[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3192 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3192

  To amend the Immigration and Nationality Act by establishing an F-4 
      nonimmigrant visa for aliens pursuing an advanced degree in 
 mathematics, engineering, technology, or the physical sciences in the 
 United States, to authorize such aliens to become permanent residents 
 if they obtain employment in the United States related to their field 
                   of study, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2012

  Mr. Alexander (for himself, Mr. Coons, Mr. Lugar, and Mr. Isakson) 
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 by establishing an F-4 
      nonimmigrant visa for aliens pursuing an advanced degree in 
 mathematics, engineering, technology, or the physical sciences in the 
 United States, to authorize such aliens to become permanent residents 
 if they obtain employment in the United States related to their field 
                   of study, 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 the ``Sustaining our Most Advanced 
Researchers and Technology Jobs Act of 2012'' or the ``SMART Jobs 
Act''.

SEC. 2. DEFINITION OF STEM FIELD.

    Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by inserting after paragraph (36) the following new 
paragraph:
            ``(36A) The term `STEM field' means a field of study or 
        occupation included on the most recent STEM-designated Degree 
        Program List published by the Department of Homeland Security 
        referred to in section 214.2(f)(11)(C)(2) of title 8, Code of 
        Federal Regulations (or similar successor regulation).''.

SEC. 3. VISAS FOR GRADUATE STUDENTS IN MATHEMATICS, ENGINEERING, 
              TECHNOLOGY, OR THE PHYSICAL SCIENCES.

    (a) New STEM Nonimmigrant Visa Category.--Section 101(a)(15)(F) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is 
amended--
            (1) in clause (i)--
                    (A) by inserting ``(except for a graduate program 
                described in clause (iv))'' after ``full course of 
                study'';
                    (B) by striking ``214(l)'' and inserting 
                ``214(m)''; and
                    (C) by striking the comma at the end and inserting 
                a semicolon;
            (2) in clause (ii)--
                    (A) by inserting ``or clause (iv)'' after ``clause 
                (i)''; and
                    (B) by striking ``, and'' and inserting a 
                semicolon;
            (3) in clause (iii), by adding ``and'' at the end; and
            (4) by adding at the end the following:
                    ``(iv) an alien described in clause (i) who has 
                been accepted and plans to attend an accredited 
                graduate program in a STEM field at an institution of 
                higher education (as defined in section 101 of the 
                Higher Education Act of 1965 (20 U.S.C. 1001)) for the 
                purpose of obtaining an advanced degree;''.
    (b) Requirements for Obtaining an F-4 Visa.--Section 214(m) of the 
Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended--
            (1) by striking the matter preceding paragraph (1) and 
        inserting the following:
    ``(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School 
Students.--''; and
            (2) by adding at the end the following:
    ``(3)(A) An alien who obtains the status of a nonimmigrant under 
section 101(a)(15)(F)(iv) shall demonstrate an intent to--
            ``(i) return to the country of residence of such alien 
        immediately after the completion or termination of the graduate 
        program qualifying such alien for such status; or
            ``(ii) obtain employment in the United States in a STEM 
        field and become a permanent resident of the United States upon 
        the completion of the graduate program, which was the basis for 
        such nonimmigrant status.
    ``(B) A visa issued to an alien under section 101(a)(15)(F)(iv) 
shall be valid--
            ``(i) during the intended period of study in a graduate 
        program described in such section;
            ``(ii) for an additional period, not to exceed 1 year 
        beyond the completion of the graduate program, if the alien is 
        actively pursuing an offer of employment in a STEM field; and
            ``(iii) for an additional period, not to exceed 6 months, 
        while the alien's application for adjustment of status under 
        section 245(i)(4) is pending.
    ``(C) An alien shall qualify for adjustment of status to that of a 
person admitted for permanent residence if the alien--
            ``(i) has the status of a nonimmigrant under section 
        101(a)(15)(F)(iv);
            ``(ii) has successfully earned an advanced degree in a STEM 
        field at an institution of higher education (as defined in 
        section 101 of the Higher Education Act of 1965 (20 U.S.C. 
        1001)); and
            ``(iii) is employed full-time in the United States in a 
        position in a STEM field.''.
    (c) Adjustment of Status.--Section 245(i) of the Immigration and 
Nationality Act (8 U.S.C. 1255(i)) is amended by adding at the end the 
following:
    ``(4) The Secretary of Homeland Security may adjust the status of 
an alien who meets the requirements under section 214(m)(3) to that of 
an alien lawfully admitted for permanent residence if the alien--
            ``(A) makes an application for such adjustment;
            ``(B) is eligible to receive an immigrant visa;
            ``(C) is admissible to the United States for permanent 
        residence; and
            ``(D) remits a fee in an amount to be determined by the 
        Secretary.''.
    (d) Use of Fees.--
            (1) Job training; scholarships.--Section 286(s)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1356(s)(1)) is 
        amended by inserting ``and 80 percent of the fees collected 
        under section 245(i)(4)'' before the period at the end.
            (2) Fraud prevention and detection.--Section 286(v)(1) of 
        the Immigration and Nationality Act (8 U.S.C. 1356(v)(1)) is 
        amended by inserting ``and 20 percent of the fees collected 
        under section 245(i)(4)'' before the period at the end.

SEC. 4. ALIENS NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED 
              IMMIGRANTS.

    (a) In General.--Section 201(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end 
the following:
            ``(F) Aliens who have earned an advanced degree in a STEM 
        field and have been working in a STEM field in the United 
        States under a nonimmigrant visa during the 3-year period 
        preceding their application for an immigrant visa under section 
        203(b).''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to any visa application--
            (1) pending on the date of the enactment of this Act; or
            (2) filed on or after such date of enactment.

SEC. 5. ANNUAL REPORT ON STEM NONIMMIGRANT VISAS.

    (a) Requirement for Report.--The Secretary of Homeland Security 
shall submit to Congress an annual report on the nonimmigrant visas 
granted pursuant to clause (iv) of section 101(a)(15)(F) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)), as added by 
section 3(a).
    (b) Content.--Each report required by subsection (a) shall include 
the following:
            (1) The number of nonimmigrant visas granted during the 
        previous year pursuant to clause (iv) of section 101(a)(15)(F) 
        of the Immigration and Nationality Act, as added by section 
        3(a).
            (2) The countries of origin of the aliens granted 
        nonimmigrant visas pursuant to such clause (iv).
            (3) The number of degrees granted to such aliens and the 
        fields of such degrees.
            (4) A description of the employers of such aliens.
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