STEM Jobs Act of 2012

Bill: 112-hr-6429
Sponsor: Rep. Smith, Lamar [R-TX-21]
Introduced: 2012-09-18 in the House
Policy area: Immigration
Subjects: Administrative law and regulatory procedures
Administrative remedies
Area studies and international education
Canada
Congressional oversight
Department of Homeland Security
Department of Labor
Elementary and secondary education
Foreign labor
Government corporations and government-sponsored enterprises
Government information and archives
Government lending and loan guarantees
Government studies and investigations
Higher education
Housing finance and home ownership
Immigration status and procedures
Latin America
Mexico
Science and engineering education
User charges and fees
Visas and passports

Summary:
action_date: 2012-09-18
text: 
STEM Jobs Act of 2012 - Amends the Immigration and Nationality Act to make up to 55,000 visas available to qualified immigrants who: (1) have a doctorate degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. university; (2) agree to work for at least five years for the petitioning employer or in the United States in a STEM field upon being lawfully admitted for permanent residence; and (3) have taken all doctoral courses in a STEM field, including all correspondence courses, while physically present in the United States.
 
 
Makes any such unused visas available to aliens who: (1) hold a master's degree in a STEM field from a U.S. university; (2) agree to work for a total of at least five years for the petitioning employer or in the United States in a STEM field upon being lawfully admitted for permanent residence; (3) have taken all master's degree courses in a STEM field, including all correspondence courses, while physically present in the United States; and (4) hold a baccalaureate degree in a STEM field or in the biological and biomedical sciences.
 
Prohibits the Secretary of Homeland Security (DHS) (Secretary) from approving an employer petition on behalf of either of the above class of aliens unless the Secretary receives a determination by the Secretary of Labor that there are not sufficient American workers available for the job.
 
 
Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, and (2) such agency to post the position on its website for at least 30 days. 
 
Requires DHS to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations. 
 
 Eliminates the diversity immigrant program. 
 
States that: (1) the permanent priority date for any employment-based petition shall be the date on which the petition is filed, unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date; and (2) an alien who is the beneficiary of an employment-based petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed employment-based petition.
 
Revises student visa provisions.

action_date: 2012-11-30
text: 
STEM Jobs Act of 2012 - (Sec. 2) Amends the Immigration and Nationality Act to make up to 55,000 visas available in FY2014 and subsequent fiscal years to qualified immigrants who: (1) have a doctorate degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. doctoral institution of higher education; and (2) have taken all doctoral courses in a STEM field, including all courses taken by correspondence or by distance education, while physically present in the United States.
 
Defines &quot;United States doctoral institution of higher education&quot; as an institution that: (1) is defined under the Higher Education Act of 1965; (2) was classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2012, as a doctorate-granting university with a very high or high level of research activity or classified by the National Science Foundation as having research activity equivalent to such institutions; (3) has been in existence for at least 10 years; and (4) is accredited by an accrediting body that is itself accredited either by the Department of Education or the Council for Higher Education Accreditation. 
 
Makes any such unused visas available to aliens who: (1) hold a master's degree in a STEM field from a U.S. doctoral institution of higher education that was either part of a master's program that required at least two years of enrollment or part of a five-year combined baccalaureate-master's degree program in such field; (2) have taken all master's degree courses in a STEM field, including all courses taken by correspondence or by distance education, while physically present in the United States; and (3) hold a baccalaureate degree in a STEM field or in a field included in the Department of Education's Classification of Instructional Programs taxonomy within the summary group of biological and biomedical sciences. 
Prohibits the Secretary of Homeland Security (DHS) (Secretary) from approving an employer petition on behalf of a STEM alien unless the Secretary receives a determination by the Secretary of Labor that there are not sufficient American workers available for the job.
 
Requires DHS to: (1) adjudicate a petition on behalf of a STEM alien within 60 days, and (2) notify a petitioner within 30 days if the petition does not meet approval standards and needs to be resubmitted.
 
Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, and (2) such agency to post the position on its website for at least 30 days. 
Requires the Department of Labor to: (1) adjudicate a STEM application within 180 days, and (2) notify an applicant within 60 days if the application does not meet approval standards and needs to be resubmitted. 
Requires DHS to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations. 
 
Makes unused STEM visas in FY2014 through FY2017 available for use in future years under specified conditions.
 
 (Sec. 3) Eliminates the diversity immigrant program. 
 
(Sec. 4) States that: (1) the permanent priority date for any employment-based petition shall be the date on which the petition is filed, unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date; and (2) an alien who is the beneficiary of an employment-based petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed employment-based petition.
 
(Sec. 5) Revises foreign student visa (F-visa) provisions to establish: (1) an F-1 visa for a foreign student who is pursuing a full course of STEM field study at a U.S. institution of higher education or a proprietary institution of higher education which has agreed to report the attendance termination of each nonimmigrant student to DHS, or who is participating in related temporary optional practical training following completion of such studies; (2) an F-2 visa for a foreign student who has an actual residence in a foreign country and who seeks to enter the United States temporarily and solely to pursue a course of study at an established college, university, seminary, conservatory, academic high school, elementary school, or in a language training program in the United States, which has agreed to report the attendance termination of each nonimmigrant student to DHS; (3) an F-3 visa for the spouse or minor child of an F-1 or F-2 foreign student; and (4) an F-4 visa for a Canadian or Mexican foreign student who maintains an actual residence in such country and commutes to a U.S. institution for full or part-time (F-1 or F-2 related) study. 
 
(Sec. 6) Authorizes the spouse and minor children (V-visa) of a lawful permanent resident alien to wait in the United States (without work authorization) for the availability of an immigrant visa after having spent a year on the visa waiting list.
 
(Sec. 7) Amends the Housing and Community Development Act of 1992 and the Temporary Payroll Tax Cut Continuation Act of 2011 to extend through FY2022 the mandates for GSE (government sponsored enterprises) and Federal Housing Administration (FHA) guarantee fees.


Legislative actions:
action_date: 2012-12-04
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 559.
action_date: 2012-12-03
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2012-11-30
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2012-11-30
text: On passage Passed by the Yeas and Nays: 245 - 139 (Roll no. 613). (text: CR H6539-6541)
action_date: 2012-11-30
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 245 - 139 (Roll no. 613).(text: CR H6539-6541)
action_date: 2012-11-30
text: On motion to recommit with instructions Failed by the Yeas and Nays: 157 - 231 (Roll no. 612). (consideration: CR H6560)
action_date: 2012-11-30
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6560)
action_date: 2012-11-30
text: DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to provide immigrant visas for certain advanced STEM graduates.
action_date: 2012-11-30
text: Ms. Lofgren, Zoe moved to recommit with instructions to Judiciary. (consideration: CR H6556-6558; text: CR H6556-6558)
action_date: 2012-11-30
text: The previous question was ordered pursuant to the rule. (consideration: CR H6556)
action_date: 2012-11-30
text: DEBATE - The House continued with further debate on H.R. 6429.
action_date: 2012-11-30
text: DEBATE - The House proceeded with ninety minutes of debate on H.R. 6429.
action_date: 2012-11-30
text: Rule provides for consideration of H.R. 6429 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee print 112-34, as modified by the amendment printed in the Rules Committee report, shall be considered as adopted. The resolution provides suspension authority on Thursday, December 6, 2012.
action_date: 2012-11-30
text: Considered under the provisions of rule H. Res. 821. (consideration: CR H6539-6561)
action_date: 2012-11-29
text: Rule H. Res. 821 passed House.
action_date: 2012-11-28
text: Rules Committee Resolution H. Res. 821 Reported to House. Rule provides for consideration of H.R. 6429 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee print 112-34, as modified by the amendment printed in the Rules Committee report, shall be considered as adopted. The resolution provides suspension authority on Thursday, December 6, 2012.
action_date: 2012-09-20
text: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 257 - 158 (Roll no. 590).
action_date: 2012-09-20
text: Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 257 - 158 (Roll no. 590).
action_date: 2012-09-20
text: Considered as unfinished business. (consideration: CR H6195)
action_date: 2012-09-20
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2012-09-20
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 6429.
action_date: 2012-09-20
text: Considered under suspension of the rules. (consideration: CR H6185-6194; text of measure as introduced: CR H6185-6187)
action_date: 2012-09-20
text: Mr. Smith (TX) moved to suspend the rules and pass the bill.
action_date: 2012-09-18
text: Referred to the House Committee on the Judiciary.
action_date: 2012-09-18
text: Introduced in House
action_date: 2012-09-18
text: Introduced in House