[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5658 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5658

       To amend the Immigration and Nationality Act to increase 
     competitiveness in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2010

 Mr. Shadegg (for himself and Mr. Djou) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
       To amend the Immigration and Nationality Act to increase 
     competitiveness in the United States, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Securing 
Knowledge, Innovation, and Leadership Act of 2010'' or the ``SKIL Act 
of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--ACCESS TO HIGH SKILLED FOREIGN WORKERS

Sec. 101. H-1B visa holders.
Sec. 102. Market-based visa limits.
   TITLE II--RETAINING FOREIGN WORKERS EDUCATED IN THE UNITED STATES

Sec. 201. United States educated immigrants.
Sec. 202. Immigrant visa backlog reduction.
Sec. 203. Student visa reform.
Sec. 204. L-1 visa holders subject to visa backlog.
Sec. 205. Retaining workers subject to green card backlog.
      TITLE III--BUSINESS FACILITATION THROUGH IMMIGRATION REFORM

Sec. 301. Streamlining the adjudication process for established 
                            employers.
Sec. 302. Providing premium processing of employment-based visa 
                            petitions.
Sec. 303. Eliminating procedural delays in labor certification process.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Completion of background and security checks.
Sec. 402. Visa revalidation.
Sec. 403. Severability.
Sec. 404. Constitutional authority.

            TITLE I--ACCESS TO HIGH SKILLED FOREIGN WORKERS

SEC. 101. H-1B VISA HOLDERS.

    (a) In General.--Section 214(g)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``nonprofit research'' and 
                inserting ``nonprofit'';
                    (B) by inserting ``Federal, State, or local'' 
                before ``governmental''; and
                    (C) by striking ``or'' at the end;
            (2) in subparagraph (C)--
                    (A) by striking ``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))),'' 
                and inserting ``an institution of higher education in a 
                foreign country,''; and
                    (B) by striking the period at the end and inserting 
                a semicolon; and
            (3) by adding at the end, the following new subparagraphs:
            ``(D) has earned a master's or higher degree 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))); or
            ``(E) has been awarded medical specialty certification 
        based on post-doctoral training and experience in the United 
        States.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to any petition or visa application pending on the date of 
enactment of this Act and any petition or visa application filed on or 
after such date.

SEC. 102. MARKET-BASED VISA LIMITS.

    Section 214(g) of the Immigration and Nationality Act (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) in subparagraph (A)--
                            (i) in clause (vi) by striking ``and'';
                            (ii) in clause (vii), by striking ``each 
                        succeeding fiscal year; or'' and inserting 
                        ``each of fiscal years 2004 through 2010;''; 
                        and
                            (iii) by adding after clause (vii) the 
                        following:
                            ``(viii) 115,000 in the first fiscal year 
                        beginning after the date of the enactment of 
                        the Securing Knowledge, Innovation, and 
                        Leadership Act of 2010; and
                            ``(ix) the number calculated under 
                        paragraph (9) in each fiscal year after the 
                        fiscal year described in clause (viii); or'';
            (2) in paragraph (5), as amended by section 101(a), in the 
        matter preceding subparagraph (A), by inserting 
        ``101(a)(15)(H)(i)(b1) or section'' after ``under section'';
            (3) in paragraph (8), by striking subparagraphs (B)(iv) and 
        (D);
            (4) by redesignating paragraphs (9), (10), and (11) as 
        paragraphs (10), (11), and (12), respectively; and
            (5) by inserting after paragraph (8) the following:
            ``(9) If the numerical limitation in paragraph (1)(A)--
                    ``(A) is reached during the previous fiscal year, 
                the numerical limitation under paragraph (1)(A)(ix) for 
                the subsequent fiscal year shall be equal to 120 
                percent of the numerical limitation for the previous 
                fiscal year; or
                    ``(B) is not reached during the previous fiscal 
                year, the numerical limitation under paragraph 
                (1)(A)(ix) for the subsequent fiscal year shall be 
                equal to the numerical limitation for the previous 
                fiscal year.''.

   TITLE II--RETAINING FOREIGN WORKERS EDUCATED IN THE UNITED STATES

SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.

    (a) In General.--Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end 
the following:
                    ``(F) Aliens who have earned a master's or higher 
                degree from an accredited United States university.
                    ``(G) Aliens who have been awarded medical 
                specialty certification based on post-doctoral training 
                and experience in the United States preceding their 
                application for an immigrant visa under section 203(b).
                    ``(H) Aliens who will perform labor in shortage 
                occupations designated by the Secretary of Labor for 
                blanket certification under section 212(a)(5)(A) as 
                lacking sufficient United States workers able, willing, 
                qualified, and available for such occupations and for 
                which the employment of aliens will not adversely 
                affect the terms and conditions of similarly employed 
                United States workers.
                    ``(I) Aliens who have earned a master's degree or 
                higher in science, technology, engineering, or math and 
                have been working in a related field in the United 
                States in a nonimmigrant status during the 3-year 
                period preceding their application for an immigrant 
                visa under section 203(b).
                    ``(J) Aliens described in subparagraph (A) or (B) 
                of section 203(b)(1) or who have received a national 
                interest waiver under section 203(b)(2)(B).
                    ``(K) The spouse and minor children of an alien who 
                is admitted as an employment-based immigrant under 
                section 203(b).''.
    (b) Labor Certifications.--Section 212(a)(5)(A)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)(ii)) is 
amended--
            (1) in subclause (I), by striking ``or'' at the end;
            (2) in subclause (II), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(III) is a member of the 
                                professions and has a master's degree 
                                or higher from an accredited United 
                                States university or has been awarded 
                                medical specialty certification based 
                                on post-doctoral training and 
                                experience in the United States.''.

SEC. 202. IMMIGRANT VISA BACKLOG REDUCTION.

    Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 
1151(d)) is amended to read as follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--The 
worldwide level of employment-based immigrants under this subsection 
for a fiscal year is equal to the sum of--
            ``(1) 290,000;
            ``(2) the difference between--
                    ``(A) the maximum number of visas authorized to be 
                issued under this subsection during the previous fiscal 
                year; and
                    ``(B) the number of such visas issued during the 
                previous fiscal year; and
            ``(3) the difference between--
                    ``(A) the maximum number of visas authorized to be 
                issued under this subsection during fiscal years 2001 
                through 2005 and the number of visa numbers issued 
                under this subsection during such fiscal years; and
                    ``(B) the number of visas calculated under 
                subparagraph (A) that were issued after fiscal year 
                2005.''.

SEC. 203. STUDENT VISA REFORM.

    (a) In General.--Section 101(a)(15)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended to read as 
follows:
            ``(F) an alien--
                    ``(i) who--
                            ``(I) is a bona fide student qualified to 
                        pursue a full course of study in mathematics, 
                        engineering, technology, or the sciences 
                        leading to a bachelors or graduate degree and 
                        who seeks to enter the United States for the 
                        purpose of pursuing such a course of study 
                        consistent with section 214(m) at an 
                        institution of higher education (as defined by 
                        section 101(a) of the Higher Education Act of 
                        1965 (20 U.S.C. 1001(a))) 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; or
                            ``(II) is engaged in temporary employment 
                        for optional practical training related to such 
                        alien's area of study following completion of 
                        the course of study described in subclause (I) 
                        for a period or periods of not more than 24 
                        months;
                    ``(ii) who--
                            ``(I) has a residence in a foreign country 
                        which the alien has no intention of abandoning, 
                        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 
                        established college, university, seminary, 
                        conservatory, academic high school, elementary 
                        school, or other academic institution or in a 
                        language training program 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; or
                            ``(II) is engaged in temporary employment 
                        for optional practical training related to such 
                        alien's area of study following completion of 
                        the course of study described in subclause (I) 
                        for a period or periods of not more than 24 
                        months;
                    ``(iii) who is the spouse or minor child of an 
                alien described in clause (i) or (ii) if accompanying 
                or following to join such an alien; or
                    ``(iv) who--
                            ``(I) 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) or (ii) 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; or
                            ``(II) is engaged in temporary employment 
                        for optional practical training related to such 
                        alien's area of study following completion of 
                        the course of study described in subclause (I) 
                        for a period or periods of not more than 24 
                        months;''.
    (b) Admission.--Section 214(b) of the Immigration and Nationality 
Act (8 U.S.C. 1184(b)) is amended by inserting ``(F)(i),'' before ``(L) 
or (V)''.
    (c) Conforming Amendment.--Section 214(m)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(m)(1)) is amended, in the matter 
preceding subparagraph (A), by striking ``(i) or (iii)'' and inserting 
``(i), (ii), or (iv)''.

SEC. 204. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)) is amended by adding at the end the following new 
subparagraph:
    ``(G) The limitations contained in subparagraph (D) with respect to 
the duration of authorized stay shall not apply to any nonimmigrant 
alien previously issued a visa or otherwise provided nonimmigrant 
status under section 101(a)(15)(L) on whose behalf a petition under 
section 204(b) to accord the alien immigrant status under section 
203(b), or an application for labor certification (if such 
certification is required for the alien to obtain status under such 
section 203(b)) has been filed, if 365 days or more have elapsed since 
such filing. The Secretary of Homeland Security shall extend the stay 
of an alien who qualifies for an exemption under this subparagraph 
until such time as a final decision is made on the alien's lawful 
permanent residence.''.

SEC. 205. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

    (a) Adjustment of Status.--
            (1) In general.--Section 245(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(a)) is amended to read as 
        follows:
    ``(a) Eligibility.--
            ``(1) In general.--The status of an alien who was inspected 
        and admitted or paroled into the United States or the status of 
        any other alien having an approved petition for classification 
        under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
        section 204(a)(1) may be adjusted by the Secretary of Homeland 
        Security or the Attorney General, in the discretion of the 
        Secretary or the Attorney General under such regulations as the 
        Secretary or Attorney General may prescribe, to that of an 
        alien lawfully admitted for permanent residence if--
                    ``(A) the alien makes an application for such 
                adjustment;
                    ``(B) the alien is eligible to receive an immigrant 
                visa and is admissible to the United States for 
                permanent residence; and
                    ``(C) an immigrant visa is immediately available to 
                the alien at the time the application is filed.
            ``(2) Supplemental fee.--An application under paragraph (1) 
        that is based on a petition approved or approvable under 
        subparagraph (E) or (F) of section 204(a)(1) may be filed 
        without regard to the limitation set forth in paragraph (1)(C) 
        if a supplemental fee of $500 is paid by the principal alien at 
        the time the application is filed. A supplemental fee may not 
        be required for any dependent alien accompanying or following 
        to join the principal alien.
            ``(3) Visa availability.--An application for adjustment 
        filed under this paragraph may not be approved until such time 
        as an immigrant visa become available.''.
    (b) Use of Fees.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is 
amended by inserting before the period at the end ``and the fees 
collected under section 245(a)(2).''.

      TITLE III--BUSINESS FACILITATION THROUGH IMMIGRATION REFORM

SEC. 301. STREAMLINING THE ADJUDICATION PROCESS FOR ESTABLISHED 
              EMPLOYERS.

    Section 214(c) of the Immigration and Nationality Act (8. U.S.C. 
1184) is amended by adding at the end the following new paragraph:
    ``(15) Not later than 180 days after the date of the enactment of 
the Securing Knowledge, Innovation, and Leadership Act of 2010, the 
Secretary of Homeland Security shall establish a pre-certification 
procedure for employers who file multiple petitions described in this 
subsection or section 203(b). Such precertification procedure shall 
enable an employer to avoid repeatedly submitting documentation that is 
common to multiple petitions and establish through a single filing 
criteria relating to the employer and the offered employment 
opportunity.''.

SEC. 302. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA 
              PETITIONS.

    (a) In General.--Pursuant to section 286(u) of the Immigration and 
Nationality Act (8 U.S.C. 1356(u)), the Secretary of Homeland Security 
shall establish and collect a fee for premium processing of employment-
based immigrant petitions.
    (b) Appeals.--Pursuant to such section 286(u), the Secretary of 
Homeland Security shall establish and collect a fee for premium 
processing of an administrative appeal of any decision on a permanent 
employment-based immigrant petition.

SEC. 303. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.

    (a) Prevailing Wage Rate.--
            (1) Requirement to provide.--The Secretary of Labor shall 
        provide prevailing wage determinations to employers seeking a 
        labor certification for aliens pursuant to part 656 of title 
        20, Code of Federal Regulation (or any successor regulation). 
        The Secretary may not delegate this function to any agency of a 
        State.
            (2) Schedule for determination.--Except as provided in 
        paragraph (3), the Secretary of Labor shall provide a response 
        to an employer's request for a prevailing wage determination in 
        no more than 20 calendar days from the date of receipt of such 
        request. If the Secretary fails to reply during such 20-day 
        period, then the wage proposed by the employer shall be the 
        valid prevailing wage rate.
            (3) Use of surveys.--The Secretary of Labor shall accept an 
        alternative wage survey provided by the employer unless the 
        Secretary determines that the wage component of the 
        Occupational Employment Statistics Survey is more accurate for 
        the occupation in the labor market area.
    (b) Placement of Job Order.--The Secretary of Labor shall maintain 
a Web site with links to the official Web site of each workforce agency 
of a State, and such official Web site shall contain instructions on 
the filing of a job order in order to satisfy the job order 
requirements of section 656.17(e)(1) of title 20, Code of Federal 
Regulation (or any successor regulation).
    (c) Technical Corrections.--The Secretary of Labor shall establish 
a process by which employers seeking certification under section 
212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), 
as amended by section 201(b), may make technical corrections to 
applications in order to avoid requiring employers to conduct 
additional recruitment to correct an initial technical error. A 
technical error shall include any error that would not have a material 
effect on the validity of the employer's recruitment of able, willing, 
and qualified United States workers.
    (d) Administrative Appeals.--Motions to reconsider, and 
administrative appeals of, a denial of a permanent labor certification 
application, shall be decided by the Secretary of Labor not later than 
60 days after the date of the filing of such motion or such appeal.
    (e) Applications Under Previous System.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Labor 
shall process and issue decisions on all applications for permanent 
alien labor certification that were filed prior to March 28, 2005.
    (f) Effective Date.--The provisions of this section shall take 
effect 90 days after the date of enactment of this Act, regardless of 
whether the Secretary of Labor has amended the regulations at part 656 
of title 20, Code of Federal Regulation to implement such changes.

                        TITLE IV--MISCELLANEOUS

SEC. 401. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

    Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 
is amended by adding at the end the following new subsection:
    ``(i) Requirement for Background Checks.--Notwithstanding any other 
provision of law, until appropriate background and security checks, as 
determined by the Secretary of Homeland Security, have been completed, 
and the information provided to and assessed by the official with 
jurisdiction to grant or issue the benefit or documentation, on an in-
camera basis as may be necessary with respect to classified, law 
enforcement, or other information that cannot be disclosed publicly, 
the Secretary of Homeland Security, the Attorney General, or any court 
may not--
            ``(1) grant or order the grant of adjustment of status of 
        an alien to that of an alien lawfully admitted for permanent 
        residence;
            ``(2) grant or order the grant of any other status, relief, 
        protection from removal, or other benefit under the immigration 
        laws; or
            ``(3) issue any documentation evidencing or related to such 
        grant by the Secretary, the Attorney General, or any court.
    ``(j) Requirement To Resolve Fraud Allegations.--Notwithstanding 
any other provision of law, until any suspected or alleged fraud 
relating to the granting of any status (including the granting of 
adjustment of status), relief, protection from removal, or other 
benefit under this Act has been investigated and resolved, the 
Secretary of Homeland Security and the Attorney General may not be 
required to--
            ``(1) grant or order the grant of adjustment of status of 
        an alien to that of an alien lawfully admitted for permanent 
        residence;
            ``(2) grant or order the grant of any other status, relief, 
        protection from removal, or other benefit under the immigration 
        laws; or
            ``(3) issue any documentation evidencing or related to such 
        grant by the Secretary, the Attorney General, or any court.
    ``(k) Prohibition of Judicial Enforcement.--Notwithstanding any 
other provision of law, no court may require any act described in 
subsection (i) or (j) to be completed by a certain time or award any 
relief for the failure to complete such acts.''.

SEC. 402. VISA REVALIDATION.

    (a) In General.--Section 222 of the Immigration and Nationality Act 
(8 U.S.C. 1202) is amended by adding at the end the following:
    ``(i) Visa Revalidation.--The Secretary of State shall permit an 
alien granted a nonimmigrant visa under subparagraph (E), (H), (I), 
(L), (O), or (P) of section 101(a)(15) to apply for a renewal of such 
visa within the United States if--
            ``(1) such visa expired during the 12-month period ending 
        on the date of such application;
            ``(2) the alien is seeking a nonimmigrant visa under the 
        same subparagraph under which the alien had previously received 
        a visa; and
            ``(3) the alien has complied with the immigration laws and 
        regulations of the United States.''.
    (b) Conforming Amendment.--Section 222(h) of such Act is amended, 
in the matter preceding subparagraph (1), by inserting ``and except as 
provided under subsection (i),'' after ``Act''.

SEC. 403. SEVERABILITY.

    If any provision of this Act, any amendment by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be invalid for any reason, the remainder of 
this Act, the amendments made by this Act, and the applications of such 
to any other person or circumstance shall not be affected by such 
holding.

SEC. 404. CONSTITUTIONAL AUTHORITY.

    The constitutional authority on which this Act rests is the power 
of Congress to establish a uniform rule of naturalization and authority 
to provide for the general welfare of the United States as enumerated 
in article I, section 8 of the United States Constitution.
                                 <all>