I 
112TH CONGRESS 
2D SESSION 
H. R. 6412 
To amend the Immigration and Nationality Act to provide for immigrant 
visas for certain advanced STEM graduates, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2012 
Ms. ZOE LOFGREN of California (for herself, Mr. GUTIERREZ, Mr. GONZALEZ, 
Mr. CONYERS, Mr. GEORGE MILLER of California, Ms. ROYBAL-ALLARD, 
Mr. HINOJOSA, Mrs. NAPOLITANO, Mr. SABLAN, Mr. HONDA, Ms. 
ESHOO, and Ms. MATSUI) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to provide 
for immigrant visas for certain advanced STEM grad-
uates, 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 ‘‘Attracting the Best 
and Brightest Act of 2012’’. 
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SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM 
GRADUATES. 
(a) ADVANCED STEM GRADUATES.—Section 203(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1153(b)) is amended— 
(1) by redesignating paragraph (6) as para-
graph (7); and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) ADVANCED
GRADUATES
IN
SCIENCE, 
TECHNOLOGY, ENGINEERING AND MATHEMATICS.— 
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 201, visas shall be made available, in a 
number not to exceed 50,000, to qualified im-
migrants who— 
‘‘(i) possess a graduate degree at the 
level of master’s or higher in a field of 
science, technology, engineering, or mathe-
matics from a United States research insti-
tution of higher education; 
‘‘(ii) have an offer of employment 
from a United States employer in a field 
related to such degree; 
‘‘(iii) are the subject of an approved 
labor certification as required under sec-
tion 212(a)(5)(A); and 
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‘‘(iv) will receive a wage level from the 
employer that is at least the actual wage 
level paid by the employer to all other indi-
viduals with similar experience and quali-
fications for the specific employment in 
question. 
‘‘(B) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) 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. 
‘‘(ii) The term ‘United States research 
institution of higher education’ ‘’ means an 
institution in the United States that— 
‘‘(I) 
is 
described 
in 
section 
101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a)); 
‘‘(II) is classified by the Director 
of the National Science Foundation as 
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a research institution or as otherwise 
excelling at instruction in a field of 
science, technology, engineering, or 
mathematics; 
‘‘(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-
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 agency recognized by the Sec-
retary of Education.’’. 
(b) UNUSED
VISAS; LIMITATION
TO
FOREIGN 
STATES.— 
(1) UNUSED VISAS.—Section 203(b)(1) of such 
Act (8 U.S.C. 1153(b)(1)) is amended by striking 
‘‘(4) and (5)’’ and inserting ‘‘(4), (5) and (6)’’. 
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(2) LIMITATION
TO
ANY
SINGLE
FOREIGN 
STATE.—Section 202(a)(5)(A) of such Act (8 U.S.C. 
1152(a)(5)(A)) is amended by striking ‘‘or (5)’’ and 
inserting ‘‘(5), or (6)’’. 
(c) 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 ‘‘or 203(b)(3)’’ and inserting 
‘‘203(b)(3), or 203(b)(6)’’; and 
(2) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’. 
(d) 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; 
(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 (as defined in 
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section 
203(b)(6)(B)(i)) 
from 
a 
United States research institution of 
higher education (as defined in section 
203(b)(6)(B)(ii)).’’; 
(B) by redesignating clauses (iii) and (iv) 
as clauses (iv) and (v), respectively; and 
(C) by inserting after clause (ii) the fol-
lowing: 
‘‘(iii) 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 
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-
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cial websites of all State workforce 
agencies on a single webpage of the 
official website of the Department of 
Labor.’’; and 
(2) in subparagraph (D), by striking ‘‘(2) or 
(3)’’ and inserting ‘‘(2), (3), or (6)’’. 
(e) FURTHER PROTECTING AMERICAN WORKERS.— 
Section 212(p) of such Act (8 U.S.C. 1182(p)) is amended 
by adding at the end the following: 
‘‘(5) To satisfy the requirement under section 
203(b)(6)(A)(iv), an employer must demonstrate 
that the total amount of compensation to be paid to 
the alien (including health insurance, stock options, 
and other benefits provided by the employer) must 
meet or exceed the total amount of compensation 
paid by the employer to all other employees with 
similar experience and qualifications working in the 
same occupational classification.’’. 
(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)(ii)(II) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(6)(B)(ii)(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 section 203(b)(6) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)(6)), 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; SUNSET.— 
(1) 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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(2) SUNSET.—The amendments made by sub-
sections (a) through (e) shall be repealed after the 
2-year period beginning on the date of the enact-
ment of this Act. 
SEC. 3. STUDENT VISA REFORM. 
(a) IN GENERAL.—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 ‘‘an alien hav-
ing a residence in a foreign country which he has no inten-
tion of abandoning, who is a bona fide student qualified 
to pursue a full course of study and who’’ and inserting 
‘‘an alien who is a bona fide student qualified to pursue 
a full course of study, who (except for a student qualified 
to pursue a full course of study in a field of science, tech-
nology, engineering, or mathematics (as defined in section 
203(b)(6)(B)(i)) at an institution of higher education) has 
a residence in a foreign country which the alien has no 
intention of abandoning, and who’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 214(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(b)) is amended by 
striking ‘‘(other than a nonimmigrant’’ and inserting 
‘‘(other than a nonimmigrant described in section 
101(a)(15)(F)) if the alien is qualified to pursue a 
full course of study in a field of science, technology, 
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engineering, or mathematics (as defined in section 
203(b)(6)(B)(i)) at an institution of higher edu-
cation, other than a nonimmigrant’’. 
(2) Section 214(h) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(h)) is amended by in-
serting ‘‘(F) (if the alien is qualified to pursue a full 
course of study in a field of science, technology, en-
gineering, or mathematics (as defined in section 
203(b)(6)(B)(i)) at an institution of higher edu-
cation),’’ before ‘‘H(i)(b)’’. 
SEC. 4. AGE-OUT PROTECTIONS FOR CHILDREN. 
Section 101(b)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1101(b)) is amended by adding at the end 
the following— 
‘‘(H) RULES FOR DETERMINING AGE OF A 
CHILD.— 
‘‘(i) 
IMMIGRANT
PETITIONS.—Not-
withstanding any other provision of the 
Act, a determination of whether an alien is 
a child for the purposes of a petition under 
sections 204 and 209 shall be made using 
the age of the alien on the date on which 
the petition is filed with the Secretary of 
Homeland Security. 
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‘‘(ii) 
CHILD
OF
U.S. 
CITIZEN 
FIANCE´.—A determination of whether an 
alien is a child for the purposes of a peti-
tion under section 214 or an application 
for adjustment of status under section 
245(d) shall be made using the age of the 
alien on the date on which the petition is 
filed with the Secretary of Homeland Secu-
rity to classify the alien’s parent as the 
fiance´ of a U.S. citizen.’’. 
SEC. 5. 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 
family- or employment-based petition shall be the 
date of filing of the petition with the Secretary of 
Homeland Security (or the Secretary of State, if ap-
plicable), unless the filing of the petition was pre-
ceded by the filing of a labor certification with the 
Secretary of Labor, in which case that date shall 
constitute the priority date. 
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‘‘(2) SUBSEQUENT FAMILY- AND EMPLOYMENT- 
BASED PETITIONS.—Subject to subsection (h)(3), an 
alien who— 
‘‘(A) is the beneficiary of any family-based 
petition that was approvable when filed (includ-
ing self-petitioners) shall retain the priority 
date assigned with respect to that petition in 
the consideration of any subsequently filed fam-
ily-based petition (including self-petitions); or 
‘‘(B) is the beneficiary of any employment- 
based petition that was approvable when filed 
(including self-petitioners) shall retain the pri-
ority date assigned with respect to that petition 
in the consideration of any subsequently filed 
employment-based petition (including self-peti-
tions).’’. 
(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. 
Æ 
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