I 
113TH CONGRESS 
1ST SESSION H. R. 2131 
To amend the Immigration and Nationality Act to enhance American competi-
tiveness through the encouragement of high-skilled immigration, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2013 
Mr. ISSA (for himself, Mr. GOODLATTE, Mr. SMITH of Texas, Mr. COBLE, Mr. 
ROKITA, Mr. POE of Texas, Mr. FARENTHOLD, Mr. HOLDING, Mr. SEN-
SENBRENNER, Mr. THOMPSON of Pennsylvania, Mr. CAMPBELL, Mr. 
CHABOT, Mr. BACHUS, Mr. HANNA, Mr. CALVERT, Mr. FRANKS of Ari-
zona, and Mr. TERRY) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
Education and the Workforce, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to enhance 
American competitiveness through the encouragement of 
high-skilled immigration, 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 ‘‘Supplying Knowledge- 
based Immigrants and Lifting Levels of STEM Visas Act’’ 
or the ‘‘SKILLS Visa Act’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—IMMIGRANT VISA REFORMS 
Sec. 101. Immigrant visas for certain advanced STEM graduates. 
Sec. 102. Immigrant visas for entrepreneurs. 
Sec. 103. Additional employment-based immigrant visas. 
Sec. 104. Employment creation immigrant visas. 
Sec. 105. Family-sponsored immigrant visas. 
Sec. 106. Elimination of diversity immigrant program. 
Sec. 107. Numerical limitation to any single foreign state. 
Sec. 108. Physicians. 
Sec. 109. Permanent priority dates. 
TITLE II—NONIMMIGRANT VISA REFORMS 
Sec. 201. H–1B visas. 
Sec. 202. L visas. 
Sec. 203. O visas. 
Sec. 204. Mexican and Canadian professionals. 
Sec. 205. Students. 
Sec. 206. Extension of employment eligibility while visa extension petition pend-
ing. 
Sec. 207. Fraud detection and prevention fee. 
Sec. 208. Technical correction. 
TITLE III—REFORMS AFFECTING BOTH IMMIGRANT AND 
NONIMMIGRANT VISAS 
Subtitle A—STEM Education Funding 
Sec. 301. Funding for STEM education and training. 
Sec. 302. Promoting American Ingenuity Account. 
Sec. 303. STEM education grant application process. 
Sec. 304. Authorized activities. 
Sec. 305. National evaluations. 
Sec. 306. Rule of construction. 
Subtitle B—Other Reforms 
Sec. 311. Prevailing wages. 
Sec. 312. Streamlining petitions for established employers. 
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TITLE I—IMMIGRANT VISA 
REFORMS 
SEC. 101. IMMIGRANT VISAS FOR CERTAIN ADVANCED 
STEM GRADUATES. 
(a) WORLDWIDE LEVEL OF IMMIGRATION.—Section 
201(d)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1151(d)(1)(A)) is amended by striking ‘‘140,000,’’ 
and inserting ‘‘140,000 in fiscal years through 2013 and 
195,000 beginning in fiscal year 2014, reduced for any 
fiscal year beginning in fiscal year 2014 by the number 
by which the number of visas under section 201(e) would 
have been reduced in that year pursuant to section 203(d) 
of the Nicaraguan Adjustment and Central American Re-
lief Act (8 U.S.C. 1151 note) if section 201(e) had not 
been repealed by section 106 of the SKILLS Visa Act,’’. 
(b) 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 (9); and 
(2) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) ALIENS
HOLDING
DOCTORATE
DEGREES 
FROM
U.S. DOCTORAL
INSTITUTIONS
OF
HIGHER 
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EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEER-
ING, OR MATHEMATICS.— 
‘‘(A) IN GENERAL.—Visas shall be made 
available, in a number not to exceed 55,000, re-
duced for any fiscal year by the number by 
which the number of visas under section 201(e) 
would have been reduced in that year pursuant 
to section 203(d) of the Nicaraguan Adjust-
ment and Central American Relief Act (8 
U.S.C. 1151 note) if section 201(e) had not 
been repealed by section 106 of the SKILLS 
Visa Act, plus any visas not required for the 
classes specified in paragraph (1), to qualified 
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, or have 
successfully completed a dental, medical, or 
veterinary residency program (within the 
summary group of residency programs in 
the Department of Education’s Classifica-
tion of Instructional Programs taxonomy), 
have received a medical degree (MD) in a 
program that prepares individuals for the 
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independent professional practice of medi-
cine (series 51.12 in the Department of 
Education’s Classification of Instructional 
Programs taxonomy), have received a den-
tistry degree (DDS, DMD) in a program 
that prepares individuals for the inde-
pendent professional practice of dentistry/ 
dental medicine (series 51.04 in the De-
partment of Education’s Classification of 
Instructional Programs taxonomy), have 
received a veterinary degree (DVM) in a 
program that prepares individuals for the 
independent professional practice of veteri-
nary medicine (series 51.24 in the Depart-
ment of Education’s Classification of In-
structional Programs taxonomy), or have 
received an osteopathic medicine/osteop-
athy degree (DO) in a program that pre-
pares individuals for the independent pro-
fessional practice of osteopathic medicine 
(series 51.19 in the Department of Edu-
cation’s Classification of Instructional Pro-
grams taxonomy) from an institution that 
is described in subclauses (I), (III), and 
(IV) of subparagraph (B)(iii); and 
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‘‘(ii) have taken all courses required 
for such degrees, including all courses 
taken by correspondence (including courses 
offered by telecommunications) or by dis-
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, 
biological and biomedical sciences, mathe-
matics and statistics, physical sciences, 
and the series geography and cartography 
(series 45.07), advanced/graduate dentistry 
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and oral sciences (series 51.05) and nurs-
ing (series 51.16). 
‘‘(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-
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, 
2013, 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- 
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granting universities with a very high 
or high level of research activity; 
‘‘(III) has been in existence for 
at least 10 years; and 
‘‘(IV) 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 
be deemed satisfied with respect to an em-
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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 classes specified in paragraphs (1) and 
(6) shall be made available to the classes 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) 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 
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by distance education, while physically 
present in the United States; and 
‘‘(iii) hold a baccalaureate degree in a 
field of science, technology, engineering, or 
mathematics. 
‘‘(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), 
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. 
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‘‘(C) DEFINITIONS.—The definitions in 
paragraph (6)(B) shall apply for purposes of 
this paragraph.’’. 
(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 ‘‘para-
graph (1),’’ and inserting ‘‘paragraphs (1), (6), and (7),’’. 
(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 ‘‘para-
graphs (1) and (2),’’ and inserting ‘‘paragraphs (1), (2), 
(6), and (7),’’. 
(e) 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.’’. 
(f) 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)’’. 
(g) GAO STUDY.—Not later than June 30, 2019, 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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(h) 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. 
(i) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2014, and shall 
apply with respect to fiscal years beginning on or after 
such date. Nothing in the preceding sentence shall be con-
strued to prohibit the Secretary of Homeland Security 
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from accepting before such date petitions under section 
204(a)(1)(F) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(F)) relating to alien beneficiaries quali-
fying under paragraph (6) or (7) of section 203(b) of such 
Act (8 U.S.C. 1153(b)) (as added by this section). 
SEC. 102. IMMIGRANT VISAS FOR ENTREPRENEURS. 
(a) PREFERENCE ALLOCATION FOR EMPLOYMENT- 
BASED IMMIGRANTS.—Section 203(b) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)) is amended by in-
serting after paragraph (7) (as added by section 101 of 
this Act) the following: 
‘‘(8) ALIEN ENTREPRENEURS.— 
‘‘(A) IN GENERAL.—Visas shall be made 
available, in a number not to exceed 10,000, 
plus any visas not required for the classes speci-
fied in paragraphs (1), (2), and (3), to the fol-
lowing classes of aliens: 
‘‘(i) 
VENTURE
CAPITAL-BACKED 
START-UP ENTREPRENEURS.— 
‘‘(I) An alien is described in this 
clause if the alien intends to engage in 
a new commercial enterprise (includ-
ing a limited partnership) in the 
United States— 
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‘‘(aa) with respect to which 
the alien has completed an in-
vestment agreement requiring an 
investment in the enterprise in 
an 
amount 
not 
less 
than 
$500,000, subject to subclause 
(III), on the part of— 
‘‘(AA) a qualified ven-
ture capital operating com-
pany; or 
‘‘(BB) 1 or more quali-
fied 
angel 
investors 
(of 
which at least 1 such inves-
tor is providing $100,000, 
subject to subclause (III), of 
the 
required 
investment); 
and 
‘‘(bb) which will benefit the 
United States economy and, dur-
ing the 2-year period beginning 
on the date on which the visa is 
issued under this paragraph, 
will— 
‘‘(AA) create full-time 
employment for at least 5 
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United States workers with-
in the enterprise; and 
‘‘(BB) raise not less 
than 
an 
additional 
$1,000,000 in capital invest-
ment, subject to subclause 
(III), or generate not less 
than $1,000,000 in revenue, 
subject to subclause (III). 
‘‘(II) DEFINITIONS.—For pur-
poses of this clause: 
‘‘(aa) 
INVESTMENT.—The 
term ‘investment’ does not in-
clude any assets acquired, di-
rectly or indirectly, by unlawful 
means. 
‘‘(bb) QUALIFIED ANGEL IN-
VESTOR.—The 
term 
‘qualified 
angel investor’ means an indi-
vidual who— 
‘‘(AA) is an accredited 
investor (as defined in sec-
tion 230.501(a) of title 17, 
Code of Federal Regulations 
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(as in effect on April 1, 
2010)); 
‘‘(BB) 
is 
a 
United 
States citizen or an alien 
lawfully admitted to the 
United States for permanent 
residence; and 
‘‘(CC) has made at 
least 2 equity investments of 
not less than $50,000 in 
each of the 3 years before 
the date of a petition by the 
qualified immigrant for clas-
sification under this para-
graph. 
‘‘(cc) QUALIFIED
VENTURE 
CAPITAL OPERATING COMPANY.— 
The term ‘qualified venture cap-
ital operating company’ means an 
entity that— 
‘‘(AA) is classified as a 
‘venture capital operating 
company’ 
under 
section 
2510.3–101(d) of title 29, 
Code of Federal Regulations 
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(as in effect on July 1, 
2009); 
‘‘(BB) is based in the 
United States; 
‘‘(CC) is owned and 
controlled by United States 
citizens or aliens lawfully 
admitted 
to 
the 
United 
States for permanent resi-
dence; 
‘‘(DD) has capital com-
mitments of not less than 
$10,000,000; 
‘‘(EE) has been oper-
ating for a period of at least 
2 years before the date of 
the petition for classification 
under this paragraph; and 
‘‘(FF) has made at 
least 2 investments of not 
less than $500,000 in each 
of the 2 years before the 
date of the petition for clas-
sification under this para-
graph. 
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‘‘(III) 
INFLATION
ADJUST-
MENT.—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 amounts described in sub-
clauses (I) and (II) shall be increased 
by the percentage (if any) by which 
the Consumer Price Index for the 
month of June preceding the date on 
which such increase takes effect ex-
ceeds the Consumer Price Index for 
the same month of the preceding cal-
endar year. An increase described in 
the preceding sentence shall apply to 
aliens filing petitions under section 
204(a)(1)(H) on or after the date on 
which the increase takes effect. For 
purposes of this clause, the term 
‘Consumer Price Index’ means the 
Consumer Price Index for all urban 
consumers published by the Depart-
ment of Labor. 
‘‘(ii) 
TREATY
INVESTORS.—Immi-
grants who have been issued a visa or oth-
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erwise provided nonimmigrant status under 
section 101(a)(15)(E)(ii) (not including 
alien employees of the treaty investor) who 
have maintained that status for a min-
imum of 10 years and have benefitted the 
United States economy and created full- 
time employment for not fewer than 5 
United States workers for a minimum of 
10 years. 
‘‘(B) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) The term ‘full-time employment’ 
has the meaning given such term in para-
graph (5). 
‘‘(ii) The term ‘United States worker’ 
means an employee (other than the immi-
grant or the immigrant’s spouse, sons, or 
daughters) who— 
‘‘(I) is a citizen or national of the 
United States; or 
‘‘(II) is an alien who is lawfully 
admitted for permanent residence, is 
admitted as a refugee under section 
207, is granted asylum under section 
208, or is an immigrant otherwise au-
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thorized to be employed in the United 
States.’’. 
(b) PROCEDURES FOR GRANTING IMMIGRANT STA-
TUS.—Section 204(a)(1)(H) of the Immigration and Na-
tionality Act (8 U.S.C. 1154(a)(1)(H)) is amended— 
(1) by striking ‘‘section 203(b)(5)’’ and insert-
ing ‘‘paragraph (5) or (8) of section 203(b)’’; and 
(2) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’. 
(c) CONDITIONAL PERMANENT RESIDENT STATUS.— 
(1) IN GENERAL.— 
(A) CONFORMING AMENDMENTS.—Section 
216A of the Immigration and Nationality Act 
(8 U.S.C. 1186b) is amended— 
(i) in the section heading, by striking 
‘‘ENTREPRENEURS,’’ and inserting ‘‘INVES-
TORS,’’. 
(ii) by striking ‘‘Attorney General’’ 
each place such term appears and inserting 
‘‘Secretary of Homeland Security’’; 
(iii) by striking ‘‘entrepreneur’’ each 
place such term appears and inserting ‘‘in-
vestor’’; and 
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(iv) In subsection (c)(3)(A), by strik-
ing ‘‘the such filing’’ and inserting ‘‘such 
filing’’. 
(B) TABLE OF CONTENTS.—The item re-
lating to section 216A in the table of contents 
of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended to read as fol-
lows: 
‘‘Sec. 216A. Conditional permanent resident status for certain alien investors, 
spouses, and children.’’. 
(2) CONDITIONAL PERMANENT RESIDENT STA-
TUS
FOR
CERTAIN
ALIEN
ENTREPRENEURS, 
SPOUSES, AND CHILDREN.— 
(A) 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 sec-
tion 216A the following: 
‘‘SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS 
FOR 
CERTAIN 
ALIEN 
ENTREPRENEURS, 
SPOUSES, AND CHILDREN. 
‘‘(a) IN GENERAL.— 
‘‘(1) CONDITIONAL BASIS FOR STATUS.—Not-
withstanding any other provision of this Act, an 
alien entrepreneur (as defined in subsection (f)(1) of 
this section), alien spouse, and alien child (as de-
fined in subsection (f)(2) of this section) shall be 
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considered, at the time of obtaining the status of an 
alien lawfully admitted for permanent residence, to 
have obtained such status on a conditional basis sub-
ject to the provisions of this section. 
‘‘(2) NOTICE OF REQUIREMENTS.— 
‘‘(A) AT TIME OF OBTAINING PERMANENT 
RESIDENCE.—At the time an alien entre-
preneur, alien spouse, or alien child obtains per-
manent resident status on a conditional basis 
under paragraph (1), the Secretary of Home-
land Security shall provide for notice to such an 
entrepreneur, spouse, or child respecting the 
provisions of this section and the requirements 
of subsection (c)(1) of this section to have the 
conditional basis of such status removed. 
‘‘(B) AT TIME OF REQUIRED PETITION.— 
In addition, the Secretary of Homeland Secu-
rity shall attempt to provide notice to such an 
entrepreneur, spouse, or child, at or about the 
beginning of the 90-day period described in 
subsection (d)(2)(A) of this section, of the re-
quirements of subsection (c)(1) of this section. 
‘‘(C) EFFECT
OF
FAILURE
TO
PROVIDE 
NOTICE.—The failure of the Secretary of 
Homeland Security to provide a notice under 
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this paragraph shall not affect the enforcement 
of the provisions of this section with respect to 
such an entrepreneur, spouse, or child. 
‘‘(b) TERMINATION OF STATUS IF FINDING THAT 
QUALIFYING ENTREPRENEURSHIP IMPROPER.— 
‘‘(1) IN GENERAL.—In the case of an alien en-
trepreneur with permanent resident status on a con-
ditional basis under subsection (a) of this section, if 
the Secretary of Homeland Security determines, be-
fore the second anniversary of the alien’s obtaining 
the status of lawful admission for permanent resi-
dence, that— 
‘‘(A) the required investment in the com-
mercial 
enterprise 
under 
section 
203(b)(8)(A)(i)(I) was intended solely as a 
means of evading the immigration laws of the 
United States; 
‘‘(B)(i) any requisite capital to be invested 
under section 203(b)(8)(A)(i)(I) had not been 
invested, or was not actively in the process of 
being invested; or 
‘‘(ii) the alien was not sustaining the ac-
tions described in clause (i) throughout the pe-
riod of the alien’s residence in the United 
States; or 
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‘‘(C) the alien was otherwise not con-
forming 
to 
the 
requirements 
of 
section 
203(b)(8)(A)(i); 
then the Secretary of Homeland Security shall so 
notify the alien involved and, subject to paragraph 
(2), shall terminate the permanent resident status of 
the alien (and the alien spouse and alien child) in-
volved as of the date of the determination. 
‘‘(2) HEARING IN REMOVAL PROCEEDING.—Any 
alien whose permanent resident status is terminated 
under paragraph (1) may request a review of such 
determination in a proceeding to remove the alien. 
In such proceeding, the burden of proof shall be on 
the Secretary of Homeland Security to establish, by 
a preponderance of the evidence, that a condition de-
scribed in paragraph (1) is met. 
‘‘(c) REQUIREMENTS
OF TIMELY PETITION
AND 
INTERVIEW FOR REMOVAL OF CONDITION.— 
‘‘(1) IN GENERAL.—In order for the conditional 
basis established under subsection (a) of this section 
for an alien entrepreneur, alien spouse, or alien child 
to be removed— 
‘‘(A) the alien entrepreneur must submit 
to the Secretary of Homeland Security, during 
the period described in subsection (d)(2), a peti-
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tion which requests the removal of such condi-
tional basis and which states, under penalty of 
perjury, the facts and information described in 
subsection (d)(1); and 
‘‘(B) in accordance with subsection (d)(3), 
the alien entrepreneur must appear for a per-
sonal interview before an officer or employee of 
the Department of Homeland Security respect-
ing the facts and information described in sub-
section (d)(1). 
‘‘(2) TERMINATION OF PERMANENT RESIDENT 
STATUS FOR FAILURE TO FILE PETITION OR HAVE 
PERSONAL INTERVIEW.— 
‘‘(A) IN GENERAL.—In the case of an alien 
with permanent resident status on a conditional 
basis under subsection (a) of this section, if— 
‘‘(i) no petition is filed with respect to 
the alien in accordance with the provisions 
of paragraph (1)(A); or 
‘‘(ii) unless there is good cause shown, 
the alien entrepreneur fails to appear at 
the interview described in paragraph 
(1)(B) (if required under subsection (d)(3) 
of this section), the Secretary of Homeland 
Security shall terminate the permanent 
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resident status of the alien (and the alien’s 
spouse and children if it was obtained on 
a conditional basis under this section or 
section 216A) as of the second anniversary 
of the alien’s lawful admission for perma-
nent residence. 
‘‘(B) 
HEARING
IN
REMOVAL
PRO-
CEEDING.—In any removal proceeding with re-
spect to an alien whose permanent resident sta-
tus is terminated under subparagraph (A), the 
burden of proof shall be on the alien to estab-
lish compliance with the conditions of subpara-
graphs (A) and (B) of paragraph (1). 
‘‘(3) DETERMINATION
AFTER
PETITION
AND 
INTERVIEW.— 
‘‘(A) IN GENERAL.—If— 
‘‘(i) a petition is filed in accordance 
with the provisions of paragraph (1)(A); 
and 
‘‘(ii) the alien entrepreneur appears at 
any interview described in paragraph 
(1)(B); 
the Secretary of Homeland Security shall make 
a determination, within 90 days of the date of 
such filing or interview (whichever is later), as 
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to whether the facts and information described 
in subsection (d)(1) and alleged in the petition 
are true with respect to the qualifying commer-
cial enterprise. 
‘‘(B) REMOVAL OR EXTENSION OF CONDI-
TIONAL BASIS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), if the Secretary of 
Homeland Security determines that such 
facts and information are true, including 
demonstrating that the alien complied with 
subsection (d)(1)(B)(i), the Secretary shall 
so notify the alien involved and shall re-
move the conditional basis of the alien’s 
status effective as of the second anniver-
sary of the alien’s lawful admission for 
permanent residence. 
‘‘(ii) EXCEPTION.—If the petition 
demonstrates that the facts and informa-
tion are true, including demonstrating that 
the alien is in compliance with section 
(d)(1)(B)(ii), then the Secretary of Home-
land Security may, in the Secretary’s dis-
cretion, extend the conditional status for 
an additional year at the end of which— 
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‘‘(I) the alien must file a petition 
within 30 days after the third anni-
versary of the alien’s lawful admission 
for 
permanent 
residence 
dem-
onstrating that the alien complied 
with subsection (d)(1)(B)(i) and the 
Secretary shall remove the conditional 
basis of the alien’s status effective as 
of such third anniversary; or 
‘‘(II) the conditional status shall 
terminate. 
‘‘(C) DETERMINATION IF ADVERSE DETER-
MINATION.—If the Secretary of Homeland Se-
curity determines that such facts and informa-
tion are not true, the Secretary shall so notify 
the alien involved and, subject to subparagraph 
(D), shall terminate the permanent resident 
status of an alien entrepreneur, alien spouse, or 
alien child as of the date of the determination. 
‘‘(D) 
HEARING
IN
REMOVAL
PRO-
CEEDING.—Any alien whose permanent resident 
status is terminated under subparagraph (C) 
may request a review of such determination in 
a proceeding to remove the alien. In such pro-
ceeding, the burden of proof shall be on the 
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Secretary of Homeland Security to establish, by 
a preponderance of the evidence, that the facts 
and information described in subsection (d)(1) 
of this section and alleged in the petition are 
not true with respect to the qualifying commer-
cial enterprise. 
‘‘(d) DETAILS OF PETITION AND INTERVIEW.— 
‘‘(1) CONTENTS OF PETITION.—Each petition 
under subsection (c)(1)(A) shall contain facts and 
information demonstrating that— 
‘‘(A)(i) any requisite capital to be invested 
under section 203(b)(8)(A)(i)(I) had been in-
vested, or was actively in the process of being 
invested; and 
‘‘(ii) the alien sustained the actions de-
scribed in clause (i) throughout the period of 
the alien’s residence in the United States; 
‘‘(B)(i) the alien created the employment 
required 
under 
section 
203(b)(8)(A)(i)(I)(bb)(AA); or 
‘‘(ii) the alien is actively in the process of 
creating the employment required under section 
203(b)(8)(A)(i)(I)(bb)(AA) and will create such 
employment before the third anniversary of the 
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alien’s lawful admission for permanent resi-
dence; and 
‘‘(C) the alien is otherwise conforming to 
the requirements of section 203(b)(8)(A)(i). 
‘‘(2) PERIOD FOR FILING PETITION.— 
‘‘(A) 90-DAY PERIOD BEFORE SECOND AN-
NIVERSARY.—Except as provided in subpara-
graph (B), the petition under subsection 
(c)(1)(A) of this section must be filed during 
the 90-day period before the second anniversary 
of the alien’s lawful admission for permanent 
residence. 
‘‘(B) 
DATE
PETITIONS
FOR
GOOD 
CAUSE.—Such a petition may be considered if 
filed after such date, but only if the alien estab-
lishes to the satisfaction of the Secretary of 
Homeland Security good cause and extenuating 
circumstances for failure to file the petition 
during the period described in subparagraph 
(A). 
‘‘(C) FILING OF PETITIONS DURING RE-
MOVAL.—In the case of an alien who is the sub-
ject of removal hearings as a result of failure 
to file a petition on a timely basis in accordance 
with subparagraph (A), the Secretary of Home-
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land Security may stay such removal pro-
ceedings against an alien pending the filing of 
the petition under subparagraph (B). 
‘‘(3) PERSONAL
INTERVIEW.—The interview 
under subsection (c)(1)(B) shall be conducted within 
90 days after the date of submitting a petition under 
subsection (c)(1)(A) and at a local office of the De-
partment of Homeland Security, designated by the 
Secretary of Homeland Security, which is convenient 
to the parties involved. The Secretary, in the Sec-
retary’s discretion, may waive the deadline for such 
an interview or the requirement for such an inter-
view in such cases as may be appropriate. 
‘‘(e) TREATMENT
OF PERIOD
FOR PURPOSES
OF 
NATURALIZATION.—For purposes of title III, in the case 
of an alien who is in the United States as a lawful perma-
nent resident on a conditional basis under this section, the 
alien shall be considered to have been admitted as an alien 
lawfully admitted for permanent residence and to be in 
the United States as an alien lawfully admitted to the 
United States for permanent residence. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘alien entrepreneur’ means an 
alien who obtains the status of an alien lawfully ad-
mitted for permanent residence (whether on a condi-
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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 
IMMIGRANTS.—Section 201(d)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1151(d)(1)(A)), as amend-
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ed by section 101, is further amended by striking 
‘‘195,000’’ and inserting ‘‘235,000’’. 
(b) PRIORITY WORKERS.—Section 203(b)(1) of such 
Act (8 U.S.C. 1153(b)(1)) is amended by striking ‘‘28.6 
percent 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) of such Act (8 
U.S.C. 1153(b)(2)) 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) of such Act (8 
U.S.C. 1153(b)(3)) 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)(3)) is amended 
by striking ‘‘7.1 percent of such worldwide level,’’ and in-
serting ‘‘9,940,’’. 
(f) EMPLOYMENT CREATION.—Section 203(b)(5) of 
such Act (8 U.S.C. 1153(b)(4)) 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 
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apply with respect to fiscal years beginning on or after 
such date. 
SEC. 104. EMPLOYMENT CREATION IMMIGRANT VISAS. 
(a) CHANGES TO THE GENERAL PROGRAM.— 
(1) CAPITAL.—Section 203(b)(5)(C) of the Im-
migration 
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 speci-
fied in the first sentence of clause (i) 
shall be increased 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 
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calendar year 1990. The increase de-
scribed in the preceding sentence shall 
apply to aliens filing petitions under 
section 204(a)(1)(H) on or after such 
enactment date. 
‘‘(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 
Consumer Price Index for the month 
of June preceding the date on which 
such increase takes effect exceeds the 
Consumer Price Index for the same 
month of the preceding calendar year. 
An increase described in the preceding 
sentence shall apply to aliens filing 
petitions under section 204(a)(1)(H) 
on or after the date on which the in-
crease takes effect. 
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‘‘(III) DEFINITION.—For pur-
poses of this clause, the term ‘Con-
sumer Price Index’ means the Con-
sumer Price Index for all urban con-
sumers published by the Department 
of Labor.’’. 
(3) FLEXIBILITY FOR JOB CREATION TIME PE-
RIOD.— 
(A) REMOVAL OF CONDITIONAL BASIS IF 
FAVORABLE
DETERMINATION.—Section 
216A(c)(3)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1186b(c)(3)(B)), is amend-
ed to read as follows: 
‘‘(B) REMOVAL OR EXTENSION OF CONDI-
TIONAL BASIS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided under clause (ii), if the Secretary of 
Homeland Security determines that such 
facts and information are true, including 
demonstrating that the alien complied with 
section (d)(1)(B)(i), the Secretary shall so 
notify the alien involved and shall remove 
the conditional basis of the alien’s status 
effective as of the second anniversary of 
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the alien’s lawful admission for permanent 
residence. 
‘‘(ii) EXCEPTION.—If the petition 
demonstrates that the facts and informa-
tion are true, including demonstrating that 
the alien is in compliance with section 
(d)(1)(B)(ii), then the Secretary of Home-
land Security may in the Secretary’s dis-
cretion extend the conditional status for an 
additional year at the end of which— 
‘‘(I) the alien must file a petition 
within 30 days after the third anni-
versary of the alien’s lawful admission 
for 
permanent 
residence 
dem-
onstrating that the alien complied 
with section (d)(1)(B)(i) and the Sec-
retary shall remove the conditional 
basis of the alien’s status effective as 
of such third anniversary; or 
‘‘(II) the conditional status shall 
terminate.’’. 
(B) CONTENTS
OF
PETITION.—Section 
216A(d)(1) of such Act (8 U.S.C. 1186b(d)(1)) 
is amended— 
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(i) by striking ‘‘and’’ at the end of 
subparagraph (A); 
(ii) by redesignating subparagraph 
‘‘(B)’’ as subparagraph ‘‘(C)’’; and 
(iii) by inserting after subparagraph 
(A) the following: 
‘‘(B)(i) created the employment required 
under section 203(b)(5)(A)(ii); or 
‘‘(ii) is actively in the process of creating 
the 
employment 
required 
under 
section 
203(b)(5)(A)(ii) and will create such employ-
ment before the third anniversary of the alien’s 
lawful admission for permanent residence; 
and’’. 
(4) TARGETED EMPLOYMENT AREAS.— 
(A) TARGETED
EMPLOYMENT
AREA
DE-
FINED.—Section 203(b)(5)(B)(ii) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)(B)(ii)) is amended by striking ‘‘(of 
at least 150 percent of the national average 
rate)’’. 
(B) SET-ASIDE FOR TARGETED EMPLOY-
MENT AREA.—Section 203(b)(5)(B) of the Im-
migration and Nationality Act (8 U.S.C. 
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1153(b)(5)(B)) is amended by adding at the 
end the following: 
‘‘(iv) DEFINITION.—In this para-
graph, the term ‘an area which has experi-
enced high unemployment’ means an area 
which has an unemployment rate of at 
least 150 of the national average rate. 
Such an area must fit entirely within a 
geographical unit that the Secretary of 
Labor has determined has an unemploy-
ment rate of at least 150 percent of the 
national average rate (and which deter-
mination has not been superseded by a 
later determination in which the Secretary 
of Labor has found that the unit did not 
have an unemployment rate of at least 150 
percent of the national average rate). The 
Secretary of Labor shall set forth a uni-
form methodology for determining whether 
an area an area qualifies as having experi-
enced unemployment of at least 150 per-
cent of the national average rate. It shall 
be within the discretion of the Secretary of 
Homeland Security to determine whether 
any particular area has experienced high 
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unemployment for purposes of this para-
graph, and the Secretary shall not be 
bound by the determination of any other 
governmental or nongovernmental entity 
that a particular area has experienced high 
unemployment for purposes of this para-
graph.’’. 
(b) REGIONAL CENTERS.— 
(1) PERMANENT
REAUTHORIZATION
OF
THE 
REGIONAL CENTER PILOT PROGRAM.—Section 610 
of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appro-
priations Act, 1993 (8 U.S.C. 1153 note) is amend-
ed— 
(A) by striking ‘‘pilot’’ each place such 
term appears; and 
(B) in subsection (b), by striking ‘‘until 
September 30, 2015’’. 
(2) PERSONS BARRED FROM INVOLVEMENT IN 
REGIONAL CENTERS.— 
(A) PROHIBITION.—Such section 610 is 
amended by adding at the end the following: 
‘‘(e)(1) No person who— 
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‘‘(A) has been convicted of an aggravated felony 
(as defined in section 101(a)(43) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(43))); 
‘‘(B) would be inadmissible under section 
212(a)(3) of such Act (8 U.S.C. 1182(a)(3)) if they 
were an alien seeking admission; or 
‘‘(C) has been convicted of violating, or found 
to have violated, a fraud provision of the Federal se-
curities laws (as such term is defined under section 
3 of the Securities Exchange Act of 1934 (15 U.S.C. 
78c)), 
shall be permitted by any regional center to be in-
volved with the regional center as its principal, rep-
resentative, administrator, owner, officer, board 
member, manager, executive, general partner, fidu-
ciary, marketer, promoter, or in other similar posi-
tion of substantive authority for the operations, 
management, or promotion of the regional center. 
‘‘(2) The Secretary of Homeland Security shall re-
quire such attestations and information (including biomet-
ric information), and shall perform such criminal record 
checks and other background checks with respect to a re-
gional center, and persons involved in a regional center 
as described in paragraph (1), as the Secretary, in the 
Secretary’s discretion, considers appropriate to determine 
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whether the regional center is in compliance with para-
graph (1). 
‘‘(3) The Secretary is authorized, in the Secretary’s 
unreviewable discretion, to terminate any regional center 
from the program under this section if the Secretary de-
termines that— 
‘‘(A) the regional center is in violation of para-
graph (1); 
‘‘(B) the regional center, or any person involved 
with the regional center as described in paragraph 
(1), has provided any false attestation or informa-
tion under paragraph (2); or 
‘‘(C) the regional center, or any person involved 
with the regional center as described in paragraph 
(1), fails to provide an attestation or information re-
quested by the Secretary under paragraph (2). 
‘‘(4) For the purpose of this subsection, the 
term ‘regional center’ shall, in addition to the re-
gional center itself, include any commercial enter-
prise or job creating enterprise in which a regional 
center has invested.’’. 
(B) 
COMPLIANCE
WITH
SECURITIES 
LAWS.—Such section 610, as amended by sub-
paragraph (A), is further amended by adding at 
the end the following: 
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‘‘(f)(1) The Secretary of Homeland Security shall not 
approve an application for regional center designation or 
regional center amendment that does not certify that the 
regional center and all parties to the regional center are 
in and will maintain compliance with Federal securities 
laws (as such term is defined under section 3 of the Secu-
rities Exchange Act of 1934 (15 U.S.C. 78c)). 
‘‘(2) The Secretary of Homeland Security shall imme-
diately terminate the designation of any regional center 
that does not provide the certification described in para-
graph (1) on an annual basis. 
‘‘(3) In addition to any other authority provided to 
the Secretary of Homeland Security regarding the pro-
gram described in this section, the Secretary may suspend 
or terminate the designation of any regional center if the 
Secretary determines that the regional center, or any 
party to the regional center: 
‘‘(A) is permanently or temporarily enjoined by 
order, judgment, or decree of any court of competent 
jurisdiction in connection with the purchase or sale 
of a security; 
‘‘(B) is subject to any order of the Securities 
and Exchange Commission that bars such person 
from association with an entity regulated by the Se-
curities and Exchange Commission, or constitutes a 
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final order based on violations in connection with the 
purchase or sale of a security; 
‘‘(C) has been convicted of violating, or found 
to have violated, a fraud provision of the Federal se-
curities laws (as such term is defined under section 
3 of the Securities Exchange Act of 1934 (15 U.S.C. 
78c)); or 
‘‘(D) knowingly submitted or caused to be sub-
mitted a certification described in paragraphs (1) or 
(2) of this subsection that contained an untrue 
statement of material fact, or omitted to state a ma-
terial fact necessary, in order to make the state-
ments made, in light of the circumstances under 
which they were made, not misleading. 
‘‘(4) Nothing in this subsection shall be construed to 
impair or limit the authority of the Securities and Ex-
change Commission under the Federal securities laws. 
‘‘(5) For the purpose of this subsection, the term 
‘party to the regional center’ shall include, in addition to 
the regional center itself, its agents, servants, employees, 
attorneys, or any persons in active concert or participation 
with the regional center.’’. 
(c) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except for the amendments 
made by paragraphs (1) and (2) of subsection (a), 
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the amendments made by subsections (a) and (b) 
shall take effect on the date of the enactment of this 
Act and shall apply— 
(A) to aliens filing petitions under section 
204(a)(1)(H) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)(H)) on or after 
such date; 
(B) to a regional center (and any person 
involved with or a party to a regional center) 
designated before, on, or after such date; and 
(C) to any application to designate a re-
gional center, and any person involved with or 
a party to the regional center, that is pending 
on such date. 
(2) DEFINITION OF ‘‘CAPITAL’’.—The amend-
ment made by subsection (a)(1) shall take effect on 
the date of the enactment of this Act. 
(3) INFLATION ADJUSTMENT.—The amendment 
made by subsection (a)(2) shall take effect as pro-
vided in section 203(b)(5)(C)(v) of the Immigration 
and Nationality Act, as added by subsection (a)(2) 
of this section. 
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SEC. 105. FAMILY-SPONSORED IMMIGRANT VISAS. 
(a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM-
MIGRANTS.—Section 201(c)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(c)(1)) is amended— 
(1) 
in 
subparagraph 
(A)(i), 
by 
striking 
‘‘480,000,’’ and inserting ‘‘480,000 in fiscal years 
through 2013 and 440,000 beginning in fiscal year 
2014,’’; and 
(2) in subparagraph (B)(ii), by striking 
‘‘226,000.’’ and inserting ‘‘226,000 in fiscal years 
through 2013 and 186,000 beginning in fiscal year 
2014.’’. 
(b) PREFERENCE ALLOCATION FOR FAMILY-SPON-
SORED IMMIGRANTS.—Section 203(a)(2) of such Act (8 
U.S.C. 1153(a)(2)) is amended— 
(1) by striking ‘‘114,200,’’ and inserting 
‘‘139,200,’’; 
(2) by striking ‘‘226,000,’’ and inserting 
‘‘226,000 in fiscal years through 2013 and 186,000 
beginning in fiscal year 2014,’’; and 
(3) by striking ‘‘77’’ and inserting ‘‘81.13’’. 
(c) BROTHERS AND SISTERS OF CITIZENS.—Section 
203(a) of such Act (8 U.S.C. 1151(a)) is amended by 
striking paragraph (4). 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2014, and shall 
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apply with respect to fiscal years beginning on or after 
such date. 
SEC. 106. 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)’’. 
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(c) PROCEDURE FOR GRANTING IMMIGRANT STA-
TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend-
ed— 
(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, 2013, and shall 
apply with respect to fiscal years beginning on or after 
such date. 
SEC. 107. NUMERICAL LIMITATION TO ANY SINGLE FOR-
EIGN STATE. 
(a) IN GENERAL.—Section 202(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 
amended— 
(1) in the paragraph heading, by striking ‘‘AND 
EMPLOYMENT-BASED’’; 
(2) by striking ‘‘(3), (4), and (5),’’ and insert-
ing ‘‘(3) and (4),’’; 
(3) by striking ‘‘subsections (a) and (b) of sec-
tion 203’’ and inserting ‘‘section 203(a)’’; 
(4) by striking ‘‘7’’ and inserting ‘‘15’’; and 
(5) by striking ‘‘such subsections’’ and inserting 
‘‘such section’’. 
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(b) CONFORMING AMENDMENTS.—Section 202 of the 
Immigration and Nationality Act (8 U.S.C. 1152) is 
amended— 
(1) in subsection (a)(3), by striking ‘‘both sub-
sections (a) and (b) of section 203’’ and inserting 
‘‘section 203(a)’’; 
(2) by striking subsection (a)(5); and 
(3) by amending subsection (e) to read as fol-
lows: 
‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 
If it is determined that the total number of immigrant 
visas made available under section 203(a) to natives of 
any single foreign state or dependent area will exceed the 
numerical limitation specified in subsection (a)(2) in any 
fiscal year, in determining the allotment of immigrant visa 
numbers to natives under section 203(a), visa numbers 
with respect to natives of that state or area shall be allo-
cated (to the extent practicable and otherwise consistent 
with this section and section 203) in a manner so that, 
except as provided in subsection (a)(4), the proportion of 
the visa numbers made available under each of paragraphs 
(1) through (4) of section 203(a) is equal to the ratio of 
the total number of visas made available under the respec-
tive paragraph to the total number of visas made available 
under section 203(a).’’. 
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(c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 
Chinese Student Protection Act of 1992 (8 U.S.C. 1255 
note) is amended— 
(1) in subsection (a), by striking ‘‘subsection 
(e))’’ and inserting ‘‘subsection (d))’’; and 
(2) by striking subsection (d) and redesignating 
subsection (e) as subsection (d). 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2013. 
SEC. 108. PHYSICIANS. 
(a) PERMANENT AUTHORIZATION OF THE CONRAD 
STATE 30 PROGRAM.—Section 220(c) of the Immigration 
and Nationality Technical Corrections Act of 1994 (Public 
Law 103–416; 8 U.S.C. 1182 note) is amended by striking 
‘‘and before September 30, 2015’’. 
(b) ALLOTMENT OF CONRAD 30 WAIVERS.— 
(1) IN GENERAL.—Section 214(l) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(l)) is 
amended by adding at the end the following: 
‘‘(4)(A)(i) All States shall be allotted a total of 35 
waivers under paragraph (1)(B) for a fiscal year if 90 per-
cent of the waivers available to the States receiving at 
least 5 waivers were used in the previous fiscal year. 
‘‘(ii) When an allocation has occurred under clause 
(i), all States shall be allotted an additional 5 waivers 
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under paragraph (1)(B) for each subsequent fiscal year 
if 90 percent of the waivers available to the States receiv-
ing at least 5 waivers were used in the previous fiscal year. 
If the States are allotted 45 or more waivers for a fiscal 
year, the States will only receive an additional increase 
of 5 waivers the following fiscal year if 95 percent of the 
waivers available to the States receiving at least 1 waiver 
were used in the previous fiscal year. 
‘‘(B) Any increase in allotments under subparagraph 
(A) shall be maintained indefinitely, unless in a fiscal year, 
the total number of such waivers granted is 5 percent 
lower than in the last year in which there was an increase 
in the number of waivers allotted pursuant to this para-
graph, in which case— 
‘‘(i) the number of waivers allotted shall be de-
creased by 5 for all States beginning in the next fis-
cal year; and 
‘‘(ii) each additional 5 percent decrease in such 
waivers granted from the last year in which there 
was an increase in the allotment, shall result in an 
additional decrease of 5 waivers allotted for all 
States, provided that the number of waivers allotted 
for all States shall not drop below 30.’’. 
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(2) ACADEMIC
MEDICAL
CENTERS.—Section 
214(l)(1)(D) of the Immigration and Nationality Act 
(8 U.S.C. 1184(l)(1)(D)) is amended— 
(A) in clause (ii), by striking ‘‘and’’ at the 
end; 
(B) in clause (iii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iv) in the case of a request by an inter-
ested State agency— 
‘‘(I) the head of such agency deter-
mines that the alien is to practice medicine 
in, or be on the faculty of a residency pro-
gram at, an academic medical center (as 
that 
term 
is 
defined 
in 
section 
411.355(e)(2) of title 42, Code of Federal 
Regulations, or similar successor regula-
tion), without regard to whether such facil-
ity is located within an area designated by 
the Secretary of Health and Human Serv-
ices as having a shortage of health care 
professionals; and 
‘‘(II) the head of such agency deter-
mines that— 
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‘‘(aa) the alien physician’s work 
is in the public interest; and 
‘‘(bb) the grant of such waiver 
would not cause the number of the 
waivers granted on behalf of aliens for 
such State for a fiscal year (within 
the limitation in subparagraph (B) 
and subject to paragraph (4)) in ac-
cordance with the conditions of this 
clause to exceed 3.’’. 
(c) EMPLOYMENT PROTECTIONS FOR PHYSICIANS.— 
(1) IN GENERAL.—Section 214(l)(1)(C) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(l)(1)(C)) is amended by striking clauses (i) 
and (ii) and inserting the following: 
‘‘(i) the alien demonstrates a bona fide 
offer of full-time employment, at a health care 
organization, which employment has been deter-
mined by the Secretary of Homeland Security 
to be in the public interest; and 
‘‘(ii) the alien agrees to begin employment 
with the health facility or health care organiza-
tion in a geographic area or areas which are 
designated by the Secretary of Health and 
Human Services as having a shortage of health 
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care professionals by the later of the date that 
is 90 days after receiving such waiver, 90 days 
after completing graduate medical education or 
training under a program approved pursuant to 
section 212(j)(1), or 90 days after receiving 
nonimmigrant status or employment authoriza-
tion, and agrees to continue to work for a total 
of not less than 3 years in any status author-
ized for such employment under this subsection 
unless— 
‘‘(I) the Secretary determines that ex-
tenuating circumstances exist that justify a 
lesser period of employment at such facility 
or organization, in which case the alien 
shall demonstrate another bona fide offer 
of employment at a health facility or 
health care organization, for the remainder 
of such 3-year period; 
‘‘(II) the interested State agency that 
requested the waiver attests that extenu-
ating circumstances exist that justify a 
lesser period of employment at such facility 
or organization in which case the alien 
shall demonstrate another bona fide offer 
of employment at a health facility or 
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health care organization so designated by 
the Secretary of Health and Human Serv-
ices, for the remainder of such 3-year pe-
riod; or 
‘‘(III) if the alien elects not to pursue 
a 
determination 
of 
extenuating 
cir-
cumstances pursuant to subclause (I) or 
(II), the alien terminates the alien’s em-
ployment relationship with such facility or 
organization, in which case the alien shall 
be employed for the remainder of such 3- 
year period, and 1 additional year for each 
determination, at another health facility or 
health care organization in a geographic 
area or areas which are designated by the 
Secretary of Health and Human Services 
as having a shortage of health care profes-
sionals; and’’. 
(2) CONTRACT REQUIREMENTS.—Section 214(l) 
of the Immigration and Nationality Act (8 U.S.C. 
1184(l)), as amended by subsection (b)(1), is further 
amended by adding at the end the following: 
‘‘(5) An alien granted a waiver under paragraph 
(1)(C) shall enter into an employment agreement with the 
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contracting health facility or health care organization 
that— 
‘‘(A) specifies the maximum number of on-call 
hours per week (which may be a monthly average) 
that the alien will be expected to be available and 
the compensation the alien will receive for on-call 
time; 
‘‘(B) specifies whether the contracting facility 
or organization will pay for the alien’s malpractice 
insurance premiums, including whether the employer 
will provide malpractice insurance and, if so, the 
amount of such insurance that will be provided; 
‘‘(C) describes all of the work locations that the 
alien will work and a statement that the contracting 
facility or organization will not add additional work 
locations without the approval of the Federal agency 
or State agency that requested the waiver; and 
‘‘(D) does not include a non-compete provision. 
‘‘(6) An alien granted a waiver under paragraph 
(1)(C) whose employment relationship with a health facil-
ity or health care organization terminates during the 3- 
year service period required by such paragraph— 
‘‘(A) shall have a period of 120 days beginning 
on the date of such determination of employment to 
submit to the Secretary of Homeland Security appli-
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cations or petitions to commence employment with 
another contracting health facility or health care or-
ganization in a geographic area or areas which are 
designated by the Secretary of Health and Human 
Services as having a shortage of health care profes-
sionals; and 
‘‘(B) shall be considered to be maintaining law-
ful status in an authorized stay during the 120-day 
period referred to in subparagraph (A).’’. 
(d) AMENDMENTS TO THE PROCEDURES, DEFINI-
TIONS, AND OTHER PROVISIONS RELATED TO PHYSICIAN 
IMMIGRATION.— 
(1) DUAL
INTENT
FOR
PHYSICIANS
SEEKING 
GRADUATE MEDICAL TRAINING.—Section 214(b) of 
the Immigration and Nationality Act (8 U.S.C. 
1184(b)) is amended by striking ‘‘(other than a non-
immigrant described in subparagraph (L) or (V) of 
section 101(a)(15), and other than a nonimmigrant 
described 
in 
any 
provision 
of 
section 
101(a)(15)(H)(i) except subclause (b1) of such sec-
tion)’’ and inserting ‘‘(other than a nonimmigrant 
described in subparagraph (L) or (V) of section 
101(a)(15), a nonimmigrant described in any provi-
sion of section 101(a)(15)(H)(i), except subclause 
(b1) of such section, and an alien coming to the 
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United States to receive graduate medical education 
or training as described in section 212(j) or to take 
examinations required to receive graduate medical 
education or training as described in section 
212(j))’’. 
(2) ALLOWABLE VISA STATUS FOR PHYSICIANS 
FULFILLING WAIVER REQUIREMENTS IN MEDICALLY 
UNDERSERVED AREAS.—Section 214(l)(2)(A) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(l)(2)(A)) is amended by striking ‘‘an alien de-
scribed in section 101(a)(15)(H)(i)(b).’’ and insert-
ing ‘‘any status authorized for employment under 
this Act.’’. 
(3) PHYSICIAN
NATIONAL
INTEREST
WAIVER 
CLARIFICATIONS.— 
(A) PRACTICE AND GEOGRAPHIC AREA.— 
Section 203(b)(2)(B)(ii)(I) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(2)(B)(ii)(I)) is amended by striking 
items (aa) and (bb) and inserting the following: 
‘‘(aa) the alien physician agrees to 
work on a full-time basis practicing pri-
mary care, specialty medicine, or a com-
bination thereof, in an area or areas des-
ignated by the Secretary of Health and 
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Human Services as having a shortage of 
health care professionals, or at a health 
care facility under the jurisdiction of the 
Secretary of Veterans Affairs; or 
‘‘(bb) the alien physician is pursuing 
such waiver based upon service at a facility 
or facilities that serve patients who reside 
in a geographic area or areas designated 
by the Secretary of Health and Human 
Services as having a shortage of health 
care professionals (without regard to 
whether such facility or facilities are lo-
cated within such an area) and a Federal 
agency, or a local, county, regional, or 
State department of public health deter-
mines the alien physician’s work was or 
will be in the public interest.’’. 
(B) FIVE-YEAR SERVICE REQUIREMENT.— 
Section 203(b)(2)(B)(ii)(II) of the Immigration 
and Nationality Act (8 U.S.C. 1153(B)(ii)(II)) 
is amended— 
(i) by inserting ‘‘(aa)’’ after ‘‘(II)’’; 
and 
(ii) by adding at the end the fol-
lowing: 
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‘‘(bb) The 5-year service requirement of 
item (aa) shall be counted from the date the 
alien physician begins work in the shortage area 
in any legal status and not the date an immi-
grant visa petition is filed or approved. Such 
service shall be aggregated without regard to 
when such service began and without regard to 
whether such service began during or in con-
junction with a course of graduate medical edu-
cation. 
‘‘(cc) An alien physician shall not be re-
quired to submit an employment contract with 
a term exceeding the balance of the 5-year com-
mitment yet to be served, nor an employment 
contract dated within a minimum time period 
prior to filing of a visa petition pursuant to this 
subsection. 
‘‘(dd) An alien physician shall not be re-
quired to file additional immigrant visa peti-
tions upon a change of work location from the 
location approved in the original national inter-
est immigrant petition.’’. 
(4) TECHNICAL CLARIFICATION REGARDING AD-
VANCED
DEGREE
FOR
PHYSICIANS.—Section 
203(b)(2)(A) of the Immigration and Nationality 
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Act (8 U.S.C. 1153(b)(2)(A)) is amended by adding 
at the end ‘‘An alien physician holding a foreign 
medical degree that has been deemed sufficient for 
acceptance by an accredited United States medical 
residency or fellowship program is a member of the 
professions holding an advanced degree or its equiv-
alent.’’. 
(5) SHORT-TERM
WORK
AUTHORIZATION
FOR 
PHYSICIANS COMPLETING THEIR RESIDENCIES.—A 
physician completing graduate medical education or 
training as described in section 212(j) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(j)) as a 
nonimmigrant described section 101(a)(15)(H)(i) of 
such Act (8 U.S.C. 1101(a)(15)(H)(i)) shall have 
such nonimmigrant status automatically extended 
until October 1 of the fiscal year for which a petition 
for a continuation of such nonimmigrant status has 
been submitted in a timely manner and where the 
employment start date for the beneficiary of such 
petition is October 1 of that fiscal year. Such physi-
cian shall be authorized to be employed incident to 
status during the period between the filing of such 
petition and October 1 of such fiscal year. However, 
the physician’s status and employment authorization 
shall terminate 30 days from the date such petition 
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is rejected, denied or revoked. A physician’s status 
and employment authorization will automatically ex-
tend to October 1 of the next fiscal year if all visas 
as described in such section 101(a)(15)(H)(i) au-
thorized to be issued for the fiscal year have been 
issued. 
(6) APPLICABILITY
OF
SECTION
212(e) TO 
SPOUSES AND CHILDREN OF J–1 EXCHANGE VISI-
TORS.—A spouse or child of an exchange visitor de-
scribed in section 101(a)(15)(J) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(J)) shall 
not be subject to the requirements of section 212(e) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(e)). 
(e) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (c) shall take effect on the date of 
the enactment of this Act and shall apply to aliens granted 
waivers before, on, or after the date of the enactment of 
this Act. Subsection (d), and the amendments made by 
subsections (b) and (d), shall take effect on October 1, 
2013. 
SEC. 109. 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: 
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‘‘(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-
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 October 1, 2013, and 
shall apply to aliens who are a beneficiary of a classifica-
tion petition pending on or after such date. 
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TITLE II—NONIMMIGRANT VISA 
REFORMS 
SEC. 201. H–1B VISAS. 
(a) INCREASE IN H–1B VISA NUMERICAL LIMIT.— 
Section 214(g) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)) is amended— 
(1) in paragraph (1)(A)— 
(A) in clause (vi), by striking ‘‘and’’ at the 
end; 
(B) by amending clause (vii) to read as fol-
lows: 
‘‘(vii) 65,000 in fiscal years 2004 through 
2013; and’’; and 
(C) by adding at the end the following: 
‘‘(viii) 155,000 in each succeeding fis-
cal year; or’’; and 
(2) by amending paragraph (5)(C) to read as 
follows: 
‘‘(C) meets the requirements of paragraph 
(6)(A) or (7)(A) of section 203(b), until the number 
of aliens who are exempted from such numerical lim-
itation during such year exceeds 40,000.’’. 
(b) SPOUSAL EMPLOYMENT.—Section 214(c)(1)(E) 
of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(1)(E)) is amended by striking ‘‘101(a)(15)(L),’’ 
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and 
inserting 
‘‘subparagraph 
(H)(i)(b), 
(H)(i)(b1), 
(E)(iii), or (L) of section 101(a)’’. 
(c) ANTI-FRAUD MEASURES.— 
(1) FOREIGN DEGREES.— 
(A) 
SPECIALTY
OCCUPATION.—Section 
214(i) of the Immigration and Nationality Act 
(8 U.S.C. 1184(i)) is amended by adding at the 
end the following: 
‘‘(4)(A) For purposes of paragraphs (1)(B) and 
(3)(B), the term ‘bachelor’s or higher degree’ in-
cludes a foreign degree that is a recognized foreign 
equivalent of a bachelor’s or higher degree. 
‘‘(B)(i) In the case of an alien with a foreign 
degree, any determination with respect to the 
equivalence of that degree to a degree obtained in 
the United States shall be made by the Secretary of 
State. 
‘‘(ii) In carrying out the preceding clause, the 
Secretary of State shall verify the authenticity of 
any foreign degree proffered by an alien. The Sec-
retary of State may enter into contracts with public 
or private entities in conducting such verifications. 
‘‘(iii) In addition to any other fees authorized 
by law, the Secretary of State may impose a fee on 
an employer filing a petition under subsection (c)(1) 
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initially to grant an alien nonimmigrant status de-
scribed in section 101(a)(15)(H)(i)(b), if a deter-
mination or verification described in clause (i) or (ii) 
is required with respect to the petition. Fees col-
lected under this clause shall be deposited in the 
Treasury in accordance with section 286(t).’’. 
(B) Section 286 of the Immigration and 
Nationality Act (8 U.S.C. 1356) is amended by 
adding at the end the following: 
‘‘(w) 
H–1B 
EDUCATIONAL
CREDENTIAL 
VERIFICATION ACCOUNT.—There is established in the 
general fund of the Treasury a separate account, which 
shall be known as the ‘H–1B Educational Credential 
Verification Account’. Notwithstanding any other provi-
sion of law, there shall be deposited as offsetting receipts 
into the account all fees collected under section 
214(i)(4)(B)(iii). Amounts deposited into the account 
shall remain available to the Secretary of State until ex-
pended to carry out section 214(i)(4)(B).’’. 
(2) INVESTIGATIONS.—The first sentence of 
subsection (n)(2)(F), and the first sentence of sub-
section (t)(3)(E) (as added by section 402(b)(2) of 
Public Law 108–77 (117 Stat. 941)), of section 212 
of the Immigration and Nationality Act (8 U.S.C. 
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1182) are each amended by striking all that follows 
‘‘investigations’’ and inserting a period. 
(3) BONA FIDE BUSINESSES.—Section 214(c) 
of the Immigration and Nationality Act (8 U.S.C. 
1184(c)) is amended by adding at the end the fol-
lowing: 
‘‘(15) The Secretary of Homeland Security may 
not approve any petition under paragraph (1) filed 
by an employer with respect to an alien seeking to 
obtain the status of a nonimmigrant under subclause 
(b) or (b1) of section 101(a)(15)(H)(i) and the Sec-
retary of State may not approve a visa with respect 
to an alien seeking to obtain the status of a non-
immigrant under subparagraph (E)(iii) or (H)(i)(b1) 
of section 101(a)(15) unless— 
‘‘(A) the employer— 
‘‘(i) is an institution of higher edu-
cation (as defined in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 
1001(a))), or a governmental or nonprofit 
entity; or 
‘‘(ii) maintains a place of business in 
the United States that is licensed in ac-
cordance with any applicable State or local 
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business licensing requirements and is used 
exclusively for business purposes; and 
‘‘(B) the employer— 
‘‘(i) is a governmental entity; 
‘‘(ii) has aggregate gross assets with a 
value of not less than $50,000— 
‘‘(I) in the case of an employer 
that is a publicly held corporation, as 
determined using its most recent re-
port filed with the Securities and Ex-
change Commission; or 
‘‘(II) in the case of any other em-
ployer, as determined as of the date 
on which the petition is filed under 
regulations promulgated by the Sec-
retary of Homeland Security; or 
‘‘(iii) provides appropriate documenta-
tion of business activity under regulations 
promulgated by the Secretary of Homeland 
Security.’’. 
(4) SUBPOENA AUTHORITY.— 
(A) 
H–1B 
APPLICATION.—Section 
212(n)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(2)) is amended by add-
ing at the end the following: 
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‘‘(J) The Secretary of Labor is authorized to 
issue subpoenas as may be necessary to assure em-
ployer compliance with the terms and conditions of 
this subsection.’’. 
(B) ATTESTATION
WITH
RESPECT
TO 
OTHER
NONIMMIGRANT
EMPLOYEES.—Section 
212(t)(3) of such Act (8 U.S.C. 1182(t)(3)) is 
amended by adding at the end the following: 
‘‘(G) The Secretary of Labor is authorized to 
issue subpoenas as may be necessary to assure em-
ployer compliance with the terms and conditions of 
this subsection.’’. 
(d) B VISAS
IN LIEU
OF H–1B VISAS.—Section 
214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following: 
‘‘(12) Notwithstanding any other provision of this 
Act, any alien admitted or provided status as a non-
immigrant in order to provide services in a specialty occu-
pation described in paragraph (1) or (3) of subsection (i) 
(other than services described in subparagraph (H)(ii)(a), 
(O), or (P) of section 101(a)(15)) or as a fashion model 
shall have been issued a visa (or otherwise been provided 
nonimmigrant status) under subclause (b) or (b1) of sec-
tion 101(a)(15)(H)(i) or section 101(a)(15)(E)(iii).’’. 
(e) EFFECTIVE DATES.— 
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(1) The amendments made by subsection (a) 
shall take effect on the date of the enactment of this 
Act and shall apply to aliens issued visas or other-
wise provided with nonimmigrant status under sec-
tion 101(a)(15)(H)(i)(b) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) be-
ginning in fiscal year 2014. 
(2) The amendments made by subsection (b) 
shall take effect on the date of the enactment of this 
Act and shall apply to the spouses of aliens issued 
visas or otherwise provided with nonimmigrant sta-
tus under subparagraph (H)(i)(b), (H)(i)(b1), or 
(E)(iii) of section 101(a)(15) of the Immigration 
and Nationality Act before, on, or after such date. 
(3) The amendments made by paragraphs (1) 
and (3) of subsection (c) shall take effect on the 
date of the enactment of this Act and shall apply to 
petitions filed under section 214(c) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(c)) on or 
after such date and to visa applications filed on or 
after such date where no petition was filed because 
none was required under subparagraph (H)(i)(b1) or 
(E)(iii) of section 101(a)(15) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)). 
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(4) The amendments made by paragraphs (2) 
and (4) of subsection (c) shall take effect on the 
date of the enactment of this Act and shall apply to 
employers of aliens issued visas or otherwise pro-
vided with nonimmigrant status under subparagraph 
(H)(i)(b), (H)(i)(b1), or (E)(iii) section 101(a)(15) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) before, on, or after such date. 
(5) The amendment made by subsection (d) 
shall take effect on the date of the enactment of this 
Act and shall apply to aliens admitted or provided 
status as nonimmigrants on or after such date. 
SEC. 202. L VISAS. 
(a) IN GENERAL.—Section 214(c)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(c)(2)) is amend-
ed by adding at the end the following: 
‘‘(G)(i) An employer of an alien who will 
serve in a capacity for the employer involving 
specialized 
knowledge 
under 
section 
101(a)(15)(L) for a cumulative period of time 
in excess of 6 months over a 3-year period— 
‘‘(I) will offer to the alien during the 
period of authorized employment wages 
that are at least— 
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‘‘(aa) the actual wage level paid 
by the employer to all other individ-
uals with similar experience and quali-
fications for the specific employment 
in question; or 
‘‘(bb) the prevailing wage level 
for the occupational classification in 
the area of employment, whichever is 
greater, based on the best information 
available; and 
‘‘(II) will provide working conditions 
for such alien that will not adversely affect 
the working conditions of workers similarly 
employed. 
‘‘(ii) In complying with the requirements of 
clause (i), an employer may take into account 
the value of wages paid by the employer to the 
alien in the currency of the alien’s home coun-
try, the value of benefits paid by the employer 
to the alien in the alien’s home country, em-
ployer-provided housing or housing allowances, 
employer-provided vehicles or transportation al-
lowances, and other benefits provided to the 
alien as an incident of the assignment in the 
United States. 
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‘‘(iii) The Secretary of Labor shall have 
the same investigatory and enforcement powers 
to ensure compliance with this subparagraph as 
are set forth in section 212(n)(2).’’. 
(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 employers with respect 
to aliens issued visas or otherwise provided nonimmigrant 
status under section 101(a)(15)(L) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(L)) on or after 
such date. 
SEC. 203. O VISAS. 
(a) PORTABILITY OF O VISAS.—The first sentence of 
section 214(n)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1184(n)(1)) is amended— 
(1) by striking ‘‘section 101(a)(15)(H)(i)(b)’’ 
and inserting ‘‘subparagraphs (H)(i)(b) and (O)(i) 
of section 101(a)(15)’’; and 
(2) by inserting ‘‘under such sections’’ after 
‘‘new employment’’. 
(b) 3-YEAR WAIVER OF NEW O–1 CONSULTATIONS 
FOR ARTS AND MOTION PICTURES AND TELEVISION AND 
TRANSPARENCY FOR O–1 VISAS FOR MOTION PICTURES 
AND TELEVISION.— 
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(1) IN GENERAL.—Section 214(c)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1184(c)(3)) 
is amended— 
(A) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(B) by striking the first two sentences of 
the matter that follows subparagraph (B) and 
inserting the following: ‘‘In the case of an alien 
seeking entry for a motion picture or television 
production, (i) any opinion under the previous 
sentence shall only be advisory, (ii) any such 
opinion that recommends denial must be in 
writing, (iii) in making the decision the Sec-
retary of Homeland Security shall consider the 
exigencies and scheduling of the production, (iv) 
the Secretary of Homeland Security shall ap-
pend to the decision any such opinion, and (v) 
upon making the decision, the Secretary of 
Homeland Security shall immediately provide a 
copy of the decision to the consulting labor and 
management organizations. The Secretary of 
Homeland Security shall provide by regulation 
for the waiver of the consultation requirement 
under subparagraph (A) in the case of aliens 
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who have been admitted as nonimmigrants 
under section 101(a)(15)(O)(i) because of ex-
traordinary ability in the arts or extraordinary 
achievement in motion picture or television pro-
duction and who seek readmission to perform 
similar services within 3 years after the date of 
a consultation under such subparagraph pro-
vided that, in the case of aliens admitted be-
cause of extraordinary achievement in motion 
picture or television production, such waiver 
shall apply only if the prior consultations by the 
appropriate union and management organiza-
tion were favorable or raised no objection to the 
approval of the petition.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to petitions 
filed under section 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)) on or after such 
date and to consultation decisions made before, on, 
or after such date. 
SEC. 204. MEXICAN AND CANADIAN PROFESSIONALS. 
Section 214(e) of the Immigration and Nationality 
Act (8 U.S.C. 1184(e)) is amended by adding at the end 
the following: 
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‘‘(7)(A) An employer of a Mexican or Canadian 
professional under this subsection— 
‘‘(i) will offer to the alien during the period 
of authorized employment wages that are at 
least— 
‘‘(I) the actual wage level paid by the 
employer to all other individuals with simi-
lar experience and qualifications for the 
specific employment in question; or 
‘‘(II) the prevailing wage level for the 
occupational classification in the area of 
employment, whichever is greater, based on 
the best information available; and 
‘‘(ii) will provide working conditions for 
such alien that will not adversely affect the 
working conditions of workers similarly em-
ployed. 
‘‘(B) The Secretary of Labor shall have the 
same investigatory and enforcement powers to en-
sure compliance with this paragraph as are set forth 
in section 212(n)(2).’’. 
SEC. 205. STUDENTS. 
(a) DUAL INTENT.— 
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(1) IN GENERAL.—Section 101(a)(15)(F) of the 
Immigration 
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 
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 
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Homeland Security the determination of 
attendance 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 
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 
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shall have agreed to report to the Secretary of 
Homeland Security the determination 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-
mutes to the United States institution or place 
of study from Canada or Mexico.’’. 
(2) ADMISSION.—Section 214(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(b)), as 
amended by section 108(d)(1) of this Act, is further 
amended by striking ‘‘(L) or (V)’’ inserting ‘‘(F)(i), 
(L), or (V)’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
214(m)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1184(m)(1)) is amended, in the matter 
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preceding subparagraph (A), by striking ‘‘(i) or 
(iii)’’ and inserting ‘‘(i), (ii), or (iv)’’. 
(b) OPTIONAL PRACTICAL TRAINING FOR FOREIGN 
STUDENTS.—Section 214 of the Immigration and Nation-
ality Act (8 U.S.C. 1184) is amended by adding at the 
end the following: 
‘‘(s)(1) An employer providing optional practical 
training to an alien who has been issued a visa or other-
wise provided nonimmigrant status under subparagraph 
(F) or (M) of section 101(a)(15) after completion of the 
alien’s course of study— 
‘‘(A) shall offer to the alien during the period 
of optional practical training wages that are at 
least— 
‘‘(i) the actual wage level paid by the em-
ployer to all other individuals with similar expe-
rience and qualifications for the specific em-
ployment in question; or 
‘‘(ii) the prevailing wage level for the occu-
pational classification in the area of employ-
ment, whichever is greater, based on the best 
information available; and 
‘‘(B) shall provide working conditions for such 
alien that will not adversely affect the working con-
ditions of workers similarly employed. 
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‘‘(2) The Secretary of Labor has the same investiga-
tory and enforcement powers to ensure compliance with 
paragraph (1) as are set forth in section 212(n)(2).’’. 
(c) EFFECTIVE DATES.— 
(1) The amendments made by subsection (a) 
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. 
(2) The amendment made by subsection (b) 
shall apply to employers with respect to aliens who 
begin post-course of study optional practical training 
with them on or after the date of the enactment of 
this Act. 
SEC. 206. EXTENSION OF EMPLOYMENT ELIGIBILITY WHILE 
VISA EXTENSION PETITION PENDING. 
(a) IN GENERAL.—Section 214 of the Immigration 
and Nationality Act (8 U.S.C. 1184, as amended by sec-
tion 205(b), is further amended by adding at the end the 
following: 
‘‘(t) A nonimmigrant issued a visa or otherwise pro-
vided nonimmigrant status under subparagraph (A), (E), 
(G), (H), (I), (J), (L), (O), (P), (Q), or (R) of section 
101(a)(15), or section 214(e), and otherwise as the Sec-
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retary of Homeland Security may by regulations prescribe, 
whose status has expired but who has, or whose spon-
soring employer or authorized agent has, filed a timely ap-
plication or petition for an extension of authorized status 
as provided under this section, is authorized to continue 
employment with the same employer for a period not to 
exceed 240 days beginning on the date of the expiration 
of the authorized period of stay until and unless the appli-
cation or petition is denied. Such authorization shall be 
subject to the same conditions and limitations noted on 
the original authorization.’’. 
(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 issued visas or 
otherwise provided nonimmigrant status before, on, or 
after such date. 
SEC. 207. FRAUD DETECTION AND PREVENTION FEE. 
Section 214(c)(12)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(c)(12)(A)) is amended by 
adding at the end the following: 
‘‘The Secretary of Homeland Security shall also impose 
the fee described in the preceding sentence on an employer 
filing an attestation under section 212(t)(1) or employing 
an alien pursuant to subsection (e).’’. 
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SEC. 208. TECHNICAL CORRECTION. 
The second subsection designated as subsection (t) 
of section 212 of the Immigration and Nationality Act (8 
U.S.C. 1182) (as added by section 1(b)(2)(B) of Public 
Law 108–449 (118 Stat. 3470)) is redesignated as sub-
section (u) of such section. 
TITLE III—REFORMS AFFECTING 
BOTH IMMIGRANT AND NON-
IMMIGRANT VISAS 
Subtitle A—STEM Education 
Funding 
SEC. 301. FUNDING FOR STEM EDUCATION AND TRAINING. 
(a) NONIMMIGRANT FEE ADJUSTMENT AND ALLOCA-
TION.—Section 214(c)(9) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(c)(9)) is amended— 
(1) in subparagraph (A)— 
(A) in the matter preceding clause (i)— 
(i) by striking ‘‘(20 U.S.C. 1001(a),’’ 
and inserting ‘‘(20 U.S.C. 1001(a)),’’; and 
(ii) by striking ‘‘filing before a peti-
tion’’ and inserting ‘‘filing a petition’’; 
(2) by amending subparagraph (B) to read as 
follows: 
‘‘(B) The amount of the fee imposed under this para-
graph shall be— 
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‘‘(i) $1,250 for each such petition filed by an 
employer with not more than 25 full-time equivalent 
employees who are employed in the United States 
(determined by including any affiliate or subsidiary 
of such employer); and 
‘‘(ii) $2,500 for each such petition filed by an 
employer with more than 25 such employees.’’; 
(3) by amending subparagraph (C) to read as 
follows: 
‘‘(C) Fees collected under this paragraph shall 
be distributed as follows: 
‘‘(i) Of the amounts collected pursuant to 
subparagraph (B)(i)— 
‘‘(I) $750 shall be deposited in the 
Treasury 
in 
accordance 
with 
section 
286(s); and 
‘‘(II) $500 shall be deposited in the 
Treasury 
in 
accordance 
with 
section 
286(x). 
‘‘(ii) Of the amounts collected pursuant to 
subparagraph (B)(ii)— 
‘‘(I) $1,500 shall be deposited in the 
Treasury 
in 
accordance 
with 
section 
286(s); and 
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‘‘(II) $1,000 shall be deposited in the 
Treasury 
in 
accordance 
with 
section 
286(x).’’; 
(4) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(5) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) The Secretary of Homeland Security shall 
impose the fee described in this paragraph on an 
employer 
filing 
an 
attestation 
under 
section 
212(t)(1), and on an employer employing an alien 
pursuant to section 214(e), in the same manner as 
such fee is imposed on an employer described in sub-
paragraph (A). In the case of employment pursuant 
to section 214(e), the Secretary of Homeland Secu-
rity shall establish a method of imposing the fee de-
scribed in the preceding sentence notwithstanding 
the absence of a petition or attestation.’’. 
(b) CONFORMING AMENDMENT.—Section 286(s)(1) 
of the Immigration and Nationality Act (8 U.S.C. 
1356(s)(1)) is amended by striking the last sentence and 
inserting ‘‘There shall be deposited as offsetting receipts 
into the account a portion of the fees collected under para-
graphs (9) and (11) of section 214(c).’’. 
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(c) IMMIGRANT FEE.—Section 203(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1153(b)) is amend-
ed by adding at the end the following: 
‘‘(7) FUNDING
FOR
STEM
EDUCATION
AND 
TRAINING.—The Secretary of Homeland Security 
shall impose a fee of $1,000 on each I–140 immi-
grant visa petition filed under this subsection. 
Amounts collected under this paragraph shall be de-
posited into the Treasury in accordance with section 
286(x).’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2013, and shall 
apply to petitions filed under section 214(c)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1184(c)(1)), and 
attestations filed under section 212(t)(1) of such Act (8 
U.S.C. 1182(t)(1)), on or after such date. 
SEC. 302. PROMOTING AMERICAN INGENUITY ACCOUNT. 
Section 286 of the Immigration and Nationality Act 
(8 U.S.C. 1356), as amended by section 201(c)(1)(B) of 
this Act, is further amended by adding at the end the fol-
lowing: 
‘‘(x) PROMOTING AMERICAN INGENUITY ACCOUNT.— 
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account, 
which shall be known as the ‘Promoting American 
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Ingenuity Account’. There shall be deposited as off-
setting receipts into the account fees collected under 
section 203(b)(7) and a portion of the fees collected 
under section 214(c)(9). 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 
the economic competitiveness of the United States 
by— 
‘‘(A) strengthening STEM education, in-
cluding in computer science, at all levels; 
‘‘(B) ensuring that schools have access to 
well-trained and effective STEM teachers; and 
‘‘(C) helping colleges and universities 
produce more graduates in fields needed by 
American employers. 
‘‘(3) ALLOCATION OF FUNDS.— 
‘‘(A) RESERVATION OF FUNDS.— 
‘‘(i) IN GENERAL.—The Secretary of 
Education may reserve up to 5 percent of 
the amounts deposited into the Promoting 
American Ingenuity Account to carry out 
the activities described in clause (ii). 
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‘‘(ii) NATIONAL
ACTIVITIES.—From 
the amounts reserved under clause (i), the 
Secretary of Education shall, directly or 
through grants and contracts— 
‘‘(I) provide technical assistance 
to States and local educational agen-
cies in carrying out activities de-
scribed in section 304 of the SKILLS 
Visa Act; and 
‘‘(II) acting through the Institute 
of Education Sciences, conduct na-
tional evaluations of activities carried 
out by the State under such section 
304. 
‘‘(B) ALLOCATIONS TO STATES.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the Secretary of Education shall pro-
portionately 
allocate 
the 
remaining 
amounts deposited into the account to the 
States each fiscal year in an amount that 
bears the same relationship to the remain-
der as the amount the State received under 
subpart 2 of part A of title I of the Ele-
mentary and Secondary Education Act of 
1965 (20 U.S.C. 6331 et seq.) for the pre-
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ceding fiscal year bears to the amount all 
States received under that subpart for the 
preceding fiscal year. 
‘‘(ii) 
MINIMUM
ALLOCATIONS.—No 
State shall receive less than an amount 
equal to 0.5 percent of the total amount 
made available to all States from the Pro-
moting American Ingenuity Account. If a 
State does not request an allocation from 
the Account for a fiscal year, the Secretary 
shall reallocate the State’s allocation to 
those States with approved applications 
under section 303 of the SKILLS Visa Act 
in accordance with clause (i).’’. 
SEC. 303. STEM EDUCATION GRANT APPLICATION PROC-
ESS. 
(a) APPLICATION.—Each Governor and Chief State 
School Officer desiring to receive an allocation from the 
Promoting American Ingenuity Account established under 
section 286(x) of the Immigration and Nationality Act (as 
added by section 302 of this Act) shall jointly submit a 
plan, including a proposed budget, signed by the Governor 
and Chief Sate School Officer, to the Secretary of Edu-
cation at such time, and in such manner, as the Secretary 
may require, that— 
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(1) designates a State agency as the agency re-
sponsible for carrying out programs funded by such 
allocation; 
(2) describes the activities to be funded with 
such allocation and how such activities will improve 
STEM education in the State; 
(3) describes how the State will partner with 
employers to design and carry out the activities 
funded by such allocation; 
(4) describes how the State will collaborate with 
institutions of higher education (as defined in sec-
tion 102 of the Higher Education Act of 1965 (20 
U.S.C. 1002), except that such term does not in-
clude institutions described in subsection (a)(1)(C) 
of such section 102), local educational agencies, 
State and local workforce investment boards funded 
under the Workforce Investment Act of 1998 (29 
U.S.C. 2801 et seq.), and other State and local gov-
ernment entities as appropriate to carry out the ac-
tivities funded by such allocation; and 
(5) describes how the State will coordinate ac-
tivities funded by such allocation with activities 
funded under the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.), the 
Higher Education Act of 1965 (20 U.S.C. 1001 et 
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seq.), and the Workforce Investment Act of 1998 
(29 U.S.C. 2801 et seq.). 
(b) PROHIBITION.— 
(1) IN GENERAL.—The information described in 
subsection (a) shall be the only information required 
of States, and the Secretary of Education shall not 
establish any additional criteria for State eligibility 
for such allocations. 
(2) STANDARDS AND ASSESSMENTS.—The Sec-
retary shall not condition State receipt of such allo-
cations on any decision to adopt, or not to adopt, 
academic standards or assessments for the State’s 
elementary and secondary schools. 
(c) DEEMED APPROVAL.—A plan submitted under 
subsection (a) shall be deemed to be approved by the Sec-
retary of Education unless the Secretary makes a written 
determination, prior to the expiration of the 60-day period 
beginning on the date on which the Secretary received the 
plan, that the plan is not in compliance with this section. 
SEC. 304. AUTHORIZED ACTIVITIES. 
A State or other entity that receives funding from 
the Promoting American Ingenuity Account may use such 
funds for one or more of the following activities: 
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(1) To strengthen the State’s academic stand-
ards in science, technology, engineering, and mathe-
matics (STEM); 
(2) To implement strategies for the recruit-
ment, training, placement, and retention of teachers 
in STEM fields, including computer science; 
(3) To carry out initiatives designed to assist 
students in succeeding and graduating from postsec-
ondary STEM programs; 
(4) To improve the availability and access to 
STEM-related worker training programs, including 
community college courses and programs; and 
(5) For other activities to improve STEM edu-
cation. 
SEC. 305. NATIONAL EVALUATIONS. 
(a) ANNUAL REPORT.—The Secretary of Education 
shall submit a report describing the results of each evalua-
tion conducted under section 286(x)(3)(A)(ii)(II) of the 
Immigration and Nationality Act (as added by section 302 
of this Act) to— 
(1) the President; 
(2) the Committee on the Judiciary of the Sen-
ate; 
(3) the Committee on the Judiciary of the 
House of Representatives; 
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(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. 
(b) DISSEMINATION.—The Secretary of Education 
shall make the findings of such evaluations widely avail-
able to educators, the business community, and the public. 
SEC. 306. RULE OF CONSTRUCTION. 
Nothing in this subtitle may be construed to permit 
the Secretary of Education or any other Federal official 
to approve the content or academic achievement stand-
ards, academic assessments, or curriculum of a State. 
Subtitle B—Other Reforms 
SEC. 311. PREVAILING WAGES. 
(a) IN GENERAL.—Section 212(p) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(p)) is amended— 
(1) in paragraph (1), by striking ‘‘subsections 
(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)’’ and 
inserting ‘‘subsections (a)(5)(A), (n)(1)(A)(i)(II), 
and (t)(1)(A)(i)(II) of this section, and subsections 
(c)(2)(G), (e), and (s) of section 214,’’; 
(2) by redesignating paragraphs (2) through 
(4) as paragraphs (3) through (5), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
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‘‘(2) In computing the prevailing wage level for 
an occupational classification in an area of employ-
ment 
for 
purposes 
of 
subsections 
(a)(5)(A), 
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, 
and subsections (c)(2)(G), (e), and (s) of section 
214, in the case of an alien who begins work with 
their employer under such section within one year of 
graduation from an institution that 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 education (as defined in section 102(b) of 
such Act (20 U.S.C. 1002(b))), the wage level shall 
be the wage level specified in subparagraph (A), (B), 
or (C) of paragraph (5) depending on the alien’s ex-
perience, education, and level of supervision. In com-
puting the prevailing wage level for an occupational 
classification in an area of employment for purposes 
of 
subsections 
(a)(5)(A), 
(n)(1)(A)(i)(II), 
and 
(t)(1)(A)(i)(II) of this section, and subsections 
(c)(2)(G), (e), and (s) of section 214, in the case of 
an alien who does not begin work with their em-
ployer under such section within one year of gradua-
tion from an institution that 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 
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higher education (as defined in section 102(b) of 
such Act (20 U.S.C. 1002(b))), the wage level shall 
be the wage level specified in subparagraph (B) or 
(C) of paragraph (5), depending on the alien’s expe-
rience, education, and level of supervision.’’; 
(4) in paragraph 4 (as redesignated), by strik-
ing ‘‘subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
(t)(1)(A)(i)(II)’’ 
and 
inserting 
‘‘subsections 
(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of 
this section, and subsections (c)(2)(G), (e), and (s) 
of section 214,’’; and 
(5) by amending paragraph (5) (as redesig-
nated) to read as follows: 
‘‘(5) Subject to paragraph (2), the Secretary of Labor 
shall make available to employers a governmental survey 
to determine the prevailing wage for each occupational 
classification by metropolitan statistical area in the United 
States. Such survey, or other survey approved by the Sec-
retary of Labor, shall provide 3 levels of wages commensu-
rate with experience, education, and level of supervision. 
Such wage levels shall be determined as follows: 
‘‘(A) The first level shall be the mean of the 
lowest two-thirds of wages surveyed, but in no case 
less than 80 percent of the mean of the wages sur-
veyed. 
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100 
‘‘(B) The second level shall be the mean of 
wages surveyed. 
‘‘(C) The third level shall be the mean of the 
highest two-thirds of wages surveyed.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply to employers with regard 
to labor certifications under sections 212(a)(5)(A) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(5)(A)), labor condition applications under section 
212(n)(1) of such Act (8 U.S.C. 1182(n)(1)), and attesta-
tions under section 212(t)(1) of such Act (8 U.S.C. 
1182(t)(1)), filed on or after such date, to employers with 
regard to aliens issued visas or otherwise provided non-
immigrant status under section 101(a)(15)(L) of such Act 
(8 U.S.C. 1101(a)(15)(L)) on or after such date, and to 
employers with regard to aliens they provide post-course 
of study optional practical training that begins on or after 
such date. 
SEC. 312. STREAMLINING PETITIONS FOR ESTABLISHED 
EMPLOYERS. 
(a) IN GENERAL.—Section 214(c) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)) is amended by 
adding at the end the following: 
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101 
‘‘(15) The Secretary of Homeland Security shall es-
tablish a pre-certification procedure for employers who file 
multiple petitions described in this subsection or section 
204(a)(1)(F). 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 employer 
and the offered employment opportunity.’’. 
(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) or 1184(c)) be-
ginning 180 days after such date. 
Æ 
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