,,ib ,union ,calendar ,no4 #ejg #aacth ,,congress #b;d ,session ,h4 ,r4 #baca ,report ,no4 #aac-fgf1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,may #bc1 #bjac ,mr4 ,issa 7for himself1 ,mr4 ,goodlatte1 ,mr4 ,smith of ,texas1 ,mr4 ,coble1 ,mr4 ,rokita1 ,mr4 ,poe of ,texas1 ,mr4 ,farenthold1 ,mr4 ,holding1 ,mr4 ,sensenbrenner1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,campbell1 ,mr4 ,chabot1 ,mr4 ,bachus1 ,mr4 ,hanna1 ,mr4 ,calvert1 ,mr4 ,franks of ,arizona1 and ,mr4 ,terry7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,december #ae1 #bjad ,additional sponsors3 ,mr4 ,kinzinger of ,illinois1 ,mr4 ,westmoreland1 ,mr4 ,rooney1 ,mr4 ,hultgren1 ,mr4 ,cook1 and ,mr4 ,wittman ,december #ae1 #bjad ,reported from the ,committee on the ,judiciary with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,december #ae1 #bjad ,the ,committee on ,education and the ,workforce discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,for text of introduced bill1 see copy of bill as introduced on ,may #bc1 #bjac ,a ,,bill ,to amend the ,immigration and ,nationality ,act to enhance ,american competitiveness through the encouragement of high-skilled immigration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,supplying ,knowledge-based ,immigrants and ,lifting ,levels of ,,stem ,visas ,act or the ,,skills ,visa ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,sense of ,congress4 ,title ,i--,immigrant ,visa ,reforms ,sec4 #aja4 ,immigrant visas for certain advanced ,,stem graduates4 ,sec4 #ajb4 ,immigrant visas for entrepreneurs4 ,sec4 #ajc4 ,additional employment-based immigrant visas4 ,sec4 #ajd4 ,employment creation immigrant visas4 ,sec4 #aje4 ,family-sponsored immigrant visas4 ,sec4 #ajf4 ,elimination of diversity immigrant program4 ,sec4 #ajg4 ,numerical limitation to any single foreign state4 ,sec4 #ajh4 ,physicians4 ,sec4 #aji4 ,permanent priority dates4 ,sec4 #aaj4 ,set-aside for health care workers4 ,title ,,ii--,nonimmigrant ,visa ,reforms ,sec4 #bja4 ,h-#a;,b visas4 ,sec4 #bjb4 ,l visas4 ,sec4 #bjc4 ,o visas4 ,sec4 #bjd4 ,mexican and ,canadian professionals4 ,sec4 #bje4 ,h-#a;,b#a and ,e-#c ,visas4 ,sec4 #bjf4 ,students4 ,sec4 #bjg4 ,extension of employment eligibility while visa extension petition pending4 ,sec4 #bjh4 ,fraud detection and prevention fee4 ,sec4 #bji4 ,technical correction4 ,title ,,iii--,reforms ,affecting ,both ,immigrant and ,nonimmigrant ,visas ,sec4 #cja4 ,prevailing wages4 ,sec4 #cjb4 ,streamlining petitions for established employers4 #c4 ,sense of ,congress ,it is the sense of the ,congress that3 7#a7 ,our ,nation's future economic prosperity in the global economy is strongly linked to the ability of our schools to educate students in the science1 technology1 engineering1 and mathematics 7,,stem7 subjects4 7#b7 ,a portion of application fees paid by employers seeking to hire foreign workers should be devoted to supporting improvements in ,,stem education in the ,united ,states1 including computer science education1 at the elementary1 secondary1 and university levels in order to reduce our dependence on foreign workers over time4 7#c7 ,such funds should be used to support-- 7,a7 building the capacity of every ,state to improve student achievement in ,,stem subjects1 especially in the most high-need school districts2 7,b7 supporting innovation in ,,stem education through partnerships between elementary and secondary schools1 universities1 non-profits1 businesses1 and informal education and community-based partners2 7,c7 broadening the diversity and capacity of the ,,stem education pipeline in the ,united ,states through scholarships and other forms of assistance to ,american students who study in these subjects2 and 7,d7 improving and promoting ,,stem education for underrepresented populations1 including economically disadvantaged individuals in ,,stem fields4 ,i ,immigrant ,visa ,reforms #aja4 ,immigrant visas for certain advanced ,,stem graduates 7a7 ,worldwide level of immigration ,section #bja7;d77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d77#a77;,a77 is amended by striking #adj1jjj1 and inserting #adj1jjj in fiscal years through #bjac and #aie1jjj beginning in fiscal year #bjad1 reduced for any fiscal year beginning in fiscal year #bjad by the number by which the number of visas under section #bja7;e7 would have been reduced in that year pursuant to section #bjc7;d7 of the ,nicaraguan ,adjustment and ,central ,american ,relief ,act 7#h ,u4,s4,c4 #aaea note7 if section #bja7;e7 had not been repealed by section #ajf of the ,,skills ,visa ,act14 7b7 ,preference allocation for employment-,based immigrants ,section #bjc7;b7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77 is amended-- 7#a7 by redesignating paragraph 7#f7 as paragraph 7#i72 and 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,aliens holding doctorate degrees from ,u4,s4 doctoral institutions of higher education in science1 technology1 engineering1 or mathematics 7,a7 ,in general ,visas shall be made available1 in a number not to exceed #ee1jjj1 reduced for any fiscal year by the number by which the number of visas under section #bja7;e7 would have been reduced in that year pursuant to section #bjc7;d7 of the ,nicaraguan ,adjustment and ,central ,american ,relief ,act 7#h ,u4,s4,c4 #aaea note7 if section #bja7;e7 had not been repealed by section #ajf of the ,,skills ,visa ,act1 plus any visas not required for the classes specified in paragraph 7#a71 to qualified immigrants who-- 7i7 hold a doctorate degree in a field of science1 technology1 engineering1 or mathematics from a ,united ,states doctoral institution of higher education1 or have successfully completed a dental1 medical1 or veterinary residency program 7within the summary group of residency programs in the ,department of ,education's ,classification of ,instructional ,programs taxonomy71 have received a medical degree 7,,md7 in a program that prepares individuals for the independent professional practice of medicine 7series #ea4ab in the ,department of ,education's ,classification of ,instructional ,programs taxonomy71 have received a dentistry degree 7,,dds1 ,,dmd7 in a program that prepares individuals for the independent professional practice of dentistry_/dental medicine 7series #ea4jd in the ,department of ,education's ,classification of ,instructional ,programs taxonomy71 have received a veterinary degree 7,,dvm7 in a program that prepares individuals for the independent professional practice of veterinary medicine 7series #ea4bd in the ,department of ,education's ,classification of ,instructional ,programs taxonomy71 or have received an osteopathic medicine_/osteopathy degree 7,,do7 in a program that prepares individuals for the independent professional practice of osteopathic medicine 7series #ea4ai in the ,department of ,education's ,classification of ,instructional ,programs taxonomy7 from an institution that is described in subclauses 7,i71 7,,iii71 and 7,,iv7 of subparagraph 7,b77iii72 and 7ii7 have taken not less than #he percent of the courses required for such degrees1 including all courses taken by correspondence 7including courses offered by telecommunications7 or by distance education1 while physically present in the ,united ,states4 7,b7 ,definitions ,for purposes of this paragraph1 paragraph 7#g71 and sections #aja7;a77#ae77;,f77i77,i7 and #bab7;a77#e77;,a77iii77,,iii73 7i7 ,the term distance education has the meaning given such term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7ii7 ,the term field of science1 technology1 engineering1 or mathematics means a field included in the ,department of ,education's ,classification of ,instructional ,programs taxonomy within the summary groups of computer and information sciences and support services1 engineering1 biological and biomedical sciences1 mathematics and statistics1 physical sciences1 and the series geography and cartography 7series #de4jg71 advanced_/graduate dentistry and oral sciences 7series #ea4je7 and nursing 7series #ea4ch74 7iii7 ,the term ,united ,states doctoral institution of higher education means an institution that-- 7,i7 is described in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a77 or is a proprietary institution of higher education 7as defined in section #ajb7;b7 of such ,act 7#bj ,u4,s4,c4 #ajjb7;b7772 7,,ii7 was classified by the ,carnegie ,foundation for the ,advancement of ,teaching on ,january #a1 #bjac1 as a doctorate-granting university with a very high or high level of research activity or classified by the ,national ,science ,foundation after the date of enactment of this paragraph1 pursuant to an application by the institution1 as having equivalent research activity to those institutions that had been classified by the ,carnegie ,foundation as being doctorate-granting universities with a very high or high level of research activity2 7,,iii7 has been in existence for at least #aj years2 and 7,,iv7 is accredited by an accrediting body that is itself accredited either by the ,department of ,education or by the ,council for ,higher ,education ,accreditation4 7,c7 ,labor certification required 7i7 ,in general ,subject to clause 7ii71 the ,secretary of ,homeland ,security may not approve a petition filed for classification of an alien under subparagraph 7,a7 unless the ,secretary of ,homeland ,security is in receipt of a determination made by the ,secretary of ,labor pursuant to the provisions of section #bab7;a77#e77;,a71 except that the ,secretary of ,homeland ,security may1 when the ,secretary deems it to be in the national interest1 waive this requirement4 7ii7 ,requirement deemed satisfied ,the requirement of clause 7i7 shall be deemed satisfied with respect to an employer and an alien in a case in which a certification made under section #bab7;a77#e77;,a77i7 has already been obtained with respect to the alien by that employer4 7#g7 ,aliens holding master's degrees from ,u4,s4 doctoral institutions of higher education in science1 technology1 engineering1 or mathematics 7,a7 ,in general ,any visas not required for the classes specified in paragraphs 7#a7 and 7#f7 shall be made available to the classes of aliens who-- 7i7 hold a master's degree in a field of science1 technology1 engineering1 or mathematics from a ,united ,states doctoral institution of higher education that was either part of a master's program that required at least #b years of enrollment or part of a #e-year combined baccalaureate-master's degree program in such field2 7ii7 have taken not less than #he percent of the master's degree courses in a field of science1 technology1 engineering1 or mathematics1 including all courses taken by correspondence 7including courses offered by telecommunications7 or by distance education1 while physically present in the ,united ,states2 and 7iii7 hold a baccalaureate degree in a field of science1 technology1 engineering1 or mathematics4 7,b7 ,labor certification required 7i7 ,in general ,subject to clause 7ii71 the ,secretary of ,homeland ,security may not approve a petition filed for classification of an alien under subparagraph 7,a7 unless the ,secretary of ,homeland ,security is in receipt of a determination made by the ,secretary of ,labor pursuant to the provisions of section #bab7;a77#e77;,a71 except that the ,secretary of ,homeland ,security may1 when the ,secretary deems it to be in the national interest1 waive this requirement4 7ii7 ,requirement deemed satisfied ,the requirement of clause 7i7 shall be deemed satisfied with respect to an employer and an alien in a case in which a certification made under section #bab7;a77#e77;,a77i7 has already been obtained with respect to the alien by that employer4 7,c7 ,definitions ,the definitions in paragraph 7#f77;,b7 shall apply for purposes of this paragraph4 4 7c7 ,aliens who are members of the professions holding advanced degrees or aliens of exceptional ability ,section #bjc7;b77#b77;,a7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#b77;,a77 is amended by striking paragraph 7#a71 and inserting paragraphs 7#a71 7#f71 7#g71 and 7#h714 7d7 ,skilled workers1 professionals1 and other workers ,section #bjc7;b77#c77;,a7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#c77;,a77 is amended by striking paragraphs 7#a7 and 7#b71 and inserting paragraphs 7#a71 7#b71 7#f71 and 7#g714 7e7 ,procedure for granting immigrant status ,section #bjd7;a77#a77;,f7 of such ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,f77 is amended-- 7#a7 by striking 7,f7 and inserting 7,f77i72 7#b7 by striking or #bjc7;b77#c7 and inserting #bjc7;b77#c71 #bjc7;b77#f71 or #bjc7;b77#g72 7#c7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7#d7 by adding at the end the following3 7ii7 ,the following processing standards shall apply with respect to petitions under clause 7i7 relating to alien beneficiaries qualifying under paragraph 7#f7 or 7#g7 of section #bjc7;b73 7,i7 ,the ,secretary of ,homeland ,security shall adjudicate such petitions not later than #fj days after the date on which the petition is filed4 ,in the event that additional information or documentation is requested by the ,secretary during such #fj-;day period1 the ,secretary shall adjudicate the petition not later than #cj days after the date on which such information or documentation is received4 7,,ii7 ,the petitioner shall be notified in writing within #cj days of the date of filing if the petition does not meet the standards for approval4 ,if the petition does not meet such standards1 the notice shall include the reasons therefore and the ,secretary shall provide an opportunity for the prompt resubmission of a modified petition4 4 7f7 ,labor certification and qualification for certain immigrants ,section #bab7;a77#e7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#e77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7ii7-- 7i7 in subclause 7,i71 by striking 1 or at the end and inserting a semicolon2 7ii7 in subclause 7,,ii71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7,,iii7 holds a doctorate degree in a field of science1 technology1 engineering1 or mathematics from a ,united ,states doctoral institution of higher education 7as defined in section #bjc7;b77#f77;,b77iii774 2 7,b7 by redesignating clauses 7ii7 through 7iv7 as clauses 7iii7 through 7v71 respectively2 7,c7 by inserting after clause 7i7 the following3 7ii7 ,job order 7,i7 ,in general ,an employer who files an application under clause 7i7 shall submit a job order for the labor the alien seeks to perform to the ,state workforce agency in the ,state in which the alien seeks to perform the labor4 ,the ,state workforce agency shall post the job order on its official agency website for a minimum of #cj days and not later than #c days after receipt using the employment statistics system authorized under section #ae of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di et seq474 7,,ii7 ,links ,the ,secretary of ,labor shall include links to the official websites of all ,state workforce agencies on a single webpage of the official website of the ,department of ,labor4 2 and 7,d7 by adding at the end the following3 7vi7 ,processing standards for alien beneficiaries qualifying under paragraphs 7#f7 and 7#g7 of section #bjc7;b7 ,the following processing standards shall apply with respect to applications under clause 7i7 relating to alien beneficiaries qualifying under paragraph 7#f7 or 7#g7 of section #bjc7;b73 7,i7 ,the ,secretary of ,labor shall adjudicate such applications not later than #ahj days after the date on which the application is filed4 ,in the event that additional information or documentation is requested by the ,secretary during such #ahj-;day period1 the ,secretary shall adjudicate the application not later than #fj days after the date on which such information or documentation is received4 7,,ii7 ,the applicant shall be notified in writing within #fj days of the date of filing if the application does not meet the standards for approval4 ,if the application does not meet such standards1 the notice shall include the reasons therefore and the ,secretary shall provide an opportunity for the prompt resubmission of a modified application4 2 and 7#b7 in subparagraph 7,d71 by striking 7#b7 or 7#c7 and inserting 7#b71 7#c71 7#f71 or 7#g74 7g7 ,,gao ,study ,not later than ,june #cj1 #bjai1 the ,comptroller ,general of the ,united ,states shall provide to the ,congress the results of a study on the use by the ,national ,science ,foundation of the classification authority provided under section #bjc7;b77#f77;,b77iii77,,ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#f77;,b77iii77,,ii771 as added by this section4 7h7 ,public information ,the ,secretary of ,homeland ,security shall make available to the public on the official website of the ,department of ,homeland ,security1 and shall update not less than monthly1 the following information 7which shall be organized according to month and fiscal year7 with respect to aliens granted status under paragraph 7#f7 or 7#g7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b771 as added by this section3 7#a7 ,the name1 city1 and ,state of each employer who petitioned pursuant to either of such paragraphs on behalf of one or more aliens who were granted status in the month and fiscal year to date4 7#b7 ,the number of aliens granted status under either of such paragraphs in the month and fiscal year to date based upon a petition filed by such employer4 7#c7 ,the occupations for which such alien or aliens were sought by such employer and the job titles listed by such employer on the petition4 7i7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac1 and shall apply with respect to fiscal years beginning on or after such date4 ,nothing in the preceding sentence shall be construed to prohibit the ,secretary of ,homeland ,security from accepting before such date petitions under section #bjd7;a77#a77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,f77 relating to alien beneficiaries qualifying under paragraph 7#f7 or 7#g7 of section #bjc7;b7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77 7as added by this section74 #ajb4 ,immigrant visas for entrepreneurs 7a7 ,preference allocation for employment-,based immigrants ,section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 is amended by inserting after paragraph 7#g7 7as added by section #aja of this ,act7 the following3 7#h7 ,alien entrepreneurs 7,a7 ,in general ,visas shall be made available1 in a number not to exceed #aj1jjj1 plus any visas not required for the classes specified in paragraphs 7#a71 7#b71 and 7#c71 to the following classes of aliens3 7i7 ,venture capital-backed start-up entrepreneurs 7,i7 ,in general ,an alien is described in this clause if the alien intends to engage in a new commercial enterprise 7including a limited partnership7 in the ,united ,states-- 7aa7 with respect to which the alien has completed an investment agreement requiring an investment in the enterprise in an amount not less than #ejj1jjj1 subject to subclause 7,,iii71 on the part of-- 7,,aa7 a venture capital fund whose investment adviser is a qualified venture capital entity2 or 7,,bb7 #b or more qualified angel investors2 and 7bb7 which will benefit the ,united ,states economy and1 during the #c-year period beginning on the date on which the visa is issued under this paragraph1 will-- 7,,aa7 create full-time employment for at least #e ,united ,states workers within the enterprise2 and 7,,bb7 raise not less than an additional #a1jjj1jjj in capital investment1 subject to subclause 7,,iii71 or generate not less than #a1jjj1jjj in revenue1 subject to subclause 7,,iii74 7,,ii7 ,definitions ,for purposes of this clause3 7aa7 ,investment ,the term investment does not include any assets acquired1 directly or indirectly1 by unlawful means4 7bb7 ,investment adviser ,the term investment adviser has the meaning given such term under section #bjb7;a77#aa7 of the ,investment ,advisers ,act of #aidj 7#ae ,u4,s4,c4 #hj;b-#b7;a77#aa774 7cc7 ,qualified ,angel ,investor ,the term qualified angel investor means an individual who-- 7,,aa7 is an accredited investor 7as defined in section #bcj4eja7;a7 of title #ag1 ,code of ,federal ,regulations 7as in effect on ,april #a1 #bjaj772 7,,bb7 is a ,united ,states citizen or an alien lawfully admitted to the ,united ,states for permanent residence2 and 7,,cc7 has made at least #b investments during the #c year period before the date of a petition by the qualified immigrant for classification under this paragraph4 7dd7 ,qualified venture capital entity ,the term qualified venture capital entity means1 with respect to a qualified immigrant1 an entity that-- 7,,aa7 serves as an investment adviser to a venture capital fund that is making an investment under this paragraph2 7,,bb7 has its primary office location or principal place of business in the ,united ,states2 7,,cc7 is owned and controlled1 directly or indirectly1 by individuals the majority of whom are ,united ,states citizens or aliens lawfully admitted to the ,united ,states for permanent residence2 7,,dd7 has been advising one or more venture capital funds for a period of at least #b years before the date of the petition for classification under this paragraph2 and 7,,ee7 advises one or more venture capital funds that have made at least #b investments of not less than #ejj1jjj in each of the #b years before the date of the petition for classification under this paragraph4 7ee7 ,venture capital fund ,the term venture capital fund means an entity-- 7,,aa7 that is classified as a venture capital operating company under section #beaj4c-aja7;d7 of title #bi1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjac7 or has management rights in its portfolio companies to the extent required by such section if the venture capital fund were classified as a venture capital operating company2 7,,bb7 has capital commitments of not less than #aj1jjj1jjj2 and 7,,cc7 whose general partner or managing member is owned and controlled1 directly or indirectly1 by individuals the majority of whom are ,united ,states citizens or aliens lawfully admitted to the ,united ,states for permanent residence4 7,,iii7 ,inflation ,adjustment ,effective for the first fiscal year that begins more than #f months after the date of the enactment of this clause1 and for each fiscal year thereafter1 the amounts described in subclauses 7,i7 and 7,,ii7 shall be increased by the percentage 7if any7 by which the ,consumer ,price ,index for the month of ,june preceding the date on which such increase takes effect exceeds the ,consumer ,price ,index for the same month of the preceding calendar year4 ,an increase described in the preceding sentence shall apply to aliens filing petitions under section #bjd7;a77#a77;,h7 on or after the date on which the increase takes effect4 ,for purposes of this clause1 the term ,consumer ,price ,index means the ,consumer ,price ,index for all urban consumers published by the ,department of ,labor4 7ii7 ,treaty ,investors ,immigrants who have been issued a visa or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,e77ii7 7not including alien employees of the treaty investor7 who have maintained that status for a minimum of #aj years and have benefitted the ,united ,states economy and created full-time employment for not fewer than #e ,united ,states workers for a minimum of #aj years4 7,b7 ,definitions ,for purposes of this paragraph3 7i7 ,the term full-time employment has the meaning given such term in paragraph 7#e74 7ii7 ,the term ,united ,states worker means an employee 7other than the immigrant or the immigrant's spouse1 sons1 or daughters7 who-- 7,i7 is a citizen or national of the ,united ,states2 or 7,,ii7 is an alien who is lawfully admitted for permanent residence1 is admitted as a refugee under section #bjg1 is granted asylum under section #bjh1 or is an immigrant otherwise authorized to be employed in the ,united ,states4 4 7b7 ,procedures for granting immigrant status ,section #bjd7;a77#a77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,h77 is amended-- 7#a7 by striking section #bjc7;b77#e7 and inserting paragraph 7#e7 or 7#h7 of section #bjc7;b72 and 7#b7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security4 7c7 ,conditional permanent resident status 7#a7 ,in general 7,a7 ,conforming amendments ,section #baf;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahf;b7 is amended-- 7i7 in the section heading1 by striking ,entrepreneurs1 and inserting ,investors14 7ii7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7iii7 by striking entrepreneur each place such term appears and inserting investor2 and 7iv7 ,in subsection 7c77#c77;,a71 by striking the such filing and inserting such filing4 7,b7 ,table of contents ,the item relating to section #baf;,a in the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended to read as follows3 ,sec4 #baf;,a4 ,conditional permanent resident status for certain alien investors1 spouses1 and children4 4 7#b7 ,conditional permanent resident status for certain alien entrepreneurs1 spouses1 and children 7,a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by inserting after section #baf;,a the following3 #baf;,b4 ,conditional permanent resident status for certain alien entrepreneurs1 spouses1 and children 7a7 ,in general 7#a7 ,conditional basis for status ,notwithstanding any other provision of this ,act1 an alien entrepreneur 7as defined in subsection 7f77#a7 of this section71 alien spouse1 and alien child 7as defined in subsection 7f77#b7 of this section7 shall be considered1 at the time of obtaining the status of an alien lawfully admitted for permanent residence1 to have obtained such status on a conditional basis subject to the provisions of this section4 7#b7 ,notice of requirements 7,a7 ,at time of obtaining permanent residence ,at the time an alien entrepreneur1 alien spouse1 or alien child obtains permanent resident status on a conditional basis under paragraph 7#a71 the ,secretary of ,homeland ,security shall provide for notice to such an entrepreneur1 spouse1 or child respecting the provisions of this section and the requirements of subsection 7c77#a7 of this section to have the conditional basis of such status removed4 7,b7 ,at time of required petition ,in addition1 the ,secretary of ,homeland ,security shall attempt to provide notice to such an entrepreneur1 spouse1 or child1 at or about the beginning of the #ij-;day period described in subsection 7d77#b77;,a7 of this section1 of the requirements of subsection 7c77#a7 of this section4 7,c7 ,effect of failure to provide notice ,the failure of the ,secretary of ,homeland ,security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such an entrepreneur1 spouse1 or child4 7b7 ,termination of status if finding that qualifying entrepreneurship improper 7#a7 ,in general ,in the case of an alien entrepreneur with permanent resident status on a conditional basis under subsection 7a7 of this section1 if the ,secretary of ,homeland ,security determines1 before the third anniversary of the alien's obtaining the status of lawful admission for permanent residence1 that-- 7,a7 the required investment in the commercial enterprise under section #bjc7;b77#h77;,a77i77,i7 was intended solely as a means of evading the immigration laws of the ,united ,states2 7,b7 7i7 any requisite capital to be invested under section #bjc7;b77#h77;,a77i77,i7 had not been invested1 or was not actively in the process of being invested2 or 7ii7 the alien was not sustaining the actions described in clause 7i7 throughout the period of the alien's residence in the ,united ,states2 or 7,c7 the alien was otherwise not conforming to the requirements of section #bjc7;b77#h77;,a77i72 then the ,secretary of ,homeland ,security shall so notify the alien involved and1 subject to paragraph 7#b71 shall terminate the permanent resident status of the alien 7and the alien spouse and alien child7 involved as of the date of the determination4 7#b7 ,hearing in removal proceeding ,any alien whose permanent resident status is terminated under paragraph 7#a7 may request a review of such determination in a proceeding to remove the alien4 ,in such proceeding1 the burden of proof shall be on the ,secretary of ,homeland ,security to establish1 by a preponderance of the evidence1 that a condition described in paragraph 7#a7 is met4 7c7 ,requirements of timely petition and interview for removal of condition 7#a7 ,in general ,in order for the conditional basis established under subsection 7a7 of this section for an alien entrepreneur1 alien spouse1 or alien child to be removed-- 7,a7 the alien entrepreneur must submit to the ,secretary of ,homeland ,security1 during the period described in subsection 7d77#b71 a petition which requests the removal of such conditional basis and which states1 under penalty of perjury1 the facts and information described in subsection 7d77#a72 and 7,b7 in accordance with subsection 7d77#c71 the alien entrepreneur must appear for a personal interview before an officer or employee of the ,department of ,homeland ,security respecting the facts and information described in subsection 7d77#a74 7#b7 ,termination of permanent resident status for failure to file petition or have personal interview 7,a7 ,in general ,in the case of an alien with permanent resident status on a conditional basis under subsection 7a7 of this section1 if-- 7i7 no petition is filed with respect to the alien in accordance with the provisions of paragraph 7#a77;,a72 or 7ii7 unless there is good cause shown1 the alien entrepreneur fails to appear at the interview described in paragraph 7#a77;,b7 7if required under subsection 7d77#c7 of this section71 the ,secretary of ,homeland ,security shall terminate the permanent resident status of the alien 7and the alien's spouse and children if it was obtained on a conditional basis under this section or section #baf;,a7 as of the third anniversary of the alien's lawful admission for permanent residence4 7,b7 ,hearing in removal proceeding ,in any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph 7,a71 the burden of proof shall be on the alien to establish compliance with the conditions of subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7#c7 ,determination after petition and interview 7,a7 ,in general ,if-- 7i7 a petition is filed in accordance with the provisions of paragraph 7#a77;,a72 and 7ii7 the alien entrepreneur appears at any interview described in paragraph 7#a77;,b72 the ,secretary of ,homeland ,security shall make a determination1 within #ij days of the date of such filing or interview 7whichever is later71 as to whether the facts and information described in subsection 7d77#a7 and alleged in the petition are true with respect to the qualifying commercial enterprise4 7,b7 ,removal or extension of conditional basis 7i7 ,in general ,except as provided in clause 7ii71 if the ,secretary of ,homeland ,security determines that such facts and information are true1 including demonstrating that the alien complied with subsection 7d77#a77;,b77i71 the ,secretary shall so notify the alien involved and shall remove the conditional basis of the alien's status effective as of the third anniversary of the alien's lawful admission for permanent residence4 7ii7 ,exception ,if the petition demonstrates that the facts and information are true1 including demonstrating that the alien is in compliance with section 7d77#a77;,b77ii71 then the ,secretary of ,homeland ,security may1 in the ,secretary's discretion1 extend the conditional status for an additional year at the end of which-- 7,i7 the alien must file a petition within #cj days after the fourth anniversary of the alien's lawful admission for permanent residence demonstrating that the alien complied with subsection 7d77#a77;,b77i7 and the ,secretary shall remove the conditional basis of the alien's status effective as of such fourth anniversary2 or 7,,ii7 the conditional status shall terminate4 7,c7 ,determination if adverse determination ,if the ,secretary of ,homeland ,security determines that such facts and information are not true1 the ,secretary shall so notify the alien involved and1 subject to subparagraph 7,d71 shall terminate the permanent resident status of an alien entrepreneur1 alien spouse1 or alien child as of the date of the determination4 7,d7 ,hearing in removal proceeding ,any alien whose permanent resident status is terminated under subparagraph 7,c7 may request a review of such determination in a proceeding to remove the alien4 ,in such proceeding1 the burden of proof shall be on the ,secretary of ,homeland ,security to establish1 by a preponderance of the evidence1 that the facts and information described in subsection 7d77#a7 of this section and alleged in the petition are not true with respect to the qualifying commercial enterprise4 7d7 ,details of petition and interview 7#a7 ,contents of petition ,each petition under subsection 7c77#a77;,a7 shall contain facts and information demonstrating that-- 7,a7 7i7 any requisite capital to be invested under section #bjc7;b77#h77;,a77i77,i7 had been invested1 or was actively in the process of being invested2 and 7ii7 the alien sustained the actions described in clause 7i7 throughout the period of the alien's residence in the ,united ,states2 7,b7 7i7 the alien created the employment required under section #bjc7;b77#h77;,a77i77,i77bb77,,aa72 or 7ii7 the alien is actively in the process of creating the employment required under section #bjc7;b77#h77;,a77i77,i77bb77,,aa7 and will create such employment before the fourth anniversary of the alien's lawful admission for permanent residence2 and 7,c7 the alien is otherwise conforming to the requirements of section #bjc7;b77#h77;,a77i74 7#b7 ,period for filing petition 7,a7 #ij-;day period before second anniversary ,except as provided in subparagraph 7,b71 the petition under subsection 7c77#a77;,a7 of this section must be filed during the #ij-;day period before the third anniversary of the alien's lawful admission for permanent residence4 7,b7 ,date petitions for good cause ,such a petition may be considered if filed after such date1 but only if the alien establishes to the satisfaction of the ,secretary of ,homeland ,security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph 7,a74 7,c7 ,filing of petitions during removal ,in the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph 7,a71 the ,secretary of ,homeland ,security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph 7,b74 7#c7 ,personal interview ,the interview under subsection 7c77#a77;,b7 shall be conducted within #ij days after the date of submitting a petition under subsection 7c77#a77;,a7 and at a local office of the ,department of ,homeland ,security1 designated by the ,secretary of ,homeland ,security1 which is convenient to the parties involved4 ,the ,secretary1 in the ,secretary's discretion1 may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate4 7e7 ,treatment of period for purposes of naturalization ,for purposes of title ,,iii1 in the case of an alien who is in the ,united ,states as a lawful permanent resident on a conditional basis under this section1 the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the ,united ,states as an alien lawfully admitted to the ,united ,states for permanent residence4 7f7 ,definitions ,in this section3 7#a7 ,the term alien entrepreneur means an alien who obtains the status of an alien lawfully admitted for permanent residence 7whether on a conditional basis or otherwise7 under section #bjc7;b77#h77;,a77i77,i7 of this title4 7#b7 ,the term alien spouse and the term alien child mean an alien who obtains the status of an alien lawfully admitted for permanent residence 7whether on a conditional basis or otherwise7 by virtue of being the spouse or child1 respectively1 of an alien entrepreneur4 7#c7 ,the term commercial enterprise includes a limited partnership4 4 7,b7 ,clerical amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #baf;,a the following3 ,sec4 #baf;,b4 ,conditional permanent resident status for certain alien entrepreneurs1 spouses1 and children4 4 7d7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac1 and shall apply with respect to fiscal years beginning on or after such date4 #ajc4 ,additional employment-based immigrant visas 7a7 ,worldwide level of employment-,based immigrants ,section #bja7;d77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d77#a77;,a771 as amended by section #aja1 is further amended by striking #aie1jjj and inserting #bce1jjj4 7b7 ,priority workers ,section #bjc7;b77#a7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#a77 is amended by striking #bh4f percent of such worldwide level1 and inserting #dj1jdj14 7c7 ,aliens who are members of the professions holding advanced degrees or aliens of exceptional ability ,section #bjc7;b77#b77;,a7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#b77;,a77 is amended by striking #bh4f percent of such worldwide level1 and inserting #ee1jdj14 7d7 ,skilled workers1 professionals1 and other workers ,section #bjc7;b77#c77;,a7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#c77;,a77 is amended by striking #bh4f percent of such worldwide level1 and inserting #ee1jdj14 7e7 ,certain special immigrants ,section #bjc7;b77#d7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#d77 is amended by striking #g4a percent of such worldwide level1 and inserting #i1idj14 7f7 ,employment creation ,section #bjc7;b77#e77;,a7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,a77 is amended by striking #g4a percent of such worldwide level1 and inserting #i1idj14 7g7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac1 and shall apply with respect to fiscal years beginning on or after such date4 7h7 ,adjustment of status for employment-based immigrants ,section #bde of such ,act 7#h ,u4,s4,c4 #abee7 is amended by adding at the end the following3 7n7 ,adjustment of status for employment-,based immigrants 7#a7 ,petition ,an alien who has status under subparagraph 7,h77i77b71 7,l71 or 7,o77i7 of section #aja7;a77#ae7 or who has status under subparagraph 7,f7 or 7,m7 of such section and who has received optional practical training after completion of the alien's course of study1 and any eligible dependents of such alien1 who has filed a petition or on whose behalf a petition has been filed for immigrant status pursuant to subparagraph 7,e71 7,f71 7,g71 or 7,h7 of section #bjd7;a77#a71 may concurrently1 or at any time thereafter1 file an application with the ,secretary of ,homeland ,security for adjustment of status if such petition has been approved1 regardless of whether an immigrant visa is immediately available at the time the application is filed4 7#b7 ,availability ,an application filed pursuant to paragraph 7#a7 may not be approved until the date on which an immigrant visa becomes available4 4 #ajd4 ,employment creation immigrant visas 7a7 ,changes to the general program 7#a7 ,capital ,section #bjc7;b77#e77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,c77 is amended by adding at the end the following3 7iv7 ,capital defined ,for purposes of this paragraph1 the term capital does not include any assets acquired1 directly or indirectly1 by unlawful means4 4 7#b7 ,inflation adjustment ,such section1 as amended by paragraph 7#a71 is further amended by adding at the end the following3 7v7 ,inflation adjustment 7,i7 ,initial adjustment ,as of the date of enactment of the ,,skills ,visa ,act1 the amount specified in the first sentence of clause 7i7 shall be increased by the percentage 7if any7 by which the ,consumer ,price ,index for the month preceding such enactment date exceeds the ,consumer ,price ,index for the same month of calendar year #aiij4 ,the increase described in the preceding sentence shall apply to aliens filing petitions under section #bjd7;a77#a77;,h7 on or after such enactment date4 7,,ii7 ,subsequent adjustments ,effective for the first fiscal year that begins more than #f months after the date of the enactment of this clause1 and for each fiscal year thereafter1 the amount described in subclause 7,i7 7as of the last increase to such amount7 shall be increased by the percentage 7if any7 by which the ,consumer ,price ,index for the month of ,june preceding the date on which such increase takes effect exceeds the ,consumer ,price ,index for the same month of the preceding calendar year4 ,an increase described in the preceding sentence shall apply to aliens filing petitions under section #bjd7;a77#a77;,h7 on or after the date on which the increase takes effect4 7,,iii7 ,definition ,for purposes of this clause1 the term ,consumer ,price ,index means the ,consumer ,price ,index for all urban consumers published by the ,department of ,labor4 4 7#c7 ,flexibility for job creation time period 7,a7 ,removal of conditional basis if favorable determination ,section #baf;,a7c77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahf;b7c77#c77;,b771 is amended to read as follows3 7,b7 ,removal or extension of conditional basis 7i7 ,in general ,except as provided under clause 7ii71 if the ,secretary of ,homeland ,security determines that such facts and information are true1 including demonstrating that the alien complied with section 7d77#a77;,b77i71 the ,secretary shall so notify the alien involved and shall remove the conditional basis of the alien's status effective as of the second anniversary of the alien's lawful admission for permanent residence4 7ii7 ,exception ,if the petition demonstrates that the facts and information are true1 including demonstrating that the alien is in compliance with section 7d77#a77;,b77ii71 then the ,secretary of ,homeland ,security may in the ,secretary's discretion extend the conditional status for an additional year at the end of which-- 7,i7 the alien must file a petition within #cj days after the third anniversary of the alien's lawful admission for permanent residence demonstrating that the alien complied with section 7d77#a77;,b77i7 and the ,secretary shall remove the conditional basis of the alien's status effective as of such third anniversary2 or 7,,ii7 the conditional status shall terminate4 4 7,b7 ,contents of petition ,section #baf;,a7d77#a7 of such ,act 7#h ,u4,s4,c4 #aahf;b7d77#a77 is amended-- 7i7 by striking and at the end of subparagraph 7,a72 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 7i7 created the employment required under section #bjc7;b77#e77;,a77ii72 or 7ii7 is actively in the process of creating the employment required under section #bjc7;b77#e77;,a77ii7 and will create such employment before the third anniversary of the alien's lawful admission for permanent residence2 and 4 7#d7 ,targeted employment areas 7,a7 ,targeted employment area defined ,section #bjc7;b77#e77;,b77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,b77ii77 is amended by striking 7of at least #aej percent of the national average rate74 7,b7 ,set-aside for targeted employment area ,section #bjc7;b77#e77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#e77;,b77 is amended by adding at the end the following3 7iv7 ,definition ,in this paragraph1 the term an area which has experienced high unemployment means an area which has an unemployment rate of at least #aej of the national average rate4 ,such an area must fit entirely within a geographical unit that the ,secretary of ,labor has determined has an unemployment rate of at least #aej percent of the national average rate 7and which determination has not been superseded by a later determination in which the ,secretary of ,labor has found that the unit did not have an unemployment rate of at least #aej percent of the national average rate74 ,the ,secretary of ,labor shall set forth a uniform methodology for determining whether an area an area qualifies as having experienced unemployment of at least #aej percent of the national average rate4 ,it shall be within the discretion of the ,secretary of ,homeland ,security to determine whether any particular area has experienced high unemployment for purposes of this paragraph1 and the ,secretary shall not be bound by the determination of any other governmental or nongovernmental entity that a particular area has experienced high unemployment for purposes of this paragraph4 4 7b7 ,regional centers 7#a7 ,permanent reauthorization of the regional center pilot program ,section #faj of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiic 7#h ,u4,s4,c4 #aaec note7 is amended-- 7,a7 in the section heading1 by striking ,pilot2 and 7,b7 in subsection 7b71 by striking until ,september #cj1 #bjae4 7#b7 ,persons barred from involvement in regional centers 7,a7 ,prohibition ,such section #faj is amended by adding at the end the following3 7e7 7#a7 ,no person who-- 7,a7 has been convicted of an aggravated felony 7as defined in section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc7772 7,b7 would be inadmissible under section #bab7;a77#c7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#c77 if they were an alien seeking admission2 or 7,c7 has been convicted of violating1 or found to have violated1 a fraud provision of the ,federal securities laws 7as such term is defined under section #c of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c771 shall knowingly be permitted by any regional center to be involved with the regional center as its principal1 representative1 administrator1 owner1 officer1 board member1 manager1 executive1 general partner1 fiduciary1 member1 or in other similar position of substantive authority for the operations1 management1 or promotion of the regional center4 7#b7 ,the ,secretary of ,homeland ,security shall require such attestations and information 7including biometric information71 and shall perform such criminal record checks and other background checks with respect to a regional center1 and persons involved in a regional center as described in paragraph 7#a71 as the ,secretary1 in the ,secretary's discretion1 considers appropriate to determine whether the regional center is in compliance with paragraph 7#a74 7#c7 ,the ,secretary may terminate any regional center from the program under this section if the ,secretary determines that-- 7,a7 the regional center is in violation of paragraph 7#a72 7,b7 the regional center has provided any false attestation or information under paragraph 7#b71 or continues to allow any person who was involved with the regional center as described in paragraph 7#a7 to continue to be involved with the regional center if the regional center knows that the person has provided any false attestation or information under paragraph 7#b72 or 7,c7 the regional center fails to provide an attestation or information requested by the ,secretary under paragraph 7#b71 or continues to allow any person who was involved with the regional center as described in paragraph 7#a7 to continue to be involved with the regional center if the regional center knows that the person has failed to provide an attestation or information requested by the ,secretary under paragraph 7#b74 7#d7 ,for the purpose of this subsection1 the term regional center shall1 in addition to the regional center itself1 include any commercial enterprise or job creating enterprise in which a regional center has invested4 4 7,b7 ,compliance with securities laws ,such section #faj1 as amended by subparagraph 7,a71 is further amended by adding at the end the following3 7f7 7#a7 ,the ,secretary of ,homeland ,security shall not approve an application for regional center designation or regional center amendment that does not certify that the regional center and all parties to the regional center are in and will maintain compliance with ,federal securities laws 7as such term is defined under section #c of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c774 7#b7 ,the ,secretary of ,homeland ,security shall immediately terminate the designation of any regional center that does not provide the certification described in paragraph 7#a7 on an annual basis4 7#c7 ,in addition to any other authority provided to the ,secretary of ,homeland ,security regarding the program described in this section1 the ,secretary may suspend or terminate the designation of any regional center if the ,secretary determines that the regional center1 or any party to the regional center3 7,a7 is permanently or temporarily enjoined by order1 judgment1 or decree of any court of competent jurisdiction in connection with the purchase or sale of a security2 7,b7 is subject to any order of the ,securities and ,exchange ,commission that bars such person from association with an entity regulated by the ,securities and ,exchange ,commission1 or constitutes a final order based on violations in connection with the purchase or sale of a security2 7,c7 has been convicted of violating1 or found to have violated1 a fraud provision of the ,federal securities laws 7as such term is defined under section #c of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c772 or 7,d7 knowingly submitted or caused to be submitted a certification described in paragraphs 7#a7 or 7#b7 of this subsection that contained an untrue statement of material fact1 or omitted to state a material fact necessary1 in order to make the statements made1 in light of the circumstances under which they were made1 not misleading4 7#d7 ,nothing in this subsection shall be construed to impair or limit the authority of the ,securities and ,exchange ,commission under the ,federal securities laws4 7#e7 ,for the purpose of this subsection1 the term party to the regional center shall include1 in addition to the regional center itself1 its agents1 servants1 employees1 attorneys1 or any persons in active concert or participation with the regional center4 4 7c7 ,effective dates 7#a7 ,in general ,except for the amendments made by paragraphs 7#a7 and 7#b7 of subsection 7a71 the amendments made by subsections 7a7 and 7b7 shall take effect on the date of the enactment of this ,act and shall apply-- 7,a7 to aliens filing petitions under section #bjd7;a77#a77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,h77 on or after such date2 7,b7 to a regional center 7and any person involved with or a party to a regional center7 designated before1 on1 or after such date2 and 7,c7 to any application to designate a regional center1 and any person involved with or a party to the regional center1 that is pending on such date4 7#b7 ,definition of capital ,the amendment made by subsection 7a77#a7 shall take effect on the date of the enactment of this ,act4 7#c7 ,inflation adjustment ,the amendment made by subsection 7a77#b7 shall take effect as provided in section #bjc7;b77#e77;,c77v7 of the ,immigration and ,nationality ,act1 as added by subsection 7a77#b7 of this section4 #aje4 ,family-sponsored immigrant visas 7a7 ,worldwide level of family-,sponsored immigrants ,section #bja7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;c77#a77 is amended-- 7#a7 in subparagraph 7,a77i71 by striking #dhj1jjj1 and inserting #dhj1jjj in fiscal years through #bjac1 #eje1jjj beginning in fiscal year #bjad through fiscal year #bjbc1 and #ddj1jjj beginning in fiscal year #bjbd12 and 7#b7 in subparagraph 7,b77ii71 by striking #bbf1jjj4 and inserting #bbf1jjj in fiscal years through #bjac1 #bea1jjj beginning in fiscal year #bjad through fiscal year #bjbc1 and #ahf1jjj beginning in fiscal year #bjbd44 7b7 ,preference allocation for family-,sponsored immigrants ,section #bjc7;a77#b7 of such ,act 7#h ,u4,s4,c4 #aaec7;a77#b77 is amended-- 7#a7 by striking #aad1bjj1 and inserting #aci1bjj12 7#b7 by striking #bbf1jjj1 and inserting #bbf1jjj in fiscal years through #bjac1 #bea1jjj beginning in fiscal year #bjad through fiscal year #bjbc1 and #ahf1jjj beginning in fiscal year #bjbd12 and 7#c7 by striking #gg and inserting #ha4ac4 7c7 ,brothers and sisters of citizens 7#a7 ,in general ,section #bjc7;a7 of such ,act 7#h ,u4,s4,c4 #aaec7;a77 is amended-- 7,a7 in paragraph 7#a71 by striking #bc1djj1 and all that follows through the period at the end and inserting #bc1djj42 and 7,b7 by striking paragraph 7#d74 7#b7 ,classification petitions ,section #bjd7;a77#a77;,a77i7 of such ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,a77i77 is amended by striking 7#a71 7#c71 or 7#d7 and inserting 7#a7 or 7#c74 7d7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac1 and shall apply with respect to fiscal years beginning on or after such date1 except that the amendments made by subsection 7c77#a7 shall take effect on ,october #a1 #bjbc4 #ajf4 ,elimination of diversity immigrant program 7a7 ,worldwide level of diversity immigrants ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting and at the end of paragraph 7#a72 7,b7 by striking 2 and at the end of paragraph 7#b7 and inserting a period2 and 7,c7 by striking paragraph 7#c72 and 7#b7 by striking subsection 7e74 7b7 ,allocation of diversity immigrant visas ,section #bjc of such ,act 7#h ,u4,s4,c4 #aaec7 is amended-- 7#a7 by striking subsection 7c72 7#b7 in subsection 7d71 by striking 7a71 7b71 or 7c71 and inserting 7a7 or 7b712 7#c7 in subsection 7e71 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b72 7#d7 in subsection 7f71 by striking 7a71 7b71 or 7c7 and inserting 7a7 or 7b72 and 7#e7 in subsection 7g71 by striking 7a71 7b71 and 7c7 and inserting 7a7 and 7b74 7c7 ,procedure for granting immigrant status ,section #bjd of such ,act 7#h ,u4,s4,c4 #aaed7 is amended-- 7#a7 by striking subsection 7a77#a77;,i72 and 7#b7 in subsection 7e71 by striking 7a71 7b71 or 7c7 and inserting 7a7 or 7b74 7d7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac1 and shall apply with respect to fiscal years beginning on or after such date4 #ajg4 ,numerical limitation to any single foreign state 7a7 ,in general ,section #bjb7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#b77 is amended-- 7#a7 in the paragraph heading1 by striking and employment-based2 7#b7 by striking 7#c71 7#d71 and 7#e71 and inserting 7#c7 and 7#d712 7#c7 by striking subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 7#d7 by striking #g and inserting #ae2 and 7#e7 by striking such subsections and inserting such section4 7b7 ,conforming amendments ,section #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7 is amended-- 7#a7 in subsection 7a77#c71 by striking both subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 7#b7 by striking subsection 7a77#e72 and 7#c7 by amending subsection 7e7 to read as follows3 7e7 ,special rules for countries at ceiling ,if it is determined that the total number of immigrant visas made available under section #bjc7;a7 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection 7a77#b7 in any fiscal year1 in determining the allotment of immigrant visa numbers to natives under section #bjc7;a71 visa numbers with respect to natives of that state or area shall be allocated 7to the extent practicable and otherwise consistent with this section and section #bjc7 in a manner so that1 except as provided in subsection 7a77#d71 the proportion of the visa numbers made available under each of paragraphs 7#a7 through 7#d7 of section #bjc7;a7 is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section #bjc7;a74 4 7c7 ,country-,specific offset ,section #b of the ,chinese ,student ,protection ,act of #aiib 7#h ,u4,s4,c4 #abee note7 is amended-- 7#a7 in subsection 7a71 by striking subsection 7e77 and inserting subsection 7d772 and 7#b7 by striking subsection 7d7 and redesignating subsection 7e7 as subsection 7d74 7d7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac4 #ajh4 ,physicians 7a7 ,permanent authorization of the ,conrad state #cj program ,section #bbj7;c7 of the ,immigration and ,nationality ,technical ,corrections ,act of #aiid 7,public ,law #ajc-daf2 #h ,u4,s4,c4 #aahb note7 is amended by striking and before ,september #cj1 #bjae4 7b7 ,allotment of ,conrad #cj waivers 7#a7 ,in general ,section #bad7l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7l77 is amended by adding at the end the following3 7#d7 7,a7 7i7 ,a ,state shall be allotted a total of #ce waivers under paragraph 7#a77;,b7 for a fiscal year if #ij percent of the waivers available to the ,state were used in the previous fiscal year4 7ii7 ,when an allotment has occurred under clause 7i71 the ,state shall be allotted an additional #e waivers under paragraph 7#a77;,b7 for each subsequent fiscal year if #ij percent of the waivers available to the ,state were used in the previous fiscal year1 except that if the ,state is allotted #fj or more waivers for a fiscal year1 the ,state shall be eligible for the additional #e waivers under this clause only if #ij percent of the waivers available to all ,states receiving at least #a waiver under paragraph 7#a77;,b7 were used in the previous fiscal year4 7,b7 ,any increase in allotments under subparagraph 7,a7 shall be maintained indefinitely1 unless in a fiscal year1 the total number of such waivers granted is #e percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph1 in which case-- 7i7 the number of waivers allotted shall be decreased by #e for all ,states beginning in the next fiscal year2 and 7ii7 each additional #e percent decrease in such waivers granted from the last year in which there was an increase in the allotment1 shall result in an additional decrease of #e waivers allotted for all ,states1 provided that the number of waivers allotted for all ,states shall not drop below #cj4 4 7#b7 ,academic medical centers ,section #bad7l77#a77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7l77#a77;,d77 is amended-- 7,a7 in clause 7ii71 by striking and at the end2 7,b7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iv7 in the case of a request by an interested ,state agency-- 7,i7 the head of such agency determines that the alien is to practice medicine in1 or be on the faculty of a residency program at1 an academic medical center 7as that term is defined in section #daa4cee7;e77#b7 of title #db1 ,code of ,federal ,regulations1 or similar successor regulation71 without regard to whether such facility is located within an area designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals2 and 7,,ii7 the head of such agency determines that-- 7aa7 the alien physician's work is in the public interest2 and 7bb7 the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such ,state for a fiscal year 7within the limitation in subparagraph 7,b7 and subject to paragraph 7#d77 in accordance with the conditions of this clause to exceed #c4 4 7c7 ,employment protections for physicians 7#a7 ,in general ,section #bad7l77#a77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7l77#a77;,c77 is amended by striking clauses 7i7 and 7ii7 and inserting the following3 7i7 the alien demonstrates a bona fide offer of full-time employment1 at a health care organization1 which employment has been determined by the ,secretary of ,homeland ,security to be in the public interest2 and 7ii7 the alien agrees to begin employment with the health facility or health care organization in a geographic area or areas which are designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals by the later of the date that is #ij days after receiving such waiver1 #ij days after completing graduate medical education or training under a program approved pursuant to section #bab7;j77#a71 or #ij days after receiving nonimmigrant status or employment authorization1 and agrees to continue to work for a total of not less than #c years in any status authorized for such employment under this subsection unless-- 7,i7 the ,secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization1 in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization1 for the remainder of such #c-year period2 7,,ii7 the interested ,state agency that requested the waiver attests that extenuating circumstances exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization so designated by the ,secretary of ,health and ,human ,services1 for the remainder of such #c-year period2 or 7,,iii7 if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause 7,i7 or 7,,ii71 the alien terminates the alien's employment relationship with such facility or organization1 in which case the alien shall be employed for the remainder of such #c-year period1 and #a additional year for each determination1 at another health facility or health care organization in a geographic area or areas which are designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals2 and 4 7#b7 ,contract requirements ,section #bad7l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7l771 as amended by subsection 7b77#a71 is further amended by adding at the end the following3 7#e7 ,an alien granted a waiver under paragraph 7#a77;,c7 shall enter into an employment agreement with the contracting health facility or health care organization that-- 7,a7 specifies the maximum number of on-call hours per week 7which may be a monthly average7 that the alien will be expected to be available and the compensation the alien will receive for on-call time2 7,b7 specifies whether the contracting facility or organization will pay for the alien's malpractice insurance premiums1 including whether the employer will provide malpractice insurance and1 if so1 the amount of such insurance that will be provided2 7,c7 describes all of the work locations that the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the ,federal agency or ,state agency that requested the waiver2 and 7,d7 does not include a non-compete provision4 7#f7 ,an alien granted a waiver under paragraph 7#a77;,c7 whose employment relationship with a health facility or health care organization terminates during the #c-year service period required by such paragraph-- 7,a7 shall have a period of #abj days beginning on the date of such determination of employment to submit to the ,secretary of ,homeland ,security applications or petitions to commence employment with another contracting health facility or health care organization in a geographic area or areas which are designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals2 and 7,b7 shall be considered to be maintaining lawful status in an authorized stay during the #abj-;day period referred to in subparagraph 7,a74 4 7d7 ,amendments to the procedures1 definitions1 and other provisions related to physician immigration 7#a7 ,dual intent for physicians seeking graduate medical training ,section #bad7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;b77 is amended by striking 7other than a nonimmigrant described in subparagraph 7,l7 or 7,v7 of section #aja7;a77#ae71 and other than a nonimmigrant described in any provision of section #aja7;a77#ae77;,h77i7 except subclause 7b#a7 of such section7 and inserting 7other than a nonimmigrant described in subparagraph 7,l7 or 7,v7 of section #aja7;a77#ae71 a nonimmigrant described in any provision of section #aja7;a77#ae77;,h77i71 except subclause 7b#a7 of such section1 and an alien coming to the ,united ,states to receive graduate medical education or training as described in section #bab7;j7 or to take examinations required to receive graduate medical education or training as described in section #bab7;j774 7#b7 ,allowable visa status for physicians fulfilling waiver requirements in medically underserved areas ,section #bad7l77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7l77#b77;,a77 is amended by striking an alien described in section #aja7;a77#ae77;,h77i77b74 and inserting any status authorized for employment under this ,act44 7#c7 ,physician national interest waiver clarifications 7,a7 ,practice and geographic area ,section #bjc7;b77#b77;,b77ii77,i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#b77;,b77ii77,i77 is amended by striking items 7aa7 and 7bb7 and inserting the following3 7aa7 the alien physician agrees to work on a full-time basis practicing primary care1 specialty medicine1 or a combination thereof1 in an area or areas designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals1 or at a health care facility under the jurisdiction of the ,secretary of ,veterans ,affairs2 or 7bb7 the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the ,secretary of ,health and ,human ,services as having a shortage of health care professionals 7without regard to whether such facility or facilities are located within such an area7 and a ,federal agency1 or a local1 county1 regional1 or ,state department of public health determines the alien physician's work was or will be in the public interest4 4 7,b7 ,five-year service requirement ,section #bjc7;b77#b77;,b77ii77,,ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;,b77ii77,,ii77 is amended-- 7i7 by inserting 7aa7 after 7,,ii72 and 7ii7 by adding at the end the following3 7bb7 ,the #e-year service requirement of item 7aa7 shall be counted from the date the alien physician begins work in the shortage area in any legal status and not the date an immigrant visa petition is filed or approved4 ,such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education4 7cc7 ,an alien physician shall not be required to submit an employment contract with a term exceeding the balance of the #e-year commitment yet to be served1 nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection4 7dd7 ,an alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition4 4 7#d7 ,technical clarification regarding advanced degree for physicians ,section #bjc7;b77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#b77;,a77 is amended by adding at the end the following3 ,an alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited ,united ,states medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent44 7#e7 ,short-term work authorization for physicians completing their residencies ,a physician completing graduate medical education or training as described in section #bab7;j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;j77 as a nonimmigrant described section #aja7;a77#ae77;,h77i7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77 shall have such nonimmigrant status automatically extended until ,october #a of the fiscal year for which a petition for a continuation of such nonimmigrant status has been submitted in a timely manner and where the employment start date for the beneficiary of such petition is ,october #a of that fiscal year4 ,such physician shall be authorized to be employed incident to status during the period between the filing of such petition and ,october #a of such fiscal year4 ,however1 the physician's status and employment authorization shall terminate #cj days from the date such petition is rejected1 denied or revoked4 ,a physician's status and employment authorization will automatically extend to ,october #a of the next fiscal year if all visas as described in such section #aja7;a77#ae77;,h77i7 authorized to be issued for the fiscal year have been issued4 7#f7 ,applicability of section #bab7;e7 to spouses and children of ,j-#a exchange visitors ,a spouse or child of an exchange visitor described in section #aja7;a77#ae77;,j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,j77 shall not be subject to the requirements of section #bab7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;e774 7e7 ,effective date ,the amendments made by subsections 7a7 and 7c7 shall take effect on the date of the enactment of this ,act and shall apply to aliens granted waivers before1 on1 or after the date of the enactment of this ,act4 ,subsection 7d71 and the amendments made by subsections 7b7 and 7d71 shall take effect on ,october #a1 #bjac4 #aji4 ,permanent priority dates 7a7 ,in general ,section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7 is amended by adding at the end the following3 7i7 ,permanent priority dates 7#a7 ,in general ,subject to subsection 7h77#c7 and paragraph 7#b71 the priority date for any employment-based petition shall be the date of filing of the petition with the ,secretary of ,homeland ,security 7or the ,secretary of ,state1 if applicable71 unless the filing of the petition was preceded by the filing of a labor certification with the ,secretary of ,labor1 in which case that date shall constitute the priority date4 7#b7 ,subsequent employment-based petitions ,subject to subsection 7h77#c71 an alien who is the beneficiary of any employment-based petition that was approvable when filed 7including self-petitioners7 shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed employment-based petition 7including self-petitions74 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,october #a1 #bjac1 and shall apply to aliens who are a beneficiary of a classification petition pending on or after such date4 #aaj4 ,set-aside for health care workers ,section #bjc7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#c771 as amended by this ,act1 is further amended-- 7#a7 in subparagraph 7,a71 by inserting after clause 7iii7 the following3 7iv7 ,health care workers ,qualified immigrants who are required to submit health care worker certificates pursuant to section #bab7;a77#e77;,c7 or certified statements pursuant to section #bab7r7 and will be working in a rural area or a health professional shortage area 7as defined in section #ccb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;e774 2 and 7#b7 by adding at the end the following3 7,d7 ,set aside for health care workers 7i7 ,in general ,not less than #d1jjj of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants described in subparagraph 7,a77iv74 7ii7 ,unused visas ,if the number of visas reserved under clause 7i7 has not been exhausted at the end of a given fiscal year1 the ,secretary of ,homeland ,security shall adjust upwards the numerical limitation in subparagraph 7,a7 for that fiscal year by the amount remaining4 ,visas may be issued pursuant to such adjustment within the first #de days of the next fiscal year to aliens who had applied for such visas during the fiscal year for which the adjustment was made4 4 ,,ii ,nonimmigrant ,visa ,reforms #bja4 ,h-#a;,b visas 7a7 ,increase in ,h-#a;,b visa numerical limit ,section #bad7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 in clause 7vi71 by striking and at the end2 7,b7 by amending clause 7vii7 to read as follows3 7vii7 #fe1jjj in fiscal years #bjjd through #bjac2 and 2 and 7,c7 by adding at the end the following3 7viii7 #aee1jjj in each succeeding fiscal year2 or 2 and 7#b7 by amending paragraph 7#e77;,c7 to read as follows3 7,c7 meets the requirements of paragraph 7#f77;,a7 or 7#g77;,a7 of section #bjc7;b71 until the number of aliens who are exempted from such numerical limitation during such year exceeds #dj1jjj4 4 7b7 ,wage level ,section #bab7n77#a77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a77;,a77i77 is amended-- 7#a7 by striking 1 and at the end and inserting 2 or2 7#b7 by redesignating subclauses 7,i7 and 7,,ii7 as items 7aa7 and 7bb71 respectively2 7#c7 by striking 7i7 and inserting 7i77,i72 7#d7 by inserting except as provided in subclause 7,,ii71 before is offering2 and 7#e7 by adding at the end the following3 7,,ii7 if #hj percent or more of the employer's workers in the same occupational classification as the alien admitted or provided status as an ,h-#a;,b nonimmigrant and in the same area of employment as the alien admitted or provided status as an ,h-#a;,b nonimmigrant are ,united ,states workers 7as defined in paragraph 7#d771 is offering and will offer during the period of authorized employment to aliens admitted or provided status as an ,h-#a;,b nonimmigrant wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question 7but1 in the case of an employer with more than #be employees1 in no event shall such wages be lower than the mean of the lowest one-half of wages surveyed pursuant to subsection 7p77#e772 and 4 7c7 ,spousal employment ,section #bad7;c77#b77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77;,e77 is amended by striking #aja7;a77#ae77,l71 and inserting subparagraph 7,h77i77b71 7,h77i77b#a71 7,e77iii71 or 7,l7 of section #aja7;a77#ae74 7d7 ,anti-,fraud measures 7#a7 ,foreign degrees 7,a7 ,specialty occupation ,section #bad7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;i77 is amended by adding at the end the following3 7#d7 7,a7 ,for purposes of paragraphs 7#a77;,b7 and 7#c77;,b71 the term bachelor's or higher degree includes a foreign degree that is a recognized foreign equivalent of a bachelor's or higher degree4 7,b7 7i7 ,in the case of an alien with a foreign degree1 any determination with respect to the equivalence of that degree to a degree obtained in the ,united ,states shall be made by the ,secretary of ,state4 7ii7 ,in carrying out the preceding clause1 the ,secretary of ,state shall verify the authenticity of any foreign degree proffered by an alien4 ,the ,secretary of ,state may enter into contracts with public or private entities in conducting such verifications4 7iii7 ,in addition to any other fees authorized by law1 the ,secretary of ,state may impose a fee on an employer filing a petition under subsection 7c77#a7 initially to grant an alien nonimmigrant status described in section #aja7;a77#ae77;,h77i77b71 if a determination or verification described in clause 7i7 or 7ii7 is required with respect to the petition4 ,fees collected under this clause shall be deposited in the ,treasury in accordance with section #bhf7t74 4 7,b7 ,h-#a;,b educational credential verification account ,section #bhf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7 is amended by adding at the end the following3 7w7 ,h-#a;,b educational credential verification account ,there is established in the general fund of the ,treasury a separate account1 which shall be known as the ,h-#a;,b ,educational ,credential ,verification ,account4 ,notwithstanding any other provision of law1 there shall be deposited as offsetting receipts into the account all fees collected under section #bad7;i77#d77;,b77iii74 ,amounts deposited into the account shall remain available to the ,secretary of ,state until expended to carry out section #bad7;i77#d77;,b74 4 7#b7 ,investigations ,the first sentence of subsection 7n77#b77;,f71 and the first sentence of subsection 7t77#c77;,e7 7as added by section #djb7;b77#b7 of ,public ,law #ajh-gg 7#aag ,stat4 #ida771 of section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 are each amended by striking investigations and all that follows through the period at the end and inserting the following3 investigations4 ,an employer who has been subject to #b random investigations may not be subject to another random investigation within #d years of the second investigation unless the employer was found in the previous investigations or otherwise to have committed a willful failure to meet a condition of paragraph 7#a7 7or has been found under paragraph 7#e7 to have committed willful failure to meet the condition of paragraph 7#a77;,g77i77,,ii77 or to have made a willful misrepresentation of material fact in an application44 7#c7 ,bona fide businesses ,section #bad7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77 is amended by adding at the end the following3 7#ae7 ,the ,secretary of ,homeland ,security may not approve any petition under paragraph 7#a7 filed by an employer with respect to an alien seeking to obtain the status of a nonimmigrant under subclause 7b7 or 7b#a7 of section #aja7;a77#ae77;,h77i7 and the ,secretary of ,state may not approve a visa with respect to an alien seeking to obtain the status of a nonimmigrant under subparagraph 7,e77iii7 or 7,h77i77b#a7 of section #aja7;a77#ae7 unless-- 7,a7 the employer-- 7i7 is an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 or a governmental or nonprofit entity2 or 7ii7 maintains a place of business in the ,united ,states that is licensed in accordance with any applicable ,state or local business licensing requirements and is used exclusively for business purposes2 and 7,b7 the employer-- 7i7 is a governmental entity2 7ii7 has aggregate gross assets with a value of not less than #ej1jjj-- 7,i7 in the case of an employer that is a publicly held corporation1 as determined using its most recent report filed with the ,securities and ,exchange ,commission2 or 7,,ii7 in the case of any other employer1 as determined as of the date on which the petition is filed under regulations promulgated by the ,secretary of ,homeland ,security2 or 7iii7 provides appropriate documentation of business activity under regulations promulgated by the ,secretary of ,homeland ,security4 4 7#d7 ,subpoena authority 7,a7 ,h-#a;,b application ,section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended by adding at the end the following3 7,j7 ,the ,secretary of ,labor is authorized to issue subpoenas as may be necessary to assure employer compliance with the terms and conditions of this subsection4 4 7,b7 ,attestation with respect to other nonimmigrant employees ,section #bab7t77#c7 of such ,act 7#h ,u4,s4,c4 #aahb7t77#c77 7as added by section #djb7;b77#b7 of ,public ,law #ajh-gg 7#aag ,stat4 #ida77 is amended by adding at the end the following3 7,g7 ,the ,secretary of ,labor is authorized to issue subpoenas as may be necessary to assure employer compliance with the terms and conditions of this subsection4 4 7e7 ,b visas in lieu of ,h-#a;,b visas ,section #bad7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77 is amended by adding at the end the following3 7#ab7 ,notwithstanding any other provision of this ,act1 any alien admitted or provided status as a nonimmigrant in order to provide services in a specialty occupation described in paragraph 7#a7 or 7#c7 of subsection 7i7 7other than services described in subparagraph 7,h77ii77a71 7,o71 or 7,p7 of section #aja7;a77#ae77 or as a fashion model shall have been issued a visa 7or otherwise been provided nonimmigrant status7 under subclause 7b7 or 7b#a7 of section #aja7;a77#ae77;,h77i7 or section #aja7;a77#ae77;,e77iii74 4 7f7 ,effective dates 7#a7 ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to aliens issued visas or otherwise provided with nonimmigrant status under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b77 beginning in fiscal year #bjad4 7#b7 ,the amendments made by subsection 7b7 shall take effect on the date of the enactment of this ,act and shall apply to the spouses of aliens issued visas or otherwise provided with nonimmigrant status under subparagraph 7,h77i77b71 7,h77i77b#a71 or 7,e77iii7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act before1 on1 or after such date4 7#c7 ,the amendments made by paragraphs 7#a7 and 7#c7 of subsection 7c7 shall take effect on the date of the enactment of this ,act and shall apply to petitions filed under section #bad7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77 on or after such date and to visa applications filed on or after such date where no petition was filed because none was required under subparagraph 7,h77i77b#a7 or 7,e77iii7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 7#d7 ,the amendments made by paragraphs 7#b7 and 7#d7 of subsection 7c7 shall take effect on the date of the enactment of this ,act and shall apply to employers of aliens issued visas or otherwise provided with nonimmigrant status under subparagraph 7,h77i77b71 7,h77i77b#a71 or 7,e77iii7 section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 before1 on1 or after such date4 7#e7 ,the amendment made by subsection 7d7 shall take effect on the date of the enactment of this ,act and shall apply to aliens admitted or provided status as nonimmigrants on or after such date4 #bjb4 ,l visas 7a7 ,in general ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended by adding at the end the following3 7,g7 7i7 ,an employer of an alien who will serve in a capacity for the employer involving specialized knowledge under section #aja7;a77#ae77,l7 for a cumulative period of time in excess of #f months over a #b-year period-- 7,i7 7aa7 except as provided in item 7bb71 will offer to the alien during the period of authorized employment wages that are at least-- 7,,aa7 the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question2 or 7,,bb7 the prevailing wage level for the occupational classification in the area of employment1 whichever is greater1 based on the best information available2 or 7bb7 if #hj percent or more of the employer's workers in the same occupational classification as the alien and in the same area of employment as the alien are ,united ,states workers 7as defined in section #bab7n77#d771 will offer to the alien during the period of authorized employment wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question2 and 7,,ii7 will provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed4 7ii7 ,in complying with the requirements of clause 7i71 an employer may keep the alien on their home country payroll1 and may take into account the value of wages paid by the employer to the alien in the currency of the alien's home country1 the value of benefits paid by the employer to the alien in the alien's home country1 employer-provided housing or housing allowances1 employer-provided vehicles or transportation allowances1 and other benefits provided to the alien as an incident of the assignment in the ,united ,states4 7iii7 ,the ,secretary of ,labor shall have the same investigatory and enforcement powers to ensure compliance with this subparagraph as are set forth in section #bab7n77#b74 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to employers with respect to aliens issued visas or otherwise provided nonimmigrant status under section #aja7;a77#ae77,l7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,l77 on or after such date4 #bjc4 ,o visas 7a7 ,portability of o visas ,the first sentence of section #bad7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7n77#a77 is amended-- 7#a7 by striking section #aja7;a77#ae77;,h77i77b7 and inserting subparagraphs 7,h77i77b7 and 7,o77i7 of section #aja7;a77#ae72 and 7#b7 by inserting under such sections after new employment4 7b7 #c-,year waiver of new ,o-#a consultations for arts and motion pictures and television and transparency for ,o-#a visas for motion pictures and television 7#a7 ,in general ,section #bad7;c77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#c77 is amended-- 7,a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7,b7 by striking the first two sentences of the matter that follows subparagraph 7,b7 and inserting the following3 ,in the case of an alien seeking entry for a motion picture or television production1 7i7 any opinion under the previous sentence shall only be advisory1 7ii7 any such opinion that recommends denial must be in writing1 7iii7 in making the decision the ,secretary of ,homeland ,security shall consider the exigencies and scheduling of the production1 7iv7 the ,secretary of ,homeland ,security shall append to the decision any such opinion1 and 7v7 upon making the decision1 the ,secretary of ,homeland ,security shall immediately provide a copy of the decision to the consulting labor and management organizations4 ,the ,secretary of ,homeland ,security shall provide by regulation for the waiver of the consultation requirement under subparagraph 7,a7 in the case of aliens who have been admitted as nonimmigrants under section #aja7;a77#ae77,o77i7 because of extraordinary ability in the arts or extraordinary achievement in motion picture or television production and who seek readmission to perform similar services within #c years after the date of a consultation under such subparagraph provided that1 in the case of aliens admitted because of extraordinary achievement in motion picture or television production1 such waiver shall apply only if the prior consultations by the appropriate union and management organization were favorable or raised no objection to the approval of the petition44 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act and shall apply to petitions filed under section #bad7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77 on or after such date and to consultation decisions made before1 on1 or after such date4 #bjd4 ,mexican and ,canadian professionals ,section #bad7;e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;e77 is amended by adding at the end the following3 7#g7 7,a7 ,an employer of a ,mexican or ,canadian professional under this subsection-- 7i7 7,i7 except as provided in subclause 7,,ii71 will offer to the alien during the period of authorized employment wages that are at least-- 7aa7 the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question2 or 7bb7 the prevailing wage level for the occupational classification in the area of employment1 whichever is greater1 based on the best information available2 or 7,,ii7 if #hj percent or more of the employer's workers in the same occupational classification as the alien and in the same area of employment as the alien are ,united ,states workers 7as defined in section #bab7n77#d771 will offer to the alien during the period of authorized employment wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question 7but1 in the case of an employer with more than #be employees1 in no event shall such wages be lower than the mean of the lowest one-half of wages surveyed pursuant to section #bab7p77#e772 and 7ii7 will provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed4 7,b7 ,the ,secretary of ,labor shall have the same investigatory and enforcement powers to ensure compliance with this paragraph as are set forth in section #bab7n77#b74 4 #bje4 ,h-#a;,b#a and ,e-#c visas ,section #bab7t77#a77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7t77#a77;,a77i77 7as added by section #djb7;b77#b7 of ,public ,law #ajh-gg 7#aag ,stat4 #ida77 is amended-- 7#a7 by striking 2 and at the end and inserting 2 or2 7#b7 by redesignating subclauses 7,i7 and 7,,ii7 as items 7aa7 and 7bb71 respectively2 7#c7 by striking 7i7 and inserting 7i77,i72 7#d7 by inserting except as provided in subclause 7,,ii71 before is offering2 and 7#e7 by adding at the end the following3 7,,ii7 if #hj percent or more of the employer's workers in the same occupational classification as the alien admitted or provided status under section #aja7;a77#ae77;,h77i77b#a7 or #aja7;a77#ae77;,e77iii7 and in the same area of employment as the alien admitted or provided status under section #aja7;a77#ae77;,h77i77b#a7 or #aja7;a77#ae77;,e77iii7 are ,united ,states workers 7as defined in subsection 7n77#d771 is offering and will offer during the period of authorized employment to aliens admitted or provided status under section #aja7;a77#ae77;,h77i77b#a7 or section #aja7;a77#ae77;,e77iii7 wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question 7but1 in the case of an employer with more than #be employees1 in no event shall such wages be lower than the mean of the lowest one-half of wages surveyed pursuant to subsection 7p77#e772 and 4 #bjf4 ,students 7a7 ,dual intent 7#a7 ,in general ,section #aja7;a77#ae77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77 is amended to read as follows3 7,f7 an alien-- 7i7 who-- 7,i7 is a bona fide student qualified to pursue a full course of study in a field of science1 technology1 engineering1 or mathematics 7as defined in section #bjc7;b77#f77;,b77ii77 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 #bad7m7 at an institution of higher education 7as described in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 or a proprietary institution of higher education 7as defined in section #ajb7;b7 of such ,act 7#bj ,u4,s4,c4 #ajjb7;b777 in the ,united ,states1 particularly designated by the alien and approved by the ,secretary of ,homeland ,security1 after consultation with the ,secretary of ,education1 which institution shall have agreed to report to the ,secretary of ,homeland ,security the determination of attendance of each nonimmigrant student1 and if any such institution fails to make reports promptly the approval shall be withdrawn2 or 7,,ii7 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 7,i72 7ii7 who-- 7,i7 has a residence in a foreign country which the alien has no intention of abandoning1 who is a bona fide student qualified to pursue a full course of study1 and who seeks to enter the ,united ,states temporarily and solely for the purpose of pursuing such a course of study consistent with section #bad7m7 at an established college1 university1 seminary1 conservatory1 academic high school1 elementary school1 or other academic institution or in a language training program in the ,united ,states1 particularly designated by the alien and approved by the ,secretary of ,homeland ,security1 after consultation with the ,secretary of ,education1 which institution of learning or place of study shall have agreed to report to the ,secretary of ,homeland ,security the determination of attendance of each nonimmigrant student1 and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn2 or 7,,ii7 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 7,i72 7iii7 who is the spouse or minor child of an alien described in clause 7i7 or 7ii7 if accompanying or following to join such an alien2 or 7iv7 who is a national of ,canada or ,mexico1 who maintains actual residence and place of abode in the country of nationality1 who is described in clause 7i7 or 7ii7 except that the alien's qualifications for and actual course of study may be full or part-time1 and who commutes to the ,united ,states institution or place of study from ,canada or ,mexico2 4 7#b7 ,admission ,section #bad7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;b771 as amended by section #ajh7;d77#a7 of this ,act1 is further amended by striking 7,l7 or 7,v7 inserting 7,f77i71 7,l71 or 7,v74 7#c7 ,conforming amendment ,section #bad7m77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7m77#a77 is amended1 in the matter preceding subparagraph 7,a71 by striking 7i7 or 7iii7 and inserting 7i71 7ii71 or 7iv74 7b7 ,optional practical training for foreign students ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 7#a7 ,an employer providing optional practical training to an alien who has been issued a visa or otherwise provided nonimmigrant status under subparagraph 7,f7 or 7,m7 of section #aja7;a77#ae7 after completion of the alien's course of study-- 7,a7 7i7 except as provided in clause 7ii71 shall offer to the alien during the period of optional practical training wages that are at least-- 7,i7 the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question2 or 7,,ii7 the prevailing wage level for the occupational classification in the area of employment1 whichever is greater1 based on the best information available2 or 7ii7 if #hj percent or more of the employer's workers in the same occupational classification as the alien and in the same area of employment as the alien are ,united ,states workers 7as defined in section #bab7n77#d771 shall offer to the alien during the period of authorized employment wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question 7but1 in the case of an employer with more than #be employees1 in no event shall such wages be lower than the mean of the lowest one-half of wages surveyed pursuant to section #bab7p77#e772 and 7,b7 shall provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed4 7#b7 ,the ,secretary of ,labor has the same investigatory and enforcement powers to ensure compliance with paragraph 7#a7 as are set forth in section #bab7n77#b74 4 7c7 ,effective dates 7#a7 ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act1 and shall apply to nonimmigrants who possess or are granted status under section #aja7;a77#ae77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a777#ae77;,f77 on or after such date4 7#b7 ,the amendment made by subsection 7b7 shall apply to employers with respect to aliens who begin post-course of study optional practical training with them on or after the date of the enactment of this ,act4 #bjg4 ,extension of employment eligibility while visa extension petition pending 7a7 ,in general ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd1 as amended by section #bje7;b71 is further amended by adding at the end the following3 7t7 ,a nonimmigrant issued a visa or otherwise provided nonimmigrant status under subparagraph 7,a71 7,e71 7,g71 7,h71 7,i71 7,j71 7,l71 7,o71 7,p71 7,q71 or 7,r7 of section #aja7;a77#ae71 or section #bad7;e71 and otherwise as the ,secretary of ,homeland ,security may by regulations prescribe1 whose status has expired but who has1 or whose sponsoring employer or authorized agent has1 filed a timely application or petition for an extension of authorized status as provided under this section1 is authorized to continue employment with the same employer for a period not to exceed #bdj days beginning on the date of the expiration of the authorized period of stay until and unless the application or petition is denied4 ,such authorization shall be subject to the same conditions and limitations noted on the original authorization4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to aliens issued visas or otherwise provided nonimmigrant status before1 on1 or after such date4 #bjh4 ,fraud detection and prevention fee ,section #bad7;c77#ab77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#ab77;,a77 is amended by adding at the end the following3 ,the ,secretary of ,homeland ,security shall also impose the fee described in the preceding sentence on an employer filing an attestation under section #bab7t77#a7 or employing an alien pursuant to subsection 7e74 4 #bji4 ,technical correction ,the second subsection designated as subsection 7t7 of section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 7as added by section #a7;b77#b77;,b7 of ,public ,law #ajh-ddi 7#aah ,stat4 #cdgj77 is redesignated as subsection 7u7 of such section4 ,,iii ,reforms ,affecting ,both ,immigrant and ,nonimmigrant ,visas #cja4 ,prevailing wages 7a7 ,in general ,section #bab7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7p77 is amended-- 7#a7 in paragraph 7#a71 by striking subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 and inserting subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 of this section1 and subsections 7c77#b77;,g71 7e71 and 7s7 of section #bad12 7#b7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,in computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 of this section1 and subsections 7c77#b77;,g71 7e71 and 7s7 of section #bad1 the wage level shall be the wage level specified in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#e7 depending on the experience1 education1 and level of supervision required for the position4 2 7#d7 in paragraph 7#d7 7as redesignated71 by striking subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 and inserting subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 of this section1 and subsections 7c77#b77;,g71 7e71 and 7s7 of section #bad12 7#e7 by amending paragraph 7#e7 7as redesignated7 to read as follows3 7#e7 ,subject to paragraph 7#b71 the ,secretary of ,labor shall make available to employers a governmental survey to determine the prevailing wage for each occupational classification by metropolitan statistical area in the ,united ,states4 ,such survey1 or other survey approved by the ,secretary of ,labor1 shall provide #c levels of wages commensurate with experience1 education1 and level of supervision4 ,such wage levels shall be determined as follows3 7,a7 ,the first level shall be the mean of the lowest two-thirds of wages surveyed1 but in no case less than #hj percent of the mean of the wages surveyed4 7,b7 ,the second level shall be the mean of wages surveyed4 7,c7 ,the third level shall be the mean of the highest two-thirds of wages surveyed4 2 and 7#f7 by adding at the end the following3 7#f7 ,an employer may use an independent authoritative survey approved by the ,secretary of ,labor for purposes of paragraph 7#e71 if-- 7,a7 the survey data was collected within #bd months2 7,b7 the survey was published within the prior #bd months2 7,c7 the survey reflects the area of intended employment2 7,d7 the employer's job description adequately matches the job description in the survey2 7,e7 the survey is across industries that employ workers in the occupation2 7,f7 the wage determination is based on the arithmetic mean 7weighted average72 and 7,g7 the survey identifies a statistically valid methodology that was used to collect the data4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act1 and shall apply to employers with regard to labor certifications under sections #bab7;a77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#e77;,a771 labor condition applications under section #bab7n77#a7 of such ,act 7#h ,u4,s4,c4 #aahb7n77#a771 and attestations under section #bab7t77#a7 of such ,act 7#h ,u4,s4,c4 #aahb7t77#a771 filed on or after such date1 to employers with regard to aliens issued visas or otherwise provided nonimmigrant status under section #aja7;a77#ae77,l7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,l77 on or after such date1 and to employers with regard to aliens they provide post-course of study optional practical training that begins on or after such date4 #cjb4 ,streamlining petitions for established employers 7a7 ,in general ,section #bad7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c771 as amended by this ,act1 is further amended by adding at the end the following3 7#af7 ,the ,secretary of ,homeland ,security shall establish a pre-certification procedure for employers who file multiple petitions described in this subsection or section #bjd7;a77#a77;,f74 ,such precertification procedure shall enable an employer to avoid repeatedly submitting documentation that is common to multiple petitions and establish1 through a single filing1 criteria relating to the employer and the offered employment opportunity4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act1 and shall apply to petitions filed under section #bjd7;a77#a77;,f7 or #bad7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,f7 or #aahd7;c77 beginning #ahj days after such date4 ,december #ae1 #bjad ,reported from the ,committee on the ,judiciary with an amendment ,december #ae1 #bjad ,the ,committee on ,education and the ,workforce discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed