[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 169 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 169

 To amend the Immigration and Nationality Act to authorize additional 
 visas for well-educated aliens to live and work in the United States, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2013

Mr. Hatch (for himself, Ms. Klobuchar, Mr. Rubio, Mr. Coons, Mr. Flake, 
 Mrs. Shaheen, Mr. Heller, Mr. Blumenthal, Mr. Hoeven, Mr. Warner, Mr. 
 Nelson, and Mr. Schatz) 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 authorize additional 
 visas for well-educated aliens to live and work in the United States, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Innovation Act of 2013'' 
or the ``I-Squared Act of 2013''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
              TITLE I--EMPLOYMENT-BASED NONIMMIGRANT VISAS

Sec. 101. Market-based H-1B visa limits.
Sec. 102. Employment authorization for dependents of H-1B 
                            nonimmigrants.
Sec. 103. Eliminating impediments to worker mobility.
                        TITLE II--STUDENT VISAS

Sec. 201. Authorization of dual intent.
              TITLE III--EMPLOYMENT-BASED IMMIGRANT VISAS

Sec. 301. Elimination of per-country numerical limitations.
Sec. 302. Recapturing lost employment-based immigrant visas.
Sec. 303. Aliens not subject to direct numerical limitation.
                    TITLE IV--STEM EDUCATION FUNDING

Sec. 401. Funding for STEM education and training.
Sec. 402. Promoting American Ingenuity Account.
Sec. 403. STEM education grant application process.
Sec. 404. Approved activities.
Sec. 405. National evaluation.
Sec. 406. Rule of construction.

              TITLE I--EMPLOYMENT-BASED NONIMMIGRANT VISAS

SEC. 101. MARKET-BASED H-1B VISA LIMITS.

    (a) In General.--Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``(beginning with fiscal year 1992)''; and
                    (B) by amending subparagraph (A) to read as 
                follows:
                    ``(A) under section 101(a)(15)(H)(i)(b) may not 
                exceed the sum of--
                            ``(i) the base allocation calculated under 
                        paragraph (9)(A); and
                            ``(ii) the allocation adjustment calculated 
                        under paragraph (9)(B); and'';
            (2) in paragraph (5)--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end; and
                    (B) in subparagraph (C), by striking ``, until the 
                number of aliens who are exempted from such numerical 
                limitation during such year exceeds 20,000.'' and 
                inserting ``; or'';
            (3) in paragraph (8), by striking subparagraphs (B)(iv) and 
        (D);
            (4) by redesignating paragraph (10) as subparagraph (D) of 
        paragraph (9);
            (5) by redesignating paragraph (9) as paragraph (10); and
            (6) by inserting after paragraph (8) the following:
    ``(9)(A) The base allocation of nonimmigrant visas under section 
101(a)(15)(H)(i)(b) for each fiscal year shall be equal to--
            ``(i) the sum of--
                    ``(I) the base allocation for the most recently 
                completed fiscal year; and
                    ``(II) the allocation adjustment for the most 
                recently completed fiscal year;
            ``(ii) if the number calculated under clause (i) is less 
        than 115,000, 115,000; or
            ``(iii) if the number calculated under clause (i) is more 
        than 300,000, 300,000.
    ``(B)(i) If the number of cap-subject nonimmigrant visa petitions 
approved under section 101(a)(15)(H)(i)(b) during the first 45 days 
petitions may be filed for a fiscal year is equal to the base 
allocation for such fiscal year, an additional 20,000 such visas shall 
be made available beginning on the 46th day on which petitions may be 
filed for such fiscal year.
    ``(ii) If the base allocation of cap-subject nonimmigrant visa 
petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year 
is reached during the 15-day period ending on the 60th day on which 
petitions may be filed for such fiscal year, an additional 15,000 such 
visas shall be made available beginning on the 61st day on which 
petitions may be filed for such fiscal year.
    ``(iii) If the base allocation of cap-subject nonimmigrant visa 
petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year 
is reached during the 30-day period ending on the 90th day on which 
petitions may be filed for such fiscal year, an additional 10,000 such 
visas shall be made available beginning on the 91st day on which 
petitions may be filed for such fiscal year.
    ``(iv) If the base allocation of cap-subject nonimmigrant visa 
petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year 
is reached during the 185-day period ending on the 275th day on which 
petitions may be filed for such fiscal year, an additional 5,000 such 
visas shall be made available beginning on the date on which such 
allocation is reached.
    ``(v) If the number of cap-subject nonimmigrant visa petitions 
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at 
least 5,000 fewer than the base allocation, but is not more than 9,999 
fewer than the base allocation, the allocation adjustment for the 
following fiscal year shall be -5,000.
    ``(vi) If the number of cap-subject nonimmigrant visa petitions 
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at 
least 10,000 fewer than the base allocation, but not more than 14,999 
fewer than the base allocation, the allocation adjustment for the 
following fiscal year shall be -10,000.
    ``(vii) If the number of cap-subject nonimmigrant visa petitions 
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at 
least 15,000 fewer than the base allocation, but not more than 19,999 
fewer than the base allocation, the allocation adjustment for the 
following fiscal year shall be -15,000.
    ``(viii) If the number of cap-subject nonimmigrant visa petitions 
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at 
least 20,000 fewer than the base allocation, the allocation adjustment 
for the following fiscal year shall be -20,000.''.
    (b) Reporting Requirement.--The Secretary of Homeland Security 
shall--
            (1) timely upload to a public website data that summarizes 
        the adjudication of nonimmigrant petitions under section 
        101(a)(15)(H)(b) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(H)(b)) during each fiscal year; and
            (2) allow the timely adjustment of visa allocations under 
        section 214(g)(9)(B) of such Act, as added by subsection (a).

SEC. 102. EMPLOYMENT AUTHORIZATION FOR DEPENDENTS OF H-1B 
              NONIMMIGRANTS.

    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (2), by amending subparagraph (E) to read 
        as follows:
            ``(E) The Secretary of Homeland Security shall--
                    ``(i) authorize an alien spouse admitted under 
                subparagraph (H)(i)(b) or (L) of section 101(a)(15) who 
                is accompanying or following to join the principal 
                alien to engage in employment in the United States; and
                    ``(ii) provide the spouse with an `employment 
                authorized' endorsement or other appropriate work 
                permit.''.

SEC. 103. ELIMINATING IMPEDIMENTS TO WORKER MOBILITY.

    (a) Deference to Prior Approvals.--Section 214(c) of the 
Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding 
at the end the following:
    ``(9) The Secretary of Homeland Security may not deny a petition to 
extend the status of a nonimmigrant admitted under subparagraph 
(H)(i)(b) or (L) of section 101(a)(15) in which the petition involves 
the same alien and petitioner unless the Secretary determines that--
    ``(A) there was a material error with regard to the previous 
petition approval;
    ``(B) a substantial change in circumstances has taken place that 
renders the nonimmigrant ineligible for such status under this Act; or
    ``(C) new material information has been discovered that adversely 
impacts the eligibility of the employer or the nonimmigrant.''.
    (b) Effect of Employment Termination.--Section 214(n) of the 
Immigration and Nationality Act (8 U.S.C. 1184(n)) is amended by adding 
at the end the following:
    ``(3) A nonimmigrant admitted under section 101(a)(15)(H)(i)(b) 
whose employment relationship terminates before the expiration of the 
nonimmigrant's period of authorized admission shall be deemed to have 
retained such legal status throughout the entire 60-day period 
beginning on the date such employment is terminated if an employer 
files a petition to extend, change, or adjust the status of the 
nonimmigrant at any point during such period.''.
    (c) Visa Revalidation.--Section 222(c) of the Immigration and 
Nationality Act (8 U.S.C. 1202(c)) is amended by inserting ``The 
Secretary of State shall authorize an alien admitted under subparagraph 
(E), (H), (L), (O), or (P) of section 101(a)(15) to renew his or her 
nonimmigrant visa in the United States if the alien has remained 
eligible for such status.''.

                        TITLE II--STUDENT VISAS

SEC. 201. AUTHORIZATION OF DUAL INTENT.

    (a) Definition.--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 
``which he has no intention of abandoning''.
    (b) Presumption of Status; Intention To Abandon Foreign 
Residence.--Section 214 of the Immigration and Nationality Act (8 
U.S.C. 1184) is amended--
            (1) in subsection (b), by striking ``(L) or (V)'' and 
        inserting ``(F), (L), or (V)''; and
            (2) in subsection (h), by striking ``(H)(i)(b) or (c)'' and 
        inserting ``(F), (H)(i)(b), (H)(i)(c)''.

              TITLE III--EMPLOYMENT-BASED IMMIGRANT VISAS

SEC. 301. ELIMINATION OF PER-COUNTRY NUMERICAL LIMITATIONS.

    (a) In General.--Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) is amended to read as follows:
            ``(2) Per country levels for family-sponsored immigrants.--
        Subject to paragraphs (3) and (4), the total number of 
        immigrant visas made available to natives of any single foreign 
        state or dependent area under section 203(a) in any fiscal year 
        may not exceed 15 percent (in the case of a single foreign 
        state) or 2 percent (in the case of a dependent area) of the 
        total number of such visas made available under such section in 
        that fiscal year.''.
    (b) Conforming Amendments.--Section 202 of the Immigration and 
Nationality Act (8 U.S.C. 1152) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``both 
                subsections (a) and (b) of section 203'' and inserting 
                ``section 203(a)''; and
                    (B) by striking paragraph (5); and
            (2) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If the total number 
of immigrant visas made available under section 203(a) to natives of 
any single foreign state or dependent area will exceed the numerical 
limitation specified in subsection (a)(2) in any fiscal year, the 
number of visas for natives of that state or area shall be allocated 
under section 203(a) so that, except as provided in subsection (a)(4), 
the proportion of the visa numbers made available under each of 
paragraphs (1) through (4) of section 203(a) is equal to the ratio of 
the total number of visas made available under the respective paragraph 
to the total number of visas made available under section 203(a).''.
    (c) Country-Specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
            (1) in subsection (a), by striking ``subsection (e))'' and 
        inserting ``subsection (d))''; and
            (2) by striking subsection (d) and redesignating subsection 
        (e) as subsection (d).
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2013, and shall apply to fiscal years beginning 
with fiscal year 2014.

SEC. 302. RECAPTURING LOST EMPLOYMENT-BASED IMMIGRANT VISAS.

    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; and
                    ``(B) the number computed under paragraph (2).
            ``(2) Unused visas.--The number computed under this 
        paragraph is the difference, if any, between--
                    ``(A) the sum of the worldwide levels established 
                under paragraph (1) for fiscal years 1992 through the 
                current fiscal year; and
                    ``(B) the number of visas actually issued under 
                section 203(b), subject to this subsection, during such 
                fiscal years.''.

SEC. 303. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATION.

    (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 are the spouse or a child of an 
                alien admitted as an employment-based immigrant under 
                section 203(b).
                    ``(G) Aliens who have earned a master's or higher 
                degree in a field listed on the STEM Designated Degree 
                Program List published by the Department of Homeland 
                Security on the Student and Exchange Visitor Program 
                website from an institution of higher education (as 
                defined in section 101(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1001(a))).
                    ``(H) Aliens for whom a petition for an employment-
                based immigrant visa under paragraph (A) or (B) of 
                section 203(b)(1) has been approved.''.
    (b) Conforming Amendments.--Section 203(b) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)) is amended--
            (1) in paragraph (1), by striking ``28.6 percent'' and 
        inserting ``12 percent'';
            (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
        inserting ``36.9 percent''; and
            (3) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``28.6 
                percent'' and inserting ``36.9 percent'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B).

                    TITLE IV--STEM EDUCATION FUNDING

SEC. 401. FUNDING FOR STEM EDUCATION AND TRAINING.

    (a) Nonimmigrant Fee Adjustment and Allocation.--Section 214(c)(9) 
of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)) is 
amended--
            (1) by amending subparagraph (B) to read as follows:
    ``(B) The amount of the fee imposed under this paragraph shall be--
            ``(i) $1,250 for each such petition filed by an employer 
        with not more than 25 full-time equivalent employees who are 
        employed in the United States (determined by including any 
        affiliate or subsidiary of such employer); and
            ``(ii) $2,500 for each such petition filed by an employer 
        with more than 25 such employees.''; and
            (2) by amending subparagraph (C) to read as follows:
    ``(C) Fees collected under this paragraph shall be distributed as 
follows:
            ``(i) Of the amounts collected pursuant to subparagraph 
        (B)(i)--
                    ``(I) $750 shall be deposited in the Treasury in 
                accordance with section 286(s); and
                    ``(II) $500 shall be deposited in the Treasury in 
                accordance with section 286(w).
            ``(ii) Of the amounts collected pursuant to subparagraph 
        (B)(ii)--
                    ``(I) $1,500 shall be deposited in the Treasury in 
                accordance with section 286(s); and
                    ``(II) $1,000 shall be deposited in the Treasury in 
                accordance with section 286(w).''.
    (b) Conforming Amendment.--Section 286(s)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1356(s)(1)) is amended by striking the last 
sentence and inserting ``There shall be deposited as offsetting 
receipts into the account a portion of the fees collected under 
paragraphs (9) and (11) of section 214(c).''.
    (c) Immigrant Fee.--Section 203(b) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)) is amended by adding at the end the 
following:
            ``(7) Funding for stem education and training.--The 
        Secretary of Homeland Security shall impose a fee of $1,000 on 
        each I-140 immigrant visa petition filed under this subsection. 
        Amounts collected under this paragraph shall be deposited into 
        the Treasury in accordance with section 286(w).''.

SEC. 402. PROMOTING AMERICAN INGENUITY ACCOUNT.

    Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) 
is amended by adding at the end the following:
    ``(w) Promoting American Ingenuity Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Promoting American Ingenuity Account'. There shall be 
        deposited as offsetting receipts into the account fees 
        collected under section 203(b)(7) and a portion of the fees 
        collected under section 214(c)(9). Amounts deposited into the 
        account shall remain available to the Secretary of Education 
        until expended.
            ``(2) Purposes.--The purposes of the Promoting American 
        Ingenuity Account are to enhance the economic competitiveness 
        of the United States by--
                    ``(A) strengthening STEM education, including in 
                computer science, at all levels;
                    ``(B) ensuring that schools have access to well-
                trained and effective STEM teachers;
                    ``(C) supporting efforts to strengthen the 
                elementary and secondary curriculum, including efforts 
                to make courses in computer science more broadly 
                available; and
                    ``(D) helping colleges and universities produce 
                more graduates in fields needed by American employers.
            ``(3) Allocation of funds.--
                    ``(A) National activities.--The Secretary of 
                Education may reserve up to 5 percent of the amounts 
                deposited into the Promoting American Ingenuity Account 
                for national research, development, demonstration, 
                evaluation, and dissemination activities carried out 
                directly or through grants, contracts, or cooperative 
                agreements, including--
                            ``(i) activities undertaken jointly with 
                        other Federal agencies, such as STEM mission 
                        agencies; and
                            ``(ii) grants to non-profit organizations 
                        for nationally significant activities 
                        consistent with the purposes of the Immigration 
                        Innovation Act of 2013.
                    ``(B) Allocations to states.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Secretary of Education shall 
                        proportionately allocate the remaining amounts 
                        deposited into the account to the States each 
                        fiscal year in an amount that bears the same 
                        relationship to the remainder as the amount the 
                        State received under subpart 2 of part A of 
                        title I of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6331 et seq.) 
                        for the preceding fiscal year bears to the 
                        amount all States received under that subpart 
                        for the preceding fiscal year.
                            ``(ii) Minimum allocations.--No State shall 
                        receive less than an amount equal to 0.5 
                        percent of the total amount made available to 
                        all States from the Promoting American 
                        Ingenuity Account. If a State does not request 
                        an allocation from the Account for a fiscal 
                        year, the Secretary shall reallocate the 
                        State's allocation to the remaining States in 
                        accordance with this section.''.

SEC. 403. STEM EDUCATION GRANT APPLICATION PROCESS.

    (a) Application.--Each State desiring to receive an allocation from 
the Promoting American Ingenuity Account established under section 
286(w) of the Immigration and Nationality Act (8 U.S.C. 1356(w)) submit 
an application to the Secretary of Education that describes how the 
State plans to improve STEM education to meet the needs of employers in 
the State, at such time, in such form, and including such information 
as the Secretary may prescribe.
    (b) Approval.--The Secretary of Education shall approve any 
application submitted under subsection (a) that meets the requirements 
prescribed by the Secretary if the Secretary determines, after 
evaluating the recommendations of peer reviewers, that the State's plan 
for the use of funds would be successful in making progress toward 
meeting the purposes set forth in section 286(w)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1356(w)(2)).

SEC. 404. APPROVED ACTIVITIES.

    A State or other entity that receives funding from the Promoting 
American Ingenuity Account may use such funding--
            (1) to strengthen the State's academic achievement 
        standards in science, technology, engineering, and mathematics 
        (STEM);
            (2) to implement strategies for the recruitment, training, 
        placement, and retention of teachers in STEM fields, including 
        computer science;
            (3) to carry out initiatives designed to assist students in 
        succeeding and graduating from postsecondary STEM programs;
            (4) to improve the availability and access to STEM-related 
        worker training programs, including community college courses 
        and programs; and
            (5) for other activities approved by the Secretary of 
        Education to improve STEM education.

SEC. 405. NATIONAL EVALUATION.

    (a) In General.--Using amounts reserved under section 286(w)(3)(A) 
of the Immigration and Nationality Act, as added by section 402, the 
Secretary of Education shall conduct, directly or through a grant or 
contract, an annual evaluation of the implementation and impact of the 
activities funded by the Promoting American Ingenuity Account.
    (b) Annual Report.--The Secretary shall submit a report describing 
the results of each evaluation conducted under subsection (a) to--
            (1) the President;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on the Judiciary of the House of 
        Representatives;
            (4) the Committee on Health, Education, Labor, and Pensions 
        of the Senate; and
            (5) the Committee on Education and the Workforce of the 
        House of Representatives.
    (c) Dissemination.--The Secretary shall make the findings of the 
evaluation widely available to educators, the business community, and 
the public.

SEC. 406. RULE OF CONSTRUCTION.

    Nothing in this title may be construed to permit the Secretary of 
Education or any other Federal official to approve the content or 
academic achievement standards of a State.
                                 <all>