,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ddfg ,,in ,,the ,,house ,,of ,,representatives ,april #aj1 #bjad ,mr4 ,capuano introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to provide for visas for certain advanced ,,stem graduates1 and for other purposes4 #a4 ,short title ,this ,act may be cited as-- 7#a7 the ,best ,return on ,america's ,investment ,now ,act2 or 7#b7 the ,,brain ,act4 #b4 ,immigrant visas for certain advanced ,,stem graduates 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-- 7#a7 by redesignating paragraph 7#f7 as paragraph 7#g72 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 #aj percent of such worldwide level1 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 education2 and 7ii7 have taken all doctoral 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 ,states4 7,b7 ,definitions ,for purposes of this paragraph3 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 mathematics and statistics1 and physical sciences4 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 and 7,,ii7 was classified by the ,carnegie ,foundation for the ,advancement of ,teaching on ,january #a1 #bjab1 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 activity4 4 7b7 ,procedure for granting immigrant status ,section #bjd7;a77#a77;,e7 of such ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,e77 is amended-- 7#a7 by striking 7,e7 and inserting 7,e77i72 7#b7 by striking #bjc7;b77#a77;,a71 and inserting #bjc7;b77#a77;,a7 or #bjc7;b77#f712 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 section #bjc7;b77#f73 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 7c7 ,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 and inserting #be4gd4 7d7 ,,gao study ,not later than ,june #cj1 #bjah1 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 7e7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjad1 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;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77;,e77 relating to alien beneficiaries qualifying under section #bjc7;b77#f7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77#f77 7as added by this section74 #c4 ,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 by striking subsections 7a7 and 7b7 and inserting subsection 7a71 and paragraphs 7#c71 7#d71 and 7#e7 of subsection 7b712 7#b7 by striking such subsections and inserting such provisions4 7b7 ,rules for employment-,based immigrants ,section #bjb7;a77#e7 of such ,act 7#h ,u4,s4,c4 #aaeb7;a77#e77 is amended-- 7#a7 in subparagraph 7,a71 by striking 7#a71 7#b71 7#c71 7#d71 or 7#e7 and inserting 7#c71 7#d71 or 7#e72 and 7#b7 in subparagraph 7,b7-- 7,a7 by inserting paragraphs 7#c71 7#d71 and 7#e7 of before section #bjc7;b7 exceeds2 and 7,b7 by striking section #bjc7;b7 consistent and inserting such paragraphs consistent4 7c7 ,special rules for countries at ceiling ,section #bjb7;e7 of such ,act 7#h ,u4,s4,c4 #aaeb7;e77 is amended-- 7#a7 by striking subsections 7a7 and 7b7 each place such term appears and inserting subsection 7a71 and paragraphs 7#c71 7#d71 and 7#e7 of subsection 7b712 and 7#b7 by striking 7#a7 through 7#e7 and inserting 7#c71 7#d71 and 7#e74 7d7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjad1 and shall apply with respect to fiscal years beginning on or after such date4 #d4 ,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 #bjad1 and shall apply to aliens who are a beneficiary of a classification petition pending on or after such date4