may in the Secretary’s discretion 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 anniver-
sary of the alien’s lawful admission for 
permanent 
residence 
demonstrating 
that the alien complied with section 
(d)(1)(B)(i) and the Secretary shall re-
move 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— 
(i) by striking ‘‘and’’ at the end of sub-
paragraph (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 
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‘‘(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 Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)(5)(B)) is amended by adding at the end 
the following: 
‘‘(iv) DEFINITION.—In this paragraph, 
the term ‘an area which has experienced 
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 unemployment rate of at least 150 
percent of the national average rate (and 
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which determination has not been super-
seded 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 uniform methodology for determining 
whether an area an area qualifies as having 
experienced unemployment of at least 150 
percent 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 
unemployment for purposes of this para-
graph, and the Secretary shall not be bound 
by the determination of any other govern-
mental or nongovernmental entity that a 
particular area has experienced high unem-
ployment for purposes of this paragraph.’’. 
(b) REGIONAL CENTERS.— 
(1) PERMANENT REAUTHORIZATION OF THE RE-
GIONAL CENTER PILOT PROGRAM.—Section 610 of the 
Departments of Commerce, Justice, and State, the Ju-
diciary, and Related Agencies Appropriations Act, 
1993 (8 U.S.C. 1153 note) is amended— 
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(A) in the section heading, by striking 
‘‘PILOT’’; 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— 
‘‘(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 securi-
ties laws (as such term is defined under section 3 of 
the Securities Exchange Act of 1934 (15 U.S.C. 78c)), 
shall knowingly be permitted by any regional center to be 
involved with the regional center as its principal, represent-
ative, administrator, owner, officer, board member, man-
ager, executive, general partner, fiduciary, member, or in 
other similar position of substantive authority for the oper-
ations, management, or promotion of the regional center. 
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‘‘(2) The Secretary of Homeland Security shall require 
such attestations and information (including biometric in-
formation), and shall perform such criminal record checks 
and other background checks with respect to a regional cen-
ter, and persons involved in a regional center as described 
in paragraph (1), as the Secretary, in the Secretary’s dis-
cretion, considers appropriate to determine whether the re-
gional center is in compliance with paragraph (1). 
‘‘(3) The Secretary may terminate any regional center 
from the program under this section if the Secretary deter-
mines that— 
‘‘(A) the regional center is in violation of para-
graph (1); 
‘‘(B) the regional center has provided any false 
attestation or information under paragraph (2), or 
continues to allow any person who was involved with 
the regional center as described in paragraph (1) to 
continue to be involved with the regional center if the 
regional center knows that the person has provided 
any false attestation or information under paragraph 
(2); or 
‘‘(C) the regional center fails to provide an attes-
tation or information requested by the Secretary 
under paragraph (2), or continues to allow any per-
son who was involved with the regional center as de-
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scribed in paragraph (1) to continue to be involved 
with the regional center if the regional center knows 
that the person has failed to provide an attestation or 
information requested by the Secretary under para-
graph (2). 
‘‘(4) For the purpose of this subsection, the term ‘re-
gional center’ shall, in addition to the regional center itself, 
include any commercial enterprise or job creating enter-
prise 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: 
‘‘(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 Securi-
ties 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. 
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‘‘(3) In addition to any other authority provided to 
the Secretary of Homeland Security regarding the program 
described in this section, the Secretary may suspend or ter-
minate the designation of any regional center if the Sec-
retary 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 as-
sociation with an entity regulated by the Securities 
and Exchange Commission, or constitutes a final 
order based on violations in connection with the pur-
chase or sale of a security; 
‘‘(C) has been convicted of violating, or found to 
have violated, a fraud provision of the Federal securi-
ties 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 state-
ment of material fact, or omitted to state a material 
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fact necessary, in order to make the statements 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 re-
gional center itself, its agents, servants, employees, attor-
neys, 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), 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 
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(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 amendment 
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 provided 
in section 203(b)(5)(C)(v) of the Immigration and 
Nationality Act, as added by subsection (a)(2) of this 
section. 
SEC. 105. FAMILY-SPONSORED IMMIGRANT VISAS. 
(a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMI-
GRANTS.—Section 201(c)(1) of the Immigration and Na-
tionality 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, 505,000 beginning in fiscal year 2014 
through fiscal year 2023, and 440,000 beginning in 
fiscal year 2024,’’; and 
(2) 
in 
subparagraph 
(B)(ii), 
by 
striking 
‘‘226,000.’’ and inserting ‘‘226,000 in fiscal years 
through 2013, 251,000 beginning in fiscal year 2014 
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through fiscal year 2023, and 186,000 beginning in 
fiscal year 2024.’’. 
(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, 251,000 begin-
ning in fiscal year 2014 through fiscal year 2023, 
and 186,000 beginning in fiscal year 2024,’’; and 
(3) by striking ‘‘77’’ and inserting ‘‘81.13’’. 
(c) BROTHERS AND SISTERS OF CITIZENS.— 
(1) IN GENERAL.—Section 203(a) of such Act (8 
U.S.C. 1153(a)) is amended— 
(A) in paragraph (1), by striking ‘‘23,400,’’ 
and all that follows through the period at the end 
and inserting ‘‘23,400.’’; and 
(B) by striking paragraph (4). 
(2) 
CLASSIFICATION
PETITIONS.—Section 
204(a)(1)(A)(i) 
of 
such 
Act 
(8 
U.S.C. 
1154(a)(1)(A)(i)) is amended by striking ‘‘(1), (3), or 
(4)’’ and inserting ‘‘(1) or (3)’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2013, and shall apply 
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with respect to fiscal years beginning on or after such date, 
except that the amendments made by subsection (c)(1) shall 
take effect on October 1, 2023. 
SEC. 106. ELIMINATION OF DIVERSITY IMMIGRANT PRO-
GRAM. 
(a) WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS.— 
Section 201 of the Immigration and Nationality 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 
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(5) in subsection (g), by striking ‘‘(a), (b), and 
(c)’’ and inserting ‘‘(a) and (b)’’. 
(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 Immigra-
tion and Nationality Act (8 U.S.C. 1152(a)(2)) is amend-
ed— 
(1) in the paragraph heading, by striking ‘‘AND 
EMPLOYMENT-BASED’’; 
(2) by striking ‘‘(3), (4), and (5),’’ and inserting 
‘‘(3) and (4),’’; 
(3) by striking ‘‘subsections (a) and (b) of section 
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 allocated (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 respective 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 Chi-
nese 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) A State shall be allotted a total of 35 waiv-
ers under paragraph (1)(B) for a fiscal year if 90 percent 
of the waivers available to the State were used in the pre-
vious fiscal year. 
‘‘(ii) When an allotment has occurred under clause (i), 
the State shall be allotted an additional 5 waivers under 
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paragraph (1)(B) for each subsequent fiscal year if 90 per-
cent of the waivers available to the State were used in the 
previous fiscal year, except that if the State is allotted 60 
or more waivers for a fiscal year, the State shall be eligible 
for the additional 5 waivers under this clause only if 90 
percent of the waivers available to all States receiving at 
least 1 waiver under paragraph (1)(B) 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 paragraph, 
in which case— 
‘‘(i) the number of waivers allotted shall be de-
creased by 5 for all States beginning in the next fiscal 
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 addi-
tional 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 regulation), without re-
gard to whether such facility is located 
within an area designated by the Secretary 
of Health and Human Services as having a 
shortage of health care professionals; and 
‘‘(II) the head of such agency deter-
mines that— 
‘‘(aa) the alien physician’s work 
is in the public interest; and 
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‘‘(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 accord-
ance 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 organi-
zation, which employment has been determined 
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 des-
ignated by the Secretary of Health and Human 
Services as having a shortage of health care pro-
fessionals by the later of the date that is 90 days 
after receiving such waiver, 90 days after com-
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pleting graduate medical education or training 
under a program approved pursuant to section 
212(j)(1), or 90 days after receiving non-
immigrant status or employment authorization, 
and agrees to continue to work for a total of not 
less than 3 years in any status authorized 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 extenuating 
circumstances exist that justify a lesser pe-
riod of employment at such facility or orga-
nization in which case the alien shall dem-
onstrate another bona fide offer of employ-
ment at a health facility or health care or-
ganization so designated by the Secretary of 
Health and Human Services, for the re-
mainder of such 3-year period; or 
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‘‘(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 
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) 
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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 in-
surance 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 facility 
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-
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 
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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 nonimmigrant 
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 section)’’ and inserting ‘‘(other 
than a nonimmigrant described in subparagraph (L) 
or (V) of section 101(a)(15), a nonimmigrant de-
scribed in any provision of section 101(a)(15)(H)(i), 
except subclause (b1) of such section, and an alien 
coming to the United States to receive graduate med-
ical 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))’’. 
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(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 inserting 
‘‘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 
Human Services as having a shortage of 
health care professionals, or at a health care 
facility under the jurisdiction of the Sec-
retary of Veterans Affairs; or 
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‘‘(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 Serv-
ices as having a shortage of health care pro-
fessionals (without regard to whether such 
facility or facilities are located within such 
an area) and a Federal agency, or a local, 
county, regional, or State department of 
public health determines the alien physi-
cian’s work was or will be in the public in-
terest.’’. 
(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 following: 
‘‘(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 immigrant 
visa petition is filed or approved. Such service 
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shall be aggregated without regard to when such 
service began and without regard to whether such 
service began during or in conjunction with a 
course of graduate medical education. 
‘‘(cc) An alien physician shall not be re-
quired to submit an employment contract with a 
term exceeding the balance of the 5-year commit-
ment yet to be served, nor an employment con-
tract dated within a minimum time period prior 
to filing of a visa petition pursuant to this sub-
section. 
‘‘(dd) An alien physician shall not be re-
quired to file additional immigrant visa peti-
tions upon a change of work location from the lo-
cation approved in the original national interest 
immigrant petition.’’. 
(4) TECHNICAL CLARIFICATION REGARDING AD-
VANCED
DEGREE
FOR
PHYSICIANS.—Section 
203(b)(2)(A) of the Immigration and Nationality Act 
(8 U.S.C. 1153(b)(2)(A)) is amended by adding at the 
end the following: ‘‘An alien physician holding a for-
eign medical degree that has been deemed sufficient 
for acceptance by an accredited United States medical 
residency or fellowship program is a member of the 
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professions holding an advanced degree or its equiva-
lent.’’. 
(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 employ-
ment start date for the beneficiary of such petition is 
October 1 of that fiscal year. Such physician shall be 
authorized to be employed incident to status during 
the period between the filing of such petition and Oc-
tober 1 of such fiscal year. However, the physician’s 
status and employment authorization shall terminate 
30 days from the date such petition is rejected, denied 
or revoked. A physician’s status and employment au-
thorization will automatically extend to October 1 of 
the next fiscal year if all visas as described in such 
section 101(a)(15)(H)(i) authorized to be issued for 
the fiscal year have been issued. 
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(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 sub-
sections (a) and (c) shall take effect on the date of the enact-
ment 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 adding 
at the end the following: 
‘‘(i) PERMANENT PRIORITY DATES.— 
‘‘(1) IN GENERAL.—Subject to subsection (h)(3) 
and paragraph (2), the priority date for any employ-
ment-based petition shall be the date of filing of the 
petition with the Secretary of Homeland Security (or 
the Secretary of State, if applicable), unless the filing 
of the petition was preceded by the filing of a labor 
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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-petitioners) 
shall retain the priority date assigned with respect to 
that petition in the consideration of any subsequently 
filed employment-based petition (including self-peti-
tions).’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2013, and shall 
apply to aliens who are a beneficiary of a classification 
petition pending on or after such date. 
SEC. 110. SET-ASIDE FOR HEALTH CARE WORKERS. 
Section 203(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)(3)), as amended by this Act, is fur-
ther amended— 
(1) in subparagraph (A), by inserting after 
clause (iii) the following: 
‘‘(iv) 
HEALTH
CARE
WORKERS.— 
Qualified immigrants who are required to 
submit health care worker certificates pur-
suant to section 212(a)(5)(C) or certified 
statements pursuant to section 212(r) and 
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will be working in a rural area or a health 
professional shortage area (as defined in 
section 332 of the Public Health Service Act 
(42 U.S.C. 254e)).’’; and 
(2) by adding at the end the following: 
‘‘(D) SET ASIDE FOR HEALTH CARE WORK-
ERS.— 
‘‘(i) IN GENERAL.—Not less than 4,000 
of the visas made available under this para-
graph in each fiscal year shall be reserved 
for qualified immigrants described in sub-
paragraph (A)(iv). 
‘‘(ii) UNUSED VISAS.—If the number of 
visas reserved under clause (i) has not been 
exhausted at the end of a given fiscal year, 
the Secretary of Homeland Security shall 
adjust upwards the numerical limitation in 
subparagraph (A) for that fiscal year by the 
amount remaining. Visas may be issued 
pursuant to such adjustment within the 
first 45 days of the next fiscal year to aliens 
who had applied for such visas during the 
fiscal year for which the adjustment was 
made.’’. 
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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 fiscal 
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 limitation 
during such year exceeds 40,000.’’. 
(b) WAGE LEVEL.—Section 212(n)(1)(A)(i) of the Im-
migration and Nationality Act (8 U.S.C. 1182(n)(1)(A)(i)) 
is amended— 
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(1) by striking ‘‘, and’’ at the end and inserting 
‘‘; or’’; 
(2) by redesignating subclauses (I) and (II) as 
items (aa) and (bb), respectively; 
(3) by striking ‘‘(i)’’ and inserting ‘‘(i)(I)’’; 
(4) by inserting ‘‘except as provided in subclause 
(II),’’ before ‘‘is offering’’; and 
(5) by adding at the end the following: 
‘‘(II) if 80 percent or more of the employer’s 
workers in the same occupational classification 
as the alien admitted or provided status as an 
H-1B nonimmigrant and in the same area of 
employment as the alien admitted or provided 
status as an H-1B nonimmigrant are United 
States workers (as defined in paragraph (4)), is 
offering and will offer during the period of au-
thorized employment to aliens admitted or pro-
vided status as an H-1B nonimmigrant wages 
that are at least the actual wage level paid by 
the employer to all other individuals with simi-
lar experience and qualifications for the specific 
employment in question (but, in the case of an 
employer with more than 25 employees, in no 
event shall such wages be lower than the mean 
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of the lowest one-half of wages surveyed pursuant 
to subsection (p)(5)); and’’. 
(c) SPOUSAL EMPLOYMENT.—Section 214(c)(2)(E) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(c)(2)(E)) is amended by striking ‘‘101(a)(15)(L),’’ 
and 
inserting 
‘‘subparagraph 
(H)(i)(b), 
(H)(i)(b1), 
(E)(iii), or (L) of section 101(a)(15)’’. 
(d) 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’ includes a foreign de-
gree 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 Sec-
retary of State shall verify the authenticity of any foreign 
degree proffered by an alien. The Secretary of State may 
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enter into contracts with public or private entities in con-
ducting 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) initially to grant 
an alien nonimmigrant status described in section 
101(a)(15)(H)(i)(b), if a determination or verification de-
scribed in clause (i) or (ii) is required with respect to the 
petition. Fees collected under this clause shall be deposited 
in the Treasury in accordance with section 286(t).’’. 
(B) 
H–1B 
EDUCATIONAL
CREDENTIAL 
VERIFICATION ACCOUNT.—Section 286 of the Im-
migration 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’. Not-
withstanding any other provision of law, there shall be de-
posited as offsetting receipts into the account all fees col-
lected under section 214(i)(4)(B)(iii). Amounts deposited 
into the account shall remain available to the Secretary of 
State until expended to carry out section 214(i)(4)(B).’’. 
(2) INVESTIGATIONS.—The first sentence of sub-
section (n)(2)(F), and the first sentence of subsection 
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(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. 1182) 
are each amended by striking ‘‘investigations’’ and all 
that follows through the period at the end and insert-
ing the following: ‘‘investigations. An employer who 
has been subject to 2 random investigations may not 
be subject to another random investigation within 4 
years of the second investigation unless the employer 
was found in the previous investigations or otherwise 
to have committed a willful failure to meet a condi-
tion of paragraph (1) (or has been found under para-
graph (5) to have committed willful failure to meet 
the condition of paragraph (1)(G)(i)(II)) or to have 
made a willful misrepresentation of material fact in 
an application.’’. 
(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 em-
ployer 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 Secretary of State may not ap-
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prove a visa with respect to an alien seeking to obtain the 
status of a nonimmigrant under subparagraph (E)(iii) or 
(H)(i)(b1) of section 101(a)(15) unless— 
‘‘(A) the employer— 
‘‘(i) is an institution of higher education 
(as defined in section 101(a) of the Higher Edu-
cation 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 accordance with 
any applicable State or local 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 report filed with the 
Securities and Exchange Commission; or 
‘‘(II) in the case of any other employer, 
as determined as of the date on which the 
petition is filed under regulations promul-
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gated by the Secretary of Homeland Secu-
rity; or 
‘‘(iii) provides appropriate documentation 
of business activity under regulations promul-
gated 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 adding at the 
end the following: 
‘‘(J) The Secretary of Labor is authorized to issue sub-
poenas as may be necessary to assure employer 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)) (as 
added by section 402(b)(2) of Public Law 108-77 
(117 Stat. 941)) is amended by adding at the 
end the following: 
‘‘(G) The Secretary of Labor is authorized to issue sub-
poenas as may be necessary to assure employer compliance 
with the terms and conditions of this subsection.’’. 
(e) 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: 
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‘‘(12) Notwithstanding any other provision of this Act, 
any alien admitted or provided status as a nonimmigrant 
in order to provide services in a specialty occupation de-
scribed 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 
section 
101(a)(15)(H)(i) or section 101(a)(15)(E)(iii).’’. 
(f) 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 aliens issued visas or otherwise 
provided with nonimmigrant status under section 
101(a)(15)(H)(i)(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) beginning 
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 status 
under subparagraph (H)(i)(b), (H)(i)(b1), or (E)(iii) 
of section 101(a)(15) of the Immigration and Nation-
ality Act before, on, or after such date. 
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(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 peti-
tions filed under section 214(c) of the Immigration 
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)). 
(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 em-
ployers of aliens issued visas or otherwise provided 
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. 
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