[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6429 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6429

  To amend the Immigration and Nationality Act to promote innovation, 
    investment, and research in the United States, to eliminate the 
          diversity immigrant program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2012

   Mr. Smith of Texas (for himself, Mr. Goodlatte, Mr. Cuellar, Mr. 
Labrador, Mr. Dreier, Mr. Royce, Mr. Griffin of Arkansas, Mr. Gallegly, 
 Mr. Daniel E. Lungren of California, Mr. Chabot, Mr. Issa, Mr. Franks 
 of Arizona, Mr. Poe of Texas, Mr. Chaffetz, Mr. Lewis of California, 
  Mr. Herger, Mr. Bachus, Mr. Calvert, Mr. Manzullo, Mrs. Myrick, Ms. 
  Granger, Mr. Sessions, Mr. Bilbray, Mr. Flake, Mrs. Blackburn, Mr. 
Carter, Mr. Neugebauer, Mr. Conaway, Mr. Dent, Mr. McCaul, Mr. Pearce, 
    Mr. Cassidy, Mr. Coffman of Colorado, Mr. Roe of Tennessee, Mr. 
   Thompson of Pennsylvania, Ms. Buerkle, Mr. Grimm, Mr. Hanna, Mr. 
Hultgren, Mr. Lankford, Mr. McKinley, Mr. Palazzo, Mr. Schweikert, Mr. 
  Stivers, Mr. Yoder, and Mr. Roskam) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to promote innovation, 
    investment, and research in the United States, to eliminate the 
          diversity immigrant program, 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.

    This Act may be cited as the ``STEM Jobs Act of 2012''.

SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES.

    (a) Worldwide Level of Immigration.--Section 201(d)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1151(d)(2)) is amended by 
adding at the end the following:
    ``(D)(i) In addition to the increase provided under subparagraph 
(C), the number computed under this paragraph for fiscal year 2013 and 
subsequent fiscal years shall be further increased by the number 
specified in clause (ii), to be used in accordance with paragraphs (6) 
and (7) of section 203(b), except that--
            ``(I) immigrant visa numbers made available under this 
        subparagraph but not required for the classes specified in 
        paragraphs (6) and (7) of section 203(b) shall not be counted 
        for purposes of subsection (c)(3)(C); and
            ``(II) for purposes of paragraphs (1) through (5) of 
        section 203(b), the increase under this subparagraph shall not 
        be counted for purposes of computing any percentage of the 
        worldwide level under this subsection.
    ``(ii) The number specified in this clause is 55,000, reduced for 
any fiscal year by the number by which the number of visas under 
section 201(e) would have been reduced in that year pursuant to section 
203(d) of the Nicaraguan Adjustment and Central American Relief Act (8 
U.S.C. 1151 note) if section 201(e) had not been repealed by section 3 
of the STEM Jobs Act of 2012.
    ``(iii) Immigrant visa numbers made available under this 
subparagraph for fiscal year 2013, but not used for the classes 
specified in paragraphs (6) and (7) of section 203(b) in such year, may 
be made available in subsequent years as if they were included in the 
number specified in clause (ii), but only to the extent to which the 
cumulative number of petitions under section 204(a)(1)(F), and 
applications for a labor certification under section 212(a)(5)(A), 
filed in fiscal year 2013 with respect to aliens seeking a visa under 
paragraph (6) or (7) of section 203(b) was less than the number 
specified in clause (ii) for such year. Such immigrant visa numbers may 
only be made available in fiscal years after fiscal year 2013 in 
connection with a petition under section 204(a)(1)(F), or an 
application for a labor certification under section 212(a)(5)(A), that 
was filed in fiscal year 2013.
    ``(iv) Immigrant visa numbers made available under this 
subparagraph for fiscal year 2014, but not used for the classes 
specified in paragraphs (6) and (7) of section 203(b) during such year, 
may be made available in subsequent years as if they were included in 
the number specified in clause (ii), but only to the extent to which 
the cumulative number of petitions under section 204(a)(1)(F), and 
applications for a labor certification under section 212(a)(5)(A), 
filed in fiscal year 2014 with respect to aliens seeking a visa under 
paragraph (6) or (7) of section 203(b) was less than the number 
specified in clause (ii) for such year. Such immigrant visa numbers may 
only be made available in fiscal years after fiscal year 2014 in 
connection with a petition under section 204(a)(1)(F), or an 
application for a labor certification under section 212(a)(5)(A), that 
was filed in fiscal year 2014.''.
    (b) Numerical Limitation to Any Single Foreign State.--Section 
202(a)(5)(A) of such Act (8 U.S.C. 1152(a)(5)(A)) is amended by 
striking ``or (5)'' and inserting ``(5), (6), or (7)''.
    (c) Preference Allocation for Employment-Based Immigrants.--Section 
203(b) of such Act (8 U.S.C. 1153(b)) is amended--
            (1) by redesignating paragraph (6) as paragraph (8); and
            (2) by inserting after paragraph (5) the following:
            ``(6) Aliens holding doctorate degrees from u.s. doctoral 
        institutions of higher education in science, technology, 
        engineering, or mathematics.--
                    ``(A) In general.--Visas shall be made available, 
                in a number not to exceed the number specified in 
                section 201(d)(2)(D)(ii), to qualified immigrants who--
                            ``(i) hold a doctorate degree in a field of 
                        science, technology, engineering, or 
                        mathematics from a United States doctoral 
                        institution of higher education;
                            ``(ii) agree to work for a total of not 
                        less than 5 years in the aggregate for the 
                        petitioning employer or in the United States in 
                        a field of science, technology, engineering, or 
                        mathematics upon being lawfully admitted for 
                        permanent residence; and
                            ``(iii) have taken all doctoral courses in 
                        a field of science, technology, engineering, or 
                        mathematics, including all courses taken by 
                        correspondence (including courses offered by 
                        telecommunications) or by distance education, 
                        while physically present in the United States.
                    ``(B) Definitions.--For purposes of this paragraph, 
                paragraph (7), and sections 101(a)(15)(F)(i)(I) and 
                212(a)(5)(A)(iii)(III):
                            ``(i) The term `distance education' has the 
                        meaning given such term in section 103 of the 
                        Higher Education Act of 1965 (20 U.S.C. 1003).
                            ``(ii) The term `field of science, 
                        technology, engineering, or mathematics' means 
                        a field 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, and physical sciences.
                            ``(iii) The term `United States doctoral 
                        institution of higher education' means an 
                        institution that--
                                    ``(I) is described in section 
                                101(a) of the Higher Education Act of 
                                1965 (20 U.S.C. 1001(a)) or is a 
                                proprietary institution of higher 
                                education (as defined in section 102(b) 
                                of such Act (20 U.S.C. 1002(b)));
                                    ``(II) was classified by the 
                                Carnegie Foundation for the Advancement 
                                of Teaching on January 1, 2012, as a 
                                doctorate-granting university with a 
                                very high or high level of research 
                                activity or classified by the National 
                                Science Foundation after the date of 
                                enactment of this paragraph, pursuant 
                                to an application by the institution, 
                                as having equivalent research activity 
                                to those institutions that had been 
                                classified by the Carnegie Foundation 
                                as being doctorate-granting 
                                universities with a very high or high 
                                level of research activity;
                                    ``(III) has been in existence for 
                                at least 10 years;
                                    ``(IV) does not provide any 
                                commission, bonus, or other incentive 
                                payment based directly or indirectly on 
                                success in securing enrollments or 
                                financial aid to any persons or 
                                entities engaged in any recruitment or 
                                admission activities for nonimmigrant 
                                students or in making decisions 
                                regarding the award of student 
                                financial assistance to nonimmigrant 
                                students; and
                                    ``(V) is accredited by an 
                                accrediting body that is itself 
                                accredited either by the Department of 
                                Education or by the Council for Higher 
                                Education Accreditation.
                    ``(C) Labor certification required.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Secretary of Homeland Security may not 
                        approve a petition filed for classification of 
                        an alien under subparagraph (A) unless the 
                        Secretary of Homeland Security is in receipt of 
                        a determination made by the Secretary of Labor 
                        pursuant to the provisions of section 
                        212(a)(5)(A), except that the Secretary of 
                        Homeland Security may, when the Secretary deems 
                        it to be in the national interest, waive this 
                        requirement.
                            ``(ii) Requirement deemed satisfied.--The 
                        requirement of clause (i) shall be deemed 
                        satisfied with respect to an employer and an 
                        alien in a case in which a certification made 
                        under section 212(a)(5)(A)(i) has already been 
                        obtained with respect to the alien by that 
                        employer.
            ``(7) Aliens holding master's degrees from u.s. doctoral 
        institutions of higher education in science, technology, 
        engineering, or mathematics.--
                    ``(A) In general.--Any visas not required for the 
                class specified in paragraph (6) shall be made 
                available to the class of aliens who--
                            ``(i) hold a master's degree in a field of 
                        science, technology, engineering, or 
                        mathematics from a United States doctoral 
                        institution of higher education that was either 
                        part of a master's program that required at 
                        least 2 years of enrollment or part of a 5-year 
                        combined baccalaureate-master's degree program 
                        in such field;
                            ``(ii) agree to work for a total of not 
                        less than 5 years in the aggregate for the 
                        petitioning employer or in the United States in 
                        a field of science, technology, engineering, or 
                        mathematics upon being lawfully admitted for 
                        permanent residence;
                            ``(iii) have taken all master's degree 
                        courses in a field of science, technology, 
                        engineering, or mathematics, including all 
                        courses taken by correspondence (including 
                        courses offered by telecommunications) or by 
                        distance education, while physically present in 
                        the United States; and
                            ``(iv) hold a baccalaureate degree in a 
                        field of science, technology, engineering, or 
                        mathematics or in a field included in the 
                        Department of Education's Classification of 
                        Instructional Programs taxonomy within the 
                        summary group of biological and biomedical 
                        sciences.
                    ``(B) Labor certification required.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Secretary of Homeland Security may not 
                        approve a petition filed for classification of 
                        an alien under subparagraph (A) unless the 
                        Secretary of Homeland Security is in receipt of 
                        a determination made by the Secretary of Labor 
                        pursuant to the provisions of section 
                        212(a)(5)(A), except that the Secretary of 
                        Homeland Security may, when the Secretary deems 
                        it to be in the national interest, waive this 
                        requirement.
                            ``(ii) Requirement deemed satisfied.--The 
                        requirement of clause (i) shall be deemed 
                        satisfied with respect to an employer and an 
                        alien in a case in which a certification made 
                        under section 212(a)(5)(A)(i) has already been 
                        obtained with respect to the alien by that 
                        employer.
                    ``(C) Definitions.--The definitions in paragraph 
                (6)(B) shall apply for purposes of this paragraph.''.
    (d) Procedure for Granting Immigrant Status.--Section 204(a)(1)(F) 
of such Act (8 U.S.C. 1154(a)(1)(F)) is amended--
            (1) by striking ``(F)'' and inserting ``(F)(i)'';
            (2) by striking ``or 203(b)(3)'' and inserting ``203(b)(3), 
        203(b)(6), or 203(b)(7)'';
            (3) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security''; and
            (4) by adding at the end the following:
    ``(ii) The following processing standards shall apply with respect 
to petitions under clause (i) relating to alien beneficiaries 
qualifying under paragraph (6) or (7) of section 203(b):
            ``(I) The Secretary of Homeland Security shall adjudicate 
        such petitions not later than 60 days after the date on which 
        the petition is filed. In the event that additional information 
        or documentation is requested by the Secretary during such 60-
        day period, the Secretary shall adjudicate the petition not 
        later than 30 days after the date on which such information or 
        documentation is received.
            ``(II) The petitioner shall be notified in writing within 
        30 days of the date of filing if the petition does not meet the 
        standards for approval. If the petition does not meet such 
        standards, the notice shall include the reasons therefore and 
        the Secretary shall provide an opportunity for the prompt 
        resubmission of a modified petition.''.
    (e) Labor Certification and Qualification for Certain Immigrants.--
Section 212(a)(5) of such Act (8 U.S.C. 1182(a)(5)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii)--
                            (i) in subclause (I), by striking ``, or'' 
                        at the end and inserting a semicolon;
                            (ii) in subclause (II), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                                    ``(III) holds a doctorate degree in 
                                a field of science, technology, 
                                engineering, or mathematics from a 
                                United States doctoral institution of 
                                higher education (as defined in section 
                                203(b)(6)(B)(iii)).'';
                    (B) by redesignating clauses (ii) through (iv) as 
                clauses (iii) through (v), respectively;
                    (C) by inserting after clause (i) the following:
                            ``(ii) Job order.--
                                    ``(I) In general.--An employer who 
                                files an application under clause (i) 
                                shall submit a job order for the labor 
                                the alien seeks to perform to the State 
                                workforce agency in the State in which 
                                the alien seeks to perform the labor. 
                                The State workforce agency shall post 
                                the job order on its official agency 
                                website for a minimum of 30 days and 
                                not later than 3 days after receipt 
                                using the employment statistics system 
                                authorized under section 15 of the 
                                Wagner-Peyser Act (29 U.S.C. 49 et 
                                seq.).
                                    ``(II) Links.--The Secretary of 
                                Labor shall include links to the 
                                official websites of all State 
                                workforce agencies on a single webpage 
                                of the official website of the 
                                Department of Labor.''; and
                    (D) by adding at the end the following:
                            ``(vi) Processing standards for alien 
                        beneficiaries qualifying under paragraphs (6) 
                        and (7) of section 203(b).--The following 
                        processing standards shall apply with respect 
                        to applications under clause (i) relating to 
                        alien beneficiaries qualifying under paragraph 
                        (6) or (7) of section 203(b):
                                    ``(I) The Secretary of Labor shall 
                                adjudicate such applications not later 
                                than 180 days after the date on which 
                                the application is filed. In the event 
                                that additional information or 
                                documentation is requested by the 
                                Secretary during such 180-day period, 
                                the Secretary shall adjudicate the 
                                application not later than 60 days 
                                after the date on which such 
                                information or documentation is 
                                received.
                                    ``(II) The applicant shall be 
                                notified in writing within 60 days of 
                                the date of filing if the application 
                                does not meet the standards for 
                                approval. If the application does not 
                                meet such standards, the notice shall 
                                include the reasons therefore and the 
                                Secretary shall provide an opportunity 
                                for the prompt resubmission of a 
                                modified application.''; and
            (2) in subparagraph (D), by striking ``(2) or (3)'' and 
        inserting ``(2), (3), (6), or (7)''.
    (f) GAO Study.--Not later than June 30, 2017, the Comptroller 
General of the United States shall provide to the Congress the results 
of a study on the use by the National Science Foundation of the 
classification authority provided under section 203(b)(6)(B)(iii)(II) 
of the Immigration and Nationality Act (8 U.S.C. 
1153(b)(6)(B)(iii)(II)), as added by this section.
    (g) Public Information.--The Secretary of Homeland Security shall 
make available to the public on the official website of the Department 
of Homeland Security, and shall update not less than monthly, the 
following information (which shall be organized according to month and 
fiscal year) with respect to aliens granted status under paragraph (6) 
or (7) of section 203(b) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)), as added by this section:
            (1) The name, city, and State of each employer who 
        petitioned pursuant to either of such paragraphs on behalf of 
        one or more aliens who were granted status in the month and 
        fiscal year to date.
            (2) The number of aliens granted status under either of 
        such paragraphs in the month and fiscal year to date based upon 
        a petition filed by such employer.
            (3) The occupations for which such alien or aliens were 
        sought by such employer and the job titles listed by such 
        employer on the petition.
    (h) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2012, and shall apply with respect to fiscal years 
beginning on or after such date.

SEC. 3. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

    (a) Worldwide Level of Diversity Immigrants.--Section 201 of the 
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Allocation of Diversity Immigrant Visas.--Section 203 of such 
Act (8 U.S.C. 1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Procedure for Granting Immigrant Status.--Section 204 of such 
Act (8 U.S.C. 1154) is amended--
            (1) by striking subsection (a)(1)(I); and
            (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2012, and shall apply with respect to fiscal years 
beginning on or after such date.

SEC. 4. PERMANENT PRIORITY DATES.

    (a) In General.--Section 203 of the Immigration and Nationality Act 
(8 U.S.C. 1153) is amended by adding at the end the following:
    ``(i) Permanent Priority Dates.--
            ``(1) In general.--Subject to subsection (h)(3) and 
        paragraph (2), the priority date for any employment-based 
        petition shall be the date of filing of the petition with the 
        Secretary of Homeland Security (or the Secretary of State, if 
        applicable), unless the filing of the petition was preceded by 
        the filing of a labor certification with the Secretary of 
        Labor, in which case that date shall constitute the priority 
        date.
            ``(2) Subsequent employment-based petitions.--Subject to 
        subsection (h)(3), an alien who is the beneficiary of any 
        employment-based petition that was approvable when filed 
        (including self-petitioners) shall retain the priority date 
        assigned with respect to that petition in the consideration of 
        any subsequently filed employment-based petition (including 
        self-petitions).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
aliens who are a beneficiary of a classification petition pending on or 
after such date.

SEC. 5. 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 a field of 
                        science, technology, engineering, or 
                        mathematics (as defined in section 
                        203(b)(6)(B)(ii)) 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 described in section 101(a) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1001(a))) or a 
                        proprietary institution of higher education (as 
                        defined in section 102(b) of such Act (20 
                        U.S.C. 1002(b))) 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 shall have agreed 
                        to report to the Secretary of Homeland Security 
                        the termination of attendance of each 
                        nonimmigrant student, and if any such 
                        institution 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);
                    ``(ii) who 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 of learning 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;
                    ``(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 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.''.
    (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)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
nonimmigrants who possess or are granted status under section 
101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(F)) on or after such date.
                                 <all>