[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1986 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1986

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2011

  Mr. Bennet introduced the following bill; which was read twice and 
               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, and for other purposes.

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

SECTION 1. SHORT TITLES.

    This Act may be cited as--
            (1) the ``Science, Technology, Engineering, and Mathematics 
        Visa Act of 2011''; or
            (2) the ``STEM Visa Act of 2011''.

     TITLE I--ATTRACTING AND RETAINING INNOVATORS AND JOB CREATORS

SEC. 101. U.S. GRADUATES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND 
              MATHEMATICS.

    (a) Advanced STEM Graduates.--Section 203(b)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``(A) through (C)'' and inserting ``(A) through (D)''; and
            (2) by adding at the end the following:
                    ``(D) Advanced graduates in science, technology, 
                engineering and mathematics.--An alien is described in 
                this subparagraph if--
                            ``(i) the alien possesses a graduate degree 
                        at the level of master's or higher in a field 
                        of science, technology, engineering, or 
                        mathematics from a United States institution of 
                        higher education that has been designated by 
                        the Director of the National Science Foundation 
                        as a research institution or as otherwise 
                        excelling at instruction in such fields;
                            ``(ii) the alien has an offer of employment 
                        from a United States employer in a field 
                        related to such degree; and
                            ``(iii) the employer is offering and will 
                        offer wages that are at least--
                                    ``(I) the actual wage level paid by 
                                the employer to all other individuals 
                                with similar experience and 
                                qualifications in the same occupational 
                                classification; or
                                    ``(II) the prevailing wage level 
                                for the occupational classification in 
                                the area of employment;
                        whichever is greater, based on the best 
                        information available as of the time of filing 
                        the petition.''.
    (b) Cap Exemption.--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 described in paragraph (1)(B) or (1)(D) of 
        section 203(b).''.
    (c) Removing Visa Hurdles for Students.--
            (1) Providing dual intent.--
                    (A) In general.--Section 101(a)(15)(F)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(F)(i)) is amended by striking ``an alien 
                having a residence in a foreign country which he has no 
                intention of abandoning, who is a bona fide student 
                qualified to pursue a full course of study and who'' 
                and inserting ``an alien who is a bona fide student 
                qualified to pursue a full course of study, who (except 
                for a student qualified to pursue a full course of 
                study at an institution of higher education) has a 
                residence in a foreign country which the alien has no 
                intention of abandoning, and who''.
                    (B) Conforming amendments.--
                            (i) Section 214(b) of the Immigration and 
                        Nationality Act (8 U.S.C. 1184(b)) is amended 
                        by striking ``(other than a nonimmigrant'' and 
                        inserting ``(other than a nonimmigrant 
                        described in section 101(a)(15)(F) if the alien 
                        is qualified to pursue a full course of study 
                        at an institution of higher education, other 
                        than a nonimmigrant''.
                            (ii) Section 214(h) of the Immigration and 
                        Nationality Act (8 U.S.C. 1184(h)) is amended 
                        by inserting ``(F) (if the alien is qualified 
                        to pursue a full course of study at an 
                        institution of higher education),'' before 
                        ``H(i)(b)''.
            (2) Extensions in cases of lengthy adjudications.--
                    (A) In general.--Section 214 of the Immigration and 
                Nationality Act (8 U.S.C. 1154) is amended by adding at 
                the end the following:
    ``(s) Extensions in Cases of Lengthy Adjudications.--
            ``(1) Exemption from limitations.--Notwithstanding 
        subsection (c)(2)(D), (g)(4) and (m), the authorized stay of an 
        alien described in paragraph (2) may be extended pursuant to 
        paragraph (3) if 365 days or more have elapsed since the filing 
        of any of the following:
                    ``(A) An application for labor certification under 
                section 212(a)(5)(A), in a case in which certification 
                is required or used by an alien to obtain status under 
                section 203(b).
                    ``(B) A petition described in section 204(b) to 
                accord the alien a status under section 203(b).
            ``(2) Aliens described.--An alien is described in this 
        paragraph if the alien was previously issued a visa or 
        otherwise provided nonimmigrant status under--
                    ``(A) section 101(a)(15)(F);
                    ``(B) section 101(a)(15)(H)(i)(b); or
                    ``(C) section 101(a)(15)(L).
            ``(3) Extension of status.--The Secretary of Homeland 
        Security shall extend the stay of an alien who qualifies for an 
        extension under paragraph (1) in one-year increments until such 
        time as a final decision is made--
                    ``(A) to deny the application described in 
                paragraph (1)(A), or, in a case in which such 
                application is granted, to deny a petition described in 
                paragraph (1)(B) filed on behalf of the alien pursuant 
                to such grant;
                    ``(B) to deny the petition described in paragraph 
                (1)(B); or
                    ``(C) to grant or deny the alien's application for 
                an immigrant visa or adjustment of status to that of an 
                alien lawfully admitted for permanent residence.
        Work authorization shall be provided to an alien whose stay is 
        extended under this paragraph.''.
                    (B) Conforming amendment.--Section 106 of the 
                American Competitiveness in the 21st Century Act is 
                amended by striking subsections (a) and (b).
            (3) Definitions.--Section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the 
        end the following:
            ``(52) The term `institution of higher education' has the 
        meaning given such term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).
            ``(53) The term `employer' shall include any group treated 
        as a single employer under subsection (b), (c), (m), or (o) of 
        section 414 of the Internal Revenue Code of 1986.''.
    (d) Conforming Amendments.--Section 204(a)(1)(F) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is amended--
            (1) by inserting ``203(b)(1)(D),'' after ``203(b)(1)(C),''; 
        and
            (2) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security''.

SEC. 102. ELIMINATING GREEN CARD BACKLOGS.

    (a) Recapturing Immigrant Visas Lost to Bureaucratic Delay.--
            (1) Employment-based immigrants.--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.--
            ``(1) In general.--The worldwide level of employment-based 
        immigrants under this subsection for a fiscal year is equal to 
        the sum of--
                    ``(A) 140,000;
                    ``(B) the number computed under paragraph (2); and
                    ``(C) the number computed under paragraph (3).
            ``(2) Previous fiscal year.--The number computed under this 
        paragraph for a fiscal year is the difference, if any, between 
        the maximum number of visas which may be issued under section 
        203(a) (relating to family-sponsored immigrants) during the 
        previous fiscal year and the number of visas issued under that 
        section during that year.
            ``(3) Unused visas.--The number computed under this 
        paragraph is the difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels 
                        established under paragraph (1) for fiscal 
                        years 1992 through 2011; and
                            ``(ii) the number of visas actually issued 
                        under section 203(b), subject to this 
                        subsection, during such fiscal years; and
                    ``(B) the number of visas actually issued after 
                fiscal year 2011 pursuant to an immigrant visa number 
                issued under section 203(b), subject to this 
                subsection, during fiscal years 1992 through 2011.''.
            (2) Family-sponsored immigrants.--Section 201(c) of the 
        Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended 
        to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--
            ``(1) In general.--
                    ``(A) Subject to subparagraph (B), the worldwide 
                level of family-sponsored immigrants under this 
                subsection for a fiscal year is equal to--
                            ``(i) 480,000 minus the number computed 
                        under paragraph (2); plus
                            ``(ii) the sum of the number computed under 
                        paragraph (3) and the number computed under 
                        paragraph (4).
                    ``(B) In no case shall the number computed under 
                subparagraph (A)(i) be less than 226,000.
            ``(2) Immediate relatives.--The number computed under this 
        paragraph for a fiscal year is the number of aliens described 
        in subparagraph (A) or (B) of subsection (b)(2) who were issued 
        immigrant visas, or who otherwise acquired the status of an 
        alien lawfully admitted to the United States for permanent 
        residence, in the previous fiscal year.
            ``(3) Previous fiscal year.--The number computed under this 
        paragraph for a fiscal year is the difference, if any, between 
        the maximum number of visas which may be issued under section 
        203(b) (relating to employment-based immigrants) during the 
        previous fiscal year and the number of visas issued under that 
        section during that year.
            ``(4) Unused visas.--The number computed under this 
        paragraph is the difference, if any, between--
                    ``(A) the difference, if any, between--
                            ``(i) the sum of the worldwide levels 
                        established under paragraph (1) for fiscal 
                        years 1992 through 2011; and
                            ``(ii) the number of visas actually issued 
                        under section 203(a), subject to this 
                        subsection, during such fiscal years; and
                    ``(B) the number of visas actually issued after 
                fiscal year 2011 pursuant to an immigrant visa number 
                issued under section 203(a), subject to this 
                subsection, during fiscal years 1992 through 2011.''.
    (b) Spouses and Minor Children.--Section 201(b)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as amended by 
this Act, is further amended by adding at the end the following:
                    ``(G) Aliens who are the spouse or child of an 
                alien admitted as an employment-based immigrant under 
                section 203(b).''.
    (c) Eliminating Employment-Based Per Country Levels.--Section 
202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is 
amended--
            (1) in paragraph (2)--
                    (A) by striking ``, (4), and (5)'' and inserting 
                ``and (4)'';
                    (B) by striking ``subsections (a) and (b) of 
                section 203'' and inserting ``section 203(a)'';
                    (C) by striking ``7 percent (in the case of a 
                single foreign state) or 2 percent'' and inserting ``10 
                percent (in the case of a single foreign state) or 5 
                percent''; and
                    (D) by striking ``such subsections'' and inserting 
                ``such section''; and
            (2) by striking paragraph (5).

   TITLE II--INVESTING IN THE NEXT GENERATION OF INNOVATORS AND JOB 
                                CREATORS

SEC. 201. INVESTING IN STEM EDUCATION FOR U.S. STUDENTS.

    Section 204(a)(1)(F) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(F)), as amended by this Act, is further amended--
            (1) by striking ``(F)'' and inserting ``(F)(i)''; and
            (2) by adding at the end the following:
                    ``(ii)(I) The Secretary of Homeland Security shall 
                impose a fee on an employer (excluding any employer 
                that is a primary or secondary education institution, 
                an institution of higher education, a nonprofit entity 
                related to or affiliated with any such institution, a 
                nonprofit entity which engages in established 
                curriculum-related clinical training of students 
                registered at any such institution, a nonprofit 
                research organization, or a governmental research 
                organization) filing a petition under clause (i) to 
                employ an alien entitled to classification under 
                subparagraph (B) or (D) of section 203(b)(1), section 
                203(b)(2), clause (i) or (ii) of section 203(b)(3)(A), 
                section 203(b)(5) or section 203(b)(6).
                    ``(II) The amount of the fee shall be $2,000 for 
                each such petition except that the fee shall be half 
                the amount for each such petition by any employer with 
                not more than 25 full-time equivalent employees who are 
                employed in the United States.
                    ``(III) Fees collected under this clause shall be 
                deposited in the Treasury in accordance with section 
                286(s).''.

SEC. 202. U.S. STEM EDUCATION AND TRAINING ACCOUNT.

    Section 286(s) of the Immigration and Nationality Act (8 U.S.C. 
1356(s)) is amended to read as follows:
    ``(s) 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 fees collected under 
        section 204(a)(1)(F)(ii) and paragraphs (9) and (11) of section 
        214(c).
            ``(2) Low-income stem scholarship program.--Sixty percent 
        of the amounts deposited into the STEM Education and Training 
        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 for low-income students enrolled in a 
        program of study leading to a degree in science, technology, 
        engineering, or mathematics.
            ``(3) National science foundation competitive grant program 
        for k-12 science, technology, engineering and mathematics 
        education.--
                    ``(A) In general.--Fifteen percent of the amounts 
                deposited into the STEM Education and Training 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.
                    ``(B) Types of programs covered.--The Director 
                shall award grants to such programs, including those 
                which 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, as well as to develop 
                critical thinking skills; 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; 
                support the professional development of K-12 science, 
                technology, engineering and mathematics teachers in the 
                use of technology in the classroom; stimulate system-
                wide K-12 reform of science, technology, engineering, 
                and mathematics in rural, economically disadvantaged 
                regions of the United States; 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 7-12 that provide 
                instruction in such fields); involve partnerships of 
                industry, educational institutions, and community 
                organizations to address the educational needs of 
                disadvantaged communities; provide college preparatory 
                support to expose and prepare students for careers in 
                science, technology, engineering, and mathematics; and 
                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)).
            ``(4) STEM capacity building at minority-serving 
        institutions.--
                    ``(A) In general.--Twelve percent of the amounts 
                deposited into the STEM Education and Training Account 
                shall remain available to the Director of the National 
                Science Foundation until expended to establish or 
                expand programs to award grants on a competitive, 
                merit-reviewed basis to enhance the quality of 
                undergraduate science, technology, engineering, and 
                mathematics education at minority-serving institutions 
                of higher education and 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 Director; 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 `minority-serving institutions of higher 
                education' 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); 
                        and
                            ``(iii) Hispanic-serving institutions, as 
                        defined in section 502(a)(5) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
            ``(5) STEM job training.--Ten percent of amounts deposited 
        into the STEM Education and Training Account shall remain 
        available to the Secretary of Labor until expended for--
                    ``(A) demonstration programs and projects described 
                in section 414(c) of the American Competitiveness and 
                Workforce Improvement Act of 1998; and
                    ``(B) training programs in the fields of science, 
                technology, engineering, and mathematics for persons 
                who have served honorably in the Armed Forces of the 
                United States and have retired or are retiring from 
                such service.
            ``(6) Use of fees for duties relating to petitions.--One 
        and one-half percent of the amounts deposited into the STEM 
        Education and Training Account shall remain available to the 
        Secretary of Homeland Security until expended to carry out 
        duties under paragraphs (1) (E) or (F) of section 204(a) 
        (related to petitions for immigrants described in section 
        203(b)) and under paragraphs (1) and (9) of section 214(c) 
        (related to petitions made for nonimmigrants described in 
        section 101(a)(15)(H)(i)(b)).
            ``(7) Use of fees for application processing and 
        enforcement.--One and one-half percent of the amounts deposited 
        into the STEM Education and Training Account shall remain 
        available to the Secretary of Labor until expended for 
        decreasing the processing time for applications under section 
        212(a)(5)(A) and section 212(n)(1).''.

SEC. 203. ACCESS TO STUDENT VISAS FOR IMMIGRANT STUDENTS PRESENT IN THE 
              UNITED STATES.

    Notwithstanding paragraphs (6)(A) and (7) of section 212(a) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)), the Secretary of 
Homeland Security may adjust an alien's status to that of a 
nonimmigrant student under section 101(a)(15)(F) of such Act (8 U.S.C. 
1101(a)(15)(F)) if the alien--
            (1) is a bona fide student enrolled in a full course of 
        study related to science, technology, engineering, or 
        mathematics at a United States institution of higher education;
            (2) was present in the United States on the date of the 
        enactment of this Act and has been continuously present since 
        that date; and
            (3) was 15 years of age or younger on the date the alien 
        initially entered the United States.

TITLE III--REDUCING ADMINISTRATIVE HURDLES TO FOSTER INNOVATION AND JOB 
                                CREATION

SEC. 301. STREAMLINING LABOR CERTIFICATIONS.

    (a) In General.--Section 212(a)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended--
            (1) in clause (ii)--
                    (A) in subclause (I), by striking ``or'';
                    (B) in subclause (II), by striking the period and 
                inserting ``, or'';
                    (C) by adding at the end the following new 
                subclause:
                                    ``(III) is the beneficiary of a 
                                labor certification application filed 
                                by an employer designated as an 
                                Established U.S. Recruiter under clause 
                                (vii).''; and
            (2) by adding at the end the following new clauses:
                            ``(v) Processing standards.--
                                    ``(I) Timeframes.--The Secretary of 
                                Labor shall adjudicate an application 
                                for certification under clause (i) not 
                                later than 120 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 120-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) Notice within 30 days of 
                                deficiencies.--The employer shall be 
                                notified in writing within 30 days of 
                                the date of filing if the application 
                                does not meet the standards (other than 
                                that described in clause (i)(I)) for 
                                approval. If the application does not 
                                meet such standards, the notice shall 
                                include the reasons therefor and the 
                                Secretary shall provide an opportunity 
                                for the prompt resubmission of a 
                                modified application.
                            ``(vi) Fees.--
                                    ``(I) Application fee.--In addition 
                                to any other fees authorized by law, 
                                the Secretary of Labor shall impose a 
                                fee on an employer that submits an 
                                application for certification under 
                                clause (i). The amount of the fee shall 
                                be $295 for each such application.
                                    ``(II) Premium processing.--The 
                                Secretary of Labor is authorized to 
                                establish and collect an optional 
                                premium fee for processing of 
                                applications for certification under 
                                clause (i). This fee shall be set at 
                                $1,000 and shall be paid in addition to 
                                the application fee under subclause 
                                (I). For an application in which the 
                                premium processing fee is paid, the 
                                Secretary shall adjudicate the 
                                application not later than 30 days 
                                after the date on which the application 
                                is filed. In the event that additional 
                                information or documentation is 
                                requested by the Secretary with respect 
                                to such application during the 30-day 
                                period, the Secretary shall adjudicate 
                                the application not later than 30 days 
                                after the date on which such 
                                information or documentation is 
                                received. If the Secretary does not 
                                comply with these timeframes, the 
                                Secretary shall refund the premium 
                                processing fee to the applicant.
                                    ``(III) Deposit of fees.--Fees 
                                collected under subclauses (I) and (II) 
                                shall be deposited in the Treasury in 
                                accordance with section 286(w).
                                    ``(IV) Prohibition on employer 
                                accepting reimbursement of fee.--An 
                                employer subject to a fee under this 
                                clause shall not require or accept 
                                reimbursement of or other compensation 
                                for all or part of the cost of such 
                                fee, directly or indirectly, from the 
                                alien on whose behalf the application 
                                is filed.
                            ``(vii) Established u.s. recruiters.--
                                    ``(I) In general.--The Secretary of 
                                Labor shall establish a process for 
                                employers to apply for designation as 
                                an Established U.S. Recruiter. An 
                                employer seeking such designation must 
                                file an application with the Secretary 
                                stating the following:
                                            ``(aa) At least 80 percent 
                                        of the employer's workforce in 
                                        the United States are United 
                                        States workers.
                                            ``(bb) At least 80 percent 
                                        of the employer's new hires in 
                                        the United States in the 5 
                                        years preceding the filing of 
                                        the application are United 
                                        States workers.
                                            ``(cc) The employer 
                                        regularly posts employment 
                                        opportunities on a publicly 
                                        accessible Internet Web site 
                                        and has engaged in at least 3 
                                        other forms of active 
                                        recruitment on an annual basis 
                                        over the preceding 3 years.
                                            ``(dd) The employer will 
                                        continue to engage in the 
                                        recruitment efforts described 
                                        in item (cc) during the 
                                        certification period.
                                For the purposes of this clause, the 
                                term `United States worker' shall 
                                include an alien with a pending or 
                                approved petition under subparagraph 
                                (E) or (F) of section 204(a)(1).
                                    ``(II) Designation.--
                                            ``(aa) Timely 
                                        adjudications.--The Secretary 
                                        of Labor shall adjudicate an 
                                        application for designation 
                                        under subclause (I) not later 
                                        than 30 days after the date on 
                                        which the application is filed. 
                                        In the event that additional 
                                        information or documentation is 
                                        requested by the Secretary, the 
                                        Secretary shall adjudicate the 
                                        application not later than 30 
                                        days after the receipt of such 
                                        information or documentation.
                                            ``(bb) Application fee.--In 
                                        addition to any other fees 
                                        authorized by law, the 
                                        Secretary of Labor may impose a 
                                        fee on an employer that submits 
                                        an application for designation 
                                        under subclause (I). The amount 
                                        of the fee shall be $500 for 
                                        each such application. Fees 
                                        collected under this clause 
                                        shall be deposited in the 
                                        Treasury in accordance with 
                                        section 286(w).
                                            ``(cc) Period of 
                                        designation.--Unless terminated 
                                        under item (dd), a designation 
                                        issued under this clause shall 
                                        be valid for 3 years.
                                            ``(dd) Termination.--The 
                                        Secretary of Labor may 
                                        terminate a designation under 
                                        subclause (I) if the Secretary 
                                        determines that the employer--

                                                    ``(AA) did not 
                                                fulfill the 
                                                requirements of such 
                                                subclause at the time 
                                                the certification was 
                                                issued; or

                                                    ``(BB) failed to 
                                                meet the requirements 
                                                under subclause (I)(ee) 
                                                during the designation 
                                                period described in 
                                                item (cc).

                                    ``(III) Active recruitment.--For 
                                the purposes of this clause `active 
                                recruitment' means any of the 
                                following:
                                            ``(aa) Employee referral 
                                        program.--The employer operates 
                                        an employee referral program 
                                        that includes meaningful 
                                        incentives for employees to 
                                        refer workers for job openings.
                                            ``(bb) In-house 
                                        recruiters.--The employer 
                                        retains an in-house recruiter 
                                        on a full-time basis to recruit 
                                        workers for job openings.
                                            ``(cc) Job fairs.--The 
                                        employer recruits workers at 
                                        job fairs that are advertised 
                                        in newspaper advertisements in 
                                        which the employer is named as 
                                        a participant in such fairs.
                                            ``(dd) Military 
                                        recruiting.--The employer 
                                        recruits workers during 
                                        recruiting events that are 
                                        organized by the Armed Forces 
                                        of the United States.
                                            ``(ee) On-campus 
                                        recruiting.--The employer 
                                        recruits workers at 
                                        institutions of higher 
                                        education during recruiting 
                                        events that are organized by 
                                        such institutions.
                                            ``(ff) Private employment 
                                        firms.--The employer regularly 
                                        engages private employment 
                                        firms or placement agencies to 
                                        recruit workers for job 
                                        openings.
                                            ``(gg) Trade or 
                                        professional organizations.--
                                        The employer regularly 
                                        advertises with trade or 
                                        professional organizations to 
                                        recruit workers for job 
                                        openings.''.
    (b) Establishment of Account and Use of Funds.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at 
the end the following new subsection:
    ``(w) Labor Certification Application Fee Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Labor Certification Application Fee Account'. Notwithstanding 
        any other section of this title, there shall be deposited as 
        offsetting receipts into the account all fees collected under 
        section 212(a)(5)(A).
            ``(2) Use of fees.--Amounts deposited into the Labor 
        Certification Application Fee Account shall remain available to 
        the Secretary of Labor until expended for carrying out labor 
        certification activities under section 212(a)(5)(A) (including 
        providing premium processing services) and to make 
        infrastructure improvements in the adjudications and customer-
        service processes related to such activities.''.

SEC. 302. STREAMLINING PETITIONS 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:
    ``(15) 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. 303. PREMIUM PROCESSING.

    Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 
1356(u)) is amended--
            (1) by striking ``is authorized to'' and inserting 
        ``shall''; and
            (2) at the end of the first sentence, by striking 
        ``applications.'' and inserting ``applications, including an 
        administrative appeal of any decision on an employment-based 
        immigrant petition.''.

                 TITLE IV--PROTECTING AMERICAN WORKERS

SEC. 401. STRENGTHENING THE PREVAILING WAGE SYSTEM TO PROTECT AMERICAN 
              WORKERS.

    Section 212(p) of the Immigration and Nationality Act (8 U.S.C. 
1182(p)) is amended to read as follows:
    ``(p) Computation of Prevailing Wage Level.--
            ``(1) 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:
                    ``(A) 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.
                    ``(B) The second level shall be the mean of wages 
                surveyed.
                    ``(C) The third level shall be the mean of the 
                highest two-thirds of wages surveyed.
            ``(2) 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) 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--
                    ``(A) an institution of higher education, or a 
                related or affiliated nonprofit entity, or
                    ``(B) 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.
            ``(4) 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 be considered the 
        prevailing wage.''.

SEC. 402. REFORMING THE H-1B VISA PROGRAM TO PROTECT AMERICAN WORKERS.

    (a) Strengthening Wage Protections.--Section 214(g)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)(3)) is amended--
            (1) by striking ``Aliens who'' and inserting ``(A) Aliens 
        who''; and
            (2) by adding at the end the following:
            ``(B) If, on any given date, the number of petitions filed 
        under subparagraph (A) exceeds the number of visas remaining 
        under paragraph (1), the Secretary shall consider such 
        petitions in the following order:
                    ``(i) petitions in which the offered wage level 
                meets or exceeds the wage set by section 212(p)(1)(C);
                    ``(ii) petitions in which the offered wage level 
                meets or exceeds the wage set by section 212(p)(1)(B); 
                and
                    ``(iii) any remaining petitions.''.
    (b) Prohibiting Displacement of U.S. Workers.--
            (1) Prohibiting displacement by employer.--Section 
        212(n)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 
        1182(n)(1)(E)) is amended--
                    (A) in clause (i) by striking ``In the case of an 
                application described in clause (ii), the'' and 
                inserting ``The''; and
                    (B) by striking clause (ii).
            (2) Prohibiting displacement by third-party employer.--
        Section 212(n)(1)(F) of the Immigration and Nationality Act (8 
        U.S.C. 1182(n)(1)(F)) is amended by striking ``In the case of 
        an application described in subparagraph (E)(ii), the'' and 
        inserting ``The''.
            (3) Definition of displace.--Section 212(n)(4)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(n)(4)(B)) is 
        amended by--
                    (A) inserting ``and skills'' after 
                ``responsibilities''; and
                    (B) inserting ``working in the same division, 
                project or product line'' after ``experience''.
    (c) Strengthening Recruitment Requirements.--
            (1) Requiring recruitment of u.s. workers.--
                    (A) In general.--Section 212(n)(1)(G)(i) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1182(n)(1)(G)(i)) is amended by striking ``In the case 
                of an application described in subparagraph (E)(ii), 
                subject to clause (ii)'' and inserting ``Subject to 
                clauses (ii) and (iii)''.
                    (B) Dependent employers.--Section 212(n)(1)(G)(ii) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1182(n)(1)(G)(ii)) is amended to read as follows:
                            ``(ii) The employer shall be required to 
                        comply with additional supervised recruitment 
                        activities as specified by the Secretary of the 
                        Labor if the employer--
                                    ``(I) employs 50 or more employees 
                                in the United States and less than 50 
                                percent of such employees are United 
                                States workers; and
                                    ``(II) is offering wages below the 
                                wage level set by subsection (p)(1)(B) 
                                (relating to the mean wage for the 
                                occupational classification in the area 
                                of employment).
                        For purposes of this clause, the term `United 
                        States worker' shall include an alien with a 
                        pending or approved petition under subparagraph 
                        (E) or (F) of section 204(a)(1).''.
                    (C) Recruitment report.--Section 212(n)(1) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) 
                is amended, in the flush text following subparagraph 
                (G), by striking ``Nothing in subparagraph (G)'' and 
                inserting ``An employer required to recruit under 
                subparagraph (G) shall submit to the Secretary, along 
                with an application under this paragraph, a recruitment 
                report containing evidence that the employer posted the 
                employment opportunity on a publicly accessible 
                Internet Web site and engaged in at least 3 other forms 
                of active recruitment (as defined in subsection 
                (a)(5)(A)(vii)(III)). The employer shall maintain an 
                audit file of recruitment activities, including 
                information on United States worker applicants, for 3 
                years after the date the application was filed with the 
                Secretary. Nothing in Subparagraph (G)''.
            (2) Exception for employers who pay increased wages.--
        Section 212(n)(1)(G) of the Immigration and Nationality Act (8 
        U.S.C. 1182(n)(1)(G)), as amended by this subsection, is 
        further amended by adding at the end the following:
                            ``(iii) The conditions described in clause 
                        (i) shall not apply to an application filed 
                        with respect to the employment of an H-1B 
                        nonimmigrant--
                                    ``(I) who is described in 
                                subparagraph (A), (B), or (C) of 
                                section 203(b)(1); or
                                    ``(II) if the wages being offered 
                                to such nonimmigrant meet or exceed the 
                                wage level set by subsection (p)(1)(B) 
                                (relating to the mean wage for the 
                                occupational classification in the area 
                                of employment) and the applicant is 
                                designated as an Established U.S. 
                                Recruiter under section 
                                212(a)(5)(A)(vii).''.
            (3) Eliminating redundant testing of labor market.--Section 
        212(a)(5)(D) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)(5)(D)) is amended--
                    (A) by striking ``The grounds'' and inserting ``(i) 
                Except as provided in clause (ii), the grounds''; and
                    (B) by adding at the end the following:
                    ``(ii) Clause (i) shall not apply to an alien 
                seeking admission or adjustment of status who is 
                presently a nonimmigrant described under section 
                101(a)(15)(H)(i)(b) if--
                            ``(I) the alien obtained such nonimmigrant 
                        status based on a petition filed after the 
                        effective date of the IDEA Act of 2011;
                            ``(II) the alien is the subject of a 
                        petition described in section 204(a)(1)(F) and 
                        is seeking admission or adjustment of status 
                        through such petition; and
                            ``(III) the petition described in subclause 
                        (II) was filed by the alien's employer within 
                        18 months after the date on which the alien 
                        obtained nonimmigrant status under section 
                        101(a)(15)(H)(i)(b).''.
    (d) Improving Protections for U.S. Workers.--
            (1) In general.--Section 212(n)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(n)(2)) is amended to read as 
        follows:
            ``(2)(A) In general.--The Secretary of Labor shall 
        establish a process for the receipt, investigation, and 
        disposition of complaints, which may be filed by any aggrieved 
        person or organization (including bargaining representatives), 
        respecting an employer's compliance with this subsection. The 
        Secretary, either pursuant to this complaint process or 
        otherwise, may investigate employers as necessary to determine 
        such compliance. The Secretary shall audit at least 5 percent 
        of the employers who file applications under paragraph (1) in a 
        given year to determine compliance with this subsection.
            ``(B) Penalties.--If the Secretary of Labor finds, after 
        notice and an opportunity for a hearing--
                    ``(i) a substantial failure to meet any of the 
                conditions of the application described under paragraph 
                (1), a misrepresentation of a material fact in such 
                application, or a violation of subparagraph (C) or 
                (D)--
                            ``(I) the Secretary of Labor shall, in 
                        addition to any other remedy authorized by law, 
                        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; and
                            ``(II) the Secretary of Labor may not 
                        approve applications with respect to that 
                        employer under paragraph (1) during a period of 
                        at least 1 year but not more than 5 years for 
                        aliens to be employed by the employer; and
                    ``(ii) a substantial failure to meet any of the 
                conditions of the application described under paragraph 
                (1) or a misrepresentation of a material fact in such 
                application, in the course of which failure or 
                misrepresentation the employer displaced a United 
                States worker employed by the employer within the 
                period beginning 180 days before and ending 180 days 
                after the date of filing of any visa petition supported 
                by the application--
                            ``(I) the Secretary of Labor shall impose 
                        such administrative remedies (including civil 
                        monetary penalties in an amount not to exceed 
                        $35,000 per violation) as the Secretary 
                        determines to be appropriate; and
                            ``(II) the Secretary of Labor may not 
                        approve applications with respect to that 
                        employer under paragraph (1) during a period of 
                        at least 5 years for aliens to be employed by 
                        the employer.
            ``(C) Discrimination or retaliation prohibited.--It is a 
        violation of this subparagraph for an employer who has filed an 
        application under this subsection to intimidate, threaten, 
        restrain, coerce, discharge, or in any other manner 
        discriminate or retaliate against an employee (including a 
        former employee or an applicant for employment) because the 
        employee--
                    ``(i) has disclosed information to the employer, or 
                to any other person, that the employee reasonably 
                believes evidences a violation of this subsection, or 
                any rule or regulation pertaining to this subsection; 
                or
                    ``(ii) seeks legal assistance or counsel related to 
                any such violation, or cooperates, or seeks to 
                cooperate, in an investigation or other proceeding 
                concerning the employer's compliance with the 
                requirements of this subsection, or any rule or 
                regulation pertaining to this subsection.
        The Secretary of Labor and the Secretary of Homeland Security 
        shall devise a process under which an H-1B nonimmigrant who 
        files a complaint regarding a violation of this subparagraph 
        and is otherwise eligible to remain and work in the United 
        States may be allowed to seek other appropriate employment in 
        the United States for a period not to exceed the maximum period 
        of stay authorized for such nonimmigrant classification.
            ``(D) Prohibited fees.--It is a violation of this 
        subparagraph for an employer who has filed an application under 
        this subsection--
                    ``(i) 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; or
                    ``(ii) to require or accept reimbursement or any 
                other form of compensation from an alien with respect 
                to a fee imposed on the employer under section 
                214(c)(9).
            ``(E) Benching prohibited.--
                    ``(i) In general.--It is a violation of paragraph 
                (1)(A) for an employer, who has filed an application 
                under this subsection and who places an H-1B 
                nonimmigrant, after the nonimmigrant has entered into 
                employment with the employer, in nonproductive status 
                due to a decision by the employer (based on factors 
                such as lack of work), or due to the nonimmigrant's 
                lack of a permit or license, to fail to pay the 
                nonimmigrant full-time wages in accordance with 
                paragraph (1)(a) for all such nonproductive time (if 
                the nonimmigrant was designated as a full-time employee 
                on the petition filed under section 214(c)(1)) or 
                otherwise for such hours as are designated on such 
                petition consistent with the rate of pay identified on 
                such petition.
                    ``(ii) Exceptions.--
                            ``(I) In the case of an H-1B nonimmigrant 
                        who has not yet entered into employment with an 
                        employer who has had approved an application 
                        under this subsection, and a petition under 
                        section 214(c)(1), with respect to the 
                        nonimmigrant, subclause (i) shall apply to the 
                        employer beginning 30 days after the date the 
                        nonimmigrant first is admitted into the United 
                        States pursuant to the petition, or 60 days 
                        after the date the nonimmigrant becomes 
                        eligible to work for the employer (in the case 
                        of a nonimmigrant who is present in the United 
                        States on the date of the approval of the 
                        petition).
                            ``(II) Clause (i) does not apply to a 
                        failure to pay wages to an H-1B nonimmigrant 
                        for nonproductive time due to non-work-related 
                        factors, such as the voluntary request of the 
                        nonimmigrant for an absence or circumstances 
                        rendering the nonimmigrant unable to work.
                            ``(III) Clause (i) shall not be construed 
                        as prohibiting an employer that is a school or 
                        other educational institution from applying to 
                        an H-1B nonimmigrant an established salary 
                        practice of the employer, under which the 
                        employer pays to H-1B nonimmigrants and United 
                        States workers in the same occupational 
                        classification an annual salary in 
                        disbursements over fewer than 12 months, if--
                                    ``(aa) the nonimmigrant agrees to 
                                the compressed annual salary payments 
                                prior to the commencement of the 
                                employment; and
                                    ``(bb) the application of the 
                                salary practice to the nonimmigrant 
                                does not otherwise cause the 
                                nonimmigrant to violate any condition 
                                of the nonimmigrant's authorization 
                                under this chapter to remain in the 
                                United States.
                    ``(iii) Relation to subparagraph (g).--This 
                subparagraph shall not be construed as superseding 
                subparagraph (G).
            ``(F) Treatment.--It is a violation of paragraph (1)(A) for 
        an employer who has filed an application under this subsection 
        to fail to offer to an H-1B nonimmigrant, during the 
        nonimmigrant's period of authorized employment, benefits and 
        eligibility for benefits (including the opportunity to 
        participate in health, life, disability, and other insurance 
        plans; the opportunity to participate in retirement and savings 
        plans; and cash bonuses and noncash compensation, such as stock 
        options (whether or not based on performance)) on the same 
        basis, and in accordance with the same criteria, as the 
        employer offers to United States workers.
            ``(G) Back wages.--If the Secretary of Labor finds, after 
        notice and an opportunity for a hearing, that recovery of back 
        wages, fees or costs is necessary to address a violation of 
        this subsection or any other law, the Secretary of Labor may 
        recover such back wages, fees or costs on behalf of the worker.
            ``(H) Good faith compliance.--
                    ``(i) Except as provided in clauses (ii) and (iii), 
                a person or entity is considered to have complied with 
                the requirements of this subsection, notwithstanding a 
                technical or procedural failure to meet such 
                requirements, if there was a good faith attempt to 
                comply with the requirements.
                    ``(ii) Clause (i) shall not apply if--
                            ``(I) the Department of Labor (or another 
                        enforcement agency) has explained to the person 
                        or entity the basis for the failure;
                            ``(II) the person or entity has been 
                        provided a period of not less than 10 business 
                        days (beginning after the date of the 
                        explanation) within which to correct such 
                        failure; and
                            ``(III) the person or entity has not 
                        corrected the failure voluntarily within such 
                        period.
                    ``(iii) A person or entity that, in the course of 
                an investigation, is found to have violated the 
                prevailing wage requirements set forth in paragraph 
                (1)(A), shall not be assessed fines or other penalties 
                for such violation if the person or entity can 
                establish that the manner in which the prevailing wage 
                was calculated was consistent with recognized industry 
                standards and practices.
                    ``(iv) Clauses (i) and (iii) shall not apply to a 
                person or entity that has engaged in or is engaging in 
                a pattern or practice of willful violations of this 
                paragraph.
            ``(I) Authority to ensure compliance.--The Secretary of 
        Labor is authorized to take other such actions, including 
        issuing subpoenas and seeking appropriate injunctive relief and 
        specific performance of contractual obligations, as may be 
        necessary to assure employer compliance with the terms and 
        conditions under this subsection. The rights and remedies 
        provided to H-1B nonimmigrants by this subsection are in 
        addition to, and not in lieu of, any other contractual or 
        statutory rights and remedies of such nonimmigrants, and are 
        not intended to alter or affect such rights and remedies.
            ``(J) Substantial failure defined.--The term `substantial 
        failure' means the repeated, reckless or willful failure to 
        comply with the requirements of this section that constitute a 
        significant deviation from the requirements of this section or 
        the terms and conditions of an application filed under this 
        section.''.
            (2) Conforming amendment.--Section 212(n) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended 
        by striking paragraphs (3) and (5) and redesignating paragraph 
        (4), as amended by this section, as paragraph (3).
    (e) Eliminating H-1B Extensions for Exclusively Temporary 
Workers.--Section 214(g)(4) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)(4)) is amended by striking ``6'' and inserting ``3''.
    (f) Increased Portability for H-1B Employees.--
            (1) Grace period.--Section 214(g)(4) of the Immigration and 
        Nationality Act (8 U.S.C. 1184(g)(4)), as amended by this Act, 
        is further amended by adding at the end the following:
            ``(C) If a nonimmigrant described in section 
        101(a)(15)(H)(i)(b) is terminated or laid off by the 
        nonimmigrant's employer, or otherwise ceases employment with 
        the employer, the nonimmigrant's status shall continue for 60 
        days or until the last date of the previously approved status, 
        whichever is earlier.''.
            (2) Allowing promotions.--Section 204(j) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(j)) is amended by--
                    (A) striking ``(a)(1)(D)'' and inserting 
                ``(a)(1)(F)'';
                    (B) striking ``if the new job is in the same or 
                similar occupational classification as the job for 
                which the petition was filed.'' and inserting ``if the 
                new job--''; and
                    (C) inserting at the end the following:
            ``(1) is in the same or similar occupational classification 
        as the job for which the petition was filed; or
            ``(2) is in a different occupational classification that is 
        in a field related to the job for which the petition was filed 
        and involves an increase in wages of at least 5 percent.''.
            (3) Retention of priority date.--Section 203 of the 
        Immigration and Nationality Act (8 U.S.C. 1153), as amended by 
        this Act, is further amended by adding at the end the following 
        new subsection:
    ``(i) Retention of Priority Date.--The priority date for any 
immigrant petition shall be the date of filing with the Secretary of 
Homeland Security or the Secretary of State, unless the filing was 
preceded by the filing of a labor certification with the Secretary of 
Labor, in which case the date of filing of such labor certification 
shall constitute the priority date. The beneficiary of any petition 
shall retain the earliest priority date based on any approved petition 
filed on the beneficiary's behalf, regardless of the category of 
subsequent petitions.''.
            (4) Employment of spouses.--Section 214(c)(2)(E) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(E)) is 
        amended by striking ``section 101(a)(15)(L)'' and inserting 
        ``subparagraph (H) or (L) of section 101(a)(15)''.
    (g) Elimination of H-1B Classification for Fashion Models.--
            (1) In general.--Section 101(a)(15)(H)(i)(b) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) 
        is amended--
                    (A) by striking ``or as a fashion model''; and
                    (B) by striking ``or, in the case of a fashion 
                model, is of distinguished merit and ability''.
            (2) Addition to p nonimmigrant classification.--
                    (A) New classification.--Section 101(a)(15)(P) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(P)) is amended--
                            (i) in clause (iii), by striking ``or'' at 
                        the end;
                            (ii) in clause (iv), by striking ``clause 
                        (i), (ii), or (iii)'' and inserting ``clause 
                        (i), (ii), (iii), or (iv)'';
                            (iii) by redesignating clause (iv) as 
                        clause (v);
                            (iv) by inserting after clause (iii) the 
                        following:
                            ``(iv) is a fashion model who is of 
                        distinguished merit and ability and who is 
                        seeking to enter the United States temporarily 
                        to perform fashion modeling services that 
                        involve events or productions which have a 
                        distinguished reputation or that are performed 
                        for an organization or establishment that has a 
                        distinguished reputation for, or a record of, 
                        utilizing prominent modeling talent; or''; and
                            (v) by striking ``having a foreign 
                        residence which the alien has no intention of 
                        abandoning''.
                    (B) Authorized period of stay.--Section 214(a)(2) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1184(a)(2)) is amended--
                            (i) in paragraph (B) by inserting ``(i), 
                        (ii), and (iii)'' after ``1101(a)(15)(P)'' each 
                        place that term appears; and
                            (ii) by inserting ``or fashion model'' 
                        after ``athlete''.
                    (C) Consultation.--
                            (i) In general.--Section 214(c)(4)(D) of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1184(c)(4)(D)) is amended by striking ``clause 
                        (i) or (iii)'' and inserting ``clause (i), 
                        (iii), or (iv)''.
                            (ii) Advisory opinion.--Section 
                        214(c)(6)(A) of the Immigration and Nationality 
                        Act (8 U.S.C. 1184(c)(6)(A)) is amended by 
                        inserting at the end new clause to read as 
                        follows:
                            ``(iv) To meet the consultation requirement 
                        of paragraph (4)(D), in the case of a petition 
                        for a nonimmigrant described in section 
                        101(a)(15)(P)(iv) of this Act, the petitioner 
                        shall submit with the petition an advisory 
                        opinion from a peer group, labor organization, 
                        or other person or persons of its choosing with 
                        expertise in the field of fashion modeling.''
                            (iii) Expedited procedures.--Section 
                        214(c)(6)(E)(i) of the Immigration and 
                        Nationality Act (8 U.S.C. 1184(c)(6)(E)(i)) is 
                        amended by striking ``artists or entertainers'' 
                        and inserting ``artists, entertainers, or 
                        fashion models''.
            (3) Conforming amendments.--Section 214 (a) and (c) of the 
        Immigration and Nationality Act (8 U.S.C. 1184 (a) and (c)) are 
        amended by striking the term ``Attorney General'' each place it 
        appears and inserting ``Secretary of Homeland Security''.
            (4) Construction.--Nothing in this subsection shall be 
        construed as preventing an alien who is a fashion model from 
        obtaining nonimmigrant status under section 101(a)(15)(O)(i) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(O)(i)) if such alien is otherwise qualified for 
        such status.

SEC. 403. REFORMING THE L VISA PROGRAM TO PROTECT AMERICAN WORKERS.

    (a) Requiring Prevailing Wage for Certain L-1B Nonimmigrants.--
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:
                    ``(G)(i) No alien described in clause (ii) may be 
                admitted or provided status under section 101(a)(15)(L) 
                unless the employer has filed with the Secretary of 
                Labor an application stating that the employer--
                            ``(I) is offering and will offer during the 
                        period of authorized employment wages that are 
                        at least--
                                    ``(aa) the actual wage level paid 
                                by the employer to all other 
                                individuals with similar experience and 
                                qualifications for the specific 
                                employment in question, or
                                    ``(bb) the prevailing wage level 
                                for the occupational classification in 
                                the area of employment,
                        whichever is greater, based on the best 
                        information available as of the time of filing 
                        the application; and
                            ``(II) will provide working conditions for 
                        such alien that will not adversely affect the 
                        working conditions of workers similarly 
                        employed.
                    ``(ii) An alien is described in this clause if the 
                alien will serve in a capacity involving specialized 
                knowledge under section 101(a)(15)(L) and the alien--
                            ``(I) will be employed in the United States 
                        for a cumulative period of time in excess of 18 
                        months over a 3-year period, or
                            ``(II) will be employed in the United 
                        States for a cumulative period of time in 
                        excess of 90 days over a 3-year period and will 
                        be stationed primarily at the worksite of an 
                        employer other than the petitioning employer or 
                        its affiliate, subsidiary, or parent, including 
                        pursuant to an outsourcing, leasing, or other 
                        contracting agreement.
                    ``(iii) An employer may comply with the 
                requirements of clause (i) by establishing that the 
                total amount of compensation to be paid by the employer 
                to the alien (including the value of benefits paid by 
                the employer to the alien in the alien's home country, 
                employer-provided housing or housing allowances, 
                employer-provided vehicles or transportation 
                allowances, and other benefits provided to the alien as 
                an incident of the assignment in the United States) 
                meets or exceeds the total amount of compensation paid 
                by the employer to all other employees with similar 
                experience and qualifications working in the same 
                occupational classification.''.
    (b) Investigation and Disposition of Complaints Against L-1 
Employers.--Section 214(c)(2) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)(2)), as amended by this section, is further amended by 
adding at the end the following:
                    ``(H)(i) The Secretary of Labor shall establish a 
                process for the receipt, investigation and disposition 
                of complaints, which may be filed by any aggrieved 
                person or organization (including bargaining 
                representatives), respecting an employer's compliance 
                with this paragraph and the conditions of an 
                application under paragraph (1) for a nonimmigrant 
                under section 101(a)(15)(L). The Secretary, either 
                pursuant to this complaint process or otherwise, may 
                investigate employers as necessary to determine such 
                compliance. The Secretary shall audit at least 5 
                percent of the employers who file applications under 
                subparagraph (G) in a given year to determine 
                compliance with this subsection.
                    ``(ii) If the Secretary finds, after notice and an 
                opportunity for a hearing, a substantial failure to 
                meet any of the conditions of this paragraph, a 
                misrepresentation of a material fact in an application 
                under paragraph (1) for a nonimmigrant under section 
                101(a)(15)(L), or a violation of clause (iii) or (iv)--
                            ``(I) the Secretary shall, in addition to 
                        any other remedy authorized by law, 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; and
                            ``(II) the Secretary may not approve 
                        applications with respect to that employer 
                        under paragraph (1) for a nonimmigrant under 
                        section 101(a)(15)(L) during a period of at 
                        least 1 year but not more than 5 years for 
                        aliens to be employed by the employer.
                    ``(iii) It is a violation of this subparagraph for 
                an employer who has filed an application under 
                paragraph (1) for a nonimmigrant under section 
                101(a)(15)(L) to intimidate, threaten, restrain, 
                coerce, discharge, or in any other manner discriminate 
                or retaliate against an employee (including a former 
                employee or an applicant for employment) because the 
                employee--
                            ``(I) has disclosed information to the 
                        employer, or to any other person, that the 
                        employee reasonably believes evidences a 
                        violation of this subsection, or any rule or 
                        regulation pertaining to this subsection; or
                            ``(II) seeks legal assistance or counsel 
                        related to any such violation, or cooperates, 
                        or seeks to cooperate, in an investigation or 
                        other proceeding concerning the employer's 
                        compliance with the requirements of this 
                        subsection, or any rule or regulation 
                        pertaining to this subsection.
                The Secretary shall devise a process under which a 
                nonimmigrant under section 101(a)(15)(L) who files a 
                complaint regarding a violation of this subparagraph 
                and is otherwise eligible to remain and work in the 
                United States may be allowed to seek other appropriate 
                employment in the United States for a period not to 
                exceed the maximum period of stay authorized for such 
                nonimmigrant classification.
                    ``(iv) It is a violation of this subparagraph for 
                an employer who has filed an application under 
                paragraph (1) for a nonimmigrant under section 
                101(a)(15)(L)--
                            ``(I) to require such nonimmigrant to pay a 
                        penalty for ceasing employment with the 
                        employer prior to a date agreed to by the 
                        nonimmigrant and the employer; or
                            ``(II) to require or accept reimbursement 
                        or any other form of compensation from an alien 
                        with respect to a fee imposed on the employer 
                        related to such application.
                    ``(v) If the Secretary finds, after notice and an 
                opportunity for a hearing, that recovery of back wages, 
                fees or costs is necessary to address a violation of 
                this subparagraph or any other law, the Secretary may 
                recover such back wages, fees or costs on behalf of the 
                worker.
                    ``(vi) The Secretary is authorized to take other 
                such actions, including issuing subpoenas and seeking 
                appropriate injunctive relief and specific performance 
                of contractual obligations, as may be necessary to 
                assure employer compliance with the terms and 
                conditions under this paragraph. The rights and 
                remedies provided to nonimmigrants under section 
                101(a)(15)(L) by this paragraph are in addition to, and 
                not in lieu of, any other contractual or statutory 
                rights and remedies of such nonimmigrants, and are not 
                intended to alter or affect such rights and remedies.
                    ``(vii)(I) Except as provided in subclauses (II) 
                and (III), a person or entity is considered to have 
                complied with the requirements of this paragraph, 
                notwithstanding a technical or procedural failure to 
                meet such requirements, if there was a good faith 
                attempt to comply with the requirements.
                            ``(II) Subclause (I) shall not apply if--
                                    ``(aa) the Secretary of Homeland 
                                Security (or another enforcement 
                                agency) has explained to the person or 
                                entity the basis for the failure;
                                    ``(bb) the person or entity has 
                                been provided a period of not less than 
                                10 business days (beginning after the 
                                date of the explanation) within which 
                                to correct such failure; and
                                    ``(cc) the person or entity has not 
                                corrected the failure voluntarily 
                                within such period.
                            ``(III) A person or entity that, in the 
                        course of an investigation, is found to have 
                        violated the prevailing wage requirements set 
                        forth in subparagraph (G), shall not be 
                        assessed fines or other penalties for such 
                        violation if the person or entity can establish 
                        that the manner in which the prevailing wage 
                        was calculated was consistent with recognized 
                        industry standards and practices.
                            ``(IV) Subclauses (I) and (III) shall not 
                        apply to a person or entity that has engaged in 
                        or is engaging in a pattern or practice of 
                        willful violations of this paragraph.
                    ``(viii) The term `substantial failure' means the 
                repeated, reckless or willful failure to comply with 
                the requirements of this paragraph that constitute a 
                significant deviation from the requirements of this 
                paragraph or the terms and conditions of an application 
                filed under paragraph (1) for nonimmigrants under 
                section 101(a)(15)(L).''.
    (c) Technical Amendment.--Section 214(c)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)), as amended by this section, is 
further amended by striking ``Attorney General'' each place such term 
appears and inserting ``Secretary of Homeland Security''.
    (d) Report on L-1 Nonimmigrants.--Section 214(c)(8) of the 
Immigration and Nationality Act (8 U.S.C. 1184(c)(8)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security or Secretary of State, as 
        appropriate,'';
            (2) by inserting ``(L),'' after ``(H),''; and
            (3) by adding at the end the following:
                    ``(F) The number of applications for nonimmigrants 
                described under section 101(a)(15)(L), based on an 
                approved blanket petition under paragraph (2)(A), which 
                have been filed.
                    ``(G) The number of applications for nonimmigrants 
                described under section 101(a)(15)(L), based on an 
                approved blanket petition under paragraph (2)(A), which 
                have been approved.''.
    (e) Report on L-1 Blanket Petition Process.--Not later than 12 
months after the date of the enactment of this Act, the Inspector 
General of the Department of Homeland Security, in cooperation with the 
Inspector General of the Department of State, shall submit to the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate 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 and adjudicating visa applications filed under an approved 
blanket petition, including whether the process includes adequate 
safeguards against fraud and abuse.

         TITLE V--PROMOTING INVESTMENT IN THE AMERICAN ECONOMY

SEC. 501. EB-5 EMPLOYMENT CREATION INVESTOR PROGRAM.

    (a) Authorization of EB-5 Employment Creation Regional Center 
Program.--Section 203(b)(5) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)) is amended by adding at the end the following new 
subparagraph:
                    ``(E) Set-aside for employment creation regional 
                centers.--
                            ``(i) In general.--Of the visas otherwise 
                        available under this paragraph, the Secretary 
                        of State, together with the Secretary of 
                        Homeland Security, shall set aside at least 
                        5,000 visas for a program involving regional 
                        centers designated by the Secretary of Homeland 
                        Security, on the basis of a general proposal, 
                        for the promotion of economic growth, including 
                        improved regional productivity, job creation, 
                        or increased domestic capital investment. A 
                        regional center shall have jurisdiction over a 
                        specific geographic area, which shall be 
                        described in the proposal and consistent with 
                        the purpose of concentrating pooled investment 
                        in defined economic zones. The establishment of 
                        a regional center under this subparagraph may 
                        be based on general predictions, contained in 
                        the proposal, concerning the kinds of new 
                        commercial enterprises that will receive 
                        capital from aliens under this paragraph, the 
                        jobs that will be created (directly or 
                        indirectly) as a result of such capital 
                        investments and the other positive economic 
                        effects such capital investments will have.
                            ``(ii) Methodologies.--In determining 
                        compliance with this subparagraph, and 
                        notwithstanding requirements applicable to 
                        investors not involving regional centers, the 
                        Secretary of Homeland Security, in consultation 
                        with the Secretary of Commerce, shall recognize 
                        reasonable methodologies for determining the 
                        number of jobs created by a designated regional 
                        center, including such jobs that are estimated 
                        to have been created indirectly through 
                        revenues generated from increased exports, 
                        improved regional productivity, or increased 
                        domestic capital investment resulting from the 
                        regional center. The Secretary may consider 
                        estimated job creation outside the geographic 
                        boundary of a designated regional center if 
                        such estimate is supported by substantial 
                        evidence and constitutes no more than 50 
                        percent of the overall number of jobs estimated 
                        to be created by such regional center.
                            ``(iii) Preapproval of new commercial 
                        enterprises.--The Secretary of Homeland 
                        Security shall establish a preapproval 
                        procedure for commercial enterprises that--
                                    ``(I) allows a regional center to 
                                apply to the Secretary for approval of 
                                a new commercial enterprise before any 
                                alien files a petition for 
                                classification under this paragraph by 
                                reason of investment in the new 
                                commercial enterprise;
                                    ``(II) in considering an 
                                application under subclause (I), 
                                requires that the Secretary make final 
                                decisions on all issues under this 
                                paragraph other than those issues 
                                unique to each individual investor in 
                                the new commercial enterprise; and
                                    ``(III) requires that the Secretary 
                                eliminate the need for the repeated 
                                submission of documentation that is 
                                common to multiple petitions for 
                                classification under this paragraph 
                                through a regional center.
                            ``(iv) Fee for regional center 
                        designation.--In addition to any other fees 
                        authorized by law, the Secretary of Homeland 
                        Security shall impose a fee to apply for 
                        designation as an EB-5 regional center under 
                        this paragraph. Fees collected under this 
                        paragraph shall be deposited in the Treasury in 
                        accordance with section 286(y).''.
    (b) Targeted Employment Areas.--Section 203(b)(5)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(B)) is amended as 
follows:
            (1) Targeted employment area defined.--In clause (ii), to 
        read as follows:
                            ``(ii) Targeted employment area defined.--
                        In this paragraph, the term `targeted 
                        employment area' means--
                                    ``(I) a rural area;
                                    ``(II) an area that has experienced 
                                high unemployment (of at least 150 
                                percent of the national average rate) 
                                within the preceding 12 months;
                                    ``(III) a county that has had a 20 
                                percent or more decrease in population 
                                since 1970; or
                                    ``(IV) an area that is within the 
                                boundaries established for purposes of 
                                a State or Federal economic development 
                                incentive program, including areas 
                                defined as Enterprise Zones, Renewal 
                                Communities and Empowerment Zones.''.
            (2) Rural area defined.--In clause (iii), by striking 
        ``within a metropolitan statistical area or''.
            (3) Effect of prior determination.--By adding at the end 
        the following:
                            ``(iv) Effect of prior determination.--In a 
                        case in which a geographic area is determined 
                        under clause (ii) to be a targeted employment 
                        area, such determination shall remain in effect 
                        during the 2-year period beginning on the date 
                        of the determination for purposes of any alien 
                        seeking a visa reserved under this 
                        subparagraph.''.
    (c) Calculating Job Creation.--Section 203(b)(5)(D) of such Act (8 
U.S.C. 1153(b)(5)(D)) is amended to read as follows:
                    ``(D) Full-time employment.--In this paragraph, the 
                term `full-time employment' means employment in a 
                position that requires at least 35 hours of service per 
                week at any time, regardless of who fills the position. 
                Such employment may be satisfied on a full-time 
                equivalent basis by calculating the number of full-time 
                employees that could have been employed if the reported 
                number of hours worked by part-time employees had been 
                worked by full-time employees. Full-time equivalent 
                employment shall be calculated by dividing the part-
                time hours paid by the standard number of hours for 
                full-time employees.''.
    (d) Capital.--Section 203(b)(5)(C) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(5)(C)) is amended by adding at the 
end the following:
                            ``(iv) Capital defined.--For purposes of 
                        this paragraph, the term `capital' does not 
                        include any assets acquired, directly or 
                        indirectly, by unlawful means.''.
    (e) Type of Investment.--Section 203(b)(5)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)(5)(A)), is amended by adding ``or 
similar entity'' after ``including a limited partnership''.
    (f) Extension.--Subparagraph (A) of section 216A(d)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1186b(d)(2)(A)) is amended by 
adding at the end the following: ``A date specified by the applicant 
(but not later than the fourth anniversary) shall be substituted for 
the second anniversary in applying the preceding sentence if the 
applicant demonstrates that the applicant has attempted to follow the 
applicant's business model in good faith, provides an explanation for 
the delay in filing the petition that is based on circumstances outside 
of the applicant's control, and demonstrates that such circumstances 
will be able to be resolved within the specified period.''.
    (g) Study.--
            (1) In general.--The Secretary of Homeland Security, in 
        appropriate consultation with the Secretary of Commerce and 
        other interested parties, shall conduct a study concerning--
                    (A) current job creation counting methodology and 
                initial projections under section 203(b)(5) of the 
                Immigration and Nationality Act (8 U.S.C. 1153(b)(5)); 
                and
                    (B) how to best promote the employment creation 
                program described in such section overseas to potential 
                immigrant investors.
            (2) Report.--The Secretary of Homeland Security shall 
        submit a report to the Committee on the Judiciary of the House 
        of Representatives and the Committee on the Judiciary of the 
        Senate not later than 1 year after the date of the enactment of 
        this Act containing the results of the study conducted under 
        paragraph (1).
    (h) Biennial Report.--Beginning on the date that is one year after 
the date of enactment of this Act, and every 2 years thereafter, the 
Secretary of Homeland Security shall submit a report to the Committee 
on the Judiciary of the House of Representatives and the Committee on 
the Judiciary of the Senate that measures the economic impact of the 
regional center program described in section 203(b)(5)(E) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(E)), including--
            (1) foreign and domestic capital investment;
            (2) the number of jobs directly and indirectly created;
            (3) any other economic benefits related to foreign 
        investment under such program; and
            (4) the number of petitions under such section approved or 
        denied for each regional center.
    (i) Rulemaking.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
prescribe regulations to implement the amendments made by this section.

SEC. 502. CONCURRENT FILING; ADJUSTMENT OF STATUS.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended--
            (1) in subsection (k), in the matter preceding paragraph 
        (1), by striking ``(1), (2), or (3)'' and inserting ``(1), (2), 
        (3), (5), or (6)''; and
            (2) by adding at the end the following:
    ``(n) If, at the time a petition is filed under section 204 for 
classification under paragraph (5) or (6) of section 203(b), approval 
of the petition would make a visa immediately available to the alien 
beneficiary, the alien beneficiary's adjustment application under this 
section shall be considered to be properly filed whether the 
application is submitted concurrently with, or subsequent to, the visa 
petition.''.

SEC. 503. FEES; PREMIUM PROCESSING.

    (a) Establishment of Account; Use of Fees.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356), as amended by this 
Act, is further amended by adding at the end the following:
    ``(y) Immigrant Entrepreneur Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Immigrant Entrepreneur Account'. Notwithstanding any other 
        provision of law, there shall be deposited as offsetting 
        receipts into the account all fees collected under paragraph 
        (5) or (6) of section 203(b) of this Act or section 610(b) of 
        the Departments of Commerce, Justice, and State, the Judiciary, 
        and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 
        note).
            ``(2) Use of fees.--Fees collected under this section may 
        only be used by the Secretary of Homeland Security to 
        administer and operate the employment creation program 
        described in paragraph (5) or (6) of section 203(b).''.
    (b) Premium Processing.--Section 286(u) of the Immigration and 
Nationality Act (8 U.S.C. 1356(u)) is amended by adding at the end the 
following: ``In the case of a petition filed under section 204(a)(1)(H) 
for classification under paragraph (5) or (6) of section 203(b), if the 
petitioner desires a guarantee of a decision on the petition in 60 days 
or less, the premium processing fee under this subsection shall be set 
at $2,500 and shall be deposited as offsetting receipts in the 
Immigrant Entrepreneur Account established under subsection (y).''.
                                 <all>