S.Amdt. 1586

SA 1586. 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 sections 2303 through 2307 and insert the following:

SEC. 2303. ELIMINATION OF ARBITRARY LIMITATION OF FOREIGN
NATIONALITIES.

(a) Repeal.--Section 202 (8 U.S.C. 1152) is repealed.
(b) Conforming Amendment.--Section 203(b) (8 U.S.C.
1153(b)) is amended by striking paragraph (6).

SEC. 2304. ELIMINATION OF DIVERSITY VISA LOTTERY.

(a) Repeal.--Section 203(c) (8 U.S.C. 1153(c)) is repealed.
(b) Conforming Amendments.--Title II (8 U.S.C. 1151 et
seq.) is amended--
(1) in section 201--
(A) in subsection (a), by striking paragraph (3); and
(B) by striking subsection (e); and
(2) in section 204(a)(1), by striking subparagraph (I).

SEC. 2305. FAMILY-SPONSORED IMMIGRANTS.

(a) Numerical Limitations.--Section 201(c) (8 U.S.C.
1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-sponsored Immigrants.--The
maximum worldwide level of family-sponsored immigrants for
each fiscal year shall be 337,500.''.
(b) Visa Allocation for Family-sponsored Immigrants .--
Section 203(a) (8 U.S.C. 1153(a)) is amended to read as
follows:
``(a) Visa Allocation for Family-sponsored Immigrants.--
Qualified immigrants who are the unmarried sons or unmarried
daughters (but not children) of a citizen of the United
States or an alien lawfully admitted for permanent residence
shall be allocated all of the visas made available under
section 201(c).''.
(c) Expansion of Immediate Relative Definition.--Section
201(b)(2)(A) (8 U.S.C. 1151(b)(2)(A)) is amended to read as
follows:
``(A)(i) Immediate relatives.
``(ii) Aliens admitted under section 211(a) on the basis of
a prior issuance of a visa to their accompanying parent who
is an immediate relative.
``(iii) In this subparagraph the term `immediate relatives'
means the children, spouse, and parents of a citizen of the
United States or of a lawful permanent resident. If the
immediate relative is a parent, the citizen or permanent
resident shall be at least 21 years of age. If the alien was
the spouse of a citizen of the United States or of a lawful
permanent resident and was not legally separated from the
citizen or permanent resident at the time of the citizen's or
permanent resident's death, the alien (and each child of the
alien) shall be considered, for purposes of this
subparagraph, to remain an immediate relative after the date
of the citizen's or permanent resident's death and until the
date the spouse remarries if the spouse files a petition
under section 204(a)(1)(A)(ii) not later than 2 years after
such death. An alien who has filed a petition under clause
(iii) or (iv) of section 204(a)(1)(A) shall remain an
immediate relative if the United States citizen or lawful
permanent resident spouse or parent loses United States
citizenship or lawful permanent resident status on account of
the abuse.''.
(d) Conforming Amendments.--The Act (8 U.S.C. 1101 et seq.)
is amended--
(1) in section 101(a)(15)(V), by striking ``203(a)(2)(A)''
each place it appears and inserting ``203(a)'';
(2) in section 201(f)--
(A) in paragraph (2), by striking ``203(a)(2)(A)'' and
inserting ``203(a)''; and
(B) by striking paragraph (3); and
(C) by redesignating paragraph (4) as paragraph (3); and
(D) in paragraph (3), as redesignated, by striking ``(1)
through (3)'' and inserting ``(1) and (2)''; and
(3) in section 204--
(A) in subsection (a)(1)--
(i) in subparagraph (A)(i), by striking ``paragraph (1),
(3), or (4) of section 203(a)'' and inserting ``section
203(a)''; and
(ii) in subparagraph (B)--

(I) in clause (i)(I), by striking ``section 203(a)(2)'' and
inserting ``section 203(a)''; and
(II) in clause (ii), by striking ``clause (iii) of section
203(a)(2)(A)'' each place it appears and inserting ``section
203(a)''; and
(III) in clause (iii), by striking ``section 203(a)(2)(A)''
and inserting ``section 203(a)''; and

(iii) in subparagraph (D)(i)(I), by striking ``paragraph
(1), (2), or (3) of section 203(a)'' and inserting ``section
203(a)'';
(B) in subsection (a)(2)(A), in the undesignated matter
after clause (ii), by striking ``preference status under
section 203(a)(2)'' and inserting ``status as an immediate
relative under section 201(b)(2)(A)''; and
(C) in subsection (k)(1), by striking ``section
203(a)(2)(B)'' and inserting ``section 203(a)''.

SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS.

(a) Numerical Limitations.--Section 201(d) (8 U.S.C.
1151(c)) is amended to read as follows:
``(d) Worldwide Level of Employment-based Immigrants.--The
maximum worldwide level of employment-based immigrants for
each fiscal year shall be 1,012,500.''.
(b) Visa Allocation for Employment-based Immigrants .--
Section 203(b) (8 U.S.C. 1153(a)) is amended to read as
follows:
``(b) Visa Allocation for Employment-based Immigrants.--
Aliens subject to the worldwide level specified in section
201(d) for

[[Page S5048]]

employment-based immigrants in a fiscal year shall be
allocated visas as follows:
``(1) Highly-skilled workers.--Up to 607,500 visas shall be
allocated each fiscal year to qualified immigrants described
in this paragraph, with preference to be given to immigrants
described in subparagraph (A).
``(A) Advanced degrees in stem field.--An alien described
in this paragraph holds an advanced degree in science,
technology, engineering, or mathematics from an accredited
institution of higher education in the United States.
``(B) Aliens with extraordinary ability.--An alien
described in this subparagraph--
``(i) has extraordinary ability in the sciences, arts,
education, business, or athletics which has been demonstrated
by sustained national or international acclaim and whose
achievements have been recognized in the field through
extensive documentation;
``(ii) seeks to enter the United States to continue work in
the area of extraordinary ability; and
``(iii) will substantially benefit the United States.
``(C) Outstanding professors and researchers.--An alien
described in this subparagraph--
``(i) is recognized internationally as outstanding in a
specific academic area;
``(ii) has at least 3 years of experience in teaching or
research in the academic area; and
``(iii) seeks to enter the United States--

``(I) for a tenured position (or tenure-track position)
within a university or institution of higher education to
teach in the academic area;
``(II) for a comparable position with a university or
institution of higher education to conduct research in the
area; or
``(III) for a comparable position to conduct research in
the area with a department, division, or institute of a
private employer, if the department, division, or institute
employs at least 3 persons full-time in research activities
and has achieved documented accomplishments in an academic
field.

``(D) Certain multinational executives and managers.--An
alien described in this subparagraph, in the 3 years
preceding the time of the alien's application for
classification and admission into the United States under
this subparagraph, has been employed for at least 1 year by a
firm or corporation or other legal entity or an affiliate or
subsidiary thereof and the alien seeks to enter the United
States in order to continue to render services to the same
employer or to a subsidiary or affiliate thereof in a
capacity that is managerial or executive.
``(E) Skilled workers, professionals, and other workers.--
An alien described in this subparagraph--
``(i) is capable, at the time of petitioning for
classification under this paragraph, of performing skilled
labor (requiring at least 2 years training or experience),
not of a temporary or seasonal nature, for which qualified
workers are not available in the United States; or
``(ii) holds a baccalaureate degree and is a members of the
professions.
``(F) Employment creation.--An alien described in this
subparagraph seeks to enter the United States for the purpose
of engaging in a new commercial enterprise (including a
limited partnership)--
``(i) in which such alien has invested (after the date of
the enactment of the Immigration Act of 1990) or, is actively
in the process of investing, capital in an amount not less
than $1,000,000; and
``(ii) which will benefit the United States economy and
create full-time employment for not fewer than 10 United
States citizens or aliens lawfully admitted for permanent
residence or other immigrants lawfully authorized to be
employed in the United States (other than the immigrant and
the immigrant's spouse, sons, or daughters).
``(2) Workers in designated shortage occupations.--Up to
405,000 visas shall be allocated each fiscal year to
qualified immigrants who--
``(A) are not described in paragraph (1); and
``(B) have at least 2 years experience in an occupation
designated by the Bureau of Labor Statistics as experiencing
a shortage of labor throughout the United States.''.
(c) Treatment of Family Members.--Section 203(d) (8 U.S.C.
1153(d)) is amended--
(1) by striking ``(a), (b), or (c)'' and inserting ``(a) or
(b)''; and
(2) by adding at the end the following: ``The spouse,
children, or parents of an alien receiving a visa under
subsection 203(b) who are accompanying or following to join
the alien shall be counted against the numerical limitations
set forth in subsection (b).''.

SEC. 2307. ONLINE PORTAL FOR LAWFUL PERMANENT RESIDENT
APPLICATIONS.

(a) Establishment.--The Secretary shall establish an online
portal through which individuals may submit applications for
lawful permanent resident status.
(b) Features.--The online portal established pursuant to
subsection (a) shall provide--
(1) step-by-step instructions, in plain English, describing
what information and supporting documentation is required to
be submitted;
(2) an e-mail or text message to notify applicants of
changes in the status of their application.
(c) User Fee.--In addition to any other fees required of
applicants for lawful permanent under any other provision of
law, the Secretary may charge individuals who apply for such
status through the online portal established pursuant to
subsection (a) a fee in an amount sufficient to pay for the
costs of maintaining the online portal.
(d) Time Limitation.--All petitions submitted through the
online portal established pursuant to subsection (a) shall be
adjudicated in 60 days or less.
(e) Naturalization of Employees of Certain National
Security Facilities Without Regard to Residency
Requirements.--Section 316 (8 U.S.C. 1427) is amended by
adding at the end the following:
``(g)(1) Any person who, while an alien or a noncitizen
national of the United States, has been employed in a
research capacity at a Federal national security, science,
and technology laboratory, center, or agency (as defined
pursuant to section 203(b)(2)(C)) for a period or periods
aggregating one year or more may, in the discretion of the
Secretary, be naturalized without regard to the residence
requirements of this section if the person--
``(A) has complied with all requirements as determined by
the Secretary of Homeland Security, the Secretary of Defense,
the Secretary of Energy, or the head of a petitioning
department or agency of the Federal Government, including
contractual requirements to maintain employment in a research
capacity with a Federal national security, science, and
technology laboratory, center, or agency for a period not to
exceed five years; and
``(B) has favorably completed and adjudicated a background
investigation at the appropriate level, from the employing
department or agency of the Federal Government within the
last five years.
``(2) The number of aliens or noncitizen nationals
naturalized in any fiscal year under this subsection shall
not exceed a number as defined by the Secretary of Homeland
Security, in consultation with the head of the petitioning
department or agency of the Federal Government.''.
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