TITLE IV OF THE SENATE’S S.744 IMMIGRATION REFORM BILL – RELATING TO CHANGES IN H-1B, L-1, E-2 NONIMMIGRANT VISAS

TITLE IV–REFORMS TO NONIMMIGRANT VISA PROGRAMS

 

Subtitle A–Employment-based Nonimmigrant Visas

 

SEC. 4101. MARKET-BASED H-1B VISA LIMITS.

 

(a) In General- Section 214(g) (8 U.S.C. 1184(g)) is amended–
(1) in paragraph (1)–
(A) in the matter preceding subparagraph (A), by striking `(beginning with fiscal year 1992)’; and
(B) by amending subparagraph (A) to read as follows:
`(A) under section 101(a)(15)(H)(i)(b) may not exceed the sum of–
`(i) the base allocation calculated under paragraph (9)(A); and
`(ii) the allocation adjustment calculated under paragraph (9)(B); and’;
(2) by redesignating paragraph (10) as subparagraph (D) of paragraph (9);
(3) by redesignating paragraph (9) as paragraph (10); and
(4) by inserting after paragraph (8) the following:
`(9)(A) Except as provided in subparagraph (C), the base allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for each fiscal year shall be equal to–
`(i) the sum of–
`(I) the base allocation for the most recently completed fiscal year; and
`(II) the allocation adjustment under subparagraph (B) for the most recently completed fiscal year;
`(ii) if the number calculated under clause (i) is less than 115,000, 115,000; or
`(iii) if the number calculated under clause (i) is more than 180,000, 180,000.

 

 
`(B)(i) If the number of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) during the first 45 days petitions may be filed for a fiscal year is equal to the base allocation for such fiscal year, an additional 20,000 such visas shall be made available beginning on the 46th day on which petitions may be filed for such fiscal year.
`(ii) If the base allocation of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 15-day period ending on the 60th day on which petitions may be filed for such fiscal year, an additional 15,000 such visas shall be made available beginning on the 61st day on which petitions may be filed for such fiscal year.
`(iii) If the base allocation of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 30-day period ending on the 90th day on which petitions may be filed for such fiscal year, an additional 10,000 such visas shall be made available beginning on the 91st day on which petitions may be filed for such fiscal year.
`(iv) If the base allocation of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 185-day period ending on the 275th day on which petitions may be filed for such fiscal year, an additional 5,000 such visas shall be made available beginning on the date on which such allocation is reached.
`(v) If the number of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 5,000 fewer than the base allocation, but is not more than 9,999 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be -5,000.
`(vi) If the number of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 10,000 fewer than the base allocation, but not more than 14,999 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be -10,000.
`(vii) If the number of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 15,000 fewer than the base allocation, but not more than 19,999 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be -15,000.
`(viii) If the number of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 20,000 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be -20,000.
`(C) An allocation adjustment under clause (i), (ii), (iii), or (iv) of subparagraph (B)–
`(i) may not increase the numerical limitation contained in paragraph (9)(A) to a number above 180,000; and
`(ii) may not take place to make additional nonimmigrant visas available for any fiscal year in which the national occupational unemployment rate for `Management, Professional, and Related Occupations’, as published by the Bureau of Labor Statistics each month, averages 4.5 percent or greater over the 12-month period preceding the date of the Secretary’s determination of whether the cap should be increased or decreased.’.
(b) Increase in Allocation for STEM Nonimmigrants- Section 214(g)(5)(C) (8 U.S.C. 1184(g)(5)(C)) is amended to read as follows:
`(C) has earned a master’s or higher degree, in a field of science, technology, engineering, or math included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, biological and biomedical sciences, and physical sciences, from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) until the number of aliens who are exempted from such numerical limitation during such year exceed 25,000.’.
(c) Publication-
(1) DATA SUMMARIZING PETITIONS- The Secretary shall timely upload to a public website data that summarizes the adjudication of nonimmigrant petitions under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) during each fiscal year.
(2) ANNUAL NUMERICAL LIMITATION- As soon as practicable and no later than March 2 of each fiscal year, the Secretary shall publish in the Federal Register the numerical limitation determined under section 214(g)(1)(A) for such fiscal year.
(d) Effective Date and Application- The amendments made by subsection (a) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act and apply to applications for nonimmigrant visas under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) for such fiscal year.
SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPENDENTS OF EMPLOYMENT-BASED NONIMMIGRANTS.

 

Section 214(c) (8 U.S.C. 1184(c)) is amended–
(1) by striking `Attorney General’ each place such term appears and inserting `Secretary of Homeland Security’; and
(2) in paragraph (2), by amending subparagraph (E) to read as follows:
`(E)(i) In the case of an alien spouse admitted under section 101(a)(15)(L), who is accompanying or following to join a principal alien admitted under such section, the Secretary of Homeland Security shall–
`(I) authorize the alien spouse to engage in employment in the United States; and
`(II) provide the spouse with an `employment authorized’ endorsement or other appropriate work permit.
`(ii) In the case of an alien spouse admitted under section 101(a)(15)(H)(i)(b), who is accompanying or following to join a principal alien admitted under such section, the Secretary of Homeland Security shall–
`(I) authorize the alien spouse to engage in employment in the United States; and
`(II) provide such a spouse with an `employment authorized’ endorsement or other appropriate work permit, if appropriate.
`(iii)(I) Upon the request of the Secretary of State, the Secretary of Homeland Security may suspend employment authorizations under clause (ii) to nationals of a foreign country that does not permit reciprocal employment to nationals of the United States who are accompanying or following to join the employment-based nonimmigrant husband or wife of such spouse to be employed in such foreign country based on that status.
`(II) In subclause (I), the term `employment-based nonimmigrant’ means an individual who is admitted to a foreign country to perform employment similar to the employment described in section 101(a)(15)(H)(i)(b).’.
SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MOBILITY.

 

(a) Deference to Prior Approvals- Section 214(c) (8 U.S.C. 1184(c)), as amended by section 4102, is further amended by adding at the end the following:
`(15) Subject to paragraph (2)(D) and subsection (g) and section 104(c) and subsections (a) and (b) of section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1184 note), the Secretary of Homeland Security shall give deference to a prior approval of a petition in reviewing a petition to extend the status of a nonimmigrant admitted under subparagraph (H)(i)(b) or (L) of section 101(a)(15) if the petition involves the same alien and petitioner unless the Secretary determines that–
`(A) there was a material error with regard to the previous petition approval;
`(B) a substantial change in circumstances has taken place;
`(C) new material information has been discovered that adversely impacts the eligibility of the employer or the nonimmigrant; or
`(D) in the Secretary’s discretion, such extension should not be approved.’.
(b) Effect of Employment Termination- Section 214(n) (8 U.S.C. 1184(n)) is amended by adding at the end the following:
`(3) A nonimmigrant admitted under section 101(a)(15)(H)(i)(b) whose employment relationship terminates before the expiration of the nonimmigrant’s period of authorized admission shall be deemed to have retained such legal status throughout the entire 60-day period beginning on the date such employment is terminated. A nonimmigrant who files a petition to extend, change, or adjust their status at any point during such period shall be deemed to have lawful status under section 101(a)(15)(H)(i)(b) while that petition is pending.’.
(c) Visa Revalidation- Section 222(c) (8 U.S.C. 1202(c)) is amended–
(1) by inserting `(1)’ before `Every alien’; and
(2) by adding at the end the following:
`(2) The Secretary of State may, at the Secretary’s discretion, renew in the United States the visa of an alien admitted under subparagraph (A), (E), (G), (H), (I), (L), (N), (O), (P), (R), or (W) of section 101(a)(15) if the alien has remained eligible for such status and qualifies for a waiver of interview as provided for in subsection (h)(1)(D).’.
(d) Interview Waivers for Low Risk Visa Applicants- Section 222(h)(1) (8 U.S.C. 1202(h)(1)) is amended–
(1) in subparagraph (B)(iv), by striking `or’ at the end;
(2) in subparagraph (C)(ii), by striking `and’ at the end and inserting `or’; and
(3) by adding at the end the following:
`(D) by the Secretary of State, in consultation with the Secretary of Homeland Security, for such aliens or classes of aliens–
`(i) that the Secretary determines generally represent a low security risk;
`(ii) for which an in-person interview would not add material benefit to the adjudication process;
`(iii) unless the Secretary of State, after a review of all standard database and biometric checks, the visa application, and other supporting documents, determines that an interview is unlikely to reveal derogatory information; and
`(iv) except that in every case, the Secretary of State retains the right to require an applicant to appear for an interview; and’.
SEC. 4104. STEM EDUCATION AND TRAINING.

 

(a) Fee- Section 212(a)(5)(A) (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following:
`(v) FEE- An employer shall submit, along with an application for a certification under this subparagraph, a fee of $1,000, which shall be deposited in the STEM Education and Training Account established under section 286(w).’.
(b) H-1B Nonimmigrant Petitioner Account- Section 286(s) (8 U.S.C. 1356(s)) is amended by striking paragraphs (3) and (4) and inserting the following:
`(3) LOW-INCOME STEM SCHOLARSHIP PROGRAM-
`(A) IN GENERAL- Thirty percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended for scholarships described in section 414(d) of the American Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 1869c) for low-income students enrolled in a program of study leading to a degree in science, technology, engineering, or mathematics.
`(B) STEM EDUCATION FOR UNDERREPRESENTED- The Director shall work in consultation with, or direct scholarship funds through, national nonprofit organizations that primarily focus on science, technology, engineering, or mathematics education for underrepresented groups, such as women and minorities.
`(C) LOAN FORGIVENESS- The Director may expend funds from the Account for purposes of loan forgiveness or repayment of student loans which led to a low-income student obtaining a degree in science, technology, engineering, mathematics, or other high demand fields.
`(4) NATIONAL SCIENCE FOUNDATION GRANT PROGRAM FOR K-12 SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION-
`(A) IN GENERAL- Ten percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Director of the National Science Foundation until expended to carry out a direct or matching grant program to support improvement in K-12 education, including through private-public partnerships. Grants awarded pursuant to this paragraph shall include formula based grants that target lower income populations with a focus on reaching women and minorities.
`(B) TYPES OF PROGRAMS COVERED- The Director shall award grants to programs that–
`(i) support the development and implementation of standards-based instructional materials models and related student assessments that enable K-12 students to acquire an understanding of science, technology, engineering, and mathematics, and to develop critical thinking skills;
`(ii) provide systemic improvement in training K-12 teachers and education for students in science, technology, engineering, and mathematics, including by supporting efforts to promote gender-equality among students receiving such instruction;
`(iii) support the professional development of K-12 science, technology, engineering, and mathematics teachers in the use of technology in the classroom;
`(iv) stimulate systemwide K-12 reform of science, technology, engineering, and mathematics in urban, rural, and economically disadvantaged regions of the United States;
`(v) provide externships and other opportunities for students to increase their appreciation and understanding of science, technology, engineering, and mathematics (including summer institutes sponsored by an institution of higher education for students in grades 7 through 12 that provide instruction in such fields);
`(vi) involve partnerships of industry, educational institutions, and national or regional community based organizations with demonstrated experience addressing the educational needs of disadvantaged communities;
`(vii) provide college preparatory support to expose and prepare students for careers in science, technology, engineering, and mathematics; or
`(viii) provide for carrying out systemic reform activities under section 3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).’.
(c) Use of Fee- Section 286 (8 U.S.C. 1356) is amended by adding at the end the following:
`(w) STEM Education and Training Account-
`(1) IN GENERAL- There is established in the general fund of the Treasury a separate account, which shall be known as the `STEM Education and Training Account’. Notwithstanding any other section of this title, there shall be deposited as offsetting receipts into the Account all of the fees collected under section 212(a)(5)(A)(v).
`(2) PURPOSES-
`(A) IN GENERAL- The purposes of the STEM Education and Training Account are to enhance the economic competitiveness of the United States by–
`(i) strengthening STEM education, including in computer science, at all levels;
`(ii) ensuring that schools have access to well-trained and effective STEM teachers;
`(iii) supporting efforts to strengthen the elementary and secondary curriculum, including efforts to make courses in computer science more broadly available; and
`(iv) helping colleges and universities produce more graduates in fields needed by American employers.
`(B) DEFINED TERM- In this paragraph, the term `STEM education’ means instruction in a field of science, technology, engineering or math included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, biological and biomedical sciences, and physical sciences.
`(3) ALLOCATIONS TO STATES AND TERRITORIES-
`(A) IN GENERAL- Subject to subparagraph (B), the Secretary of Education shall proportionately allocate 70 percent of the amounts deposited into the STEM Education and Training Account each fiscal year to the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands in an amount that bears the same relationship as the proportion the State, district, or territory received under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the preceding fiscal year bears to the amount all States and territories received under that subpart for the preceding fiscal year.
`(B) MINIMUM ALLOCATIONS- No State or territory shall receive less than an amount equal to 0.5 percent of the total amount made available to all States from the STEM Education and Training Account. If a State or territory does not request an allocation from the Account for a fiscal year, the Secretary shall reallocate the State’s allocation to the remaining States and territories in accordance with this paragraph.
`(C) USE OF FUNDS- Amounts allocated pursuant to this paragraph may be used for the activities described in section 4104(c) of the Border Security, Economic Opportunity, and Immigration Modernization Act.
`(4) STEM CAPACITY BUILDING AT MINORITY-SERVING INSTITUTIONS-
`(A) IN GENERAL- The Secretary of Education shall allocate 20 percent of the amounts deposited into the STEM Education and Training Account to establish or expand programs to award grants to institutions described in subparagraph (C)–
`(i) to enhance the quality of undergraduate science, technology, engineering, and mathematics education at such institutions; and
`(ii) to increase the retention and graduation rates of students pursuing degrees in such fields at such institutions.
`(B) TYPES OF PROGRAMS COVERED- Grants awarded under this paragraph shall be awarded to–
`(i) minority-serving institutions of higher education for–
`(I) activities to improve courses and curriculum in science, technology, engineering, and mathematics;
`(II) efforts to promote gender equality among students enrolled in such courses;
`(III) faculty development;
`(IV) stipends for undergraduate students participating in research; and
`(V) other activities consistent with subparagraph (A), as determined by the Secretary of Education; and
`(ii) to other institutions of higher education to partner with the institutions described in clause (i) for–
`(I) faculty and student development and exchange;
`(II) research infrastructure development;
`(III) joint research projects; and
`(IV) identification and development of minority and low-income candidates for graduate studies in science, technology, engineering, and mathematics degree programs.
`(C) INSTITUTIONS INCLUDED- In this paragraph, the term `institutions’ shall include–
`(i) colleges eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321-326a and 328), including Tuskegee University;
`(ii) 1994 Institutions, as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note);
`(iii) part B institutions (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)); and
`(iv) Hispanic-serving institutions, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
`(D) GRANTING OF BONDING AUTHORITY- A recipient of a grant awarded under this paragraph is authorized to utilize such funds for the issuance of bonds to fund research infrastructure development.
`(E) LOAN FORGIVENESS- The Director may expend funds from the allocation under this paragraph for purposes of loan forgiveness or repayment of student loans which led to a low-income student obtaining a degree in science, technology, engineering, mathematics, or other high demand fields.
`(5) WORKFORCE INVESTMENT- The Secretary of Education shall allocate 5 percent of the amounts deposited into the STEM Education and Training Account to the Secretary of Labor until expended for statewide workforce investment activities that may also benefit veterans and their spouses, including youth activities and statewide employment and training and activities for adults and dislocated workers described in section 128(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2853(a)), and the development of licensing and credentialing programs.
`(6) AMERICAN DREAM ACCOUNTS- The Secretary of Education shall allocate 3 percent of the amounts deposited into the STEM Education and Training Account to award grants, on a competitive basis, to eligible entities to enable such eligible entities to establish and administer American Dream Accounts under section 4104(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
`(7) ADMINISTRATION EXPENSES- The Secretary of Education may expend up to 2 percent of the amounts deposited into the STEM Education and Training Account for administrative expenses, including conducting an annual evaluation of the implementation and impact of the activities funded by the STEM Education and Training Account as required under section 4104(c)(3) of the Border Security, Economic Opportunity, and Immigration Modernization Act.’.
(d) STEM Education Grants-
(1) APPLICATION PROCESS-
(A) IN GENERAL- Each Governor and Chief State School Officer desiring an allocation from the STEM Education and Training Account under section 286(w)(3) of the Immigration and Nationality Act, as added by subsection (b), shall jointly submit a plan, including a proposed budget, signed by the Governor and Chief State School Officer, to the Secretary of Education at such time, in such form, and including such information as the Secretary of Education may prescribe pursuant to subparagraph (B). The plan shall describe how the State plans to improve STEM education to meet the needs of students and employers in the State.
(B) RULEMAKING- The Secretary of Education shall issue a rule, through a rulemaking procedure that complies with section 553 of title 5, United States Code, prescribing the information that should be included in the State plans submitted under subparagraph (A).
(2) ALLOWABLE ACTIVITIES- A State, district, or territory that receives funding from the STEM Education and Training Account may use such funding to develop and implement science, technology, engineering, and mathematics (STEM) activities to serve students, including students of underrepresented groups such as minorities, economically disadvantaged, and females by–
(A) strengthening the State’s STEM academic achievement standards;
(B) implementing strategies for the recruitment, training, placement, and retention of teachers in STEM fields, including computer science;
(C) carrying out initiatives designed to assist students in succeeding and graduating from postsecondary STEM programs;
(D) improving the availability and access to STEM-related worker training programs, including community college courses and programs;
(E) forming partnerships with higher education, economic development, workforce, industry, and local educational agencies; or
(F) engaging in other activities, as determined by the State, in consultation with businesses and State agencies, to improve STEM education.
(3) NATIONAL EVALUATION-
(A) IN GENERAL- Using amounts allocated under section 286(w)(7) of the Immigration and Nationality Act, as added by subsection (b), the Secretary of Education shall conduct, directly or through a grant or contract, an annual evaluation of the implementation and impact of the activities funded by the STEM Education and Training Account.
(B) ANNUAL REPORT- The Secretary shall submit a report describing the results of each evaluation conducted under subparagraph (A) to–
(i) the President;
(ii) the Committee on the Judiciary of the Senate;
(iii) the Committee on the Judiciary of the House of Representatives;
(iv) the Committee on Health, Education, Labor, and Pensions of the Senate; and
(v) the Committee on Education and the Workforce of the House of Representatives.
(C) DISSEMINATION- The Secretary shall make the findings of the evaluation widely available to educators, the business community, and the public.
(4) RULE OF CONSTRUCTION- Nothing in this subsection may be construed to permit the Secretary of Education or any other Federal official to approve the content or academic achievement standards of a State.
(e) American Dream Accounts-
(1) DEFINITIONS- In this subsection:
(A) AMERICAN DREAM ACCOUNT- The term `American Dream Account’ means a personal online account for low-income students that monitors higher education readiness and includes a college savings account.
(B) APPROPRIATE COMMITTEES OF CONGRESS- The term `appropriate committees of Congress’ means–
(i) the Committee on Health, Education, Labor, and Pensions of the Senate;
(ii) the Committee on Appropriations of the Senate;
(iii) the Committee on Finance of the Senate;
(iv) the Committee on Education and the Workforce of the House of Representatives;
(v) the Committee on Appropriations of the House of Representatives;
(vi) the Committee on Ways and Means of the House of Representatives; and
(vii) any other committee of the Senate or House of Representatives that the Secretary determines appropriate.
(C) COLLEGE SAVINGS ACCOUNT- The term `college savings account’ means a savings account that–
(i) provides some tax-preferred accumulation;
(ii) is widely available (such as Qualified Tuition Programs under section 529 of the Internal Revenue Code of 1986 or Coverdell Education Savings Accounts under section 530 of the Internal Revenue Code of 1986); and
(iii) contains funds that may be used only for the costs associated with attending an institution of higher education, including–
(I) tuition and fees;
(II) room and board;
(III) textbooks;
(IV) supplies and equipment; and
(V) internet access.
(D) DUAL ENROLLMENT PROGRAM- The term `dual enrollment program’ means an academic program through which a secondary school student is able simultaneously to earn credit toward a secondary school diploma and a postsecondary degree or credential.
(E) ELIGIBLE ENTITY- The term `eligible entity’ means–
(i) a State educational agency;
(ii) a local educational agency;
(iii) a charter school or charter management organization;
(iv) an institution of higher education;
(v) a nonprofit organization;
(vi) an entity with demonstrated experience in educational savings or in assisting low-income students to prepare for, and attend, an institution of higher education; or
(vii) a consortium of 2 or more of the entities described in clause (i) through (vi).
(F) ESEA DEFINITIONS- The terms `local educational agency’, `parent’, and `State educational agency’ have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) and the term `charter school’ has the meaning given the term in section 5210 of such Act.
(G) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(H) LOW-INCOME STUDENT- The term `low-income student’ means a student who is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(2) GRANT PROGRAM-
(A) PROGRAM AUTHORIZED- The Secretary of Education is authorized to award grants, on a competitive basis, to eligible entities to enable such eligible entities to establish and administer American Dream Accounts for a group of low-income students.
(B) RESERVATION- From the amount made available each fiscal year to carry out this section under section 286(w)(6) of the Immigration and Nationality Act, the Secretary of Education shall reserve not more than 5 percent of such amount to carry out the evaluation activities described in paragraph (5)(A).
(C) DURATION- A grant awarded under this subsection shall be for a period of not more than 3 years. The Secretary of Education may extend such grant for an additional 2-year period if the Secretary of Education determines that the eligible entity has demonstrated significant progress, based on the factors described in paragraph (3)(B)(xi).
(3) APPLICATIONS; PRIORITY-
(A) IN GENERAL- Each eligible entity desiring a grant under this subsection shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary of Education may require.
(B) CONTENTS- The application described in subparagraph (A) shall include–
(i) a description of the characteristics of a group of not less than 30 low-income public school students who–
(I) are, at the time of the application, attending a grade not higher than grade 9; and
(II) will, under the grant, receive an American Dream Account;
(ii) a description of how the eligible entity will engage, and provide support (such as tutoring and mentoring for students, and training for teachers and other stakeholders) either online or in person, to–
(I) the students in the group described in clause (i);
(II) the family members and teachers of such students; and
(III) other stakeholders such as school administrators and school counselors;
(iii) an identification of partners who will assist the eligible entity in establishing and sustaining American Dream Accounts;
(iv) a description of what experience the eligible entity or the eligible entity’s partners have in managing college savings accounts, preparing low-income students for postsecondary education, managing online systems, and teaching financial literacy;
(v) a description of how the eligible entity will help increase the value of the college savings account portion of each American Dream Account, such as by providing matching funds or incentives for academic achievement;
(vi) a description of how the eligible entity will notify each participating student in the group described in subparagraph (A), on a semiannual basis, of the current balance and status of the student’s college savings account portion of the student’s American Dream Account;
(vii) a plan that describes how the eligible entity will monitor participating students in the group described in clause (i) to ensure that each student’s American Dream Account will be maintained if a student in such group changes schools before graduating from secondary school;
(viii) a plan that describes how the American Dream Accounts will be managed for not less than 1 year after a majority of the students in the group described in clause (i) graduate from secondary school;
(ix) a description of how the eligible entity will encourage students in the group described in clause (i) who fail to graduate from secondary school to continue their education;
(x) a description of how the eligible entity will evaluate the grant program, including by collecting, as applicable, data about the students in the group described in clause (i) during the grant period, and, if sufficient grant funds are available, after the grant period, including
(I) attendance rates;
(II) progress reports;
(III) grades and course selections;
(IV) the student graduation rate (as defined in section 1111 (b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)));
(V) rates of student completion of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090);
(VI) rates of enrollment in an institution of higher education; and
(VII) rates of completion at an institution of higher education;
(xi) a description of what will happen to the funds in the college savings account portion of the American Dream Accounts that are dedicated to participating students described in clause (i) who have not matriculated at an institution of higher education at the time of the conclusion of the period of American Dream Account management described in clause (viii);
(xii) a description of how the eligible entity will ensure that funds in the college savings account portion of the American Dream Accounts will not make families ineligible for public assistance; and
(xiii) a description of how the eligible entity will ensure that participating students described in clause (i) will have access to the Internet;
(C) PRIORITY- In awarding grants under this subsection, the Secretary of Education shall give priority to applications from eligible entities that–
(i) are described in paragraph (1)(E)(vii);
(ii) serve the largest number of low-income students;
(iii) emphasize preparing students to pursue careers in science, technology, engineering, or mathematics; or
(iv) in the case of an eligible entity described in clause (i) or (ii) of paragraph (1)(E), provide opportunities for participating students described in clause (i) to participate in a dual enrollment program at no cost to the student.
(4) AUTHORIZED ACTIVITIES-
(A) IN GENERAL- An eligible entity that receives a grant under this subsection shall use such grant funds to establish an American Dream Account for each participating student described in paragraph (3)(B)(i), which will be used to–
(i) open a college savings account for such student;
(ii) monitor the progress of such student online, which–
(I) shall include monitoring student data relating to–
(aa) grades and course selections;

 

(bb) progress reports; and

 

(cc) attendance and disciplinary records; and

 

(II) may also include monitoring student data relating to a broad range of information, provided by teachers and family members, related to postsecondary education readiness, access, and completion;
(iii) provide opportunities for such students, either online or in person, to learn about financial literacy, including by–
(I) assisting such students in financial planning for enrollment in an institution of higher education; and
(II) assisting such students in identifying and applying for financial aid (such as loans, grants, and scholarships) for an institution of higher education;
(iv) provide opportunities for such students, either online or in person, to learn about preparing for enrollment in an institution of higher education, including by providing instruction to students about–
(I) choosing the appropriate courses to prepare for postsecondary education;
(II) applying to an institution of higher education;
(III) building a student portfolio, which may be used when applying to an institution of higher education;
(IV) selecting an institution of higher education;
(V) choosing a major for the student’s postsecondary program of education or a career path, including specific instruction on pursuing science, technology, engineering, and mathematics majors; and
(VI) adapting to life at an institution of higher education; and
(v) provide opportunities for such students, either online or in person, to identify skills or interests, including career interests.
(B) ACCESS TO AMERICAN DREAM ACCOUNT-
(i) IN GENERAL- Subject to clause (iii) and (iv), and in accordance with applicable Federal laws and regulations relating to privacy of information and the privacy of children, an eligible entity that receives a grant under this subsection shall allow vested stakeholders described in clause (ii), to have secure access, through the Internet, to an American Dream Account.
(ii) VESTED STAKEHOLDERS- The vested stakeholders that an eligible entity shall permit to access an American Dream Account are individuals (such as the student’s teachers, school counselors, counselors at an institution of higher education, school administrators, or other individuals) that are designated, in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), by the parent of a participating student in whose name such American Dream Account is held, as having permission to access the account. A student’s parent may withdraw such designation from an individual at any time.
(iii) EXCEPTION FOR COLLEGE SAVINGS ACCOUNT- An eligible entity that receives a grant under this subsection shall not be required to give vested stakeholders described in clause (ii), access to the college savings account portion of a student’s American Dream Account.
(iv) ADULT STUDENTS- Notwithstanding clause (i) through (iii), if a participating student is age 18 or older, an eligible entity that receives a grant under this subsection shall not provide access to such participating student’s American Dream Account without the student’s consent, in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
(v) INPUT OF STUDENT INFORMATION- Student data collected pursuant to subparagraph (A)(ii)(I) may only be entered into an American Dream Account by a school administrator or such administrator’s designee.
(C) PROHIBITION ON USE OF STUDENT INFORMATION- An eligible entity that receives a grant under this subsection may not use any student-level information or data for the purpose of soliciting, advertising, or marketing any financial or nonfinancial consumer product or service that is offered by such eligible entity, or on behalf of any other person.
(D) LIMITATION ON THE USE OF GRANT FUNDS- An eligible entity shall not use more than 25 percent of the grant funds provided under this subsection to provide the initial deposit into a college savings account portion of a student’s American Dream Account.
(5) REPORTS AND EVALUATIONS-
(A) IN GENERAL- Not later than 1 year after the Secretary of Education has disbursed grants under this subsection, and annually thereafter, the Secretary of Education shall prepare and submit a report to the appropriate committees of Congress that includes an evaluation of the effectiveness of the grant program established under this subsection.
(B) CONTENTS- The report described in subparagraph (A) shall–
(i) list the grants that have been awarded under paragraph (2)(A);
(ii) include the number of students who have an American Dream Account established through a grant awarded under paragraph (2)(A);
(iii) provide data (including the interest accrued on college savings accounts that are part of an American Dream Account) in the aggregate, regarding students who have an American Dream Account established through a grant awarded under paragraph (2)(A), as compared to similarly situated students who do not have an American Dream Account;
(iv) identify best practices developed by the eligible entities receiving grants under this subsection;
(v) identify any issues related to student privacy and stakeholder accessibility to American Dream Accounts;
(vi) provide feedback from participating students and the parents of such students about the grant program, including–
(I) the impact of the program;
(II) aspects of the program that are successful;
(III) aspects of the program that are not successful; and
(IV) any other data required by the Secretary of Education; and
(vii) provide recommendations for expanding the American Dream Accounts program.
(6) ELIGIBILITY TO RECEIVE FEDERAL STUDENT FINANCIAL AID- Notwithstanding any other provision of law, any funds that are in the college savings account portion of a student’s American Dream Account shall not affect such student’s eligibility to receive Federal student financial aid, including any Federal student financial aid under the Higher Education Act of 1965 (20 U.S.C. 1001), and shall not be considered in determining the amount of any such Federal student aid.
(f) Conforming Amendment- Section 480(j) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended by adding at the end the following:
`(5) Notwithstanding paragraph (1), amounts made available under the college savings account portion of an American Dream Account under section 4105(e)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 shall not be treated as estimated financial assistance for purposes of section 471(3).’.
SEC. 4105. H-1B AND L VISA FEES.

 

Section 281 (8 U.S.C. 1351) is amended–
(1) by striking `The fees’ and inserting the following:
`(a) In General- The fees’;
(2) by striking `: Provided, That nonimmigrant visas’ and inserting the following: `.
`(b) United Nations Visitors- Nonimmigrant visas’;
(3) by striking `Subject to’ and inserting the following:
`(c) Fee Waivers or Reductions- Subject to’; and
(4) by adding at the end the following:
`(d) H-1B and L Visa Fees- In addition to the fees authorized under subsection (a), the Secretary of Homeland Security shall collect, from each employer (except for nonprofit research institutions and nonprofit educational institutions) filing a petition to hire nonimmigrants described in subparagraph (H)(i)(B) or (L) of section 101(a)(15), a fee in an amount equal to–
`(1) $1,250 for each such petition filed by any employer with not more than 25 full-time equivalent employees in the United States; and
`(2) $2,500 for each such petition filed by any employer with more than 25 such employees.’.
Subtitle B–H-1B Visa Fraud and Abuse Protections

 

CHAPTER 1–H-1B EMPLOYER APPLICATION REQUIREMENTS

 

SEC. 4211. MODIFICATION OF APPLICATION REQUIREMENTS.

 

(a) General Application Requirements-
(1) WAGE RATES- Section 212(n)(1)(A) (8 U.S.C. 1182(n)(1)(A)) is amended–
(A) in clause (i)–
(i) in the matter preceding subclause (I), by inserting `if the employer is not an H-1B-dependent employer,’ before `is offering’;
(ii) in subclause (I), by striking `question, or’ and inserting `question; or’;
(iii) in subclause (II), by striking `employment,’ and inserting `employment;’ and
(iv) in the undesignated material following subclause (II), by striking `application, and’ and inserting `application;’; and
(B) by striking clause (ii) and inserting the following:
`(ii) if the employer is an H-1B-dependent employer, is offering and will offer to H-1B nonimmigrants, during the period of authorized employment for each H-1B nonimmigrant, wages that are not less than the level 2 wages set out in subsection (p); and
`(iii) will provide working conditions for H-1B nonimmigrants that will not adversely affect the working conditions of other workers similarly employed.’.
(2) STRENGTHENING THE PREVAILING WAGE SYSTEM- Section 212(p) (8 U.S.C. 1182(p)) is amended to read as follows:
`(p) Computation of Prevailing Wage Level-
`(1) IN GENERAL-
`(A) SURVEYS- For employers of nonimmigrants admitted pursuant to section 101(a)(15)(H)(i)(b), 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 Secretary of Labor, shall provide 3 levels of wages commensurate with experience, education, and level of supervision. Such wage levels shall be determined as follows:
`(i) 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 surveyed.
`(ii) The second level shall be the mean of wages surveyed.
`(iii) The third level shall be the mean of the highest two-thirds of wages surveyed.
`(B) EDUCATIONAL, NONPROFIT, RESEARCH, AND GOVERNMENTAL ENTITIES- In computing the prevailing wage level for an occupational classification in an area of employment for purposes of section 203(b)(1)(D) and subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section in the case of an employee of–
`(i) an institution of higher education, or a related or affiliated nonprofit entity; or
`(ii) a nonprofit research organization or a governmental research organization;
the prevailing wage level shall only take into account employees at such institutions and organizations in the area of employment.
`(2) PAYMENT OF PREVAILING WAGE- The prevailing wage level required to be paid pursuant to section 203(b)(1)(D) and subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section shall be 100 percent of the wage level determined pursuant to those sections.
`(3) PROFESSIONAL ATHLETE- With respect to a professional athlete (as defined in subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by professional sports league rules or regulations, the wage set forth in those rules or regulations shall be considered as not adversely affecting the wages of United States workers similarly employed and shall be considered the prevailing wage.
`(4) WAGES FOR H-2B EMPLOYEES-
`(A) IN GENERAL- The wages paid to H-2B nonimmigrants employed by the employer will be the greater of–
`(i) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position; or
`(ii) the prevailing wage level for the occupational classification of the position in the geographic area of the employment, based on the best information available as of the time of filing the application.
`(B) BEST INFORMATION AVAILABLE- In subparagraph (A), the term `best information available’, with respect to determining the prevailing wage for a position, means–
`(i) a controlling collective bargaining agreement or Federal contract wage, if applicable;
`(ii) if there is no applicable wage under clause (i), the wage level commensurate with the experience, training, and supervision required for the job based on Bureau of Labor Statistics data; or
`(iii) if the data referred to in clause (ii) is not available, a legitimate and recent private survey of the wages paid for such positions in the metropolitan statistical area.’.
(3) WAGES FOR EDUCATIONAL, NONPROFIT, RESEARCH, AND GOVERNMENTAL ENTITIES- Section 212 (8 U.S.C. 1182), as amended by sections 2312 and 2313, is further amended by adding at the end the following:
`(x) Determination of Prevailing Wage- In the case of a nonprofit institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization, the Secretary of Labor shall determine such wage levels as follows:
`(1) If the Secretary of Labor uses, or makes available to employers, a governmental survey to determine the prevailing wage, such survey shall provide at least 4 levels of wages commensurate with experience, education, and the level of supervision.
`(2) If an existing government survey has only 2 levels, 2 intermediate levels may be created by dividing by 3, the difference between the 2 levels offered, adding the quotient thus obtained to the first level and subtracting that quotient from the second level.
`(3) For institutions of higher education, only teaching positions and research positions may be paid using this special educational wage level.
`(4) In computing 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) and section 203(b)(1)(D) for an employee of an institution of higher education, or a related or affiliated nonprofit entity or a nonprofit research organization or a governmental research organization, the prevailing wage level shall only take into account employees at such institutions and organizations in the area of employment.’.
(b) Internet Posting Requirement- Section 212(n)(1)(C) (8 U.S.C. 1182(n)(1)(C)) is amended–
(1) by redesignating clause (ii) as subclause (II);
(2) by striking `(i) has provided’ and inserting the following:
`(ii)(I) has provided’;
(3) by striking `sought, or’ and inserting `sought; or’; and
(4) by inserting before clause (ii), as redesignated by paragraph (2), the following:
`(i) has advertised on the Internet website maintained by the Secretary of Labor for the purpose of such advertising, for at least 30 calendar days, a detailed description of each position for which a nonimmigrant is sought that includes a description of–
`(I) the wage ranges and other terms and conditions of employment;
`(II) the minimum education, training, experience, and other requirements for the position;
`(III) the process for applying for the position;
`(IV) the title and description of the position, including the location where the work will be performed; and
`(V) the name, city, and zip code of the employer; and’.
(c) Application of Requirements to All Employers-
(1) NONDISPLACEMENT- Section 212(n)(1)(E) (8 U.S.C. 1182(n)(1)(E)) is amended to read as follows:
`(E)(i)(I) In the case of an application filed by an employer that is an H-1B skilled worker dependent employer, and is not an H-1B dependent employer, the employer did not displace and will not displace a United States worker employed by the employer during the period beginning 90 days before the date on which a visa petition supported by the application is filed and ending 90 days after such filing.
`(II) An employer that is not an H-1B skilled worker dependent employer shall not be subject to subclause (I) unless–
`(aa) the employer is filing the H-1B petition with the intent or purpose of displacing a specific United States worker from the position to be occupied by the beneficiary of the petition; or
`(bb) workers are displaced who–
`(AA) provide services, in whole or in part, at 1 or more worksites owned, operated, or controlled by a Federal, State, or local government entity, other than a public institution of higher education, that directs and controls the work of the H-1B worker; or
`(BB) are employed as public school kindergarten, elementary, middle school, or secondary school teachers.
`(ii)(I) In the case of an application filed by an H-1B-dependent employer, the employer did not displace and will not displace a United States worker employed by the employer within the period beginning 180 days before the date on which a visa petition supported by the application is filed and ending 180 days after such filing.
`(II) An application described in this clause is an application filed on or after the date final regulations are first promulgated to carry out this subparagraph, and before by an H-1B-dependent employer (as defined in paragraph (3)) or by an employer that has been found, on or after the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998, under paragraph (2)(C) or (5) to have committed a willful failure or misrepresentation during the 5-year period preceding the filing of the application.
`(iii) In this subparagraph, the term `job zone’ means a zone assigned to an occupation by–
`(I) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or
`(II) such database or a similar successor database, as designated by the Secretary of Labor, after the date of the enactment of Border Security, Economic Opportunity, and Immigration Modernization Act.’.
(2) RECRUITMENT- Section 212(n)(1)(G) (8 U.S.C. 1182(n)(1)(G)) is amended to read as follows:
`(G) An employer, prior to filing the application–
`(i) has taken good faith steps to recruit United States workers for the occupational classification for which the nonimmigrant or nonimmigrants is or are sought, using procedures that meet industry-wide standards and offering compensation that is at least as great as that required to be offered to H-1B nonimmigrants under subparagraph (A);
`(ii) has advertised the job on an Internet website maintained by the Secretary of Labor for the purpose of such advertising; and
`(iii) if the employer is an H-1B skilled worker dependent employer, has offered the job to any United States worker who applies and is equally or better qualified for the job for which the nonimmigrant or nonimmigrants is or are sought.’.
(d) Outplacement- Section 212(n)(1)(F) (8 U.S.C. 1182(n)(1)(F)) is amended to read as follows:
`(F)(i) An H-1B-dependent employer may not place, outsource, lease, or otherwise contract for the services or placement of an H-1B nonimmigrant employee.
`(ii) An employer that is not an H-1B-dependent employer and not described in paragraph (3)(A)(i) may not place, outsource, lease, or otherwise contract for the services or placement of an H-1B nonimmigrant employee unless the employer pays a fee of $500 per outplaced worker.
`(iii) A fee collected under clause (ii) shall be deposited in the Comprehensive Immigration Reform Trust Fund established under section 6 of the Border Security, Economic Opportunity, and Immigration Modernization Act.
`(iv) An H-1B dependent employer shall be exempt from the prohibition on outplacement under clause (i) if the employer is a nonprofit institution of higher education, a nonprofit research organization, or primarily a health care business and is petitioning for a physician, a nurse, or a physical therapist or a substantially equivalent health care occupation. Such employer shall be subject to the fee set forth in clause (ii).’.
(e) H-1B-dependent Employer Defined- Section 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended to read as follows:
`(3)(A) The term `H-1B-dependent employer’ means an employer (other than nonprofit education and research institutions) that–
`(i) in the case of an employer that has 25 or fewer full-time equivalent employees who are employed in the United States, employs more than 7 H-1B nonimmigrants;
`(ii) in the case of an employer that has at least 26 but not more than 50 full-time equivalent employees who are employed in the United States, employs more than 12 H-1B nonimmigrants; or
`(iii) in the case of an employer that has at least 51 full-time equivalent employees who are employed in the United States, employs H-1B nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees.
`(B) In determining the number of employees who are H-1B nonimmigrants under subparagraph (A)(ii), an intending immigrant employee shall not count toward such number.’.
(f) H-1B Skilled Worker Dependent Defined- Section 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended–
(1) by redesignating subparagraph (B) as subparagraph (D); and
(2) by inserting after subparagraph (A) the following:
`(B)(i) For purposes of this subsection, an `H-1B skilled worker dependent employer’ means an employer (other than nonprofit education and research institutions) that employs H-1B nonimmigrants in the United States in a number that in total is equal to at least 15 percent of the number of its full-time equivalent employees in the United States employed in occupations contained within Occupational Information Network Database (O*NET) Job Zone 4 and Job Zone 5.
`(ii) An H-1B nonimmigrant who is an intending immigrant shall be counted as a United States worker in making a determination under clause (i).’.
(g) Intending Immigrants Defined- Section 101(a) (8 U.S.C. 1101(a)), as amended by section 3504(a), is further amended by adding at the end the following:
`(54)(A) The term `intending immigrant’ means, with respect to the number of aliens employed by an employer, an alien who intends to work and reside permanently in the United States, as evidenced by–
`(i) a pending or approved application for a labor certification filed for such alien by a covered employer; or
`(ii) a pending or approved immigrant status petition filed for such alien by a covered employer.
`(B) In this paragraph:
`(i) The term `covered employer’ means an employer that has filed immigrant status petitions for not less than 90 percent of current employees who were the beneficiaries of applications for labor certification that were approved during the 1-year period ending 6 months before the filing of an application or petition for which the number of intending immigrants is relevant.
`(ii) The term `immigrant status petition’ means a petition filed under paragraph (1), (2), or (3) of section 203(b).
`(iii) The term `labor certification’ means an employment certification under section 212(a)(5)(A).
`(C) Notwithstanding any other provision of law–
`(i) for all calculations under this Act, of the number of aliens admitted pursuant to subparagraph (H)(i)(b) or (L) of paragraph (15), an intending immigrant shall be counted as an alien lawfully admitted for permanent residence and shall not be counted as an employee admitted pursuant to such a subparagraph; and
`(ii) for all determinations of the number of employees or United States workers employed by an employer, all of the employees in any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be counted.’.
SEC. 4212. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES IN HEALTH PROFESSIONAL SHORTAGE AREAS.

 

(a) Extension of Period of Authorized Admission- Section 212(m)(3) (8 U.S.C. 1182(m)(3)) is amended to read as follows:
`(3) The initial period of authorized admission as a nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 3 years, and may be extended once for an additional 3-year period.’.
(b) Number of Visas- Section 212(m)(4) (8 U.S.C. 1182(m)(4)) is amended by striking `500.’ and inserting `300.’.
(c) Portability- Section 214(n) (8 U.S.C. 1184(n)), as amended by section 4103(b), is further amended by adding at the end the following:
`(4)(A) A nonimmigrant alien described in subparagraph (B) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c) is authorized to accept new employment performing services as a registered nurse for a facility described in section 212(m)(6) upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (c). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.
`(B) A nonimmigrant alien described in this paragraph is a nonimmigrant alien–
`(i) who has been lawfully admitted into the United States;
`(ii) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Secretary of Homeland Security, except that, if a nonimmigrant described in section 101(a)(15)(H)(i)(c) is terminated or laid off by the nonimmigrant’s employer, or otherwise ceases employment with the employer, such petition for new employment shall be filed during the 60-day period beginning on the date of such termination, lay off, or cessation; and
`(iii) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.’.
(d) Applicability-
(1) IN GENERAL- Beginning on the commencement date described in paragraph (2), the amendments made by section 2 of the Nursing Relief for Disadvantaged Areas Act of 1999 (Public Law 106-95; 113 Stat. 1313), and the amendments made by this section, shall apply to classification petitions filed for nonimmigrant status. This period shall be in addition to the period described in section 2(e) of the Nursing Relief for Disadvantaged Areas Act of 1999 (8 U.S.C. 1182 note).
(2) COMMENCEMENT DATE- Not later than 60 days after the date of the enactment of this Act, the Secretary shall determine whether regulations are necessary to implement the amendments made by this section. If the Secretary determines that no such regulations are necessary, the commencement date described in this paragraph shall be the date of such determination. If the Secretary determines that regulations are necessary to implement any amendment made by this section, the commencement date described in this paragraph shall be the date on which such regulations (in final form) take effect.
SEC. 4213. NEW APPLICATION REQUIREMENTS.

 

Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after clause (iii) of subparagraph (G), as amended by section 4211(c)(2), the following:
`(H)(i) The employer has not advertised any available position specified in the application in an advertisement that states or indicates that–
`(I) such position is only available to an individual who is or will be an H-1B nonimmigrant or an alien participating in optional practical training pursuant to section 101(a)(15)(F)(i); or
`(II) an individual who is or will be an H-1B nonimmigrant or participant in such optional practical training shall receive priority or a preference in the hiring process for such position.
`(ii) The employer has not solely recruited individuals who are or who will be H-1B nonimmigrants or participants in optional practical training pursuant to section 101(a)(15)(F)(i) to fill such position.
`(I)(i) If the employer (other than an educational or research employer) employs 50 or more employees in the United States, the sum of the number of such employees who are H-1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) may not exceed–
`(I) 75 percent of the total number of employees, for fiscal year 2015;
`(II) 65 percent of the total number of employees, for fiscal year 2016; and
`(III) 50 percent of the total number of employees, for each fiscal year after fiscal year 2016.
`(ii) In this subparagraph:
`(I) The term `educational or research employer’ means an employer that is a nonprofit institution of higher education or a nonprofit research organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code.
`(II) The term `H-1B nonimmigrant’ means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b).
`(III) The term `L nonimmigrant’ means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(L) to provide services to his or her employer involving specialized knowledge.
`(iii) In determining the percentage of employees of an employer that are H-1B nonimmigrants or L nonimmigrants under clause (i), an intending immigrant employee shall not count toward such percentage.
`(J) The employer shall submit to the Secretary of Homeland Security an annual report that includes the Internal Revenue Service Form W-2 Wage and Tax Statement filed by the employer for each H-1B nonimmigrant employed by the employer during the previous year.’.
SEC. 4214. APPLICATION REVIEW REQUIREMENTS.

 

(a) Technical Amendment- Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by section 4213, is further amended in the undesignated paragraph at the end, by striking `The employer’ and inserting the following:
`(K) The employer’.
(b) Application Review Requirements- Subparagraph (K) of such section 212(n)(1), as designated by subsection (a), is amended–
(1) by inserting `and through the Department of Labor’s website, without charge.’ after `D.C.’;
(2) by striking `only for completeness’ and inserting `for completeness and evidence of fraud or misrepresentation of material fact,’;
(3) by striking `or obviously inaccurate’ and inserting `, presents evidence of fraud or misrepresentation of material fact, or is obviously inaccurate’;
(4) by striking `within 7 days of the’ and inserting `not later than 14 days after’; and
(5) by adding at the end the following: `If the Secretary’s review of an application identifies evidence of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing in accordance with paragraph (2).’.
(c) Filing of Petition for Nonimmigrant Worker- Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by section 4213, is further amended by adding at the end the following:
`(L) An I-129 Petition for Nonimmigrant Worker (or similar successor form)–
`(i) may be filed by an employer with the Secretary of Homeland Security prior to the date the employer receives an approved certification described in section 101(a)(15)(H)(i)(b) from the Secretary of Labor; and
`(ii) may not be approved by the Secretary of Homeland Security until the date such certification is approved.’.
CHAPTER 2–INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B EMPLOYERS

 

SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND DISPOSITION.

 

Section 212(n) (8 U.S.C. 1182(n)) is amended–
(1) in paragraph (2)(A)–
(A) by striking `(A) Subject’ and inserting `(A)(i) Subject’;
(B) by inserting after the first sentence the following: `Such process shall include publicizing a dedicated toll-free number and publicly available Internet website for the submission of such complaints.’;
(C) by striking `12 months’ and inserting `24 months’;
(D) by striking the last sentence and inserting the following: `The Secretary shall issue regulations requiring that employers that employ H-1B nonimmigrants, other than nonprofit institutions of higher education and nonprofit research organizations, through posting of notices or other appropriate means, inform their employees of such toll-free number and Internet website and of their right to file complaints pursuant to this paragraph.’; and
(E) by adding at the end the following:
`(ii)(I) Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.
`(II) The Secretary may conduct voluntary surveys of the degree to which employers comply with the requirements of this subsection.
`(III) The Secretary shall–
`(aa) conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H-1B nonimmigrants; and
`(bb) make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause.’; and
(2) by adding at the end the following new paragraph:
`(6) REPORT REQUIRED- Not later than 1 year after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, and every 5 years thereafter, the Inspector General of the Department of Labor shall submit a report regarding the Secretary’s enforcement of the requirements of this section to the Committee on the Judiciary and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary and the Committee on Education and the Workforce of the House of Representatives.’.
SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.

 

Subparagraph (C) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended–
(1) in clause (i)–
(A) in the matter preceding subclause (I)–
(i) by striking `a condition of paragraph (1)(B), (1)(E), or (1)(F)’ and inserting `a condition under subparagraph (A), (B), (C)(i), (E), (F), (G), (H), (I), or (J) of paragraph (1)’; and
(ii) by striking `(1)(C)’ and inserting `(1)(C)(ii)’;
(B) in subclause (I)–
(i) by striking `$1,000′ and inserting `$2,000′; and
(ii) by striking `and’ at the end;
(C) in subclause (II), by striking the period at the end and inserting a semicolon and `and’; and
(D) by adding at the end the following:
`(III) an employer that violates such subparagraph (A) shall be liable to any employee harmed by such violations for lost wages and benefits.’; and
(2) in clause (ii)–
(A) in subclause (I)–
(i) by striking `may’ and inserting `shall’; and
(ii) by striking `$5,000′ and inserting `$10,000′;
(B) in subclause (II), by striking the period at the end and inserting a semicolon and `and’; and
(C) by adding at the end the following:
`(III) an employer that violates such subparagraph (A) shall be liable to any employee harmed by such violations for lost wages and benefits.’;
(3) in clause (iii)–
(A) in the matter preceding subclause (I), by striking `90 days’ both places it appears and inserting `180 days’;
(B) in subclause (I)–
(i) by striking `may’ and inserting `shall’; and
(ii) by striking `and’ at the end;
(C) in subclause (II), by striking the period at the end and inserting a semicolon and `and’; and
(D) by adding at the end the following:
`(III) an employer that violates subparagraph (A) of such paragraph shall be liable to any employee harmed by such violations for lost wages and benefits.’;
(4) in clause (iv)–
(A) by inserting `to take, or threaten to take, a personnel action, or’ before `to intimidate’;
(B) by inserting `(I)’ after `(iv)’; and
(C) by adding at the end the following:
`(II) An employer that violates this clause shall be liable to any employee harmed by such violation for lost wages and benefits.’; and
(5) in clause (vi)–
(A) by amending subclause (I) to read as follows:
`(I) It is a violation of this clause for an employer who has filed an application under this subsection–
`(aa) to require an H-1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer (the Secretary shall determine whether a required payment is a penalty, and not liquidated damages, pursuant to relevant State law); and
`(bb) to fail to offer to an H-1B nonimmigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to similarly situated United States workers, benefits and eligibility for benefits, including–
`(AA) the opportunity to participate in health, life, disability, and other insurance plans;
`(BB) the opportunity to participate in retirement and savings plans; and
`(CC) cash bonuses and noncash compensation, such as stock options (whether or not based on performance).’; and
(B) in subclause (III), by striking `$1,000′ and inserting `$2,000′.
SEC. 4223. INITIATION OF INVESTIGATIONS.

 

Subparagraph (G) of section 212(n)(2) (8 U.S.C. 1182(n)(2)) is amended–
(1) in clause (i), by striking `if the Secretary’ and all that follows and inserting `with regard to the employer’s compliance with the requirements of this subsection.’;
(2) in clause (ii), by striking `and whose identity’ and all that follows through `failure or failures.’ and inserting `the Secretary of Labor may conduct an investigation into the employer’s compliance with the requirements of this subsection.’;
(3) in clause (iii), by striking the last sentence;
(4) by striking clauses (iv) and (v);
(5) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively;
(6) in clause (iv), as so redesignated, by striking `meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months’ and inserting `comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months’;
(7) by amending clause (v), as so redesignated, to read as follows:
`(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.’;
(8) in clause (vi), as so redesignated, by striking `An investigation’ and all that follows through `the determination.’ and inserting `If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.’; and
(9) by adding at the end the following:
`(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty under subparagraph (C).’.
SEC. 4224. INFORMATION SHARING.

 

Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by sections 4222 and 4223, is further amended by adding at the end the following:
`(J) The Director of U.S. Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by employers of H-1B nonimmigrants as part of the adjudication process that indicates that the employer is not complying with visa program requirements for H-1B nonimmigrants. The Secretary of Labor may initiate and conduct an investigation related to H-1B nonimmigrants and a hearing under this paragraph after receiving information of noncompliance under this subparagraph. This subparagraph may not be construed to prevent the Secretary of Labor from taking action related to wage and hour and workplace safety laws.
`(K) The Secretary of Labor shall facilitate the posting of the descriptions described in paragraph (1)(C)(i) on the Internet website of the State labor or workforce agency for the State in which the position will be primarily located during the same period as the posting under paragraph (1)(C)(i).’.
SEC. 4225. TRANSPARENCY OF HIGH-SKILLED IMMIGRATION PROGRAMS.

 

Section 416(c) of the American Competitiveness and Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) is amended–
(1) by amending paragraph (2) to read as follows:
`(2) ANNUAL H-1B NONIMMIGRANT CHARACTERISTICS REPORT- The Bureau of Immigration and Labor Market Research shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains–
`(A) information on the countries of origin of, occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) during the previous fiscal year;
`(B) a list of all employers who petition for H-1B visas, the number of such petitions filed and approved for each such employer, the occupational classifications for the approved positions, and the number of H-1B nonimmigrants for whom each such employer files for adjustment to permanent resident status;
`(C) the number of immigrant status petitions filed during the prior year on behalf of H-1B nonimmigrants;
`(D) a list of all employers who are H-1B-dependent employers;
`(E) a list of all employers who are H-1B skilled worker dependent employers;
`(F) a list of all employers for whom more than 30 percent of their United States workforce is H-1B or L-1 nonimmigrants;
`(G) a list of all employers for whom more than 50 percent of their United States workforce is H-1B or L-1 nonimmigrants;
`(H) a gender breakdown by occupation and by country of H-1B nonimmigrants;
`(I) a list of all employers who have been approved to conduct outplacement of H-1B nonimmigrants; and
`(J) the number of H-1B nonimmigrants categorized by their highest level of education and whether such education was obtained in the United States or in a foreign country.’;
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
`(3) ANNUAL L-1 NONIMMIGRANT CHARACTERISTICS REPORT- The Bureau of Immigration and Labor Market Research shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains–
`(A) information on the countries of origin of, occupations of, educational levels attained by, and compensation paid to, aliens who were 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)) during the previous fiscal year;
`(B) a list of all employers who petition for L-1 visas, the number of such petitions filed and approved for each such employer, the occupational classifications for the approved positions, and the number of L-1 nonimmigrants for whom each such employer files for adjustment to permanent resident status;
`(C) the number of immigrant status petitions filed during the prior year on behalf of L-1 nonimmigrants;
`(D) a list of all employers who are L-1 dependent employers;
`(E) a gender breakdown by occupation and by country of L-1 nonimmigrants;
`(F) a list of all employers who have been approved to conduct outplacement of L-1 nonimmigrants; and
`(G) the number of L-1 nonimmigrants categorized by their highest level of education and whether such education was obtained in the United States or in a foreign country.
`(4) ANNUAL EMPLOYER SURVEY- The Bureau of Immigration and Labor Market Research shall–
`(A) conduct an annual survey of employers hiring foreign nationals under the L-1 visa program; and
`(B) shall issue an annual report that–
`(i) describes the methods employers are using to meet the requirement of taking good faith steps to recruit United States workers for the occupational classification for which the nonimmigrants are sought, using procedures that meet industry-wide standards;
`(ii) describes the best practices for recruiting among employers; and
`(iii) contains recommendations on which recruiting steps employers can take to maximize the likelihood of hiring American workers.’; and
(4) in paragraph (5), as redesignated, by striking `paragraph (2)’ and inserting `paragraphs (2) and (3)’.
CHAPTER 3–OTHER PROTECTIONS

 

SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR.

 

(a) Department of Labor Website- Section 212(n) (8 U.S.C. 1182(n)), as amended by section 4221(2), is further amended by adding at the end following:
`(7)(A) Not later than 90 days after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, the Secretary of Labor shall establish a searchable Internet website for posting positions as required by paragraph (1)(C). Such website shall be available to the public without charge.
`(B) The Secretary may work with private companies or nonprofit organizations to develop and operate the Internet website described in subparagraph (A).
`(C) The Secretary may promulgate rules, after notice and a period for comment, to carry out the requirements of this paragraph.’.
(b) Requirement for Publication- The Secretary of Labor shall submit to Congress and publish in the Federal Register and other appropriate media a notice of the date that the Internet website required by paragraph (6) of section 212(n) of the Immigration and Nationality Act, as amended by subsection (a), will be operational.
(c) Application- The amendments made by subsection (a) shall apply to an application filed on or after the date that is 30 days after the date described in subsection (b).
SEC. 4232. REQUIREMENTS FOR INFORMATION FOR H-1B AND L NONIMMIGRANTS.

 

(a) In General- Section 214 (8 U.S.C. 1184), as amended by section 3608, is further amended by adding at the end the following:
`(t) Requirements for Information for H-1B and L Nonimmigrants-
`(1) IN GENERAL- Upon issuing a visa to an applicant for nonimmigrant status pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15) who is outside the United States, the issuing office shall provide the applicant with–
`(A) a brochure outlining the obligations of the applicant’s employer and the rights of the applicant with regard to employment under Federal law, including labor and wage protections; and
`(B) the contact information for appropriate Federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights.
`(2) PROVISION OF MATERIAL- Upon the approval of an application of an applicant referred to in paragraph (1), the applicant shall be provided with the material described in subparagraphs (A) and (B) of paragraph (1)–
`(A) by the issuing officer of the Department of Homeland Security, if the applicant is inside the United States; or
`(B) by the appropriate official of the Department of State, if the applicant is outside the United States.
`(3) EMPLOYER TO PROVIDE IMMIGRATION PAPERWORK EXCHANGED WITH FEDERAL AGENCIES-
`(A) IN GENERAL- Not later than 30 days after a labor condition application is filed under section 212(n)(1), an employer shall provide an employee or beneficiary of such application who is or seeking nonimmigrant status under subparagraph (H)(i)(b) or (L) of section 101(a)(15) with a copy the original of all applications and petitions filed by the employer with the Department of Labor or the Department of Homeland Security for such employee or beneficiary.
`(B) WITHHOLDING OF FINANCIAL OR PROPRIETARY INFORMATION- If a document required to be provided to an employee or beneficiary under subparagraph (A) includes any financial or propriety information of the employer, the employer may redact such information from the copies provided to such employee or beneficiary.’.
(b) Report on Job Classification and Wage Determinations- Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall prepare a report analyzing the accuracy and effectiveness of the Secretary of Labor’s current job classification and wage determination system. The report shall–
(1) specifically address whether the systems in place accurately reflect the complexity of current job types as well as geographic wage differences; and
(2) make recommendations concerning necessary updates and modifications.
SEC. 4233. FILING FEE FOR H-1B-DEPENDENT EMPLOYERS.

 

(a) In General- Notwithstanding any other provision of law, there shall be a fee required to be submitted by an employer with an application for admission of an H-1B nonimmigrant as follows:
(1) For each fiscal year beginning in fiscal year 2015, $5,000 for applicants that employ 50 or more employees in the United States if more than 30 percent and less than 50 percent of the applicant’s employees are H-1B nonimmigrants or L nonimmigrants.
(2) For each of the fiscal years 2015 through 2017, $10,000 for applicants that employ 50 or more employees in the United States if more than 50 percent and less than 75 percent of the applicant’s employees are H-1B nonimmigrants or L nonimmigrants. Fees collected under this paragraph shall be deposited in the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1).
(b) Definitions- In this section:
(1) EMPLOYER- The term `employer’–
(A) means any entity or entities treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986; and
(B) does not include a nonprofit institution of higher education or a nonprofit research organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code that is–
(i) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or
(ii) a research organization.
(2) H-1B NONIMMIGRANT- The term `H-1B nonimmigrant’ means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)).
(3) INTENDING IMMIGRANT- The term `intending immigrant’ has the meaning given that term in paragraph (54)(A) of section 101(a)(54)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
(4) L NONIMMIGRANT- The term `L nonimmigrant’ means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) to provide services to the alien’s employer involving specialized knowledge.
(c) Exception for Intending Immigrants- In determining the percentage of employees of an employer that are H-1B nonimmigrants or L nonimmigrants under subsection (a), an intending immigrant employee shall not count toward such percentage.
(d) Conforming Amendment- Section 402 of the Act entitled `An Act making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010, and for other purposes’, approved August 13, 2010 (Public Law 111-230; 8 U.S.C. 1101 note) is amended by striking subsection (b).
SEC. 4234. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA PETITIONS.

 

Pursuant to section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)), the Secretary shall establish and collect–
(1) a fee for premium processing of employment-based immigrant petitions; and
(2) a fee for premium processing of an administrative appeal of any decision on a permanent employment-based immigrant petition.
SEC. 4235. TECHNICAL CORRECTION.

 

Section 212 (8 U.S.C. 1182) is amended by redesignating the second subsection (t), as added by section 1(b)(2)(B) of the Act entitled `An Act to amend and extend the Irish Peace Process Cultural and Training Program Act of 1998′ (Public Law 108-449 (118 Stat. 3470)), as subsection (u).
SEC. 4236. APPLICATION.

 

(a) In General- Except as otherwise specifically provided, the amendments made by this subtitle shall apply to applications filed on or after the date of the enactment of this Act.
(b) Special Requirements- Notwithstanding any other provision of law, the amendments made by section 4211(c) shall not apply to any application or petition filed by an employer on behalf of an existing employee.
SEC. 4237. PORTABILITY FOR BENEFICIARIES OF IMMIGRANT PETITIONS.

 

(a) Increased Portability- Section 204(j) (8 U.S.C. 1154(j)) is amended–
(1) by amending the subsection heading to read as follows:
`(j) Increased Portability- ‘;
(2) by striking `A petition’ and inserting the following:
`(1) LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS- A petition’; and
(3) by adding at the end the following:
`(2) PORTABILITY FOR BENEFICIARIES OF IMMIGRANT PETITIONS- Regardless of whether an employer withdraws a petition approved under paragraph (1), (2), or (3) of section 203(b)–
`(A) the petition shall remain valid with respect to a new job if–
`(i) the beneficiary changes jobs or employers after the petition is approved; and
`(ii) the new job is in the same or a similar occupational classification as the job for which the petition was approved; and
`(B) the employer’s legal obligations with respect to the petition shall terminate at the time the beneficiary changes jobs or employers.
`(3) DOCUMENTATION- The Secretary of Labor shall develop a mechanism to provide the beneficiary or prospective employer with sufficient information to determine whether a new position or job is in the same or similar occupation as the job for which the petition was approved. The Secretary of Labor shall provide confirmation of application approval if required for eligibility under this subsection. The Secretary of Homeland Security shall provide confirmation of petition approval if required for eligibility under this subsection.’.
(b) Adjustment of Status for Employment-based Immigrants- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status for Employment-based Immigrants-
`(1) PETITION- An alien, and any eligible dependents of such alien, who has filed a petition for immigrant status, may concurrently, or at any time thereafter, file an application with the Secretary of Homeland Security for adjustment of status if such petition is pending or has been approved, regardless of whether an immigrant visa is immediately available at the time the application is filed.
`(2) SUPPLEMENTAL FEE- If a visa is not immediately available at the time an application is filed under paragraph (1), the beneficiary of such application shall pay a supplemental fee of $500, which shall be deposited in the STEM Education and Training Account established under section 286(w). This fee shall not be collected from any dependent accompanying or following to join such beneficiary.
`(3) AVAILABILITY- An application filed pursuant to paragraph (2) may not be approved until the date on which an immigrant visa becomes available.’.
Subtitle C–L Visa Fraud and Abuse Protections

 

SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NONIMMIGRANTS.

 

Section 214(c)(2)(F) (8 U.S.C. 1184(c)(2)(F)) is amended to read as follows:
`(F)(i) An employer who employs L-1 nonimmigrants in a number that is equal to at least 15 percent of the total number of full-time equivalent employees employed by the employer shall not place, outsource, lease, or otherwise contract for the services or placement of such alien with another employer. In determining the number of employees who are L-1 nonimmigrants, an intending immigrant shall count as a United States worker.
`(ii) The employer of an alien described in section 101(a)(15)(L) shall not place, outsource, lease, or otherwise contract for the services or placement of such alien with another employer unless–
`(I) such alien will not be controlled or supervised principally by the employer with whom such alien would be placed;
`(II) the placement of such alien at the worksite of the other employer is not essentially an arrangement to provide labor for hire for the other employer; and
`(III) the employer of such alien pays a fee of $500, which shall be deposited in the STEM Education and Training Account established under section 286(w).’.
SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW OFFICES.

 

Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following:
`(G)(i) If the beneficiary of a petition under this paragraph is coming to the United States to open, or be employed in, a new office, the petition may be approved for up to 12 months only if–
`(I) the alien has not been the beneficiary of 2 or more petitions under this subparagraph during the immediately preceding 2 years; and
`(II) the employer operating the new office has–
`(aa) an adequate business plan;
`(bb) sufficient physical premises to carry out the proposed business activities; and
`(cc) the financial ability to commence doing business immediately upon the approval of the petition.
`(ii) An extension of the approval period under clause (i) may not be granted until the importing employer submits an application to the Secretary of Homeland Security that contains–
`(I) evidence that the importing employer meets the requirements of this subsection;
`(II) evidence that the beneficiary of the petition is eligible for nonimmigrant status under section 101(a)(15)(L);
`(III) a statement summarizing the original petition;
`(IV) evidence that the importing employer has complied with the business plan submitted under clause (i)(I);
`(V) evidence of the truthfulness of any representations made in connection with the filing of the original petition;
`(VI) evidence that the importing employer has been doing business at the new office through regular, systematic, and continuous provision of goods and services;
`(VII) a statement of the duties the beneficiary has performed at the new office during the approval period under clause (i) and the duties the beneficiary will perform at the new office during the extension period granted under this clause;
`(VIII) a statement describing the staffing at the new office, including the number of employees and the types of positions held by such employees;
`(IX) evidence of wages paid to employees;
`(X) evidence of the financial status of the new office; and
`(XI) any other evidence or data prescribed by the Secretary.
`(iii) A new office employing the beneficiary of an L-1 petition approved under this paragraph shall do business only through regular, systematic, and continuous provision of goods and services.
`(iv) Notwithstanding clause (ii), and subject to the maximum period of authorized admission set forth in subparagraph (D), the Secretary of Homeland Security, in the Secretary’s discretion, may approve a subsequently filed petition on behalf of the beneficiary to continue employment at the office described in this subparagraph for a period beyond the initially granted 12-month period if the importing employer has been doing business at the new office through regular, systematic, and continuous provision of goods and services for the 6 months immediately preceding the date of extension of petition filing and demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances, as determined by the Secretary in the Secretary’s discretion.’.
SEC. 4303. COOPERATION WITH SECRETARY OF STATE.

 

Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by section 4302, is further amended by adding at the end the following:
`(H) For purposes of approving petitions under this paragraph, the Secretary of Homeland Security shall work cooperatively with the Secretary of State to verify the existence or continued existence of a company or office in the United States or in a foreign country.’.
SEC. 4304. LIMITATION ON EMPLOYMENT OF L NONIMMIGRANTS.

 

Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections 4302 and 4303, is further amended by adding at the end the following:
`(I)(i) If the employer employs 50 or more employees in the United States, the sum of the number of such employees who are H-1B nonimmigrants plus the number of such employees who are L nonimmigrants may not exceed–
`(I) 75 percent of the total number of employees, for fiscal year 2015;
`(II) 65 percent of the total number of employees, for fiscal year 2016; and
`(III) 50 percent of the total number of employees, for each fiscal year after fiscal year 2016.
`(ii) In this subparagraph:
`(I) The term `employer’ does not include a nonprofit institution of higher education or a nonprofit research organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code that is–
`(aa) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or
`(bb) a research organization.
`(II) The term `H-1B nonimmigrant’ means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b).
`(III) The term `L nonimmigrant’ means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(L) to provide services to the alien’s employer involving specialized knowledge.
`(iii) In determining the percentage of employees of an employer that are H-1B nonimmigrants or L nonimmigrants under clause (i), an intending immigrant employee shall not count toward such percentage.’.
SEC. 4305. FILING FEE FOR L NONIMMIGRANTS.

 

(a) In General- Notwithstanding any other provision of law, the filing fee for an application for admission of an L nonimmigrant shall be as follows:
(1) For each of the fiscal years beginning in fiscal year 2014, $5,000 for applicants that employ 50 or more employees in the United States if more than 30 percent and less than 50 percent of the applicant’s employees are H-1B nonimmigrants or L nonimmigrants.
(2) For each of the fiscal years 2014 through 2017, $10,000 for applicants that employ 50 or more employees in the United States if more than 50 percent and less than 75 percent of the applicant’s employees are H-1B nonimmigrants or L nonimmigrants. Fees collected under this paragraph shall be deposited in the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1).
(b) Definitions- In this section:
(1) EMPLOYER- The term `employer’ does not include a nonprofit institution of higher education or a nonprofit research organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code that is–
(A) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or
(B) a research organization.
(2) H-1B NONIMMIGRANT- The term `H-1B nonimmigrant’ means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)).
(3) L NONIMMIGRANT- The term `L nonimmigrant’ means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) to provide services to the alien’s employer involving specialized knowledge.
(c) Exception for Intending Immigrants- In determining the percentage of employees of an employer that are H-1B nonimmigrants or L nonimmigrants under subsection (a), an intending immigrant employee (as defined in section 101(a)(54)(A) of the Immigration and Nationality Act shall not count toward such percentage.
(d) Conforming Amendment- Section 402 of the Act entitled `An Act making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010, and for other purposes’, approved August 13, 2010 (Public Law 111-230; 8 U.S.C. 1101 note), as amended by section 4233(d), is further amended by striking subsections (a) and (c).
SEC. 4306. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L NONIMMIGRANT EMPLOYERS.

 

Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections 4302, 4303, and 4304 is further amended by adding at the end the following:
`(J)(i) The Secretary of Homeland Security may initiate an investigation of any employer that employs nonimmigrants described in section 101(a)(15)(L) with regard to the employer’s compliance with the requirements of this subsection.
`(ii)(I) If the Secretary receives specific credible information from a source who is likely to have knowledge of an employer’s practices, employment conditions, or compliance with the requirements under this subsection, the Secretary may conduct an investigation into the employer’s compliance with the requirements of this subsection.
`(II) The Secretary may withhold the identity of a source referred to in subclause (I) from an employer and the identity of such source shall not be subject to disclosure under section 552 of title 5, United States Code.
`(iii) The Secretary shall establish a procedure for any person desiring to provide to the Secretary information described in clause (ii)(I) that may be used, in whole or in part, as the basis for the commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary and completed by or on behalf of the person.
`(iv) No investigation described in clause (ii)(I) (or hearing described in clause (vi) based on such investigation) may be conducted with respect to information about a failure to comply with the requirements under this subsection, unless the Secretary receives the information not later than 24 months after the date of the alleged failure.
`(v)(I) Subject to subclause (III), before commencing an investigation of an employer under clause (i) or (ii), the Secretary shall provide notice to the employer of the intent to conduct such investigation.
`(II) The notice required by subclause (I) shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced.
`(III) The Secretary is not required to comply with this clause if the Secretary determines that to do so would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection.
`(IV) There shall be no judicial review of a determination by the Secretary under this clause.
`(vi) If the Secretary, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide the interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 120 days after the date of the hearing.
`(vii) If the Secretary, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary shall impose a penalty under subparagraph (K).
`(viii)(I) The Secretary may conduct voluntary surveys of the degree to which employers comply with the requirements under this section.
`(II) The Secretary shall–
`(aa) conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are nonimmigrants described in 101(a)(15)(L); and
`(bb) make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause.’.
SEC. 4307. PENALTIES.

 

Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections 4302, 4303, 4304, and 4306, is further amended by adding at the end the following:
`(K)(i) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a failure by an employer to meet a condition under subparagraph (F), (G), or (L) or a misrepresentation of material fact in a petition to employ 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)–
`(I) the Secretary shall impose such administrative remedies (including civil monetary penalties in an amount not to exceed $2,000 per violation) as the Secretary determines to be appropriate;
`(II) the Secretary may not, during a period of at least 1 year, approve a petition for that employer to employ 1 or more aliens as such nonimmigrants; and
`(III) in the case of a violation of subparagraph (J), the employer shall be liable to the employees harmed by such violation for lost wages and benefits.
`(ii) If the Secretary finds, after notice and an opportunity for a hearing, a willful failure by an employer to meet a condition under subparagraph (F), (G), or (L) or a willful misrepresentation of material fact in a petition to employ 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)–
`(I) the Secretary shall impose such administrative remedies (including civil monetary penalties in an amount not to exceed $10,000 per violation) as the Secretary determines to be appropriate;
`(II) the Secretary may not, during a period of at least 2 years, approve a petition filed for that employer to employ 1 or more aliens as such nonimmigrants; and
`(III) in the case of a violation of subparagraph (J), the employer shall be liable to the employees harmed by such violation for lost wages and benefits.’.
SEC. 4308. PROHIBITION ON RETALIATION AGAINST L NONIMMIGRANTS.

 

Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by sections 4302, 4303, 4303, 4306, and 4307, is further amended by adding at the end the following:
`(L)(i) It is a violation of this subparagraph for an employer who has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L) to take, fail to take, or threaten to take or fail to take, a personnel action, or to intimidate, threaten, restrain, coerce, blacklist, discharge, or discriminate in any other manner against an employee because the employee–
`(I) has disclosed information that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection; or
`(II) cooperates or seeks to cooperate with the requirements of this subsection, or any rule or regulation pertaining to this subsection.
`(ii) In this subparagraph, the term `employee’ includes–
`(I) a current employee;
`(II) a former employee; and
`(III) an applicant for employment.’.
SEC. 4309. REPORTS ON L NONIMMIGRANTS.

 

Section 214(c)(8) (8 U.S.C. 1184(c)(8)) is amended by inserting `(L),’ after `(H),’.
SEC. 4310. APPLICATION.

 

The amendments made by this subtitle shall apply to applications filed on or after the date of the enactment of this Act.
SEC. 4311. REPORT ON L BLANKET PETITION PROCESS.

 

Not later than 6 months after the date of the enactment of this Act, the Inspector General of the Department shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding the use of blanket petitions under section 214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(A)). Such report shall assess the efficiency and reliability of the process for reviewing such blanket petitions, including whether the process includes adequate safeguards against fraud and abuse.
Subtitle D–Other Nonimmigrant Visas

 

SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS.

 

(a) Authorization of Dual Intent for F Nonimmigrants Seeking Bachelor’s or Graduate Degrees- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended to read as follows:
`(F)(i) an alien having a residence in a foreign country 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 accredited college, university, or language training program, or at an established seminary, conservatory, academic high school, elementary school, or other academic institution in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Secretary of Homeland Security the termination of attendance 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, except that such an alien who is not seeking to pursue a degree that is a bachelor’s degree or a graduate degree shall have a residence in a foreign country that the alien has no intention of abandoning;
`(ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien; and
`(iii) an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the alien’s qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico.’.
(b) Dual Intent- Section 214(h) (8 U.S.C. 1184(h)) is amended to read as follows:
`(h) Dual Intent- The fact that an alien is, or intends to be, the beneficiary of an application for a preference status filed under section 204, seeks a change or adjustment of status after completing a legitimate period of nonimmigrant stay, or has otherwise sought permanent residence in the United States shall not constitute evidence of intent to abandon a foreign residence that would preclude the alien from obtaining or maintaining–
`(1) a visa or admission as a nonimmigrant described in subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L), (O), (P), (V), or (W) of section 101(a)(15); or
`(2) the status of a nonimmigrant described in any such subparagraph.’.
(c) Requirement of Student Visa Data Transfer and Certification-
(1) IN GENERAL- The Secretary shall implement real-time transmission of data from the Student and Exchange Visitor Information System to databases used by U.S. Customs and Border Protection.
(2) CERTIFICATION-
(A) IN GENERAL- Not later than 120 days after the date of the enactment of this Act, the Secretary shall certify to Congress that the transmission of data referred to in paragraph (1) has been implemented.
(B) TEMPORARY SUSPENSION OF VISA ISSUANCE- If the Secretary has not made the certification referred to in subparagraph (A) during the 120-day period, the Secretary shall suspend issuance of visas under subparagraphs (F) and (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) until the certification is made.
SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION WORKERS FROM FREE TRADE COUNTRIES.

 

(a) Nonimmigrant Status- Section 101(a)(15)(E)(8 U.S.C. 1101(a)(15)(E)) is amended–
(1) in the matter preceding clause (i), by inserting `, bilateral investment treaty, or free trade agreement’ after `treaty of commerce and navigation’;
(2) in clause (ii), by striking `or’ at the end; and
(3) by adding at the end the following:
`(iv) solely to perform services in a specialty occupation in the United States if the alien is a national of a country, other than Chile, Singapore, or Australia, with which the United States has entered into a free trade agreement (regardless of whether such an agreement is a treaty of commerce and navigation) and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t);
`(v) solely to perform services in a specialty occupation in the United States if the alien is a national of the Republic of Korea and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t); or
`(vi) solely to perform services as an employee and who has at least a high school education or its equivalent, or has, during the most recent 5-year period, at least 2 years of work experience in an occupation which requires at least 2 years of training or experience if the alien is a national of a country–
`(I) designated as an eligible sub-Saharan African country under section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703); or
`(II) designated as a beneficiary country for purposes of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.);’.
(b) Numerical Limitation- Section 214(g)(11) (8 U.S.C. 1184(g)(11)) is amended–
(1) in subparagraph (A), by striking `section 101(a)(15)(E)(iii)’ and inserting `clauses (iii) and (vi) of section 101(a)(15)(E)’; and
(2) by amending subparagraph (B) to read as follows:
`(B) The applicable numerical limitation referred to in subparagraph (A) for each fiscal year is–
`(i) 10,500 for each of the nationalities identified in clause (iii) of section 101(a)(15)(E); and
`(ii) 10,500 for all aliens described in clause (vi) of such section.’.
(c) Free Trade Agreements- Section 214(g) (8 U.S.C. 1184(g)) is amended by adding at the end the following:
`(12)(A) The free trade agreements referred to in section 101(a)(15)(E)(iv) are defined as any free trade agreement designated by the Secretary of Homeland Security with the concurrence of the United States Trade Representative and the Secretary of State.
`(B) The Secretary of State may not approve a number of initial applications submitted for aliens described in clause (iv) or (v) of section 101(a)(15)(E) that is more than 5,000 per fiscal year for each country with which the United States has entered into a Free Trade Agreement.
`(C) The applicable numerical limitation referred to in subparagraph (A) shall apply only to principal aliens and not to the spouses or children of such aliens.’.
(d) Nonimmigrant Professionals- Section 212(t) (8 U.S.C. 1182(t)) is amended by striking `section 101(a)(15)(E)(iii)’ each place that term appears and inserting `clause (iv) or (v) of section 101(a)(15)(E)’.
SEC. 4403. E-VISA REFORM.

 

(a) Nonimmigrant Category- Section 101(a)(15)(E)(iii) (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting `, or solely to perform services as an employee and who has at least a high school education or its equivalent, or has, within 5 years, at least 2 years of work experience in an occupation which requires at least 2 years of training or experience if the alien is a national of the Republic of Ireland,’ after `Australia’.
(b) Temporary Admission- Section 212(d)(3)(A) (8 U.S.C. 1182(d)(3)(A)) is amended to read as follows:
`(A) Except as otherwise provided in this subsection–
`(i) an alien who is applying for a nonimmigrant visa and who the consular officer knows or believes to be ineligible for such visa under subsection (a) (other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)–
`(I) after approval by the Secretary of Homeland Security of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite the alien’s inadmissibility, may be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant, in the discretion of the Secretary of Homeland Security; or
`(II) absent such recommendation and approval, be granted a nonimmigrant visa pursuant to section 101(a)(15)(E) if such ineligibility is based solely on conduct in violation of paragraph (6), (7), or (9) of section 212(a) that occurred before the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; and
`(ii) an alien who is inadmissible under subsection (a) (other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection), is in possession of appropriate documents or was granted a waiver from such document requirement, and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant, in the discretion of the Secretary of Homeland Security, who shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.’.
(c) Numerical Limitation- Section 214(g)(11)(B) (8 U.S.C. 1184(g)(11)(B)) is amended by striking the period at the end and inserting `for each of the nationalities identified under section 101(a)(15)(E)(iii).’.
SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS.

 

(a) Portability- Paragraphs (1) and (2) of section 214(n) (8 U.S.C. 1184(n)) are amended to read as follows:
`(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) or 101(a)(15)(O)(i) is authorized to accept new employment pursuant to such section upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.
`(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien–
`(A) who has been lawfully admitted into the United States;
`(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Secretary of Homeland Security; and
`(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.’.
(b) Waiver- The undesignated material at the end of section 214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to read as follows:
`The Secretary of Homeland Security shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section 101(a)(15)(O)(i) because of extraordinary ability in the arts or extraordinary achievement in motion picture or television production and who seek readmission to perform similar services within 3 years after the date of a consultation under such subparagraph provided that, in the case of aliens admitted because of extraordinary achievement in motion picture or television production, such waiver shall apply only if the prior consultations by the appropriate union and management organization were favorable or raised no objection to the approval of the petition. Not later than 5 days after such a waiver is provided, the Secretary shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization. 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 Attorney General shall consider the exigencies and scheduling of the production; (iv) the Attorney General shall append to the decision any such opinion; and (v) upon making the decision, the Attorney General shall immediately provide a copy of the decision to the consulting labor and management organizations.’.
SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING ADJUDICATION OF APPLICATION.

 

Section 214 (8 U.S.C. 1184), as amended by sections 3609 and 4233, is further amended by adding at the end the following:
`(u) Treatment of Nonimmigrants During Adjudication of Application- A nonimmigrant alien granted employment authorization pursuant to sections 101(a)(15)(A), 101(a)(15)(E), 101(a)(15)(G), 101(a)(15)(H), 101(a)(15)(I), 101(a)(15)(J), 101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), 101(a)(15)(Q), 101(a)(15)(R), 214(e), and such other sections as the Secretary of Homeland Security may by regulations prescribe whose status has expired but who has, or whose sponsoring employer or authorized agent has, filed a timely application or petition for an extension of such employment authorization and nonimmigrant status as provided under subsection (a) is authorized to continue employment with the same employer until the application or petition is adjudicated. Such authorization shall be subject to the same conditions and limitations as the initial grant of employment authorization.’.
SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY SCHOOL STUDENTS.

 

Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is amended striking `unless–‘ and all that follows through `(ii)’ and inserting `unless’.
SEC. 4407. J-1 SUMMER WORK TRAVEL VISA EXCHANGE VISITOR PROGRAM FEE.

 

Section 281 (8 U.S.C. 1351), as amended by section 4105, is further amended by adding at the end the following:
`(e) J-1 Summer Work Travel Participant Fee- In addition to the fees authorized under subsection (a), the Secretary of State shall collect a $100 fee from each nonimmigrant entering under the Summer Work Travel program conducted by the Secretary of State pursuant to the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 2681-761). Fees collected under this subsection shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act.’.
SEC. 4408. J VISA ELIGIBILITY.

 

(a) Speakers of Certain Foreign Languages- Section 101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as follows:
`(J) an alien having a residence in a foreign country which he has no intention of abandoning who–
`(i) is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if such alien is coming to the United States to participate in a program under which such alien will receive graduate medical education or training, also meets the requirements of section 212(j), and the alien spouse and minor children of any such alien if accompanying such alien or following to join such alien; or
`(ii) is coming to the United States to perform work involving specialized knowledge or skill, including teaching on a full-time or part-time basis, that requires proficiency of languages spoken as a native language in countries of which fewer than 5,000 nationals were lawfully admitted for permanent residence in the United States in the previous year;’.
(b) Requirement for Annual List of Countries- The Secretary of State shall publish an annual list of the countries described in clause (ii) of section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)), as added by subsection (a).
(c) Summer Work Travel Program Employment in Seafood Processing- Notwithstanding any other provision of law or regulation, including part 62 of title 22, Code of Federal Regulations, or any proposed rule, the Secretary of State shall permit participants in the Summer Work Travel program described in section 62.32 of such title 22 who are admitted under section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)), as amended by subsection (a), to be employed in seafood processing positions in Alaska.

 

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