BELIEVE Act
Bill: S.970 | Sponsor: Sen. Paul, Rand (R-KY)
Policy area: Immigration

Summary:
Backlog Elimination, Legal Immigration, and Employment Visa Enhancement Act or the BELIEVE Act
This bill increases maximum limits on employment-based visas and makes other related changes.
The bill increases the worldwide cap on employment-based immigrants admitted each fiscal year, from 140,000 plus certain additions to 270,000 plus the same additions.
The bill (1) eliminates existing per-country caps on employment-based immigrants, (2) allows certain employment-based immigrants to comprise a higher percentage of the worldwide level of immigration in a fiscal year than under current law, (3) exempts from numerical caps immigrants coming to work in the United States as physical therapists or professional nurses, and (4) exempts from numerical caps a qualifying alien who graduated from a U.S. institution of higher education and who was admitted into the United States as a dependent of a nonimmigrant.
The bill provides various immigration-related benefits, such as work authorization and exemption from certain numerical limits, to qualifying spouses and children of employment-based immigrants.
An alien who has properly filed for permanent legal resident status and is awaiting a visa number becoming available shall have lawful status and employment authorization while the application is pending, subject to requirements such as a background check.

To reduce the backlog of foreign nationals seeking employment-based 
                     visas, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Backlog Elimination, Legal 
Immigration, and Employment Visa Enhancement Act'' or the ``BELIEVE 
Act''.

SEC. 2. ALLOCATION OF EMPLOYMENT-BASED VISAS.

    (a) Worldwide Level.--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 ``270,000;''.
    (b) Elimination of Per-Country Limitation for Employment-Based 
Immigrants.--Section 202(a)(2) of the Immigration 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 ``subsections (a) and (b) of section 203'' 
        and inserting ``section 203(a)''; and
            (3) by striking ``such subsections'' and inserting ``such 
        subsection''.
    (c) Preference Allocations for Employment-Based Immigrants.--
Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``28.6 percent'' and inserting ``29.63 
        percent'';
            (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
        inserting ``29.63 percent'';
            (3) in paragraph (3)(A), in the matter preceding clause 
        (i), by striking ``28.6 percent'' and inserting ``29.63 
        percent'';
            (4) in paragraph (4), by striking ``7.1 percent'' and 
        inserting ``3.7 percent''; and
            (5) in paragraph (5)(A), in the matter preceding clause 
        (i), by striking ``7.1 percent'' and inserting ``7.41 
        percent''.
    (d) Treatment of Family Members.--Section 203(d) of the Immigration 
and Nationality Act (8 U.S.C. 1153(d)) is amended by adding at the end 
the following: ``Visas issued to a spouse or child of an immigrant 
described in subsection (b) shall not be counted against the worldwide 
level of such visas set forth in section 201(d)(1) or the per country 
level set forth in section 202(a)(2).''.

SEC. 3. HEALTH CARE WORKERS.

    (a) Exemption From Numerical Limitations.--Section 201(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by 
adding at the end the following:
            ``(F) Aliens who are members of an occupation that the 
        Secretary of Labor has designated under Group I of Schedule A 
        pursuant to section 656.15 of title 20, Code of Federal 
        Regulations, and are coming to the United States to work in 
        such occupation, and the spouses and children (as defined in 
        subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1)) 
        of such aliens. Aliens described in this subparagraph may apply 
        for an immigrant visa.''.
    (b) Petition.--Section 204(a)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) by shifting subparagraph (L) 4 ems to the left; and
            (2) by adding at the end the following:
    ``(M) Any employer desiring and intending to employ within the 
United States an alien entitled to classification under section 
201(b)(1)(F) may file a petition with the Secretary of Homeland 
Security for such classification on behalf of such alien.''.

SEC. 4. DEPENDENTS OF NONIMMIGRANTS.

    (a) Exemption From Numerical Limitations for Certain College 
Graduates.--Section 201(b)(1) of the Immigration and Nationality Act, 
as amended by section 3(a), is further amended by adding at the end the 
following:
            ``(G) Aliens who--
                    ``(i) are not inadmissible under section 212(a) or 
                deportable under section 237(a);
                    ``(ii) have lived in the United States an aggregate 
                period of not less than 10 years;
                    ``(iii) were admitted as a dependent of a 
                nonimmigrant under subparagraph (E), (H), or (L) of 
                section 101(a)(15); and
                    ``(iv) graduated from an institution of higher 
                education (as defined in section 102(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1002(a))) in the 
                United States.''.
    (b) Petition.--Section 204(a)(1) of the Immigration and Nationality 
Act, as amended by section 3(b), is further amended by adding at the 
end the following:
    ``(N) Any employer desiring and intending to employ within the 
United States an alien entitled to classification under section 
201(b)(1)(G) may file a petition with the Secretary of Homeland 
Security for such classification on behalf of such alien.''.
    (c) Authorization of Employment for Children and Spouses of 
Nonimmigrants.--Section 214 of the Immigration and Nationality Act (8 
U.S.C. 1184) is amended by adding at the end the following:
    ``(s) The Secretary of Homeland Security shall--
            ``(1) authorize an alien spouse admitted under subparagraph 
        (E), (H), or (L) of section 101(a)(15), who is accompanying or 
        following to join a principal alien admitted under any such 
        subparagraph, to engage in employment in the United States; and
            ``(2) provide such alien spouse with an `employment 
        authorized' endorsement or other appropriate work permit.
    ``(t) The Secretary of Homeland Security shall authorize an alien 
child admitted under subparagraph (E), (H), or (L) of section 
101(a)(15), who is accompanying or following to join a principal alien 
admitted under any such subparagraph, to engage in employment in the 
United States, and shall provide such child with an `employment 
authorized' endorsement or other appropriate work permit if--
            ``(1) the child is at least 16 years of age;
            ``(2) the child, or the child's legal representative, 
        requests such work authorization; and
            ``(3) any employment in which the child may engage complies 
        with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.).''.
    (d) Adjustment of Status Early Filing for Nonimmigrants With 
Approved Immigrant Petitions.--Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Status as Person Admitted for Permanent Residence on 
Application and Eligibility for Immigrant Visa.--The Secretary of 
Homeland Security, in the discretion of the Secretary and under such 
regulations as the Secretary may prescribe, may adjust the status of an 
alien who was inspected and admitted or paroled into the United States 
or the status of any other alien with an approved petition for 
classification as a VAWA self-petitioner if--
            ``(1) the alien makes an application for such adjustment;
            ``(2) the alien is eligible to receive an immigrant visa 
        and is admissible to the United States for permanent residence; 
        and
            ``(3) an immigrant visa is immediately available to the 
        alien at the time the alien's application is adjudicated.''; 
        and
            (2) by adding at the end the following:
    ``(n) Adjustment of Status Application After an Approved Immigrant 
Petition.--
            ``(1) Application.--An alien who has an approved immigrant 
        petition may file an application for adjustment of status under 
        subsection (a), which, if the alien is otherwise eligible, 
        shall remain pending until a visa number becomes available.
            ``(2) Status.--An admissible alien who has properly filed 
        an adjustment of status application under subsection (a) shall, 
        throughout the pendency of such application--
                    ``(A) have a lawful status and be considered 
                lawfully present for purposes of section 212(a); and
                    ``(B) following a biometric background check, be 
                eligible for employment and travel authorization 
                incident to such status.
            ``(3) Biometric background check.--Any biometric background 
        check performed with respect to an alien during the 1-year 
        period immediately preceding the alien's submission of an 
        application for an adjustment of status under subsection (a) 
        shall be sufficient for meeting the biometric background check 
        requirement under paragraph (2)(B).''.
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