,,ii #aacth ,,congress #ast ,session ,s4 #cjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ac1 #bjac ,mr4 ,vitter 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 promote innovation1 investment1 and research in the ,united ,states1 to eliminate the diversity immigrant program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,stem ,jobs ,act of #bjac4 #b4 ,immigrant visas for certain advanced ,,stem graduates 7a7 ,worldwide level of immigration ,section #bja7;d77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d77#b77 is amended by adding at the end the following3 7,d7 7i7 ,in addition to the increase provided under subparagraph 7,c71 the number computed under this paragraph for fiscal year #bjad and subsequent fiscal years shall be further increased by the number specified in clause 7ii71 to be used in accordance with paragraphs 7#f7 and 7#g7 of section #bjc7;b71 except that-- 7,i7 immigrant visa numbers made available under this subparagraph but not required for the classes specified in paragraphs 7#f7 and 7#g7 of section #bjc7;b7 shall not be counted for purposes of subsection 7c77#c77;,c72 and 7,,ii7 for purposes of paragraphs 7#a7 through 7#e7 of section #bjc7;b71 the increase under this subparagraph shall not be counted for purposes of computing any percentage of the worldwide level under this subsection4 7ii7 ,the number specified in this clause is #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,nicaraguan ,adjustment and ,central ,american ,relief ,act 7#h ,u4,s4,c4 #aaea note7 if section #bja7;e7 had not been repealed by section #c of the ,,stem ,jobs ,act of #bjac4 7iii7 ,immigrant visa numbers made available under this subparagraph for fiscal year #bjad1 but not used for the classes specified in paragraphs 7#f7 and 7#g7 of section #bjc7;b7 in such year1 may be made available in subsequent years as if they were included in the number specified in clause 7ii7 only to the extent of the cumulative number of petitions under section #bjd7;a77#a77;,f71 and applications for a labor certification under section #bab7;a77#e77;,a71 filed in fiscal year #bjad with respect to aliens seeking a visa under paragraph 7#f7 or 7#g7 of section #bjc7;b7 up to1 but not exceeding1 the number specified in clause 7ii7 for such year4 ,such immigrant visa numbers may only be made available in fiscal years after fiscal year #bjad in connection with a petition under section #bjd7;a77#a77;,f71 or an application for a labor certification under section #bab7;a77#e77;,a71 that was filed in fiscal year #bjad4 7iv7 ,immigrant visa numbers made available under this subparagraph for fiscal year #bjae1 but not used for the classes specified in paragraphs 7#f7 and 7#g7 of section #bjc7;b7 during such year1 may be made available in subsequent years as if they were included in the number specified in clause 7ii7 only to the extent of the cumulative number of petitions under section #bjd7;a77#a77;,f71 and applications for a labor certification under section #bab7;a77#e77;,a71 filed in fiscal year #bjae with respect to aliens seeking a visa under paragraph 7#f7 or 7#g7 of section #bjc7;b7 up to1 but not exceeding1 the number specified in clause 7ii7 for such year4 ,such immigrant visa numbers may only be made available in fiscal years after fiscal year #bjae in connection with a petition under section #bjd7;a77#a77;,f71 or an application for a labor certification under section #bab7;a77#e77;,a71 that was filed in fiscal year #bjae4 7v7 ,immigrant visa numbers made available under this subparagraph for fiscal year #bjaf1 but not used for the classes specified in paragraphs 7#f7 and 7#g7 of section #bjc7;b7 in such year1 may be made available in subsequent years as if they were included in the number specified in clause 7ii71 but only-- 7,i7 to the extent of the cumulative number of petitions under section #bjd7;a77#a77;,f71 and applications for a labor certification under section #bab7;a77#e77;,a71 filed in fiscal year #bjaf with respect to aliens seeking a visa under paragraph 7#f7 or 7#g7 of section #bjc7;b7 up to1 but not exceeding1 the number specified in clause 7ii7 for such year2 7,,ii7 if the immigrant visa numbers used under this subparagraph for fiscal year #bjae with respect to aliens seeking a visa under paragraph 7#f7 or 7#g7 of section #bjc7;b7 were less than the number specified in clause 7ii7 for such year2 and 7,,iii7 if the processing standards set forth in sections #bjd7;a77#a77;,f77ii7 and #bab7;a77#e77;,a77vi7 were not met in fiscal year #bjaf4 ,such immigrant visa numbers may only be made available in fiscal years after fiscal year #bjaf in connection with a petition under section #bjd7;a77#a77;,f71 or an application for a labor certification under section #bab7;a77#e77;,a71 that was filed in fiscal year #bjaf4 7vi7 ,immigrant visa numbers made available under this subparagraph for fiscal year #bjag1 but not used for the classes specified in paragraphs 7#f7 and 7#g7 of section #bjc7;b7 in such year1 may be made available in subsequent years as if they were included in the number specified in clause 7ii71 but only-- 7,i7 to the extent of the cumulative number of petitions under section #bjd7;a77#a77;,f71 and applications for a labor certification under section #bab7;a77#e77;,a71 filed in fiscal year #bjag with respect to aliens seeking a visa under paragraph 7#f7 or 7#g7 of section #bjc7;b7 up to1 but not exceeding1 the number specified in clause 7ii7 for such year2 7,,ii7 if the immigrant visa numbers used under this subparagraph for fiscal year #bjaf with respect to aliens seeking a visa under paragraph 7#f7 or 7#g7 of section #bjc7;b7 were less than the number specified in clause 7ii7 for such year2 and 7,,iii7 if the processing standards set forth in sections #bjd7;a77#a77;,f77ii7 and #bab7;a77#e77;,a77vi7 were not met in fiscal year #bjag4 ,such immigrant visa numbers may only be made available in fiscal years after fiscal year #bjaf in connection with a petition under section #bjd7;a77#a77;,f71 or an application for a labor certification under section #bab7;a77#e77;,a71 that was filed in fiscal year #bjag4 4 7b7 ,numerical limitation to any single foreign state ,section #bjb7;a77#e77;,a7 of such ,act 7#h ,u4,s4,c4 #aaeb7;a77#e77;,a77 is amended by striking or 7#e7 and inserting 7#e71 7#f71 or 7#g74 7c7 ,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#h72 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 the number specified in section #bja7;d77#b77;,d77ii71 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 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 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 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 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 class specified in paragraph 7#f7 shall be made available to the class 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 all 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 mathematics or in a field included in the ,department of ,education's ,classification of ,instructional ,programs taxonomy within the summary group of biological and biomedical sciences4 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 7d7 ,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 7e7 ,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 7f7 ,,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 7g7 ,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 7h7 ,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 #c4 ,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 #d4 ,national ,science ,foundation report 7a7 ,requirement for report ,not later than #d years after the date of the enactment of this ,act1 and every #e years thereafter1 the ,national ,science ,foundation shall submit1 to the ,committees on the ,judiciary1 on ,commerce1 ,science and ,transportation1 and on ,health1 ,education1 ,labor and ,pensions of the ,senate and the ,committees on the ,judiciary1 on ,science1 ,space and ,technology1 and on ,education and the ,workforce of the ,house of ,representatives1 a report regarding the science1 technology1 engineering1 and math workforce in the ,united ,states4 ,the ,national ,science ,foundation may contract with the ,national ,academies for more detailed studies to support this report4 7b7 ,contents ,the report required by subsection 7a7 shall-- 7#a7 assess the extent to which the science1 technology1 engineering1 and math workforce in the ,united ,states is meeting the needs of employers and the goal of improving the international economic competitiveness of the ,united ,states2 7#b7 assess the success of institutions of elementary1 secondary1 and higher education in the ,united ,states in preparing ,united ,states citizens and aliens lawfully admitted to the ,united ,states for permanent residence for jobs in the science1 technology1 engineering1 and math workforce2 7#c7 assess the wages1 working conditions1 and career prospects of ,united ,states citizens and aliens lawfully admitted to the ,united ,states for permanent residence in the science1 technology1 engineering4 and math workforce2 7#d7 assess the impact of this ,act on each of the issues described in paragraphs 7#a7 through 7#c72 and 7#e7 recommend to the ,congress whether the amendments made by section #b of this ,act should be reauthorized before the period of their effectiveness has terminated4 #e4 ,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 #f4 ,student visa reform 7a7 ,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 termination 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 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 termination 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 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 ,mexico4 4 7b7 ,admission ,section #bad7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;b77 is amended by inserting 7,f77i71 before 7,l7 or 7,v74 7c7 ,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 7d7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac1 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;a77#ae77;,f77 on or after such date4 #g4 ,expansion of the ,v nonimmigrant visa program for spouses and children of permanent residents awaiting the availability of an immigrant visa 7a7 ,in general ,section #aja7;a77#ae77,v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,v77 is amended-- 7#a7 in the matter preceding clause 7i71 by striking that was filed with the ,attorney ,general under section #bjd on or before the date of the enactment of the ,legal ,immigration ,family ,equity ,act12 7#b7 in clause 7i71 by striking #c years or more2 and inserting #a year or more22 and 7#c7 in clause 7ii71 by striking #c years or more have and inserting #a year or more has4 7b7 ,provisions affecting nonimmigrant status ,section #bad7q7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7q77 is amended-- 7#a7 by striking paragraphs 7#b7 and 7#c72 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking the ,attorney ,general and all that follows through 2 and and inserting the alien may not be authorized to engage in employment in the ,united ,states during the period of authorized admission as such a nonimmigrant2 and2 and 7,b7 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively2 and 7#c7 by striking 7q77#a7 and inserting 7q74 7c7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjac1 and shall apply to an alien who-- 7#a7 applies for nonimmigrant status under section #aja7;a77#ae77,v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,v77 on or after such date2 and 7#b7 is the beneficiary of a classification petition filed under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 before1 on1 or after such date4 #h4 ,offset ,the amounts expended to carry out this ,act shall be offset by a corresponding reduction in ,federal discretionary spending4