[Congressional Record Volume 153, Number 64 (Friday, April 20, 2007)]
[Senate]
[Pages S4817-S4819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 902. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 761, to invest in innovation and education to 
improve the competitiveness of the United States in the global economy; 
which was ordered to lie on the table; as follows:

       At the end of division A, add the following new title:

                       TITLE VI--SKIL ACT OF 2007

     SEC. 1601 SHORT TITLE.

       This title may be cited as the ``Securing Knowledge, 
     Innovation, and Leadership Act of 2007'' or the ``SKIL Act of 
     2007''.

           Subtitle A--Access to High Skilled Foreign Workers

     SEC. 1611. H-1B VISA HOLDERS.

       (a) In General.--Section 214(g)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
       (1) in subparagraph (B)--
       (A) by striking ``nonprofit research'' and inserting 
     ``nonprofit'';
       (B) by inserting ``Federal, State, or local'' before 
     ``governmental''; and
       (C) by striking ``or'' at the end;
       (2) in subparagraph (C)--
       (A) by striking ``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))),'' and inserting 
     ``an institution of higher education in a foreign country,''; 
     and
       (B) by striking the period at the end and inserting a 
     semicolon;
       (3) by adding at the end, the following new subparagraphs:
       ``(D) 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))); or
       ``(E) has been awarded medical specialty certification 
     based on post-doctoral training and experience in the United 
     States.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to any petition or visa application pending on 
     the date of enactment of this Act and any petition or visa 
     application filed on or after such date.

     SEC. 1612. MARKET-BASED VISA LIMITS.

       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) in subparagraph (A)--
       (i) in clause (vi) by striking ``and'';
       (ii) in clause (vii), by striking ``each succeeding fiscal 
     year; or'' and inserting ``each of fiscal years 2004, 2005, 
     2006, and 2007;''; and
       (iii) by adding after clause (vii) the following:
       ``(viii) 115,000 in the first fiscal year beginning after 
     the date of the enactment of the Securing Knowledge, 
     Innovation, and Leadership Act of 2007; and
       ``(ix) the number calculated under paragraph (9) in each 
     fiscal year after the fiscal year described in clause (viii); 
     or'';
       (2) in paragraph (5), as amended by section 101(a), in the 
     matter preceding subparagraph (A), by inserting 
     ``101(a)(15)(H)(i)(b1) or section'' after ``under section'';
       (3) in paragraph (8), by striking subparagraphs (B)(iv) and 
     (D);
       (4) by redesignating paragraphs (9), (10), and (11) as 
     paragraphs (10), (11), and (12), respectively; and
       (5) by inserting after paragraph (8) the following:
       ``(9) If the numerical limitation in paragraph (1)(A)--
       ``(A) is reached during the previous fiscal year, the 
     numerical limitation under paragraph (1)(A)(ix) for the 
     subsequent fiscal year shall be equal to 120 percent of the 
     numerical limitation of the previous fiscal year; or
       ``(B) is not reached during the previous fiscal year, the 
     numerical limitation under paragraph (1)(A)(ix) for the 
     subsequent fiscal year shall be equal to the numerical 
     limitation of the previous fiscal year.''.

  Subtitle B--Retaining Foreign Workers Educated in the United States

     SEC. 1621. UNITED STATES EDUCATED IMMIGRANTS.

       (a) In General.--Section 201(b)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at 
     the end the following:
       ``(F) Aliens who have earned a master's or higher degree 
     from an accredited United States university.
       ``(G) Aliens who have been awarded medical specialty 
     certification based on post-doctoral training and experience 
     in the United States preceding their application for an 
     immigrant visa under section 203(b).
       ``(H) Aliens who will perform labor in shortage occupations 
     designated by the Secretary of Labor for blanket 
     certification under section 212(a)(5)(A) as lacking 
     sufficient United States workers able, willing, qualified, 
     and available for such occupations and for which the 
     employment of aliens will not adversely affect the terms and 
     conditions of similarly employed United States workers.

[[Page S4818]]

       ``(I) Aliens who have earned a master's degree or higher in 
     science, technology, engineering, or math and have been 
     working in a related field in the United States in a 
     nonimmigrant status during the 3-year period preceding their 
     application for an immigrant visa under section 203(b).
       ``(J) Aliens described in subparagraph (A) or (B) of 
     section 203(b)(1) or who have received a national interest 
     waiver under section 203(b)(2)(B).
       ``(K) The spouse and minor children of an alien who is 
     admitted as an employment-based immigrant under section 
     203(b).''.
       (b) Labor Certifications.--Section 212(a)(5)(A)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)(ii)) 
     is amended--
       (1) in subclause (I), by striking ``or'' at the end;
       (2) in subclause (II), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:

       ``(III) is a member of the professions and has a master's 
     degree or higher from an accredited United States university 
     or has been awarded medical specialty certification based on 
     post-doctoral training and experience in the United 
     States.''.

     SEC. 1622. IMMIGRANT VISA BACKLOG REDUCTION.

       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.--The 
     worldwide level of employment-based immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 290,000;
       ``(2) the difference between--
       ``(A) the maximum number of visas authorized to be issued 
     under this subsection during the previous fiscal year; and
       ``(B) the number of such visas issued during the previous 
     fiscal year; and
       ``(3) the difference between--
       ``(A) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     and the number of visa numbers issued under this subsection 
     during such fiscal years; and
       ``(B) the number of visas calculated under subparagraph (A) 
     that were issued after fiscal year 2005.''.

     SEC. 1623. STUDENT VISA REFORM.

       (a) In General.--Section 101(a)(15)(F) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended to 
     read as follows:
       ``(F) an alien--
       ``(i) who--
       ``(I) is a bona fide student qualified to pursue a full 
     course of study in mathematics, engineering, technology, or 
     the sciences leading to a bachelors or graduate degree and 
     who seeks to enter the United States for the purpose of 
     pursuing such a course of study consistent with section 
     214(m) at an institution of higher education (as defined by 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))) in the United States, particularly designated by 
     the alien and approved by the Secretary of Homeland Security, 
     after consultation with the Secretary of Education, which 
     institution or place of study shall have agreed to report to 
     the Secretary of Homeland Security the termination of 
     attendance of each nonimmigrant student, and if any such 
     institution of learning or place of study fails to make 
     reports promptly the approval shall be withdrawn; or
       ``(II) is engaged in temporary employment for optional 
     practical training related to such alien's area of study 
     following completion of the course of study described in 
     subclause (I) for a period or periods of not more than 24 
     months;
       ``(ii) who--
       ``(I) has a residence in a foreign country which the alien 
     has no intention of abandoning, who is a bona fide student 
     qualified to pursue a full course of study, and who seeks to 
     enter the United States temporarily and solely for the 
     purpose of pursuing such a course of study consistent with 
     section 214(m) at an established college, university, 
     seminary, conservatory, academic high school, elementary 
     school, or other academic institution or in a language 
     training program in the United States, particularly 
     designated by the alien and approved by the Secretary of 
     Homeland Security, after consultation with the Secretary of 
     Education, which institution or place of study shall have 
     agreed to report to the Secretary of Homeland Security the 
     termination of attendance of each nonimmigrant student, and 
     if any such institution of learning or place of study fails 
     to make reports promptly the approval shall be withdrawn; or
       ``(II) is engaged in temporary employment for optional 
     practical training related to such alien's area of study 
     following completion of the course of study described in 
     subclause (I) for a period or periods of not more than 24 
     months;
       ``(iii) who is the spouse or minor child of an alien 
     described in clause (i) or (ii) if accompanying or following 
     to join such an alien; or
       ``(iv) who--
       ``(I) is a national of Canada or Mexico, who maintains 
     actual residence and place of abode in the country of 
     nationality, who is described in clause (i) or (ii) except 
     that the alien's qualifications for and actual course of 
     study may be full or part-time, and who commutes to the 
     United States institution or place of study from Canada or 
     Mexico; or
       ``(II) is engaged in temporary employment for optional 
     practical training related to such alien's area of study 
     following completion of the course of study described in 
     subclause (I) for a period or periods of not more than 24 
     months;''.
       (b) Admission.--Section 214(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(b)) is amended by inserting 
     ``(F)(i),'' before ``(L) or (V)''.
       (c) Conforming Amendment.--Section 214(m)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(m)(1)) is 
     amended, in the matter preceding subparagraph (A), by 
     striking ``(i) or (iii)'' and inserting ``(i), (ii), or 
     (iv)''.

     SEC. 1624. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.

       Section 214(c)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)(2)) is amended by adding at the end the 
     following new subparagraph:
       ``(G) The limitations contained in subparagraph (D) with 
     respect to the duration of authorized stay shall not apply to 
     any nonimmigrant alien previously issued a visa or otherwise 
     provided nonimmigrant status under section 101(a)(15)(L) on 
     whose behalf a petition under section 204(b) to accord the 
     alien immigrant status under section 203(b), or an 
     application for labor certification (if such certification is 
     required for the alien to obtain status under such section 
     203(b)) has been filed, if 365 days or more have elapsed 
     since such filing. The Secretary of Homeland Security shall 
     extend the stay of an alien who qualifies for an exemption 
     under this subparagraph until such time as a final decision 
     is made on the alien's lawful permanent residence.''.

     SEC. 1625. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

       (a) Adjustment of Status.--
       (1) In general.--Section 245(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(a)) is amended to read as 
     follows:
       ``(a) Eligibility.--
       ``(1) In general.--The status of an alien who was inspected 
     and admitted or paroled into the United States or the status 
     of any other alien having an approved petition for 
     classification under subparagraph (A)(iii), (A)(iv), (B)(ii), 
     or (B)(iii) of section 204(a)(1) may be adjusted by the 
     Secretary of Homeland Security or the Attorney General, in 
     the discretion of the Secretary or the Attorney General under 
     such regulations as the Secretary or Attorney General may 
     prescribe, to that of an alien lawfully admitted for 
     permanent residence if--
       ``(A) the alien makes an application for such adjustment;
       ``(B) the alien is eligible to receive an immigrant visa 
     and is admissible to the United States for permanent 
     residence; and
       ``(C) an immigrant visa is immediately available to the 
     alien at the time the application is filed.
       ``(2) Supplemental fee.--An application under paragraph (1) 
     that is based on a petition approved or approvable under 
     subparagraph (E) or (F) of section 204(a)(1) may be filed 
     without regard to the limitation set forth in paragraph 
     (1)(C) if a supplemental fee of $500 is paid by the principal 
     alien at the time the application is filed. A supplemental 
     fee may not be required for any dependent alien accompanying 
     or following to join the principal alien.
       ``(3) Visa availability.--An application for adjustment 
     filed under this paragraph may not be approved until such 
     time as an immigrant visa become available.''.
       (b) Use of Fees.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) 
     is amended by inserting before the period at the end ``and 
     the fees collected under section 245(a)(2).''.

      Subtitle C--Business Facilitation Through Immigration Reform

     SEC. 1631. STREAMLINING THE ADJUDICATION PROCESS FOR 
                   ESTABLISHED EMPLOYERS.

       Section 214(c) of the Immigration and Nationality Act (8. 
     U.S.C. 1184) is amended by adding at the end the following 
     new paragraph:
       ``(15) Not later than 180 days after the date of the 
     enactment of the Securing Knowledge, Innovation, and 
     Leadership Act of 2007, the Secretary of Homeland Security 
     shall establish a pre-certification procedure for employers 
     who file multiple petitions described in this subsection or 
     section 203(b). Such precertification procedure shall enable 
     an employer to avoid repeatedly submitting documentation that 
     is common to multiple petitions and establish through a 
     single filing criteria relating to the employer and the 
     offered employment opportunity.''.

     SEC. 1632. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED 
                   VISA PETITIONS.

       (a) In General.--Pursuant to section 286(u) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(u)), the 
     Secretary of Homeland Security shall establish and collect a 
     fee for premium processing of employment-based immigrant 
     petitions.
       (b) Appeals.--Pursuant to such section 286(u), the 
     Secretary of Homeland Security shall establish and collect a 
     fee for premium processing of an administrative appeal of any 
     decision on a permanent employment-based immigrant petition.

     SEC. 1633. ELIMINATING PROCEDURAL DELAYS IN LABOR 
                   CERTIFICATION PROCESS.

       (a) Prevailing Wage Rate.--
       (1) Requirement to provide.--The Secretary of Labor shall 
     provide prevailing wage determinations to employers seeking a 
     labor

[[Page S4819]]

     certification for aliens pursuant to part 656 of title 20, 
     Code of Federal Regulation (or any successor regulation). The 
     Secretary may not delegate this function to any agency of a 
     State.
       (2) Schedule for determination.--Except as provided in 
     paragraph (3), the Secretary of Labor shall provide a 
     response to an employer's request for a prevailing wage 
     determination in no more than 20 calendar days from the date 
     of receipt of such request. If the Secretary fails to reply 
     during such 20-day period, then the wage proposed by the 
     employer shall be the valid prevailing wage rate.
       (3) Use of surveys.--The Secretary of Labor shall accept an 
     alternative wage survey provided by the employer unless the 
     Secretary determines that the wage component of the 
     Occupational Employment Statistics Survey is more accurate 
     for the occupation in the labor market area.
       (b) Placement of Job Order.--The Secretary of Labor shall 
     maintain a website with links to the official website of each 
     workforce agency of a State, and such official website shall 
     contain instructions on the filing of a job order in order to 
     satisfy the job order requirements of section 656.17(e)(1) of 
     title 20, Code of Federal Regulation (or any successor 
     regulation).
       (c) Technical Corrections.--The Secretary of Labor shall 
     establish a process by which employers seeking certification 
     under section 212(a)(5) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(5)), as amended by section 1621(b), may 
     make technical corrections to applications in order to avoid 
     requiring employers to conduct additional recruitment to 
     correct an initial technical error. A technical error shall 
     include any error that would not have a material effect on 
     the validity of the employer's recruitment of able, willing, 
     and qualified United States workers.
       (d) Administrative Appeals.--Motions to reconsider, and 
     administrative appeals of, a denial of a permanent labor 
     certification application, shall be decided by the Secretary 
     of Labor not later than 60 days after the date of the filing 
     of such motion or such appeal.
       (e) Applications Under Previous System.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Labor shall process and issue decisions on all 
     applications for permanent alien labor certification that 
     were filed prior to March 28, 2005.
       (f) Effective Date.--The provisions of this section shall 
     take effect 90 days after the date of enactment of this Act, 
     regardless of whether the Secretary of Labor has amended the 
     regulations at part 656 of title 20, Code of Federal 
     Regulation to implement such changes.

                       Subtitle D--Miscellaneous

     SEC. 1641. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

       Section 103 of the Immigration and Nationality Act (8 
     U.S.C. 1103) is amended by adding at the end the following 
     new subsection:
       ``(i) Requirement for Background Checks.--Notwithstanding 
     any other provision of law, until appropriate background and 
     security checks, as determined by the Secretary of Homeland 
     Security, have been completed, and the information provided 
     to and assessed by the official with jurisdiction to grant or 
     issue the benefit or documentation, on an in camera basis as 
     may be necessary with respect to classified, law enforcement, 
     or other information that cannot be disclosed publicly, the 
     Secretary of Homeland Security, the Attorney General, or any 
     court may not--
       ``(1) grant or order the grant of adjustment of status of 
     an alien to that of an alien lawfully admitted for permanent 
     residence;
       ``(2) grant or order the grant of any other status, relief, 
     protection from removal, or other benefit under the 
     immigration laws; or
       ``(3) issue any documentation evidencing or related to such 
     grant by the Secretary, the Attorney General, or any court.
       ``(j) Requirement to Resolve Fraud Allegations.--
     Notwithstanding any other provision of law, until any 
     suspected or alleged fraud relating to the granting of any 
     status (including the granting of adjustment of status), 
     relief, protection from removal, or other benefit under this 
     Act has been investigated and resolved, the Secretary of 
     Homeland Security and the Attorney General may not be 
     required to--
       ``(1) grant or order the grant of adjustment of status of 
     an alien to that of an alien lawfully admitted for permanent 
     residence;
       ``(2) grant or order the grant of any other status, relief, 
     protection from removal, or other benefit under the 
     immigration laws; or
       ``(3) issue any documentation evidencing or related to such 
     grant by the Secretary, the Attorney General, or any court.
       ``(k) Prohibition of Judicial Enforcement.--Notwithstanding 
     any other provision of law, no court may require any act 
     described in subsection (i) or (j) to be completed by a 
     certain time or award any relief for the failure to complete 
     such acts.''.

     SEC. 1642. VISA REVALIDATION.

       (a) In General.--Section 222 of the Immigration and 
     Nationality Act (8 U.S.C. 1202) is amended by adding at the 
     end the following:
       ``(i) Visa Revalidation.--The Secretary of State shall 
     permit an alien granted a nonimmigrant visa under 
     subparagraph E, H, I, L, O, or P of section 101(a)(15) to 
     apply for a renewal of such visa within the United States 
     if--
       ``(1) such visa expired during the 12-month period ending 
     on the date of such application;
       ``(2) the alien is seeking a nonimmigrant visa under the 
     same subparagraph under which the alien had previously 
     received a visa; and
       ``(3) the alien has complied with the immigration laws and 
     regulations of the United States.''.
       (b) Conforming Amendment.--Section 222(h) of such Act is 
     amended, in the matter preceding subparagraph (1), by 
     inserting ``and except as provided under subsection (i),'' 
     after ``Act''.

     SEC. 1643. SEVERABILITY.

       If any provision of this title, any amendment by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be invalid for any 
     reason, the remainder of this title, the amendments made by 
     this title, and the applications of such to any other person 
     or circumstance shall not be affected by such holding.

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