S.Amdt. 1325
What it does: Rewrites page 1629, line 7 through page 1714, line 19What it changes
1 change to S. 744
Rewrites page 1629, line 7 through page 1714, line 19
ReplacesPrinted pageRemoves page 1629, line 7 through page 1714, line 19 of the printed bill. See that page
Inserted: SEC. 4101. MARKET-BASED H-1B VISA LIMITS.
Inserted: (a) In General.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended--
Inserted: (1) in the matter preceding subparagraph (A), by striking "(beginning with fiscal year 1992)"; and
Inserted: (2) by amending subparagraph (A) to read as follows:
Inserted: "(A) under section 101(a)(15)(H)(i)(b) may not exceed--
Inserted: "(i) 65,000 in fiscal year 2013; and
Inserted: "(ii) 325,000 in each subsequent fiscal year; and";
Inserted: SEC. 4102. WORK AUTHORIZATION FOR DEPENDENT SPOUSES OF H-1B NONIMMIGRANTS.
Inserted: Section 214(n) (8 U.S.C. 1184(n)) is amended--
Inserted: (1) by amending the subsection heading to read as follows "Employment Authorization for H-1B Nonimmigrants and Their Spouses"; and
Inserted: (2) by adding at the end the following:
Inserted: "(3) The spouse of an alien provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept employment in the United States while his or her principal alien spouse lawfully maintains such status while in the United States.".
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Inserted: SEC. 4103. AUTHORIZATION OF DUAL INTENT.
Inserted: (a) Definition.--Section 101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking "which he has no intention of abandoning" and inserting "which, if the alien is not pursuing a course of study at an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), the alien has no intention of abandoning".
Inserted: (b) Presumption of Status; Intention To Abandon Foreign Residence.--Section 214 (8 U.S.C. 1184) is amended--
Inserted: (1) in subsection (b), by striking "(L) or (V)" and inserting "(F), (L), or (V)"; and
Inserted: (2) in subsection (h), by striking "(H)(i)(b) or (c)" and inserting "(F), (H)(i)(b), (H)(i)(c)".
Inserted: SEC. 4104. H-1B FEE INCREASE.
Inserted: (a) In General.--Section 214(c)(9) (8 U.S.C. 1184(c)(9)) is amended by striking subparagraphs (B) and (C) and inserting the following:
Inserted: "(B) The amount of the fee imposed under subparagraph (A) shall be--
Inserted: "(i) $2,500 for each such petition by an employer with more than 25 full-time equivalent employees who are employed in the United States, including any affiliate or subsidiary of such employer; or
Inserted: "(ii) $1,250 for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States , including any affiliate or subsidiary of such employer.
Inserted: "(C) Of the amounts collected under this paragraph--
Inserted: "(i) 60 percent shall be deposited in the H-1B Nonimmigrant Petitioner Account in accordance with section 286(s); and
Inserted: "(ii) 40 percent shall be deposited in the STEM Education and Training Account established under section 286(w).".
Inserted: (b) STEM Education and Training Account.--Section 286 (8 U.S.C. 1356) is amended by adding at the end the following:
Inserted: "(w) STEM Education and Training Account.--
Inserted: "(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the 'STEM Education and Training Account' (referred to in this subsection as the 'Account').
Inserted: "(2) Deposits.--There shall be deposited as offsetting receipts into the Account 40 percent of the fees collected under section 214(c)(9)(B).
Inserted: "(3) Use of funds.--Amounts deposited in the Account may be used to enhance the economic competitiveness of the United States by--
Inserted: "(A) establishing a block grant program for States to promote STEM education; and
Inserted: "(B) carrying out programs to bridge STEM education with employment, such as work-study program.".
Original wording
Beginning on page 1629, strike line 7 and all that follows through page 1714, line 19, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1325. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 1629, strike line 7 and all that follows through page 1714, line 19, and insert the following:
SEC. 4101. MARKET-BASED H-1B VISA LIMITS.
(a) In General.--Section 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking “(beginning with fiscal year 1992)”; and
(2) by amending subparagraph (A) to read as follows:
“(A) under section 101(a)(15)(H)(i)(b) may not exceed--
“(i) 65,000 in fiscal year 2013; and
“(ii) 325,000 in each subsequent fiscal year; and”;
SEC. 4102. WORK AUTHORIZATION FOR DEPENDENT SPOUSES OF H-1B NONIMMIGRANTS.
Section 214(n) (8 U.S.C. 1184(n)) is amended--
(1) by amending the subsection heading to read as follows “Employment Authorization for H-1B Nonimmigrants and Their Spouses”; and
(2) by adding at the end the following:
“(3) The spouse of an alien provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept employment in the United States while his or her principal alien spouse lawfully maintains such status while in the United States.”.
SEC. 4103. AUTHORIZATION OF DUAL INTENT.
(a) Definition.--Section 101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking “which he has no intention of abandoning” and inserting “which, if the alien is not pursuing a course of study at an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), the alien has no intention of abandoning”.
(b) Presumption of Status; Intention To Abandon Foreign Residence.--Section 214 (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)”.
SEC. 4104. H-1B FEE INCREASE.
(a) In General.--Section 214(c)(9) (8 U.S.C. 1184(c)(9)) is amended by striking subparagraphs (B) and (C) and inserting the following:
“(B) The amount of the fee imposed under subparagraph (A) shall be--
“(i) $2,500 for each such petition by an employer with more than 25 full-time equivalent employees who are employed in the United States, including any affiliate or subsidiary of such employer; or
“(ii) $1,250 for each such petition by any employer with not more than 25 full-time equivalent employees who are employed in the United States , including any affiliate or subsidiary of such employer.
“(C) Of the amounts collected under this paragraph--
“(i) 60 percent shall be deposited in the H-1B Nonimmigrant Petitioner Account in accordance with section 286(s); and
“(ii) 40 percent shall be deposited in the STEM Education and Training Account established under section 286(w).”.
(b) STEM Education and Training Account.--Section 286 (8 U.S.C. 1356) is amended by adding at the end the following:
“(w) STEM Education and Training Account.--
“(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the ‘STEM Education and Training Account' (referred to in this subsection as the ‘Account').
“(2) Deposits.--There shall be deposited as offsetting receipts into the Account 40 percent of the fees collected under section 214(c)(9)(B).
“(3) Use of funds.--Amounts deposited in the Account may be used to enhance the economic competitiveness of the United States by--
“(A) establishing a block grant program for States to promote STEM education; and
“(B) carrying out programs to bridge STEM education with employment, such as work-study program.”.
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Senate amendment submitted
June 18, 2013