S.Amdt. 1587

1. Rewrites section 2303 through section 2307

   Replaces

   Removes section 2303 through section 2307.

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

   Inserted: (a) Repeal.--Section 202 (8 U.S.C. 1152) is repealed.

   Inserted: (b) Conforming Amendment.--Section 203(b) (8 U.S.C. 1153(b)) is amended by striking paragraph (6).

   Inserted: SEC. 2304. ELIMINATION OF DIVERSITY VISA LOTTERY.

   Inserted: (a) Repeal.--Section 203(c) (8 U.S.C. 1153(c)) is repealed.

   Inserted: (b) Conforming Amendments.--Title II (8 U.S.C. 1151 et seq.) is amended--

   Inserted: (1) in section 201--

   Inserted: (A) in subsection (a), by striking paragraph (3); and

   Inserted: (B) by striking subsection (e); and

   Inserted: (2) in section 204(a)(1), by striking subparagraph (I).

   Inserted: SEC. 2305. FAMILY-SPONSORED IMMIGRANTS.

   Inserted: (a) Numerical Limitations.--Section 201(c) (8 U.S.C. 1151(c)) is amended to read as follows:

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   Inserted: "(c) Worldwide Level of Family-sponsored Immigrants.--The maximum worldwide level of family-sponsored immigrants for each fiscal year shall be 337,500.".

   Inserted: (b) Visa Allocation for Family-sponsored Immigrants .--Section 203(a) (8 U.S.C. 1153(a)) is amended to read as follows:

   Inserted: "(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).".

   Inserted: (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:

   Inserted: "(A)(i) Immediate relatives.

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (d) Conforming Amendments.--The Act (8 U.S.C. 1101 et seq.) is amended--

   Inserted: (1) in section 101(a)(15)(V), by striking "203(a)(2)(A)" each place it appears and inserting "203(a)";

   Inserted: (2) in section 201(f)--

   Inserted: (A) in paragraph (2), by striking "203(a)(2)(A)" and inserting "203(a)"; and

   Inserted: (B) by striking paragraph (3); and

   Inserted: (C) by redesignating paragraph (4) as paragraph (3); and

   Inserted: (D) in paragraph (3), as redesignated, by striking "(1) through (3)" and inserting "(1) and (2)"; and

   Inserted: (3) in section 204--

   Inserted: (A) in subsection (a)(1)--

   Inserted: (i) in subparagraph (A)(i), by striking "paragraph (1), (3), or (4) of section 203(a)" and inserting "section 203(a)"; and

   Inserted: (ii) in subparagraph (B)--

   Inserted: (I) in clause (i)(I), by striking "section 203(a)(2)" and inserting "section 203(a)"; and

   Inserted: (II) in clause (ii), by striking "clause (iii) of section 203(a)(2)(A)" each place it appears and inserting "section 203(a)"; and

   Inserted: (III) in clause (iii), by striking "section 203(a)(2)(A)" and inserting "section 203(a)"; and

   Inserted: (iii) in subparagraph (D)(i)(I), by striking "paragraph (1), (2), or (3) of section 203(a)" and inserting "section 203(a)";

   Inserted: (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

   Inserted: (C) in subsection (k)(1), by striking "section 203(a)(2)(B)" and inserting "section 203(a)".

   Inserted: SEC. 2306. EMPLOYMENT-BASED IMMIGRANTS.

   Inserted: (a) Numerical Limitations.--Section 201(d) (8 U.S.C. 1151(c)) is amended to read as follows:

   Inserted: "(d) Worldwide Level of Employment-based Immigrants.--The maximum worldwide level of employment-based immigrants for each fiscal year shall be 1,012,500.".

   Inserted: (b) Visa Allocation for Employment-based Immigrants .--Section 203(b) (8 U.S.C. 1153(a)) is amended to read as follows:

   Inserted: "(b) Visa Allocation for Employment-based Immigrants.--Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allocated visas as follows:

   Inserted: "(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).

   Inserted: "(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.

   Inserted: "(B) Aliens with extraordinary ability.--An alien described in this subparagraph--

   Inserted: "(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;

   Inserted: "(ii) seeks to enter the United States to continue work in the area of extraordinary ability; and

   Inserted: "(iii) will substantially benefit the United States.

   Inserted: "(C) Outstanding professors and researchers.--An alien described in this subparagraph--

   Inserted: "(i) is recognized internationally as outstanding in a specific academic area;

   Inserted: "(ii) has at least 3 years of experience in teaching or research in the academic area; and

   Inserted: "(iii) seeks to enter the United States--

   Inserted: "(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area;

   Inserted: "(II) for a comparable position with a university or institution of higher education to conduct research in the area; or

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(E) Skilled workers, professionals, and other workers.--An alien described in this subparagraph--

   Inserted: "(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

   Inserted: "(ii) holds a baccalaureate degree and is a members of the professions.

   Inserted: "(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)--

   Inserted: "(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

   Inserted: "(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).

   Inserted: "(2) Workers in designated shortage occupations.--Up to 405,000 visas shall be allocated each fiscal year to qualified immigrants who--

   Inserted: "(A) are not described in paragraph (1); and

   Inserted: "(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.".

   Inserted: (c) Treatment of Family Members.--Section 203(d) (8 U.S.C. 1153(d)) is amended--

   Inserted: (1) by striking "(a), (b), or (c)" and inserting "(a) or (b)"; and

   Inserted: (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).".

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

   Inserted: (a) Establishment.--The Secretary shall establish an online portal through which individuals may submit applications for lawful permanent resident status.

   Inserted: (b) Features.--The online portal established pursuant to subsection (a) shall provide--

   Inserted: (1) step-by-step instructions, in plain English, describing what information and supporting documentation is required to be submitted;

   Inserted: (2) an e-mail or text message to notify applicants of changes in the status of their application.

   Inserted: (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.

   Inserted: (d) Time Limitation.--All petitions submitted through the online portal established pursuant to subsection (a) shall be adjudicated in 60 days or less.

   Inserted: (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:

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(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.".

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

   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.".

   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

   Strike sections 2303 through 2307 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed