[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2344 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2344

 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 25, 2018

 Mr. Hatch (for himself and Mr. Flake) 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 
2018''.

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.
Sec. 104. Definitions.
Sec. 105. Strengthening the prevailing wage system.
Sec. 106. Schedule A study.
               TITLE II--EMPLOYMENT-BASED IMMIGRANT VISAS

Sec. 201. Elimination of per-country numerical limitations.
Sec. 202. Ensuring the issuance of all preference employment-based 
                            immigrant visas.
Sec. 203. Aliens not subject to direct numerical limitation.
Sec. 204. Increased portability.
Sec. 205. Adjustment of status for employment-based immigrants.
Sec. 206. Employment-based conditional immigrants.
                        TITLE III--STUDENT VISAS

Sec. 301. Authorization of dual intent.
              TITLE IV--STEM EDUCATION AND WORKER TRAINING

Sec. 401. Funding for STEM education and worker training.
Sec. 402. Promoting American Ingenuity Account.
Sec. 403. National evaluation.
Sec. 404. Rule of construction.
      TITLE V--REFORMS AFFECTING IMMIGRANT AND NONIMMIGRANT VISAS

Sec. 501. Streamlining petitions for established employers and other 
                            requirements.

              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), by amending subparagraph (C) to read 
        as follows:
            ``(C) subject to paragraph (6)(B), has earned a master's or 
        higher degree from a United States institution of higher 
        education (as defined in section 101(a) of the Higher Education 
        Act of 1965 (20 U.S.C. 1001(a))).'';
            (3) in paragraph (6)--
                    (A) by inserting ``(A)'' before ``Any alien''; and
                    (B) by adding at the end the following:
            ``(B)(i) If the employer of an alien described in paragraph 
        (5)(C) certifies that the employer has filed or will file an 
        Immigrant Petition on behalf of the alien, the initial period 
        of validity of the nonimmigrant visa issued to the alien under 
        section 101(a)(15)(H)(i)(b) shall be 12 months. The period of 
        validity of such visa may be extended beyond such initial 
        period if the employer provides evidence to the Secretary that 
        the employer has filed, on the alien's behalf, a nonfrivolous 
        Application for Permanent Employment Certification or a 
        nonfrivolous Immigrant Petition and such application or 
        petition has not been denied in a final agency action.
            ``(ii) Not more than 20,000 of the aliens described in 
        paragraph (5)(C) who are not described in clause (i) may be 
        exempted from the numerical limitations under paragraph (1)(A) 
        during each fiscal year.'';
            (4) in paragraph (8), by striking subparagraphs (B)(iv) and 
        (D);
            (5) by redesignating paragraph (10) as subparagraph (D) of 
        paragraph (9), and adjusting the margin accordingly;
            (6) by redesignating paragraph (9) as paragraph (10); and
            (7) 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 85,000, 85,000; or
            ``(iii) if the number calculated under clause (i) is more 
        than 195,000, 195,000.
    ``(B)(i) If the number of cap-subject nonimmigrant visa petitions 
filed under section 101(a)(15)(H)(i)(b) during the first 45 days of the 
petition filing period for a fiscal year exceeds the base allocation 
for such fiscal year, an additional 30,000 such visas shall be made 
available beginning on the first day of such fiscal year.
    ``(ii) If the base allocation of cap-subject nonimmigrant visa 
petitions filed under section 101(a)(15)(H)(i)(b) for a fiscal year is 
reached during the period beginning on the 46th day of the petition 
filing period for the fiscal year and ending on the last day of the 
previous fiscal year, an additional 20,000 such visas shall be made 
available for the fiscal year beginning on the first day of such fiscal 
year.
    ``(iii) If the base allocation of cap-subject nonimmigrant visa 
petitions filed under section 101(a)(15)(H)(i)(b) for a fiscal year is 
reached during the first 60 days of the fiscal year, an additional 
10,000 such visas shall be made available beginning on December 1 of 
the fiscal year.
    ``(iv) If the base allocation of cap-subject nonimmigrant visa 
petitions filed under section 101(a)(15)(H)(i)(b) for a fiscal year is 
reached during the period beginning on the 61st day of the fiscal year 
and ending on the 120th day of the fiscal year, an additional 5,000 
such visas shall be made available beginning on February 1 of the 
fiscal year.
    ``(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 of such visas for the 
following fiscal year shall be reduced by 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 19,999 
fewer than the base allocation, the allocation of such visas for the 
following fiscal year shall be reduced by 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 20,000 fewer than the base allocation, but not more than 29,999 
fewer than the base allocation, the allocation of such visas for the 
following fiscal year shall be reduced by 20,000.
    ``(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 30,000 fewer than the base allocation, the allocation of such 
visas for the following fiscal year shall be reduced by 30,000.
    ``(C)(i) If the final receipt date for filing nonimmigrant visa 
petitions under section 101(a)(H)(i)(b) subject to the numerical 
limitations under paragraph (1)(A) in a fiscal year occurs on or before 
the 180th day of the fiscal year, the Secretary of Homeland Security 
shall announce the following fiscal year's base allocation for such 
nonimmigrant visas on or before April 1 of the fiscal year preceding 
the fiscal year for which such allocation applies.
    ``(ii) If the final receipt date for filing nonimmigrant visa 
petitions under section 101(a)(H)(i)(b) subject to the numerical 
limitations under paragraph (1)(A) in a fiscal year occurs after the 
180th day of the fiscal year, the Secretary of Homeland Security shall 
announce the following fiscal year's base allocation for such 
nonimmigrant visas not later than the first day of the fiscal year for 
which such allocation applies.''.
    (b) Prioritization of Petitions.--Section 214(g)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)(3)) is amended--
            (1) by striking the first sentence and inserting the 
        following: ``(A) Subject to subparagraphs (B) and (C), aliens 
        who are subject to the numerical limitations under paragraph 
        (1)(A) shall be issued visas, or otherwise provided 
        nonimmigrant status, in a manner and order established by the 
        Secretary by regulation.''; and
            (2) by adding at the end the following:
    ``(B) In any fiscal year in which the number of petitions filed for 
nonimmigrant status under section 101(a)(15)(H)(i)(b) during the first 
5 business days of the petition filing period exceeds the numerical 
limitation for that fiscal year, the Secretary shall consider petitions 
received during those 5 business days in the following order:
            ``(i) Petitions for aliens who have earned a master's or 
        higher degree 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))) in the United States and who are subject 
        to the numerical limitations under paragraph (1)(A).
            ``(ii) Petitions for aliens who have earned a doctoral 
        degree from an institution of higher education outside the 
        United States in a specialty related to the intended employment 
        if such degree is equivalent to a doctoral degree awarded by an 
        institution of higher education (as defined in section 101(a) 
        of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in the 
        United States.
            ``(iii) Petitions for aliens who have earned a bachelor's 
        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))) in the 
        United States.
            ``(iv) Other petitions.
    ``(C) The first sentence of subparagraph (A) shall not apply in any 
fiscal year in which the demand for nonimmigrant visas under section 
101(a)(15)(H)(i)(b) exceeds the numerical limitation under paragraph 
(1)(A) during the first 5 business days of the petition filing 
period.''.
    (c) Penalty.--
            (1) In general.--Section 214(g)(9) of the Immigration and 
        Nationality Act, as added by subsection (a)(7), is amended by 
        adding at the end the following:
    ``(D)(i) Subject to clause (ii), if 5 or more petitions for H-1B 
classification subject to the cap established under paragraph (1)(A) 
filed by an employer in a fiscal year are approved, the employer shall 
pay a penalty for each such approved petition subject to such cap for 
which the H-1B beneficiary works in the United States for less than 25 
percent of the first year of the beneficiary's approved work 
authorization period.
    ``(ii)(I) An employer shall not be subject to the penalties set 
forth in clause (i) if the employer withdraws the petition for an H-1B 
visa--
            ``(aa) as a result of an unexpected change in the need for 
        the alien worker;
            ``(bb) because the alien worker commences employment in the 
        United States for the employer under another lawful status; or
            ``(cc) because the alien worker quit or resigned the 
        worker's position with the employer.
    ``(II) An employer withdrawing a petition under subclause (I) shall 
file with the Secretary a description of the circumstances--
            ``(aa) resulting in the unexpected change in the need for 
        the alien worker;
            ``(bb) surrounding the alien worker's commencement of 
        employment in the United States for the employer under another 
        lawful status; or
            ``(cc) surrounding the alien worker's decision to quit or 
        resign the worker's position with the employer.
    ``(III) Any unused visas associated with petitions withdrawn under 
subclause (I) that were subject to the cap established under paragraph 
(1)(A) shall be reassigned to another H-1B petition filed by another 
employer either in the fiscal year in which the withdrawal was received 
or in the following fiscal year.
    ``(IV) Subclause (I) shall not apply to an employer in a fiscal 
year if--
            ``(aa)(AA) at least 20 and not more than 49 petitions filed 
        by the employer in a fiscal year for H-1B visa classification 
        subject to the cap established under paragraph (1)(A) are 
        approved; and
            ``(BB) the employer withdraws more than 25 percent of the 
        approved H-1B visa petitions subject to the numerical 
        limitation under paragraph (1)(A) that were received by the 
        employer in the fiscal year or the employer withdraws more than 
        10 percent of such petitions because the alien worker resigned 
        his or her employment with the employer before completing 3 
        months of employment; or
            ``(bb)(AA) more than 50 petitions filed by the employer in 
        a fiscal year for H-1B visa classification subject to the cap 
        established under paragraph (1)(A) are approved; and
            ``(BB) the employer withdraws more than 20 percent of the 
        approved H-1B visa petitions subject to the numerical 
        limitation under paragraph (1)(A) that were received by the 
        employer in the fiscal year or the employer withdraws more than 
        5 percent of such petitions because the alien worker resigned 
        his or her employment with the employer before completing 3 
        months of employment.
    ``(iii)(I) The penalty for a violation of clause (i) shall be--
            ``(aa) $10,000 for each petition described in such clause 
        during the first fiscal year of noncompliance; and
            ``(bb) $25,000 for each such petition after the first 
        fiscal year of noncompliance.
    ``(II) An employer subject to a penalty under clause (i) in any 3 
fiscal years shall be barred from filing any petitions for H-1B visas 
subject to the numerical limitation under paragraph (1)(A) for the 
fiscal year immediately following the third year of noncompliance.
    ``(iv) Each employer that has 5 or more approved petitions for H-1B 
classification subject to the cap established under paragraph (1)(A) 
shall submit an annual report to the Secretary of Homeland Security 
that identifies--
            ``(I) the date on which each such H-1B nonimmigrant 
        approved during the most recent fiscal year began working for 
        the employer in the United States; and
            ``(II) the total period of employment in the first year of 
        available work authorization for each such H-1B nonimmigrant 
        during the most recent fiscal year.
    ``(v) Penalties assessed under this subparagraph shall be deposited 
into the Promoting American Ingenuity Account established under section 
286(w).''.
            (2) Effective date.--Section 214(g)(9)(C) of the 
        Immigration and Nationality Act, as added by paragraph (1), 
        shall take effect on the date that is 1 year after the date of 
        the enactment of this Act.
    (d) 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)(i)(b) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(H)(i)(b)) during each fiscal year;
            (2) allow the timely adjustment of visa allocations under 
        section 214(g)(9)(B) of such Act, as added by subsection 
        (a)(7); and
            (3) identify the number of previously approved visas that 
        were the subject of withdrawn petitions under section 
        214(g)(9)(C)(ii) of such Act and are available for reassignment 
        to another employer.
    (e) Prohibited Labor Practice.--Section 212(n)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``stating the following'' and inserting ``containing the 
        statements described in subparagraphs (A) through (G)''; and
            (2) in the undesignated matter following subparagraph 
        (G)(ii)--
                    (A) by striking ``The employer shall make'' and 
                inserting the following:
            ``(H) The employer shall make''; and
                    (B) by adding at the end the following:
            ``(I)(i) An employer may not hire an H-1B nonimmigrant for 
        the purpose and intent of replacing a United States worker with 
        the H-1B nonimmigrant (other than through the United States 
        worker's promotion, voluntary transfer, voluntary departure, or 
        voluntary retirement). In an enforcement action for a violation 
        of this clause, the agency initiating the enforcement action 
        shall bear the burden of proving that the employer acted with 
        the purpose and intent to replace the United States worker with 
        the H-1B nonimmigrant.
            ``(ii) No employer, having the purpose and intent of 
        replacing a current employee with an H-1B nonimmigrant (other 
        than through the current employee's promotion, voluntary 
        transfer, voluntary departure, or voluntary retirement), may 
        condition the employee's pay, bonus, or severance, or any other 
        form of compensation, or the employee's performance review, on 
        the employee's willingness to train the H-1B nonimmigrant to 
        perform the employee's responsibilities. In an enforcement 
        action for a violation of this clause, the agency initiating 
        the enforcement action shall bear the burden of proving that 
        the employer had the purpose and intent to replace the current 
        employee with the H-1B nonimmigrant.''.
    (f) Funding.--Section 212(n) of the Immigration and Nationality Act 
(8 U.S.C. 1182(n)) is amended by adding at the end the following:
    ``(6) The enforcement of this subsection may be carried out using 
funds deposited into the Fraud Prevention and Detection Account under 
section 286(v).''.

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 adding at the end the following:
    ``(G)(i) If the principal alien has a pending or approved 
Application for Permanent Employment Certification or a pending or 
approved Immigrant Petition, the Secretary of Homeland Security shall--
            ``(I) authorize the alien spouse of such principal alien 
        admitted under section 101(a)(15)(H)(i)(b) 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.
    ``(ii) The employer of an alien spouse described in clause (i)(I) 
shall attest to the Secretary of Homeland Security that the employer is 
offering and will offer to the alien spouse, during the period of 
authorized employment, not less than the greater of--
            ``(I) the actual wage level paid by the employer for the 
        specific employment in question to all other individuals with 
        similar experiences and qualifications; or
            ``(II) the prevailing wage level for the occupational 
        classification in the area of employment, reflecting the 
        education, experience, and level of supervision required for 
        the job to be performed by the alien spouse, based on the best 
        information available at the time the alien spouse is hired.''.

SEC. 103. ELIMINATING IMPEDIMENTS TO WORKER MOBILITY.

    (a) Effect of New Job Site.--Section 214(c)(10) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)(10)) is amended to read as 
follows:
    ``(10) An amended H-1B petition shall not be required if--
            ``(A) the petitioning employer is involved in a corporate 
        restructuring, including a merger, acquisition, or 
        consolidation;
            ``(B) a new corporate entity succeeds to the interests and 
        obligations of the original petitioning employer and the terms 
        and conditions of employment remain the same except for the 
        identity of the petitioner; or
            ``(C) the nonimmigrant worker begins working at a new place 
        of employment for which the petitioner has secured a valid, 
        certified Labor Condition Application before the nonimmigrant 
        worker began working at such place of employment.''.
    (b) Deference to Prior Approvals.--Section 214(c) of such Act, as 
amended by subsection (a) and section 102, is further amended by adding 
at the end the following:
    ``(15) If the Secretary of Homeland Security or the Secretary of 
State approves a visa, petition, or application for admission on behalf 
of an alien described in subparagraph (H)(i)(b) or (L) of section 
101(a)(15), the Secretary of Homeland Security or the Secretary of 
State may not deny a subsequent petition, visa, or application for 
admission involving the same employer and alien unless the applicant is 
provided with a written finding that explains the basis for the 
Government's determination that--
            ``(A) there was a material error with regard to the 
        approval of the previous petition, visa, or application for 
        admission;
            ``(B) a substantial change in circumstances has taken place 
        since the prior approval or admission 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.''.
    (c) Effect of Ending Employment Relationship.--Section 214(n) of 
such 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 ends (either voluntarily or 
involuntarily) before the expiration of the nonimmigrant's period of 
authorized admission shall be deemed to have retained such legal status 
throughout the 60-day period beginning on such employment ending date 
if an employer files a petition to extend, change, or adjust the status 
of the nonimmigrant during such period.''.

SEC. 104. DEFINITIONS.

    (a) Intending Immigrant.--Section 101(a) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the 
following:
    ``(53)(A) The term `intending immigrant' means, with respect to the 
number of aliens employed by an employer, an alien who intends to work 
and reside permanently in the United States, as evidenced by--
            ``(i) a pending or approved application for a labor 
        certification filed for such alien by a covered employer; or
            ``(ii) a pending or approved immigrant status petition 
        filed for such alien by a covered employer.
    ``(B) In this paragraph:
            ``(i) The term `covered employer' means an employer that 
        has filed immigrant status petitions for not fewer than 90 
        percent of current employees who were the beneficiaries of 
        applications for labor certification that were approved during 
        the 1-year period ending 6 months before the filing of an 
        application or petition for which the number of intending 
        immigrants is relevant.
            ``(ii) The term `immigrant status petition' means a 
        petition filed under paragraph (1), (2), or (3) of section 
        203(b).
            ``(iii) The term `labor certification' means an employment 
        certification under section 212(a)(5)(A).
    ``(C) Notwithstanding any other provision of law--
            ``(i) for all calculations of the number of aliens admitted 
        pursuant to subparagraph (H)(i)(b) or (L) of paragraph (15), 
        including calculations for the purposes set forth in section 
        203(i), an intending immigrant shall be counted as an alien 
        lawfully admitted for permanent residence and shall not be 
        counted as an employee admitted pursuant to such a 
        subparagraph; and
            ``(ii) for all determinations of the number of employees or 
        United States workers employed by an employer, all of the 
        employees in any group treated as a single employer under 
        subsection (b), (c), (m), or (o) of section 414 of the Internal 
        Revenue Code of 1986 shall be counted.
    ``(54) The term `STEM' means the academic and professional 
disciplines of science (excluding social sciences), technology, 
engineering, and mathematics.''.
    (b) H-1B Dependent Employers; Exempt H-1B Nonimmigrants.--Section 
212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (E)--
                            (i) in clause (i), by striking ``(as 
                        defined in paragraph (4))''; and
                            (ii) by striking clause (ii) and inserting 
                        the following:
            ``(ii) Except as provided in clause (iii), an application 
        described in this clause is an application filed by--
                    ``(I) an H-1B-dependent employer; or
                    ``(II) an employer that has been found under 
                paragraph (2)(C) or (5) to have committed a willful 
                failure or misrepresentation during the 5-year period 
                preceding the filing of the application.
            ``(iii)(I) Except as provided in subclause (II), an 
        application is not described in clause (ii) if the only H-1B 
        nonimmigrants sought in the application are exempt H-1B 
        nonimmigrants.
            ``(II) Subclause (I) shall not apply if the employer has 
        more than 50 employees and more than 50 percent of the 
        employer's employees are H-1B nonimmigrants.'';
            (2) in paragraph (2)(F)--
                    (A) by inserting ``(i)'' before ``Subject''; and
                    (B) by adding at the end the following:
    ``(ii) The Director of U.S. Citizenship and Immigration Services 
shall provide the Secretary of Labor with any information contained in 
the materials submitted by employers of H-1B nonimmigrants as part of 
the petition adjudication process that indicates that the employer is 
not complying with visa program requirements for H-1B nonimmigrants. 
The Secretary may initiate and conduct an investigation and hearing 
under this paragraph after receiving information of noncompliance under 
this subparagraph.''; and
            (3) in paragraph (3)--
                    (A) by amending subparagraph (A) to read as 
                follows:
    ``(A)(i) For purposes of this subsection, the term `H-1B-dependent 
employer' means an employer that--
            ``(I) in the case of an employer that has 25 or fewer full-
        time equivalent employees who are employed in the United 
        States, employs more than 7 H-1B nonimmigrants;
            ``(II) in the case of an employer that has at least 26 but 
        not more than 50 full-time equivalent employees who are 
        employed in the United States, employs more than 12 H-1B 
        nonimmigrants; or
            ``(III) in the case of an employer that has at least 51 
        full-time equivalent employees who are employed in the United 
        States, employs H-1B nonimmigrants in a number that is equal to 
        at least 15 percent of the number of such full-time equivalent 
        employees.
    ``(ii) In determining the number of employees who are H-1B 
nonimmigrants under subparagraph (A), an intending immigrant employee 
shall not count toward such number.''; and
                    (B) in subparagraph (B)--
                            (i) by amending clause (i) to read as 
                        follows:
            ``(i) the term `exempt H-1B nonimmigrant' means an H-1B 
        nonimmigrant who--
                    ``(I) receives wages (including cash bonuses) at an 
                annual rate equal to not less than the higher of--
                            ``(aa) 105 percent of the occupational mean 
                        wage, as determined based on Bureau of Labor 
                        Statistics data for the geographic area of 
                        employment; or
                            ``(bb) $100,000 (or the adjusted amount 
                        under clause (iii), if applicable); or
                    ``(II) has attained a doctoral degree 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))) in the United States in a specialty related 
                to the intended employment;'';
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(iii) the amount under clause (i)(I)(bb) shall be 
        increased, for the third fiscal year beginning after the date 
        of the enactment of this clause and for every third fiscal year 
        thereafter, by the percentage (if any) by which the Consumer 
        Price Index for the month of June preceding the date on which 
        such increase takes effect exceeds the Consumer Price Index for 
        the same month of the third preceding calendar year.''.

SEC. 105. STRENGTHENING THE PREVAILING WAGE SYSTEM.

    Section 212(p) of the Immigration and Nationality Act (8 U.S.C. 
1182(p)) is amended--
            (1) in paragraph (4), by adding at the end the following: 
        ``With regard to the prevailing wage required to be paid under 
        subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) 
        (as added by section 402(b)(2) of Public Law 108-77), the first 
        level of wages shall be not less than the mean of the lowest 50 
        percent of the wages surveyed.''; and
            (2) by adding at the end the following:
    ``(5) An employer may use an independent survey approved by the 
Secretary of Labor for purposes of this section. The Secretary shall 
approve such a survey if--
            ``(A) the survey was published during the most recent 2-
        year period;
            ``(B) the survey has not been duplicated since its initial 
        publication;
            ``(C) the data upon which the survey is based was collected 
        during the 2-year period ending on the date on which the survey 
        was published;
            ``(D) the survey reflects the area of intended employment;
            ``(E) the employer's job description adequately matches the 
        job description in the survey;
            ``(F) the survey is across industries that employ workers 
        in the occupation;
            ``(G) the wage determination is based on the arithmetic 
        mean (weighted average); and
            ``(H) the survey identifies a statistically valid 
        methodology that was used to collect the data.''.

SEC. 106. SCHEDULE A STUDY.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Labor, in cooperation with the Office of Foreign Labor 
Certification, shall--
            (1) submit to the Committee on the Judiciary of the Senate 
        and the Committee on the Judiciary of the House of 
        Representatives the results of a study to determine whether the 
        occupations listed in Schedule A (20 C.F.R. 656.5) should be 
        modified or expanded; and
            (2) if the study determines that Schedule A should be 
        modified or expanded, publish a notice of proposed rulemaking 
        in the Federal Register.

               TITLE II--EMPLOYMENT-BASED IMMIGRANT VISAS

SEC. 201. 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 such 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 as if enacted on October 1, 2017, and shall apply to fiscal 
years beginning with fiscal year 2018.

SEC. 202. ENSURING THE ISSUANCE OF ALL PREFERENCE EMPLOYMENT-BASED 
              IMMIGRANT VISAS.

    (a) Backlog Reduction.--
            (1) In general.--Notwithstanding any other provision of 
        law, beginning in fiscal year 2018, the number of employment-
        based immigrant visas that shall be issued under paragraph (1), 
        (2), or (3) of section 203(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)) shall be increased by the 
        number computed under paragraph (2).
            (2) Number available.--
                    (A) In general.--The number computed under this 
                paragraph is--
                            (i) the greater of--
                                    (I) the number of preference 
                                immigrant visas computed under section 
                                201(d)(1) of the Immigration and 
                                Nationality Act (8 U.S.C. 1151(d)(1)) 
                                for fiscal years 1992 to 2013 that were 
                                not issued to any preference immigrant 
                                for any of those fiscal years; or
                                    (II) 200,000; minus
                            (ii) the number described in subparagraph 
                        (B).
                    (B) Reduction.--The number described in 
                subparagraph (A)(i) shall be reduced, for each fiscal 
                year after fiscal year 2017, by the cumulative number 
                of immigrant visas issued for previous fiscal years 
                pursuant to the increase authorized under paragraph 
                (1).
                    (C) Construction.--
                            (i) In general.--Nothing in this paragraph 
                        may be construed as affecting the application 
                        of section 201(c)(3)(C) of the Immigration and 
                        Nationality Act (8 U.S.C. 1151(c)(3)(C)) with 
                        regard to immigrant visas other than the visas 
                        authorized by the increase computed under 
                        subparagraph (A).
                            (ii) Limitation.--The visas authorized by 
                        the increase computed under subparagraph (A) 
                        may only be issued to aliens seeking immigrant 
                        visas pursuant to paragraph (1), (2), or (3) of 
                        section 203(b) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)).
    (b) Preference Immigration as Directed by Congress.--Section 
201(c)(1)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1151(c)(1)(B)(ii)) is amended to read as follows:
    ``(ii) The number computed under subparagraph (A) shall not be less 
than the sum of--
            ``(I) 226,000; plus
            ``(II) the number computed under paragraph (3).''.
    (c) Ensuring Full Implementation.--Section 203(g) of the 
Immigration and Nationality Act (8 U.S.C. 1153(g)) is amended by 
striking ``(g) Lists.--For purposes of carrying out'' and inserting the 
following:
    ``(g) Administration.--
            ``(1) Obligation to issue all authorized visas.--
                    ``(A) In general.--The Secretary of State, in 
                coordination with the Secretary of Homeland Security, 
                shall administer this section in a manner that ensures 
                that all immigrant visas authorized by Congress to be 
                issued under this section are issued to qualified 
                applicants.
                    ``(B) Notice.--Not later than June 1 of each fiscal 
                year, the Secretary of State shall publish a notice in 
                the Federal Register that describes the steps that the 
                Government is taking to comply with subparagraph (A).
            ``(2) Lists.--In order to carry out''.
    (d) Facilitating Issuance of Visas.--Section 245(a) of the 
Immigration and Nationality Act (8 U.S.C. 1255(a)) is amended by adding 
at the end the following:
``For purposes of paragraph (3), an immigrant visa is deemed to be 
immediately available if any visa number allocated under this Act to 
preference immigrants described in section 203(b) has not yet been 
issued for that fiscal year.''.

SEC. 203. 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 subsection (b) 
        or (i) of section 203.
            ``(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))) in the United 
        States.
            ``(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), in the matter preceding subparagraph 
        (A), 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), by striking ``28.6 percent'' and 
        inserting ``36.9 percent''.

SEC. 204. INCREASED PORTABILITY.

    Section 204(j) of the Immigration and Nationality Act (8 U.S.C. 
1154(j)) is amended to read as follows:
    ``(j) Job Flexibility for Long Delayed Applicants for Adjustment of 
Status to Permanent Residence.--A petition filed under subsection 
(a)(1)(F) for an individual who has filed an application for adjustment 
of status pursuant to section 245 or has been granted conditional 
permanent resident status pursuant to section 216B and has had 3 annual 
reviews of such status approved, shall remain valid with respect to a 
new job if the individual changes jobs or employers if the new job is 
in the same or a similar occupational classification as the job for 
which the petition was filed.''.

SEC. 205. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED IMMIGRANTS.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended--
            (1) in subsection (c)--
                    (A) by striking ``to (1) an alien'' and inserting 
                the following: ``to--
            ``(1) an alien'';
                    (B) by striking ``(2) subject'' and inserting the 
                following:
            ``(2) subject'';
                    (C) by striking ``(3) any alien'' and inserting the 
                following:
            ``(3) any alien'';
                    (D) by striking ``(4) an alien'' and inserting the 
                following:
            ``(4) an alien'';
                    (E) by striking ``(5) an alien'' and inserting the 
                following:
            ``(5) an alien'';
                    (F) by striking ``section 101(a)(15)(S), (6) an 
                alien'' and inserting the following: ``section 
                101(a)(15)(S);
            ``(6) an alien'';
                    (G) by striking ``(7) any alien'' and inserting the 
                following:
            ``(7) any alien'';
                    (H) in paragraph (7), by inserting ``or 203(i)'' 
                after ``203(b)''; and
                    (I) by striking ``status; or (8) any alien'' and 
                inserting the following: ``status; or
            ``(8) any alien''; and
            (2) by adding at the end the following:
    ``(n) Adjustment of Status for Employment-Based Immigrants.--
            ``(1) Petition.--Any alien, and any eligible dependent of 
        such alien, who has an approved petition for immigrant status, 
        may file an application with the Secretary of Homeland Security 
        for adjustment of status regardless of whether an immigrant 
        visa is immediately available at the time the application is 
        filed.
            ``(2) Supplemental fee.--If a visa is not immediately 
        available at the time an application is filed under paragraph 
        (1), the beneficiary of such application shall pay a 
        supplemental fee of $500, which shall be deposited into the 
        Promoting American Ingenuity Account established under section 
        286(w). This fee shall not be collected from any dependent 
        accompanying or following to join such beneficiary.
            ``(3) Availability.--An application filed under this 
        subsection may not be approved until the date on which an 
        immigrant visa becomes available.''.

SEC. 206. EMPLOYMENT-BASED CONDITIONAL IMMIGRANTS.

    (a) Worldwide Level.--Section 201(a) of the Immigration and 
Nationality Act (8 U.S.C. 1151) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) for fiscal year 2019 and each subsequent fiscal year, 
        conditional employment-based immigrants described in section 
        203(i) in a number not to exceed 35,000 for any fiscal year.''.
    (b) Requirements.--Section 203 of the Immigration and Nationality 
Act (8 U.S.C. 1153) is amended--
            (1) in subsection (d), by striking ``or (c)'' and inserting 
        ``(c), or (i)'';
            (2) in subsection (e)--
                    (A) by redesignating paragraph (3) as paragraph 
                (4); and
                    (B) by inserting after paragraph (2) the following:
    ``(3) Immigrant visa numbers made available under subsection (i) 
shall be issued to eligible immigrants in a manner and order 
established by the Secretary of Homeland Security, by regulations, in 
accordance with the requirements under such subsection.'';
            (3) in subsection (f)--
                    (A) by striking ``his'' and inserting ``the 
                alien's'';
                    (B) by striking ``or (c) of this section'' and 
                inserting ``(c), or (i)''; and
                    (C) by striking ``he'' and inserting ``the consular 
                officer'';
            (4) in subsection (g)(2), as amended by section 202(c), by 
        striking ``and (c)'' and inserting ``(c), and (i)''; and
            (5) by adding at the end the following:
    ``(i) Conditional Employment-Based Immigrants.--
            ``(1) Authorization.--Conditional employment-based 
        immigrant visas shall be made available in a number not to 
        exceed 35,000 for each fiscal year, to any eligible alien 
        (including any nonimmigrant lawfully residing in the United 
        States) who--
                    ``(A) has earned a university degree;
                    ``(B) has received an offer of employment from a 
                United States employer that has complied with the 
                requirements under section 204(a)(1)(M); and
                    ``(C) will satisfy the requirements for immigrant 
                classification under paragraph (1), (2), or (3) of 
                subsection (b).
            ``(2) Departure not required.--The Secretary of Homeland 
        Security may not require a nonimmigrant who is lawfully 
        residing in the United States to leave the United States in 
        order to obtain a conditional employment-based immigrant visa 
        under paragraph (1).''.
    (c) Petitioning Procedure.--
            (1) In general.--Section 204(a)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
                    (A) in subparagraph (F), by striking ``section 
                203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3)'' 
                and inserting ``paragraph (1)(B), (1)(C), (2), or (3) 
                of section 203(b) or section 203(i)'';
                    (B) by moving subparagraph (L) 4 ems to the left; 
                and
                    (C) by adding at the end the following:
    ``(M) Each employer petitioning for a conditional employment-based 
immigrant visa on behalf of an alien under this subsection, or seeking 
to hire a conditional employment-based immigrant who was previously 
admitted--
            ``(i) shall file a petition with the Secretary of Homeland 
        Security attesting that--
                    ``(I) the alien will be paid not less than a 
                similarly situated United States worker;
                    ``(II) no United States worker has been or will be 
                displaced by the alien;
                    ``(III) the employer has undertaken recruitment 
                efforts to hire United States workers, in the alien's 
                same occupation or a similar occupation, who possess a 
                bachelor's degree or higher, including at least 3 types 
                of targeted recruiting efforts, such as job fairs, on-
                campus recruiting, or job postings that attract 
                applicants; and
                    ``(IV) the employer is in compliance with the 
                requirements under clauses (ii) through (vii);
            ``(ii) shall be prepared to document all recruitment 
        efforts attested to under clause (i)(III), if audited by the 
        Secretary;
            ``(iii) shall fully participate in the E-Verify Program 
        established under section 403(a) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
        note);
            ``(iv) shall pay, for each petition filed under clause (i), 
        a $10,000 fee, which shall be deposited into the Promoting 
        American Ingenuity Account established under section 286(w);
            ``(v) shall pay an administrative fee in an amount that is 
        sufficient to cover the average paperwork processing and other 
        administrative costs of an alien participating in the program 
        established under this subsection;
            ``(vi) may not be an H-1B-dependent employer (as defined in 
        section 212(n)(3)(A)); and
            ``(vii) may not be debarred from any existing immigration 
        program.''.
            (2) Adjudication of petitions.--The Secretary of Homeland 
        Security shall adjudicate all petitions filed under section 
        204(a)(1)(M)(i) of the Immigration and Nationality Act, as 
        added by paragraph (1), not later than 60 days after receiving 
        such petitions.
    (d) Labor Certification Based on Prior Competitive Recruitment.--
            (1) In general.--Section 212(a)(5)(A)(ii) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)(ii)) is 
        amended--
                    (A) in the clause heading, by inserting ``for 
                special recruitment and documentation procedures'' 
                after ``rule'';
                    (B) in subclause (I), by striking ``, or'' and 
                inserting a semicolon;
                    (C) in subclause (II), by striking the period at 
                the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                                    ``(III) is a conditional permanent 
                                resident under section 216B and 
                                receives wages (including cash bonuses) 
                                at an annual rate equal to not less 
                                than $100,000.''.
            (2) Inflation adjustment.--The amount specified in section 
        212(a)(5)(A)(ii)(III) of the Immigration and Nationality Act, 
        as added by paragraph (1), shall be increased, on the first day 
        of the third fiscal year beginning after the date of the 
        enactment of this Act, and on the first day of every third 
        fiscal year thereafter, by the percentage (if any) by which the 
        Consumer Price Index for the month of June preceding the date 
        on which such increase takes effect exceeds the Consumer Price 
        Index for the same month of the third preceding calendar year.
    (e) Conditional Permanent Residency.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        inserting after section 216A the following:

``SEC. 216B. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN HIGHLY 
              SKILLED PROFESSIONALS, SPOUSES, AND CHILDREN.

    ``(a) In General.--
            ``(1) Conditional basis for status.--Notwithstanding any 
        other provision of this Act, a conditional employment-based 
        immigrant (as described in section 203(i)), and the alien 
        spouse and alien children of such immigrant, shall each be 
        provided the status of an alien lawfully admitted for permanent 
        residence, and shall be considered to have obtained such status 
        on a conditional basis subject to the provisions of this 
        section.
            ``(2) Notice of requirements.--At the time a conditional 
        employment-based immigrant, or the alien spouse or child of 
        such immigrant, obtains permanent resident status on a 
        conditional basis, the Secretary of Homeland Security shall 
        notify such immigrant, spouse, or child of--
                    ``(A) the provisions of this section;
                    ``(B) the requirements for maintaining such 
                conditional permanent resident status; and
                    ``(C) the requirements to have the conditional 
                basis of such status removed.
    ``(b) Annual Review.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        annually review the status of each alien receiving conditional 
        permanent resident status under subsection (a) and shall 
        require from the alien proof or evidence of--
                    ``(A) ongoing employment in the occupation for 
                which the alien was granted a conditional employment-
                based visa by an employer that has complied with the 
                requirements under section 204(a)(1)(M);
                    ``(B) the payment of all applicable income and 
                Social Security taxes;
                    ``(C) at the first annual review--
                            ``(i) a filing with the Department of Labor 
                        on the alien's behalf of an Application for 
                        Permanent Employment Certification, if such 
                        certification is required for the alien to 
                        satisfy the requirements for immigrant 
                        classification under paragraph (1), (2), or (3) 
                        of section 203(b); or
                            ``(ii) a filing with the Department of 
                        Homeland Security on the alien's behalf of an 
                        Immigrant Petition for Alien Worker, if such 
                        certification is not required for the alien to 
                        satisfy the requirements for immigrant 
                        classification under paragraph (1), (2), or (3) 
                        of section 203(b);
                    ``(D) at the second annual review, a filing with 
                the Department of Homeland Security on the alien's 
                behalf of an Immigrant Petition for Alien Worker, 
                unless a pending Application for Permanent Employment 
                Certification prevents the filing of an Immigrant 
                Petition for Alien Worker on the alien's behalf; and
                    ``(E) at the third and subsequent annual reviews, 
                an approval from the Department of Homeland Security of 
                an Immigrant Petition for Alien Worker filed on the 
                alien's behalf.
            ``(2) Effect of denial.--A filing with the Department of 
        Labor on the alien's behalf of an Application for Permanent 
        Employment Certification or a filing with the Department of 
        Homeland Security on the alien's behalf of an Immigrant 
        Petition for Alien Worker shall not qualify as proof or 
        evidence under paragraph (1) if--
                    ``(A) the Application for Permanent Employment 
                Certification or the Immigrant Petition for Alien 
                Worker has been denied by a final agency action; or
                    ``(B) an approved Immigrant Petition for Alien 
                Worker filed on the alien's behalf was revoked for 
                cause under section 205.
    ``(c) Transfers.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        alien receiving conditional permanent resident status under 
        subsection (a) may begin employment with a new employer without 
        affecting his or her status if the new employer complies with 
        the requirements set forth in section 204(a)(1)(M).
            ``(2) Fee.--Notwithstanding section 204(a)(1)(M), the fee 
        payable by the new employer for each alien shall be--
                    ``(A) $10,000 if the new employer hires the alien 
                during the 1-year period beginning on the date on which 
                the alien obtained conditional permanent resident 
                status under subsection (a);
                    ``(B) $5,000 if the new employer hires the alien 
                during the 1-year period beginning at the end of the 
                period described in subparagraph (A);
                    ``(C) $2,500 if the new employer hires the alien 
                during the 1-year period beginning at the end of the 
                period described in subparagraph (B); and
                    ``(D) zero if the new employer hires the alien 
                after the end of the period described in subparagraph 
                (C).
    ``(d) Termination.--The Secretary of Homeland Security shall 
terminate the conditional permanent resident status of an alien who 
received such status under subsection (a) if--
            ``(1) the alien--
                    ``(A) fails to submit the required proof or 
                evidence at the annual review in accordance with 
                subsection (b); or
                    ``(B) submits proof or evidence at such a review 
                that fails to satisfy the requirements under subsection 
                (b);
            ``(2) the alien has been unemployed or employed other than 
        in the occupation for which the alien was granted a conditional 
        employment-based immigrant visa for a cumulative total of 180 
        days while holding conditional permanent resident status under 
        subsection (a);
            ``(3) the alien is employed by an employer that is not in 
        compliance with the requirements under section 204(a)(1)(M);
            ``(4) the alien does not apply to remove the conditions 
        attached to his or her permanent resident status within 1 year 
        after an immigrant visa would be available for such alien under 
        paragraph (1), (2), or (3) of section 203(b) based on the 
        alien's preference category and country of chargeability if the 
        alien did not have conditional permanent resident status; or
            ``(5) an application submitted by the alien to remove the 
        conditions attached to his or her permanent resident status is 
        denied in a final agency action.
    ``(e) Removal of Conditions.--Any alien receiving conditional 
permanent resident status under subsection (a) may file an application 
to have the conditions removed on or after the date on which an 
immigrant visa would be available for such alien under paragraph (1), 
(2), or (3) of section 203(b) based on the alien's preference category 
and country of chargeability if the alien did not have conditional 
permanent resident status. Such application shall include the same 
proof or evidence that would be required for an annual review under 
subsection (b) if such review occurred on the date on which the 
application was filed.''.
            (2) Clerical amendment.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 note) is amended 
        by inserting after the item relating to section 216A the 
        following:

``Sec. 216B. Conditional permanent resident status for certain highly 
                            skilled professionals, spouses, and 
                            children.''.

                        TITLE III--STUDENT VISAS

SEC. 301. 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 such 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 IV--STEM EDUCATION AND WORKER TRAINING

SEC. 401. FUNDING FOR STEM EDUCATION AND WORKER 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) in subparagraph (A), by striking ``before''; and
            (2) by striking subparagraphs (B) and (C) and inserting the 
        following:
    ``(B) Except as provided in subparagraph (C), the amount of the fee 
imposed under this paragraph shall be--
            ``(i) $2,000 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) $4,000 for each such petition filed by an employer 
        with more than 25 such employees.
    ``(C)(i) The amounts set forth in subparagraph (B)(i) shall be 
increased--
            ``(I) to $2,500 for each fiscal year in which the base 
        allocation of H-1B visas under section 214(g)(9)(A) is between 
        85,001 and 115,000, inclusive;
            ``(II) to $3,000 for each fiscal year in which the base 
        allocation of H-1B visas under section 214(g)(9)(A) is between 
        115,001 and 145,000, inclusive;
            ``(III) to $3,500 for each fiscal year in which the base 
        allocation of H-1B visas under section 214(g)(9)(A) is between 
        145,001 and 194,999, inclusive; and
            ``(IV) to $4,000 for each fiscal year in which the base 
        allocation of H-1B visas under section 214(g)(9)(A) is 195,000.
    ``(ii) The amounts set forth in subparagraph (B)(ii) shall be 
increased--
            ``(I) to $5,000 for each fiscal year in which the base 
        allocation of H-1B visas under section 214(g)(9)(A) is between 
        85,001 and 115,000, inclusive;
            ``(II) to $6,000 for each fiscal year in which the base 
        allocation of H-1B visas under section 214(g)(9)(A) is between 
        115,001 and 145,000, inclusive;
            ``(III) to $7,000 for each fiscal year in which the base 
        allocation of H-1B visas under section 214(g)(9)(A) is between 
        145,001 and 194,999, inclusive; and
            ``(IV) to $8,000 for each fiscal year in which the base 
        allocation of H-1B visas under section 214(g)(9)(A) is 195,000.
    ``(D) Fees collected under this paragraph shall be distributed as 
follows:
            ``(i) From the fees collected for each petition pursuant to 
        subparagraph (B)(i)--
                    ``(I) $750 shall be deposited in the Treasury in 
                accordance with section 286(s); and
                    ``(II) the remaining amount shall be deposited in 
                the Treasury in accordance with section 286(w).
            ``(ii) From the fees collected for each petition pursuant 
        to subparagraph (B)(ii)--
                    ``(I) $1,500 shall be deposited in the Treasury in 
                accordance with section 286(s); and
                    ``(II) the remaining amount 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).''.

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 a portion of 
        the fees and penalties 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 academic achievement standards 
                in science, technology, engineering, and mathematics 
                (STEM), including computer science, at all levels;
                    ``(B) ensuring that schools have access to well-
                trained and effective STEM teachers through improved 
                strategies for the recruitment, training, placement, 
                and retention of teachers in STEM fields, including 
                computer science;
                    ``(C) supporting efforts to strengthen the 
                elementary and secondary STEM curriculum, including 
                efforts to make courses in computer science more 
                broadly available;
                    ``(D) helping colleges and universities produce 
                more graduates in fields needed by American employers, 
                including assistance for students in postsecondary STEM 
                programs;
                    ``(E) improving availability of and access to STEM-
                related worker training programs, including community 
                college-based courses and programs;
                    ``(F) providing employment-based STEM education and 
                training programs, including apprenticeship programs; 
                and
                    ``(G) carrying out other activities approved by the 
                Secretary of Education to improve STEM education and 
                training.
            ``(3) Allocation of funds.--
                    ``(A) National activities.--The Secretary of 
                Education may reserve up to 2 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 nonprofit organizations 
                        for nationally significant activities 
                        consistent with the purposes of the Immigration 
                        Innovation Act of 2018.
                    ``(B) American dream accounts.--
                            ``(i) Grants authorized.--The Secretary of 
                        Education shall allocate 5 percent of the 
                        amounts deposited into the Promoting American 
                        Ingenuity Account to award grants, on a 
                        competitive basis, to eligible entities to 
                        enable such entities to establish and 
                        administer American Dream Accounts.
                            ``(ii) Purpose of accounts.--American Dream 
                        Accounts shall be personal, online accounts for 
                        low-income students, who are, at the time of 
                        application, attending a grade not higher than 
                        ninth grade, that include a college savings 
                        account, monitor progress toward higher 
                        education, and provide opportunities, including 
                        mentoring--
                                    ``(I) to gain financial literacy 
                                skills;
                                    ``(II) to learn about preparing for 
                                enrollment in an institution of higher 
                                education; and
                                    ``(III) to identify career 
                                interests.
                            ``(iii) Priority.--The Secretary shall give 
                        priority to applicants that demonstrate one or 
                        more of the following:
                                    ``(I) An intention to focus on STEM 
                                education and careers.
                                    ``(II) The ability to serve a large 
                                number of low-income students.
                                    ``(III) In the case of eligible 
                                entities described in subclause (I) or 
                                (II) of clause (iv), the provision of 
                                opportunities for students to 
                                participate in a dual or concurrent 
                                enrollment program or early college 
                                high school program at no cost to the 
                                student or to the student's family.
                            ``(iv) Eligible entities.--An eligible 
                        entity may be a partnership of two or more of 
                        the following entities:
                                    ``(I) A State educational agency.
                                    ``(II) A local educational agency, 
                                including a charter school that 
                                operates as its own educational agency.
                                    ``(III) A charter management 
                                organization or charter school 
                                authorizer.
                                    ``(IV) An institution of higher 
                                education or a Tribal college or 
                                university.
                                    ``(V) A nonprofit organization.
                                    ``(VI) An organization with 
                                demonstrated experience in educational 
                                savings or in preparing low-income 
                                students for higher education.
                            ``(v) Reports and evaluations.--Not later 
                        than 1 year after the date on which the 
                        Secretary of Education disburses grants under 
                        this Act, and annually thereafter until each 
                        grant disbursed under this Act has ended, the 
                        Secretary shall prepare and submit a report to 
                        the appropriate committees of Congress, which 
                        shall include an evaluation of the 
                        effectiveness of the grant program established 
                        under this Act, including in building financial 
                        capability.
                            ``(vi) Eligibility to receive federal 
                        student financial aid.--Notwithstanding any 
                        other provision of law, any funds that are in 
                        the college savings account portion of a 
                        student's American Dream Account--
                                    ``(I) shall not affect such 
                                student's eligibility to receive 
                                Federal student financial aid, 
                                including any Federal student financial 
                                aid under the Higher Education Act of 
                                1965 (20 U.S.C. 1001 et seq.); and
                                    ``(II) shall not be considered in 
                                determining the amount of any such 
                                Federal student aid.
                            ``(vii) Rulemaking.--The Secretary of 
                        Education shall promulgate regulations, through 
                        notice and comment rulemaking in compliance 
                        with section 553 of title 5, United States 
                        Code, to implement the American Dream Account 
                        competitive grant program authorized under this 
                        subparagraph. The Secretary shall issue a 
                        notice of proposed rulemaking in the Federal 
                        Register not later than 1 year after the date 
                        of the enactment of this subsection.
                    ``(C) Allocations to states.--
                            ``(i) In general.--Subject to clause (iii), 
                        the Secretary of Education, after making the 
                        allocations under subparagraphs (A) and (B), 
                        shall proportionately allocate the remaining 
                        amount deposited into the Promoting American 
                        Ingenuity Account in each fiscal year to each 
                        State that submits an application under 
                        subparagraph (D) in an amount that bears the 
                        same relationship to such remaining amount 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) Authorized use of state 
                        allocations.--Of the amount each State receives 
                        under clause (i) in each fiscal year, the State 
                        shall allocate--
                                    ``(I) 50 percent for the activities 
                                described in subparagraphs (A), (B), 
                                (C), (D), and (G) of paragraph (2); and
                                    ``(II) 50 percent for the 
                                activities described in subparagraphs 
                                (E), (F), and (G) of paragraph (2).
                            ``(iii) Minimum allocations.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), no State 
                                shall receive less than 0.5 percent of 
                                the total amount made available to all 
                                States under this subparagraph from the 
                                Promoting American Ingenuity Account.
                                    ``(II) Reallocation.--If a State 
                                does not submit an application in 
                                accordance with subparagraph (D) in a 
                                fiscal year, the Secretary of Education 
                                shall reallocate the State's allocation 
                                to the remaining States in accordance 
                                with this subsection.
                    ``(D) STEM education grant application process.--
                            ``(i) Application.--Each State desiring to 
                        receive an allocation from the Promoting 
                        American Ingenuity Account shall submit an 
                        application to the Secretary of Education at 
                        such time, in such form, and including such 
                        information as the Secretary may prescribe. The 
                        application shall describe how the State plans 
                        to improve STEM education and training to meet 
                        the needs of employers in the State, in 
                        accordance with paragraph (2).
                            ``(ii) Approval.--The Secretary of 
                        Education shall approve any application 
                        submitted under clause (i) 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 paragraph (2).
            ``(4) Federal funds to supplement, not supplant, non-
        federal funds.--
                    ``(A) In general.--A State educational agency or 
                local educational agency shall use Federal funds 
                received under this subsection only to supplement the 
                funds that would, in the absence of such Federal funds, 
                be made available from State and local sources for the 
                education of students participating in programs 
                assisted under this part, and not to supplant such 
                funds.
                    ``(B) Compliance.--To demonstrate compliance with 
                this paragraph, a local educational agency shall 
                demonstrate that the methodology used to allocate State 
                and local funds to each school receiving assistance 
                under this part ensures that such school receives all 
                of the State and local funds it would otherwise receive 
                if it were not receiving assistance under this 
                subsection.
                    ``(C) Rule of construction.--Nothing in this 
                subsection may be construed to authorize or permit the 
                Secretary of Education to prescribe the specific 
                methodology a local education agency uses to allocate 
                State and local funds to each school receiving 
                assistance under this subsection.''.

SEC. 403. 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. 404. 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.

      TITLE V--REFORMS AFFECTING IMMIGRANT AND NONIMMIGRANT VISAS

SEC. 501. STREAMLINING PETITIONS FOR ESTABLISHED EMPLOYERS AND OTHER 
              REQUIREMENTS.

    (a) In General.--Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)), as amended by titles I and IV, is further 
amended by adding at the end the following:
    ``(16) The Secretary of Homeland Security shall establish a pre-
certification procedure for employers who file multiple petitions under 
this subsection or section 204(a)(1)(F) that enables an employer--
            ``(A) to avoid repeatedly submitting documentation that is 
        common to multiple petitions; and
            ``(B) to establish, through a single filing, criteria 
        relating to the employer and the offered employment 
        opportunity.
    ``(17) The Secretary of Homeland Security shall promulgate 
regulations that allow a petitioner to opt to electronically sign, 
file, and store any report, form, or supporting document required to be 
submitted to U.S. Citizenship and Immigration Services.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
to petitions filed under section 204(a)(1)(F) or 214(c) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F) and 1184(c)) 
beginning 180 days after such date.
                                 <all>