[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3185 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3185

    To amend the Immigration and Nationality Act to provide certain 
   immigration benefits for aliens with advanced degrees in science, 
    technology, engineering, or mathematics and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2012

  Mr. Cornyn 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 provide certain 
   immigration benefits for aliens with advanced degrees in science, 
    technology, engineering, or mathematics and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing the Talent America Requires 
for the 21st Century Act of 2012'' or the ``STAR Act of 2012''.

SEC. 2. DEFINITIONS.

    (a) STEM Field.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by inserting after paragraph (52) the 
following new paragraph:
            ``(53) STEM field.--The term `STEM field' means a field of 
        study or occupation included on the 2012 STEM Designated Degree 
        Program List published by the Department of Homeland Security 
        and referred to in section 214.2(f)(11)(C)(2) of title 8, Code 
        of Federal Regulations, (or any similar successor regulation) 
        or any field of study or occupation added to such list by the 
        Secretary of Homeland Security.''.
    (b) United States Research Institution.--Section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)), as amended by 
subsection (a), is further amended by adding at the end, the following 
new paragraph:
            ``(54) United states research institution.--The term 
        `United States research institution' means an institution of 
        higher education that--
                    ``(A) is described in section 101(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1001(a));
                    ``(B) received, or is part of a system of 
                institutions of higher education that received, at 
                least $5,000,000 in direct Federal science and 
                engineering funding for research and development in the 
                preceding fiscal year; or
                    ``(C) has been in existence for at least 10 
                years.''.

SEC. 3. LABOR MARKET PROVISIONS.

    (a) Labor Certification and Qualification for Certain Immigrants.--
Section 212(a)(5)(A)(ii) of such Act (8 U.S.C. 1182(a)(5)(A)(ii)) is 
amended--
            (1) in subclause (I), by striking ``, or'' at the end and 
        inserting a semicolon;
            (2) in subclause (II), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                                    ``(III) holds a Master's degree in 
                                a STEM field from a United States 
                                research institution if the alien will 
                                be employed by an employer who engages 
                                in a competitive recruitment and 
                                selection process and determines that 
                                the alien was found to be more 
                                qualified than any willing and able 
                                United States worker who applied for 
                                the job.''.
    (b) Designation as Shortage Occupations.--A job described in an 
immigrant petition under paragraph (1) or (2) of section 203(b) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)) that is filed on 
behalf of an alien who holds a doctorate degree from a United States 
research institution in a STEM field (as that term is defined in 
paragraph (53) of section 101(a) of the Immigration and Nationality 
Act, as added by section 2(a)) shall be deemed a Schedule A shortage 
occupation and the petitioner may apply for a certification directly 
with the appropriate office of the Department of Homeland Security.
    (c) Labor Certification.--Section 212(a)(5)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at 
the end the following:
                            ``(v) Continued validity of labor market 
                        test.--A certification made under clause (i) 
                        with respect to an individual who seeks to 
                        immigrate under section 203(b)(2)(A)(i) shall 
                        remain valid if the individual files an 
                        immigrant petition under section 204(a)(1)(F) 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1154(a)(1)(F)). Recruitment conducted to 
                        satisfy clause (i) shall remain valid for an 
                        application submitted under clause 
                        (ii)(III).''.

SEC. 4. ALLOCATION OF VISAS.

    (a) Worldwide Level of Immigration.--Section 201(d)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1151(d)(2)) is amended by 
adding at the end the following:
                    ``(D) In addition to the increase provided under 
                subparagraph (C), the number computed under this 
                paragraph for fiscal year 2013 and subsequent fiscal 
                years shall be increased by 55,000, to be used in 
                accordance with section 203(b)(2)(A)(i).''.
    (b) Preference Allocation for Employment-Based Immigrants.--Section 
203(b)(2)(A) of such Act is amended--
            (1) by striking ``Visas shall be''; and inserting the 
        following:
                            ``(i) Advanced degree holders and aliens of 
                        exceptional ability.--Visas shall be''; and
            (2) by adding at the end the following:
                            ``(ii) STEM visa holder.--Visas allocated 
                        under section 203(b)(2) shall be made available 
                        first to aliens who graduate from a United 
                        States research institution with a doctorate or 
                        master's degree in a STEM field and who intend 
                        to work in a related field. Visas made 
                        available under this clause shall not be 
                        counted for purposes of computing any 
                        percentage of the worldwide level under this 
                        subsection.''.
    (c) Utilizing Visas.--Section 202(a)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(5)) is amended by adding at the end 
the following:
                    ``(C) Carry over visas.--The total number of visas 
                available under paragraph (1), (2), (3), (4) or (5) of 
                section 203(b) shall be increased by the difference 
                between the number of visas available under section 
                203(b) in the prior fiscal year and the amount used 
                during that fiscal year.''.

SEC. 5. RETAINING STUDENTS IN STEM FIELDS.

    (a) Dual Intent.--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 who intends to pursue a Master's or higher degree in a 
STEM field from a United States research institution) has a residence 
in a foreign country which the alien has no intention of abandoning, 
and who''.
    (b) Conforming Amendments.--
            (1) Presumption of status.--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 student intends to pursue a Master's or higher degree in 
        a STEM field from a United States research institution)''.
            (2) Intention to abandon foreign residence.--Section 214(h) 
        of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is 
        amended by inserting ``(F) (if the student intends to pursue a 
        Master's or higher degree in a field of science, technology, 
        engineering or mathematics from a qualifying research 
        institution)'' before ``(H)(i)(b)''.

SEC. 6. RETAINING SKILLED WORKERS SUBJECT TO VISA BACKLOG.

    (a) In General.--Section 245(a) of the Immigration and Nationality 
Act (8 U.S.C. 1255(a)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) by striking ``(a) The status of'' and inserting the 
        following:
    ``(a) In General.--
            ``(1) Adjustment of status.--The status of''; and
            (3) by adding at the end the following:
            ``(2) Supplemental fee.--An application that is based on a 
        petition approved or approvable under subparagraph (E) or (F) 
        of section 204(a)(1) may be filed without regard to the 
        limitation set forth in paragraph (1)(C) if a supplemental fee 
        of $500 is paid by the principal alien at the time the 
        application is filed. A supplemental fee may not be required 
        for any dependent alien accompanying or following to join the 
        principal alien.
            ``(3) Visa availability.--An application for adjustment 
        filed under this paragraph may not be approved until such time 
        as an immigrant visa becomes available.''.
    (b) Use of Fees.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is 
amended by inserting before the period at the end ``and the fees 
collected under section 245(a)(2).''.

SEC. 7. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

    (a) Worldwide Level of Diversity Immigrants.--Section 201 of the 
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Allocation of Diversity Immigrant Visas.--Section 203 of such 
Act (8 U.S.C. 1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Procedure for Granting Immigrant Status.--Section 204 of such 
Act (8 U.S.C. 1154) is amended--
            (1) by striking subsection (a)(1)(I); and
            (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.
    (d) Use of Visas.--There shall be 55,000 immigrant visas available 
for the aliens described in clause (ii) of section 203(b)(2)(A) of such 
Act (8 U.S.C. 1182(a)(5)(A)), as added by section 4.
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