S.Amdt. 1585

SA 1585. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) 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:

Strike subtitles A and B of title IV and insert the
following:

Subtitle A--Employment-based Nonimmigrant Visas

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.''.
______