,,ii #aacth ,,congress #ast ,session ,s4 #afi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bi1 #bjac ,mr4 ,hatch 7for himself1 ,ms4 ,klobuchar1 ,mr4 ,rubio1 ,mr4 ,coons1 ,mr4 ,flake1 ,mrs4 ,shaheen1 ,mr4 ,heller1 ,mr4 ,blumenthal1 ,mr4 ,hoeven1 ,mr4 ,warner1 ,mr4 ,nelson1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to authorize additional visas for well-educated aliens to live and work in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,immigration ,innovation ,act of #bjac or the ,i-,squared ,act of #bjac4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,,title ,i--,employment-,based ,nonimmigrant ,visas ,sec4 #aja4 ,market-based ,h-#a;,b visa limits4 ,sec4 #ajb4 ,employment authorization for dependents of ,h-#a;,b nonimmigrants4 ,sec4 #ajc4 ,eliminating impediments to worker mobility4 ,,title ,,ii--,student ,visas ,sec4 #bja4 ,authorization of dual intent4 ,,title ,,iii--,employment-,based ,immigrant ,visas ,sec4 #cja4 ,elimination of per-country numerical limitations4 ,sec4 #cjb4 ,recapturing lost employment-based immigrant visas4 ,sec4 #cjc4 ,aliens not subject to direct numerical limitation4 ,,title ,,iv--,,stem ,education ,funding ,sec4 #dja4 ,funding for ,,stem education and training4 ,sec4 #djb4 ,promoting ,american ,ingenuity ,account4 ,sec4 #djc4 ,,stem education grant application process4 ,sec4 #djd4 ,approved activities4 ,sec4 #dje4 ,national evaluation4 ,sec4 #djf4 ,rule of construction4 ,i ,employment-,based ,nonimmigrant ,visas #aja4 ,market-based ,h-#a;,b visa limits 7a7 ,in general ,section #bad7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking 7beginning with fiscal year #aiib72 and 7,b7 by amending subparagraph 7,a7 to read as follows3 7,a7 under section #aja7;a77#ae77;,h77i77b7 may not exceed the sum of-- 7i7 the base allocation calculated under paragraph 7#i77;,a72 and 7ii7 the allocation adjustment calculated under paragraph 7#i77;,b72 and 2 7#b7 in paragraph 7#e7-- 7,a7 in subparagraph 7,b71 by striking or at the end2 and 7,b7 in subparagraph 7,c71 by striking 1 until the number of aliens who are exempted from such numerical limitation during such year exceeds #bj1jjj4 and inserting 2 or2 7#c7 in paragraph 7#h71 by striking subparagraphs 7,b77iv7 and 7,d72 7#d7 by redesignating paragraph 7#aj7 as subparagraph 7,d7 of paragraph 7#i72 7#e7 by redesignating paragraph 7#i7 as paragraph 7#aj72 and 7#f7 by inserting after paragraph 7#h7 the following3 7#i7 7,a7 ,the base allocation of nonimmigrant visas under section #aja7;a77#ae77;,h77i77b7 for each fiscal year shall be equal to-- 7i7 the sum of-- 7,i7 the base allocation for the most recently completed fiscal year2 and 7,,ii7 the allocation adjustment for the most recently completed fiscal year2 7ii7 if the number calculated under clause 7i7 is less than #aae1jjj1 #aae1jjj2 or 7iii7 if the number calculated under clause 7i7 is more than #cjj1jjj1 #cjj1jjj4 7,b7 7i7 ,if the number of cap-subject nonimmigrant visa petitions approved under section #aja7;a77#ae77;,h77i77b7 during the first #de days petitions may be filed for a fiscal year is equal to the base allocation for such fiscal year1 an additional #bj1jjj such visas shall be made available beginning on the #dfth day on which petitions may be filed for such fiscal year4 7ii7 ,if the base allocation of cap-subject nonimmigrant visa petitions approved under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is reached during the #ae-;day period ending on the #fjth day on which petitions may be filed for such fiscal year1 an additional #ae1jjj such visas shall be made available beginning on the #fast day on which petitions may be filed for such fiscal year4 7iii7 ,if the base allocation of cap-subject nonimmigrant visa petitions approved under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is reached during the #cj-;day period ending on the #ijth day on which petitions may be filed for such fiscal year1 an additional #aj1jjj such visas shall be made available beginning on the #iast day on which petitions may be filed for such fiscal year4 7iv7 ,if the base allocation of cap-subject nonimmigrant visa petitions approved under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is reached during the #ahe-;day period ending on the #bgeth day on which petitions may be filed for such fiscal year1 an additional #e1jjj such visas shall be made available beginning on the date on which such allocation is reached4 7v7 ,if the number of cap-subject nonimmigrant visa petitions approved under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is at least #e1jjj fewer than the base allocation1 but is not more than #i1iii fewer than the base allocation1 the allocation adjustment for the following fiscal year shall be #e1jjj4 7vi7 ,if the number of cap-subject nonimmigrant visa petitions approved under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is at least #aj1jjj fewer than the base allocation1 but not more than #ad1iii fewer than the base allocation1 the allocation adjustment for the following fiscal year shall be #aj1jjj4 7vii7 ,if the number of cap-subject nonimmigrant visa petitions approved under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is at least #ae1jjj fewer than the base allocation1 but not more than #ai1iii fewer than the base allocation1 the allocation adjustment for the following fiscal year shall be #ae1jjj4 7viii7 ,if the number of cap-subject nonimmigrant visa petitions approved under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is at least #bj1jjj fewer than the base allocation1 the allocation adjustment for the following fiscal year shall be #bj1jjj4 4 7b7 ,reporting requirement ,the ,secretary of ,homeland ,security shall-- 7#a7 timely upload to a public website data that summarizes the adjudication of nonimmigrant petitions under section #aja7;a77#ae77;,h77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77b77 during each fiscal year2 and 7#b7 allow the timely adjustment of visa allocations under section #bad7;g77#i77;,b7 of such ,act1 as added by subsection 7a74 #ajb4 ,employment authorization for dependents of ,h-#a;,b nonimmigrants ,section #bad7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7#b7 in paragraph 7#b71 by amending subparagraph 7,e7 to read as follows3 7,e7 ,the ,secretary of ,homeland ,security shall-- 7i7 authorize an alien spouse admitted under subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae7 who is accompanying or following to join the principal alien to engage in employment in the ,united ,states2 and 7ii7 provide the spouse with an employment authorized endorsement or other appropriate work permit4 4 #ajc4 ,eliminating impediments to worker mobility 7a7 ,deference to prior approvals ,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#i7 ,the ,secretary of ,homeland ,security may not deny a petition to extend the status of a nonimmigrant admitted under subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae7 in which the petition involves the same alien and petitioner unless the ,secretary determines that-- 7,a7 there was a material error with regard to the previous petition approval2 7,b7 a substantial change in circumstances has taken place that renders the nonimmigrant ineligible for such status under this ,act2 or 7,c7 new material information has been discovered that adversely impacts the eligibility of the employer or the nonimmigrant4 4 7b7 ,effect of employment termination ,section #bad7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7n77 is amended by adding at the end the following3 7#c7 ,a nonimmigrant admitted under section #aja7;a77#ae77;,h77i77b7 whose employment relationship terminates before the expiration of the nonimmigrant's period of authorized admission shall be deemed to have retained such legal status throughout the entire #fj-;day period beginning on the date such employment is terminated if an employer files a petition to extend1 change1 or adjust the status of the nonimmigrant at any point during such period4 4 7c7 ,visa revalidation ,section #bbb7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;c77 is amended by inserting ,the ,secretary of ,state shall authorize an alien admitted under subparagraph 7,e71 7,h71 7,l71 7,o71 or 7,p7 of section #aja7;a77#ae7 to renew his or her nonimmigrant visa in the ,united ,states if the alien has remained eligible for such status44 ,,ii ,student ,visas #bja4 ,authorization of dual intent 7a7 ,definition ,section #aja7;a77#ae77;,f77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77i77 is amended by striking which he has no intention of abandoning4 7b7 ,presumption of status2 intention ,to abandon foreign residence ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended-- 7#a7 in subsection 7b71 by striking 7,l7 or 7,v7 and inserting 7,f71 7,l71 or 7,v72 and 7#b7 in subsection 7h71 by striking 7,h77i77b7 or 7c7 and inserting 7,f71 7,h77i77b71 7,h77i77c74 ,,iii ,employment-,based ,immigrant ,visas #cja4 ,elimination of per-country numerical limitations 7a7 ,in general ,section #bjb7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#b77 is amended to read as follows3 7#b7 ,per country levels for family-sponsored immigrants ,subject to paragraphs 7#c7 and 7#d71 the total number of immigrant visas made available to natives of any single foreign state or dependent area under section #bjc7;a7 in any fiscal year may not exceed #ae percent 7in the case of a single foreign state7 or #b percent 7in the case of a dependent area7 of the total number of such visas made available under such section in that fiscal year4 4 7b7 ,conforming amendments ,section #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c71 by striking both subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 and 7,b7 by striking paragraph 7#e72 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,special rules for countries at ceiling ,if 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 the number of visas for natives of that state or area shall be allocated under section #bjc7;a7 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 #bjac1 and shall apply to fiscal years beginning with fiscal year #bjad4 #cjb4 ,recapturing lost employment-based immigrant visas ,section #bja7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d77 is amended to read as follows3 7d7 ,worldwide level of employment-,based immigrants 7#a7 ,in general ,the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of-- 7,a7 #adj1jjj2 and 7,b7 the number computed under paragraph 7#b74 7#b7 ,unused visas ,the number computed under this paragraph is the difference1 if any1 between-- 7,a7 the sum of the worldwide levels established under paragraph 7#a7 for fiscal years #aiib through the current fiscal year2 and 7,b7 the number of visas actually issued under section #bjc7;b71 subject to this subsection1 during such fiscal years4 4 #cjc4 ,aliens not subject to direct numerical limitation 7a7 ,in general ,section #bja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#a77 is amended by adding at the end the following3 7,f7 ,aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section #bjc7;b74 7,g7 ,aliens who have earned a master's or higher degree in a field listed on the ,,stem ,designated ,degree ,program ,list published by the ,department of ,homeland ,security on the ,student and ,exchange ,visitor ,program website from an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7774 7,h7 ,aliens for whom a petition for an employment-based immigrant visa under paragraph 7,a7 or 7,b7 of section #bjc7;b77#a7 has been approved4 4 7b7 ,conforming amendments ,section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking #bh4f percent and inserting #ab percent2 7#b7 in paragraph 7#b77;,a71 by striking #bh4f percent and inserting #cf4i percent2 and 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking #bh4f percent and inserting #cf4i percent2 7,b7 by striking subparagraph 7,b72 and 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,b74 ,,iv ,,stem ,education ,funding #dja4 ,funding for ,,stem education and training 7a7 ,nonimmigrant fee adjustment and allocation ,section #bad7;c77#i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#i77 is amended-- 7#a7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,the amount of the fee imposed under this paragraph shall be-- 7i7 #a1bej for each such petition filed by an employer with not more than #be full-time equivalent employees who are employed in the ,united ,states 7determined by including any affiliate or subsidiary of such employer72 and 7ii7 #b1ejj for each such petition filed by an employer with more than #be such employees4 2 and 7#b7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,fees collected under this paragraph shall be distributed as follows3 7i7 ,of the amounts collected pursuant to subparagraph 7,b77i7-- 7,i7 #gej shall be deposited in the ,treasury in accordance with section #bhf7s72 and 7,,ii7 #ejj shall be deposited in the ,treasury in accordance with section #bhf7w74 7ii7 ,of the amounts collected pursuant to subparagraph 7,b77ii7-- 7,i7 #a1ejj shall be deposited in the ,treasury in accordance with section #bhf7s72 and 7,,ii7 #a1jjj shall be deposited in the ,treasury in accordance with section #bhf7w74 4 7b7 ,conforming amendment ,section #bhf7s77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7s77#a77 is amended by striking the last sentence and inserting ,there shall be deposited as offsetting receipts into the account a portion of the fees collected under paragraphs 7#i7 and 7#aa7 of section #bad7;c744 7c7 ,immigrant fee ,section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 is amended by adding at the end the following3 7#g7 ,funding for ,,stem education and training ,the ,secretary of ,homeland ,security shall impose a fee of #a1jjj on each ,i-#adj immigrant visa petition filed under this subsection4 ,amounts collected under this paragraph shall be deposited into the ,treasury in accordance with section #bhf7w74 4 #djb4 ,promoting ,american ,ingenuity ,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 ,promoting ,american ,ingenuity ,account 7#a7 ,in general ,there is established in the general fund of the ,treasury a separate account1 which shall be known as the ,promoting ,american ,ingenuity ,account4 ,there shall be deposited as offsetting receipts into the account fees collected under section #bjc7;b77#g7 and a portion of the fees collected under section #bad7;c77#i74 ,amounts deposited into the account shall remain available to the ,secretary of ,education until expended4 7#b7 ,purposes ,the purposes of the ,promoting ,american ,ingenuity ,account are to enhance the economic competitiveness of the ,united ,states by-- 7,a7 strengthening ,,stem education1 including in computer science1 at all levels2 7,b7 ensuring that schools have access to well-trained and effective ,,stem teachers2 7,c7 supporting efforts to strengthen the elementary and secondary curriculum1 including efforts to make courses in computer science more broadly available2 and 7,d7 helping colleges and universities produce more graduates in fields needed by ,american employers4 7#c7 ,allocation of funds 7,a7 ,national activities ,the ,secretary of ,education may reserve up to #e percent of the amounts deposited into the ,promoting ,american ,ingenuity ,account for national research1 development1 demonstration1 evaluation1 and dissemination activities carried out directly or through grants1 contracts1 or cooperative agreements1 including-- 7i7 activities undertaken jointly with other ,federal agencies1 such as ,,stem mission agencies2 and 7ii7 grants to non-profit organizations for nationally significant activities consistent with the purposes of the ,immigration ,innovation ,act of #bjac4 7,b7 ,allocations to states 7i7 ,in general ,subject to clause 7ii71 the ,secretary of ,education shall proportionately allocate the remaining amounts deposited into the account to the ,states each fiscal year in an amount that bears the same relationship to the remainder as the amount the ,state received under subpart #b of part ,a of title ,i of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcca et seq47 for the preceding fiscal year bears to the amount all ,states received under that subpart for the preceding fiscal year4 7ii7 ,minimum allocations ,no ,state shall receive less than an amount equal to #j4e percent of the total amount made available to all ,states from the ,promoting ,american ,ingenuity ,account4 ,if a ,state does not request an allocation from the ,account for a fiscal year1 the ,secretary shall reallocate the ,state's allocation to the remaining ,states in accordance with this section4 4 #djc4 ,,stem education grant application process 7a7 ,application ,each ,state desiring to receive an allocation from the ,promoting ,american ,ingenuity ,account established under section #bhf7w7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7w77 submit an application to the ,secretary of ,education that describes how the ,state plans to improve ,,stem education to meet the needs of employers in the ,state1 at such time1 in such form1 and including such information as the ,secretary may prescribe4 7b7 ,approval ,the ,secretary of ,education shall approve any application submitted under subsection 7a7 that meets the requirements prescribed by the ,secretary if the ,secretary determines1 after evaluating the recommendations of peer reviewers1 that the ,state's plan for the use of funds would be successful in making progress toward meeting the purposes set forth in section #bhf7w77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7w77#b774 #djd4 ,approved activities ,a ,state or other entity that receives funding from the ,promoting ,american ,ingenuity ,account may use such funding-- 7#a7 to strengthen the ,state's academic achievement standards in science1 technology1 engineering1 and mathematics 7,,stem72 7#b7 to implement strategies for the recruitment1 training1 placement1 and retention of teachers in ,,stem fields1 including computer science2 7#c7 to carry out initiatives designed to assist students in succeeding and graduating from postsecondary ,,stem programs2 7#d7 to improve the availability and access to ,,stem-related worker training programs1 including community college courses and programs2 and 7#e7 for other activities approved by the ,secretary of ,education to improve ,,stem education4 #dje4 ,national evaluation 7a7 ,in general ,using amounts reserved under section #bhf7w77#c77;,a7 of the ,immigration and ,nationality ,act1 as added by section #djb1 the ,secretary of ,education shall conduct1 directly or through a grant or contract1 an annual evaluation of the implementation and impact of the activities funded by the ,promoting ,american ,ingenuity ,account4 7b7 ,annual ,report ,the ,secretary shall submit a report describing the results of each evaluation conducted under subsection 7a7 to-- 7#a7 the ,president2 7#b7 the ,committee on the ,judiciary of the ,senate2 7#c7 the ,committee on the ,judiciary of the ,house of ,representatives2 7#d7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 and 7#e7 the ,committee on ,education and the ,workforce of the ,house of ,representatives4 7c7 ,dissemination ,the ,secretary shall make the findings of the evaluation widely available to educators1 the business community1 and the public4 #djf4 ,rule of construction ,nothing in this title may be construed to permit the ,secretary of ,education or any other ,federal official to approve the content or academic achievement standards of a ,state4