’. 
(e) 
CERTAIN
SPECIAL
IMMIGRANTS.—Section 
203(b)(4) of such Act (8 U.S.C. 1153(b)(4)) is amended by 
striking ‘‘7.1 percent of such worldwide level,’’ and insert-
ing ‘‘9,940,’’. 
(f) EMPLOYMENT CREATION.—Section 203(b)(5)(A) of 
such Act (8 U.S.C. 1153(b)(5)(A)) is amended by striking 
‘‘7.1 percent of such worldwide level,’’ and inserting 
‘‘9,940,’’. 
(g) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2013, and shall apply 
with respect to fiscal years beginning on or after such date. 
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(h) ADJUSTMENT
OF STATUS
FOR EMPLOYMENT- 
BASED IMMIGRANTS.—Section 245 of such Act (8 U.S.C. 
1255) is amended by adding at the end the following: 
‘‘(n) ADJUSTMENT
OF STATUS
FOR EMPLOYMENT- 
BASED IMMIGRANTS.— 
‘‘(1) PETITION.—An alien who has status under 
subparagraph (H)(i)(b), (L), or (O)(i) of section 
101(a)(15) or who has status under subparagraph (F) 
or (M) of such section and who has received optional 
practical training after completion of the alien’s 
course of study, and any eligible dependents of such 
alien, who has filed a petition or on whose behalf a 
petition has been filed for immigrant status pursuant 
to subparagraph (E), (F), (G), or (H) of section 
204(a)(1), may concurrently, or at any time there-
after, file an application with the Secretary of Home-
land Security for adjustment of status if such petition 
has been approved, regardless of whether an immi-
grant visa is immediately available at the time the 
application is filed. 
‘‘(2) AVAILABILITY.—An application filed pursu-
ant to paragraph (1) may not be approved until the 
date on which an immigrant visa becomes available.’’. 
SEC. 104. EMPLOYMENT CREATION IMMIGRANT VISAS. 
(a) CHANGES TO THE GENERAL PROGRAM.— 
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(1) CAPITAL.—Section 203(b)(5)(C) of the Immi-
gration and Nationality Act (8 U.S.C. 1153(b)(5)(C)) 
is amended by adding at the end the following: 
‘‘(iv) CAPITAL
DEFINED.—For pur-
poses of this paragraph, the term ‘capital’ 
does not include any assets acquired, di-
rectly or indirectly, by unlawful means.’’. 
(2) INFLATION ADJUSTMENT.—Such section, as 
amended by paragraph (1), is further amended by 
adding at the end the following: 
‘‘(v) INFLATION ADJUSTMENT.— 
‘‘(I) INITIAL ADJUSTMENT.—As of 
the date of enactment of the SKILLS 
Visa Act, the amount specified in the 
first sentence of clause (i) shall be in-
creased by the percentage (if any) by 
which the Consumer Price Index for 
the month preceding such enactment 
date exceeds the Consumer Price Index 
for the same month of calendar year 
1990. The increase described in the 
preceding sentence shall apply to aliens 
filing 
petitions 
under 
section 
204(a)(1)(H) on or after such enact-
ment date. 
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‘‘(II) 
SUBSEQUENT
ADJUST-
MENTS.—Effective for the first fiscal 
year that begins more than 6 months 
after the date of the enactment of this 
clause, and for each fiscal year there-
after, the amount described in sub-
clause (I) (as of the last increase to 
such amount) shall be increased by the 
percentage (if any) by which the Con-
sumer Price Index for the month of 
June preceding the date on which such 
increase takes effect exceeds the Con-
sumer Price Index for the same month 
of the preceding calendar year. An in-
crease described in the preceding sen-
tence shall apply to aliens filing peti-
tions under section 204(a)(1)(H) on or 
after the date on which the increase 
takes effect. 
‘‘(III) DEFINITION.—For purposes 
of this clause, the term ‘Consumer 
Price Index’ means the Consumer Price 
Index for all urban consumers pub-
lished by the Department of Labor.’’. 
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(3) FLEXIBILITY FOR JOB CREATION TIME PE-
RIOD.— 
(A) REMOVAL OF CONDITIONAL BASIS IF FA-
VORABLE
DETERMINATION.—Section 
216A(c)(3)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1186b(c)(3)(B)), is amended 
to read as follows: 
‘‘(B) REMOVAL OR EXTENSION OF CONDI-
TIONAL BASIS.— 
‘‘(i) IN GENERAL.—Except as provided 
under clause (ii), if the Secretary of Home-
land Security determines that such facts 
and information are true, including dem-
onstrating that the alien complied with sec-
tion (d)(1)(B)(i), the Secretary shall so no-
tify the alien involved and shall remove the 
conditional basis of the alien’s status effec-
tive as of the second anniversary of the 
alien’s lawful admission for permanent resi-
dence. 
‘‘(ii) EXCEPTION.—If the petition dem-
onstrates that the facts and information are 
true, including demonstrating that the alien 
is in compliance with section (d)(1)(B)(ii), 
then the Secretary of Homeland Security 
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