,,ii #aaeth ,,congress #b;d ,session ,s4 #bcdd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #be1 #bjah,mr4 ,hatch 7for himself and ,mr4 ,flake7 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 #bjah4 #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,sec4 #ajd4 ,definitions4,sec4 #aje4 ,strengthening the prevailing wage system4,sec4 #ajf4 ,schedule ,a study4,,title ,,ii--,employment-,based ,immigrant ,visas ,sec4 #bja4 ,elimination of per-country numerical limitations4,sec4 #bjb4 ,ensuring the issuance of all preference employment-based immigrant visas4,sec4 #bjc4 ,aliens not subject to direct numerical limitation4,sec4 #bjd4 ,increased portability4,sec4 #bje4 ,adjustment of status for employment-based immigrants4,sec4 #bjf4 ,employment-based conditional immigrants4,,title ,,iii--,student ,visas,sec4 #cja4 ,authorization of dual intent4,,title ,,iv--,,stem ,education and ,worker ,training,sec4 #dja4 ,funding for ,,stem education and worker training4,sec4 #djb4 ,promoting ,american ,ingenuity ,account4,sec4 #djc4 ,national evaluation4,sec4 #djd4 ,rule of construction4,,title ,v--,reforms ,affecting ,immigrant and ,nonimmigrant ,visas,sec4 #eja4 ,streamlining petitions for established employers and other requirements4 ,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#e71 by amending subparagraph 7,c7 to read as follows3 7,c7 subject to paragraph 7#f77;,b71 has earned a master's or higher degree from a ,united ,states institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7774 2 7#c7 in paragraph 7#f7-- 7,a7 by inserting 7,a7 before ,any alien2 and 7,b7 by adding at the end the following3 7,b7 7i7 ,if the employer of an alien described in paragraph 7#e77;,c7 certifies that the employer has filed or will file an ,immigrant ,petition on behalf of the alien1 the initial period of validity of the nonimmigrant visa issued to the alien under section #aja7;a77#ae77;,h77i77b7 shall be #ab months4 ,the period of validity of such visa may be extended beyond such initial period if the employer provides evidence to the ,secretary that the employer has filed1 on the alien's behalf1 a nonfrivolous ,application for ,permanent ,employment ,certification or a nonfrivolous ,immigrant ,petition and such application or petition has not been denied in a final agency action4 7ii7 ,not more than #bj1jjj of the aliens described in paragraph 7#e77;,c7 who are not described in clause 7i7 may be exempted from the numerical limitations under paragraph 7#a77;,a7 during each fiscal year4 2 7#d7 in paragraph 7#h71 by striking subparagraphs 7,b77iv7 and 7,d72 7#e7 by redesignating paragraph 7#aj7 as subparagraph 7,d7 of paragraph 7#i71 and adjusting the margin accordingly2 7#f7 by redesignating paragraph 7#i7 as paragraph 7#aj72 and 7#g7 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 #he1jjj1 #he1jjj2 or 7iii7 if the number calculated under clause 7i7 is more than #aie1jjj1 #aie1jjj4 7,b7 7i7 ,if the number of cap-subject nonimmigrant visa petitions filed under section #aja7;a77#ae77;,h77i77b7 during the first #de days of the petition filing period for a fiscal year exceeds the base allocation for such fiscal year1 an additional #cj1jjj such visas shall be made available beginning on the first day of such fiscal year4 7ii7 ,if the base allocation of cap-subject nonimmigrant visa petitions filed under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is reached during the period beginning on the #dfth day of the petition filing period for the fiscal year and ending on the last day of the previous fiscal year1 an additional #bj1jjj such visas shall be made available for the fiscal year beginning on the first day of such fiscal year4 7iii7 ,if the base allocation of cap-subject nonimmigrant visa petitions filed under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is reached during the first #fj days of the fiscal year1 an additional #aj1jjj such visas shall be made available beginning on ,december #a of the fiscal year4 7iv7 ,if the base allocation of cap-subject nonimmigrant visa petitions filed under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is reached during the period beginning on the #fast day of the fiscal year and ending on the #abjth day of the fiscal year1 an additional #e1jjj such visas shall be made available beginning on ,february #a of the fiscal year4 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 of such visas for the following fiscal year shall be reduced by #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 #ai1iii fewer than the base allocation1 the allocation of such visas for the following fiscal year shall be reduced by #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 #bj1jjj fewer than the base allocation1 but not more than #bi1iii fewer than the base allocation1 the allocation of such visas for the following fiscal year shall be reduced by #bj1jjj4 7viii7 ,if the number of cap-subject nonimmigrant visa petitions approved under section #aja7;a77#ae77;,h77i77b7 for a fiscal year is at least #cj1jjj fewer than the base allocation1 the allocation of such visas for the following fiscal year shall be reduced by #cj1jjj4 7,c7 7i7 ,if the final receipt date for filing nonimmigrant visa petitions under section #aja7;a77,h77i77b7 subject to the numerical limitations under paragraph 7#a77;,a7 in a fiscal year occurs on or before the #ahjth day of the fiscal year1 the ,secretary of ,homeland ,security shall announce the following fiscal year's base allocation for such nonimmigrant visas on or before ,april #a of the fiscal year preceding the fiscal year for which such allocation applies4 7ii7 ,if the final receipt date for filing nonimmigrant visa petitions under section #aja7;a77,h77i77b7 subject to the numerical limitations under paragraph 7#a77;,a7 in a fiscal year occurs after the #ahjth day of the fiscal year1 the ,secretary of ,homeland ,security shall announce the following fiscal year's base allocation for such nonimmigrant visas not later than the first day of the fiscal year for which such allocation applies4 4 7b7 ,prioritization of petitions ,section #bad7;g77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#c77 is amended-- 7#a7 by striking the first sentence and inserting the following3 7,a7 ,subject to subparagraphs 7,b7 and 7,c71 aliens who are subject to the numerical limitations under paragraph 7#a77;,a7 shall be issued visas1 or otherwise provided nonimmigrant status1 in a manner and order established by the ,secretary by regulation42 and 7#b7 by adding at the end the following3 7,b7 ,in any fiscal year in which the number of petitions filed for nonimmigrant status under section #aja7;a77#ae77;,h77i77b7 during the first #e business days of the petition filing period exceeds the numerical limitation for that fiscal year1 the ,secretary shall consider petitions received during those #e business days in the following order3 7i7 ,petitions for aliens who have earned a master's or higher degree 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;a777 in the ,united ,states and who are subject to the numerical limitations under paragraph 7#a77;,a74 7ii7 ,petitions for aliens who have earned a doctoral degree from an institution of higher education outside the ,united ,states in a specialty related to the intended employment if such degree is equivalent to a doctoral degree awarded by an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 in the ,united ,states4 7iii7 ,petitions for aliens who have earned a bachelor's 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;a777 in the ,united ,states4 7iv7 ,other petitions4 7,c7 ,the first sentence of subparagraph 7,a7 shall not apply in any fiscal year in which the demand for nonimmigrant visas under section #aja7;a77#ae77;,h77i77b7 exceeds the numerical limitation under paragraph 7#a77;,a7 during the first #e business days of the petition filing period4 4 7c7 ,penalty 7#a7 ,in general ,section #bad7;g77#i7 of the ,immigration and ,nationality ,act1 as added by subsection 7a77#g71 is amended by adding at the end the following3 7,d7 7i7 ,subject to clause 7ii71 if #e or more petitions for ,h-#a;,b classification subject to the cap established under paragraph 7#a77;,a7 filed by an employer in a fiscal year are approved1 the employer shall pay a penalty for each such approved petition subject to such cap for which the ,h-#a;,b beneficiary works in the ,united ,states for less than #be percent of the first year of the beneficiary's approved work authorization period4 7ii7 7,i7 ,an employer shall not be subject to the penalties set forth in clause 7i7 if the employer withdraws the petition for an ,h-#a;,b visa-- 7aa7 as a result of an unexpected change in the need for the alien worker2 7bb7 because the alien worker commences employment in the ,united ,states for the employer under another lawful status2 or 7cc7 because the alien worker quit or resigned the worker's position with the employer4 7,,ii7 ,an employer withdrawing a petition under subclause 7,i7 shall file with the ,secretary a description of the circumstances-- 7aa7 resulting in the unexpected change in the need for the alien worker2 7bb7 surrounding the alien worker's commencement of employment in the ,united ,states for the employer under another lawful status2 or 7cc7 surrounding the alien worker's decision to quit or resign the worker's position with the employer4 7,,iii7 ,any unused visas associated with petitions withdrawn under subclause 7,i7 that were subject to the cap established under paragraph 7#a77;,a7 shall be reassigned to another ,h-#a;,b petition filed by another employer either in the fiscal year in which the withdrawal was received or in the following fiscal year4 7,,iv7 ,subclause 7,i7 shall not apply to an employer in a fiscal year if-- 7aa7 7,,aa7 at least #bj and not more than #di petitions filed by the employer in a fiscal year for ,h-#a;,b visa classification subject to the cap established under paragraph 7#a77;,a7 are approved2 and 7,,bb7 the employer withdraws more than #be percent of the approved ,h-#a;,b visa petitions subject to the numerical limitation under paragraph 7#a77;,a7 that were received by the employer in the fiscal year or the employer withdraws more than #aj percent of such petitions because the alien worker resigned his or her employment with the employer before completing #c months of employment2 or 7bb7 7,,aa7 more than #ej petitions filed by the employer in a fiscal year for ,h-#a;,b visa classification subject to the cap established under paragraph 7#a77;,a7 are approved2 and 7,,bb7 the employer withdraws more than #bj percent of the approved ,h-#a;,b visa petitions subject to the numerical limitation under paragraph 7#a77;,a7 that were received by the employer in the fiscal year or the employer withdraws more than #e percent of such petitions because the alien worker resigned his or her employment with the employer before completing #c months of employment4 7iii7 7,i7 ,the penalty for a violation of clause 7i7 shall be-- 7aa7 #aj1jjj for each petition described in such clause during the first fiscal year of noncompliance2 and 7bb7 #be1jjj for each such petition after the first fiscal year of noncompliance4 7,,ii7 ,an employer subject to a penalty under clause 7i7 in any #c fiscal years shall be barred from filing any petitions for ,h-#a;,b visas subject to the numerical limitation under paragraph 7#a77;,a7 for the fiscal year immediately following the third year of noncompliance4 7iv7 ,each employer that has #e or more approved petitions for ,h-#a;,b classification subject to the cap established under paragraph 7#a77;,a7 shall submit an annual report to the ,secretary of ,homeland ,security that identifies-- 7,i7 the date on which each such ,h-#a;,b nonimmigrant approved during the most recent fiscal year began working for the employer in the ,united ,states2 and 7,,ii7 the total period of employment in the first year of available work authorization for each such ,h-#a;,b nonimmigrant during the most recent fiscal year4 7v7 ,penalties assessed under this subparagraph shall be deposited into the ,promoting ,american ,ingenuity ,account established under section #bhf7w74 4 7#b7 ,effective date ,section #bad7;g77#i77;,c7 of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 shall take effect on the date that is #a year after the date of the enactment of this ,act4 7d7 ,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;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b77 during each fiscal year2 7#b7 allow the timely adjustment of visa allocations under section #bad7;g77#i77;,b7 of such ,act1 as added by subsection 7a77#g72 and 7#c7 identify the number of previously approved visas that were the subject of withdrawn petitions under section #bad7;g77#i77;,c77ii7 of such ,act and are available for reassignment to another employer4 7e7 ,prohibited labor practice ,section #bab7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking stating the following and inserting containing the statements described in subparagraphs 7,a7 through 7,g72 and 7#b7 in the undesignated matter following subparagraph 7,g77ii7-- 7,a7 by striking ,the employer shall make and inserting the following3 7,h7 ,the employer shall make 2 and 7,b7 by adding at the end the following3 7,i7 7i7 ,an employer may not hire an ,h-#a;,b nonimmigrant for the purpose and intent of replacing a ,united ,states worker with the ,h-#a;,b nonimmigrant 7other than through the ,united ,states worker's promotion1 voluntary transfer1 voluntary departure1 or voluntary retirement74 ,in an enforcement action for a violation of this clause1 the agency initiating the enforcement action shall bear the burden of proving that the employer acted with the purpose and intent to replace the ,united ,states worker with the ,h-#a;,b nonimmigrant4 7ii7 ,no employer1 having the purpose and intent of replacing a current employee with an ,h-#a;,b nonimmigrant 7other than through the current employee's promotion1 voluntary transfer1 voluntary departure1 or voluntary retirement71 may condition the employee's pay1 bonus1 or severance1 or any other form of compensation1 or the employee's performance review1 on the employee's willingness to train the ,h-#a;,b nonimmigrant to perform the employee's responsibilities4 ,in an enforcement action for a violation of this clause1 the agency initiating the enforcement action shall bear the burden of proving that the employer had the purpose and intent to replace the current employee with the ,h-#a;,b nonimmigrant4 4 7f7 ,funding ,section #bab7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77 is amended by adding at the end the following3 7#f7 ,the enforcement of this subsection may be carried out using funds deposited into the ,fraud ,prevention and ,detection ,account under section #bhf7v74 4 #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 adding at the end the following3 7,g7 7i7 ,if the principal alien has a pending or approved ,application for ,permanent ,employment ,certification or a pending or approved ,immigrant ,petition1 the ,secretary of ,homeland ,security shall-- 7,i7 authorize the alien spouse of such principal alien admitted under section #aja7;a77#ae77;,h77i77b7 who is accompanying or following to join the principal alien to engage in employment in the ,united ,states2 and 7,,ii7 provide the spouse with an employment authorized endorsement or other appropriate work permit4 7ii7 ,the employer of an alien spouse described in clause 7i77,i7 shall attest to the ,secretary of ,homeland ,security that the employer is offering and will offer to the alien spouse1 during the period of authorized employment1 not less than the greater of-- 7,i7 the actual wage level paid by the employer for the specific employment in question to all other individuals with similar experiences and qualifications2 or 7,,ii7 the prevailing wage level for the occupational classification in the area of employment1 reflecting the education1 experience1 and level of supervision required for the job to be performed by the alien spouse1 based on the best information available at the time the alien spouse is hired4 4 #ajc4 ,eliminating impediments to worker mobility 7a7 ,effect of new job site ,section #bad7;c77#aj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#aj77 is amended to read as follows3 7#aj7 ,an amended ,h-#a;,b petition shall not be required if-- 7,a7 the petitioning employer is involved in a corporate restructuring1 including a merger1 acquisition1 or consolidation2 7,b7 a new corporate entity succeeds to the interests and obligations of the original petitioning employer and the terms and conditions of employment remain the same except for the identity of the petitioner2 or 7,c7 the nonimmigrant worker begins working at a new place of employment for which the petitioner has secured a valid1 certified ,labor ,condition ,application before the nonimmigrant worker began working at such place of employment4 4 7b7 ,deference to prior approvals ,section #bad7;c7 of such ,act1 as amended by subsection 7a7 and section #ajb1 is further amended by adding at the end the following3 7#ae7 ,if the ,secretary of ,homeland ,security or the ,secretary of ,state approves a visa1 petition1 or application for admission on behalf of an alien described in subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae71 the ,secretary of ,homeland ,security or the ,secretary of ,state may not deny a subsequent petition1 visa1 or application for admission involving the same employer and alien unless the applicant is provided with a written finding that explains the basis for the ,government's determination that-- 7,a7 there was a material error with regard to the approval of the previous petition1 visa1 or application for admission2 7,b7 a substantial change in circumstances has taken place since the prior approval or admission 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 7c7 ,effect of ending employment relationship ,section #bad7n7 of such ,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 ends 7either voluntarily or involuntarily7 before the expiration of the nonimmigrant's period of authorized admission shall be deemed to have retained such legal status throughout the #fj-;day period beginning on such employment ending date if an employer files a petition to extend1 change1 or adjust the status of the nonimmigrant during such period4 4 #ajd4 ,definitions 7a7 ,intending immigrant ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 7,a7 ,the term intending immigrant means1 with respect to the number of aliens employed by an employer1 an alien who intends to work and reside permanently in the ,united ,states1 as evidenced by-- 7i7 a pending or approved application for a labor certification filed for such alien by a covered employer2 or 7ii7 a pending or approved immigrant status petition filed for such alien by a covered employer4 7,b7 ,in this paragraph3 7i7 ,the term covered employer means an employer that has filed immigrant status petitions for not fewer than #ij percent of current employees who were the beneficiaries of applications for labor certification that were approved during the #a-year period ending #f months before the filing of an application or petition for which the number of intending immigrants is relevant4 7ii7 ,the term immigrant status petition means a petition filed under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b74 7iii7 ,the term labor certification means an employment certification under section #bab7;a77#e77;,a74 7,c7 ,notwithstanding any other provision of law-- 7i7 for all calculations of the number of aliens admitted pursuant to subparagraph 7,h77i77b7 or 7,l7 of paragraph 7#ae71 including calculations for the purposes set forth in section #bjc7;i71 an intending immigrant shall be counted as an alien lawfully admitted for permanent residence and shall not be counted as an employee admitted pursuant to such a subparagraph2 and 7ii7 for all determinations of the number of employees or ,united ,states workers employed by an employer1 all of the employees in any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf shall be counted4 7#ed7 ,the term ,,stem means the academic and professional disciplines of science 7excluding social sciences71 technology1 engineering1 and mathematics4 4 7b7 ,h-#a;,b dependent employers2 exempt ,h-#a;,b nonimmigrants ,section #bab7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,e7-- 7i7 in clause 7i71 by striking 7as defined in paragraph 7#d772 and 7ii7 by striking clause 7ii7 and inserting the following3 7ii7 ,except as provided in clause 7iii71 an application described in this clause is an application filed by-- 7,i7 an ,h-#a;,b-dependent employer2 or 7,,ii7 an employer that has been found under paragraph 7#b77;,c7 or 7#e7 to have committed a willful failure or misrepresentation during the #e-year period preceding the filing of the application4 7iii7 7,i7 ,except as provided in subclause 7,,ii71 an application is not described in clause 7ii7 if the only ,h-#a;,b nonimmigrants sought in the application are exempt ,h-#a;,b nonimmigrants4 7,,ii7 ,subclause 7,i7 shall not apply if the employer has more than #ej employees and more than #ej percent of the employer's employees are ,h-#a;,b nonimmigrants4 2 7#b7 in paragraph 7#b77;,f7-- 7,a7 by inserting 7i7 before ,subject2 and 7,b7 by adding at the end the following3 7ii7 ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall provide the ,secretary of ,labor with any information contained in the materials submitted by employers of ,h-#a;,b nonimmigrants as part of the petition adjudication process that indicates that the employer is not complying with visa program requirements for ,h-#a;,b nonimmigrants4 ,the ,secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph4 2 and 7#c7 in paragraph 7#c7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 7i7 ,for purposes of this subsection1 the term ,h-#a;,b-dependent employer means an employer that-- 7,i7 in the case of an employer that has #be or fewer full-time equivalent employees who are employed in the ,united ,states1 employs more than #g ,h-#a;,b nonimmigrants2 7,,ii7 in the case of an employer that has at least #bf but not more than #ej full-time equivalent employees who are employed in the ,united ,states1 employs more than #ab ,h-#a;,b nonimmigrants2 or 7,,iii7 in the case of an employer that has at least #ea full-time equivalent employees who are employed in the ,united ,states1 employs ,h-#a;,b nonimmigrants in a number that is equal to at least #ae percent of the number of such full-time equivalent employees4 7ii7 ,in determining the number of employees who are ,h-#a;,b nonimmigrants under subparagraph 7,a71 an intending immigrant employee shall not count toward such number4 2 and 7,b7 in subparagraph 7,b7-- 7i7 by amending clause 7i7 to read as follows3 7i7 the term exempt ,h-#a;,b nonimmigrant means an ,h-#a;,b nonimmigrant who-- 7,i7 receives wages 7including cash bonuses7 at an annual rate equal to not less than the higher of-- 7aa7 #aje percent of the occupational mean wage1 as determined based on ,bureau of ,labor ,statistics data for the geographic area of employment2 or 7bb7 #ajj1jjj 7or the adjusted amount under clause 7iii71 if applicable72 or 7,,ii7 has attained a doctoral degree 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;a777 in the ,united ,states in a specialty related to the intended employment2 2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 the amount under clause 7i77,i77bb7 shall be increased1 for the third fiscal year beginning after the date of the enactment of this clause and for every third fiscal year thereafter1 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 third preceding calendar year4 4 #aje4 ,strengthening the prevailing wage system ,section #bab7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7p77 is amended-- 7#a7 in paragraph 7#d71 by adding at the end the following3 ,with regard to the prevailing wage required to be paid under subsections 7a77#e77;,a71 7n77#a77;,a77i77,,ii71 and 7t77#a77;,a77i77,,ii7 7as added by section #djb7;b77#b7 of ,public ,law #ajh-gg71 the first level of wages shall be not less than the mean of the lowest #ej percent of the wages surveyed42 and 7#b7 by adding at the end the following3 7#e7 ,an employer may use an independent survey approved by the ,secretary of ,labor for purposes of this section4 ,the ,secretary shall approve such a survey if-- 7,a7 the survey was published during the most recent #b-year period2 7,b7 the survey has not been duplicated since its initial publication2 7,c7 the data upon which the survey is based was collected during the #b-year period ending on the date on which the survey was published2 7,d7 the survey reflects the area of intended employment2 7,e7 the employer's job description adequately matches the job description in the survey2 7,f7 the survey is across industries that employ workers in the occupation2 7,g7 the wage determination is based on the arithmetic mean 7weighted average72 and 7,h7 the survey identifies a statistically valid methodology that was used to collect the data4 4 #ajf4 ,schedule ,a study ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,labor1 in cooperation with the ,office of ,foreign ,labor ,certification1 shall-- 7#a7 submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives the results of a study to determine whether the occupations listed in ,schedule ,a 7#bj ,c4,f4,r4 #fef4e7 should be modified or expanded2 and 7#b7 if the study determines that ,schedule ,a should be modified or expanded1 publish a notice of proposed rulemaking in the ,federal ,register4 ,,ii ,employment-,based ,immigrant ,visas #bja4 ,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 such ,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 as if enacted on ,october #a1 #bjag1 and shall apply to fiscal years beginning with fiscal year #bjah4 #bjb4 ,ensuring the issuance of all preference employment-based immigrant visas 7a7 ,backlog reduction 7#a7 ,in general ,notwithstanding any other provision of law1 beginning in fiscal year #bjah1 the number of employment-based immigrant visas that shall be issued under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 shall be increased by the number computed under paragraph 7#b74 7#b7 ,number available 7,a7 ,in general ,the number computed under this paragraph is-- 7i7 the greater of-- 7,i7 the number of preference immigrant visas computed under section #bja7;d77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d77#a77 for fiscal years #aiib to #bjac that were not issued to any preference immigrant for any of those fiscal years2 or 7,,ii7 #bjj1jjj2 minus 7ii7 the number described in subparagraph 7,b74 7,b7 ,reduction ,the number described in subparagraph 7,a77i7 shall be reduced1 for each fiscal year after fiscal year #bjag1 by the cumulative number of immigrant visas issued for previous fiscal years pursuant to the increase authorized under paragraph 7#a74 7,c7 ,construction 7i7 ,in general ,nothing in this paragraph may be construed as affecting the application of section #bja7;c77#c77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;c77#c77;,c77 with regard to immigrant visas other than the visas authorized by the increase computed under subparagraph 7,a74 7ii7 ,limitation ,the visas authorized by the increase computed under subparagraph 7,a7 may only be issued to aliens seeking immigrant visas pursuant to paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b774 7b7 ,preference immigration as directed by ,congress ,section #bja7;c77#a77;,b77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;c77#a77;,b77ii77 is amended to read as follows3 7ii7 ,the number computed under subparagraph 7,a7 shall not be less than the sum of-- 7,i7 #bbf1jjj2 plus 7,,ii7 the number computed under paragraph 7#c74 4 7c7 ,ensuring full implementation ,section #bjc7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;g77 is amended by striking 7g7 ,lists4--,for purposes of carrying out and inserting the following3 7g7 ,administration 7#a7 ,obligation to issue all authorized visas 7,a7 ,in general ,the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security1 shall administer this section in a manner that ensures that all immigrant visas authorized by ,congress to be issued under this section are issued to qualified applicants4 7,b7 ,notice ,not later than ,june #a of each fiscal year1 the ,secretary of ,state shall publish a notice in the ,federal ,register that describes the steps that the ,government is taking to comply with subparagraph 7,a74 7#b7 ,lists ,in order to carry out 4 7d7 ,facilitating issuance of visas ,section #bde7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;a77 is amended by adding at the end the following3 ,for purposes of paragraph 7#c71 an immigrant visa is deemed to be immediately available if any visa number allocated under this ,act to preference immigrants described in section #bjc7;b7 has not yet been issued for that fiscal year4 4 #bjc4 ,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 subsection 7b7 or 7i7 of section #bjc4 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;a777 in the ,united ,states4 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 in the matter preceding subparagraph 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#c77;,a71 by striking #bh4f percent and inserting #cf4i percent4 #bjd4 ,increased portability ,section #bjd7;j7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;j77 is amended to read as follows3 7j7 ,job flexibility for long delayed applicants for adjustment of status to permanent residence ,a petition filed under subsection 7a77#a77;,f7 for an individual who has filed an application for adjustment of status pursuant to section #bde or has been granted conditional permanent resident status pursuant to section #baf;,b and has had #c annual reviews of such status approved1 shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed4 4 #bje4 ,adjustment of status for employment-based immigrants ,section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking to 7#a7 an alien and inserting the following3 8to-- 7#a7 an alien 2 7,b7 by striking 7#b7 subject and inserting the following3 7#b7 subject 2 7,c7 by striking 7#c7 any alien and inserting the following3 7#c7 any alien 2 7,d7 by striking 7#d7 an alien and inserting the following3 7#d7 an alien 2 7,e7 by striking 7#e7 an alien and inserting the following3 7#e7 an alien 2 7,f7 by striking section #aja7;a77#ae77,s71 7#f7 an alien and inserting the following3 8section #aja7;a77#ae77,s72 7#f7 an alien 2 7,g7 by striking 7#g7 any alien and inserting the following3 7#g7 any alien 2 7,h7 in paragraph 7#g71 by inserting or #bjc7;i7 after #bjc7;b72 and 7,i7 by striking status2 or 7#h7 any alien and inserting the following3 8status2 or 7#h7 any alien 2 and 7#b7 by adding at the end the following3 7n7 ,adjustment of status for employment-,based immigrants 7#a7 ,petition ,any alien1 and any eligible dependent of such alien1 who has an approved petition for immigrant status1 may file an application with the ,secretary of ,homeland ,security for adjustment of status regardless of whether an immigrant visa is immediately available at the time the application is filed4 7#b7 ,supplemental fee ,if a visa is not immediately available at the time an application is filed under paragraph 7#a71 the beneficiary of such application shall pay a supplemental fee of #ejj1 which shall be deposited into the ,promoting ,american ,ingenuity ,account established under section #bhf7w74 ,this fee shall not be collected from any dependent accompanying or following to join such beneficiary4 7#c7 ,availability ,an application filed under this subsection may not be approved until the date on which an immigrant visa becomes available4 4 #bjf4 ,employment-based conditional immigrants 7a7 ,worldwide level ,section #bja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7 is amended-- 7#a7 in paragraph 7#b71 by striking and at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#d7 for fiscal year #bjai and each subsequent fiscal year1 conditional employment-based immigrants described in section #bjc7;i7 in a number not to exceed #ce1jjj for any fiscal year4 4 7b7 ,requirements ,section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7 is amended-- 7#a7 in subsection 7d71 by striking or 7c7 and inserting 7c71 or 7i72 7#b7 in subsection 7e7-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,immigrant visa numbers made available under subsection 7i7 shall be issued to eligible immigrants in a manner and order established by the ,secretary of ,homeland ,security1 by regulations1 in accordance with the requirements under such subsection4 2 7#c7 in subsection 7f7-- 7,a7 by striking his and inserting the alien's2 7,b7 by striking or 7c7 of this section and inserting 7c71 or 7i72 and 7,c7 by striking he and inserting the consular officer2 7#d7 in subsection 7g77#b71 as amended by section #bjb7;c71 by striking and 7c7 and inserting 7c71 and 7i72 and 7#e7 by adding at the end the following3 7i7 ,conditional employment-,based immigrants 7#a7 ,authorization ,conditional employment-based immigrant visas shall be made available in a number not to exceed #ce1jjj for each fiscal year1 to any eligible alien 7including any nonimmigrant lawfully residing in the ,united ,states7 who-- 7,a7 has earned a university degree2 7,b7 has received an offer of employment from a ,united ,states employer that has complied with the requirements under section #bjd7;a77#a77,m72 and 7,c7 will satisfy the requirements for immigrant classification under paragraph 7#a71 7#b71 or 7#c7 of subsection 7b74 7#b7 ,departure not required ,the ,secretary of ,homeland ,security may not require a nonimmigrant who is lawfully residing in the ,united ,states to leave the ,united ,states in order to obtain a conditional employment-based immigrant visa under paragraph 7#a74 4 7c7 ,petitioning procedure 7#a7 ,in general ,section #bjd7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77 is amended-- 7,a7 in subparagraph 7,f71 by striking section #bjc7;b77#a77;,b71 #bjc7;b77#a77;,c71 #bjc7;b77#b71 or #bjc7;b77#c7 and inserting paragraph 7#a77;,b71 7#a77;,c71 7#b71 or 7#c7 of section #bjc7;b7 or section #bjc7;i72 7,b7 by moving subparagraph 7,l7 #d ems to the left2 and 7,c7 by adding at the end the following3 7,m7 ,each employer petitioning for a conditional employment-based immigrant visa on behalf of an alien under this subsection1 or seeking to hire a conditional employment-based immigrant who was previously admitted-- 7i7 shall file a petition with the ,secretary of ,homeland ,security attesting that-- 7,i7 the alien will be paid not less than a similarly situated ,united ,states worker2 7,,ii7 no ,united ,states worker has been or will be displaced by the alien2 7,,iii7 the employer has undertaken recruitment efforts to hire ,united ,states workers1 in the alien's same occupation or a similar occupation1 who possess a bachelor's degree or higher1 including at least #c types of targeted recruiting efforts1 such as job fairs1 on-campus recruiting1 or job postings that attract applicants2 and 7,,iv7 the employer is in compliance with the requirements under clauses 7ii7 through 7vii72 7ii7 shall be prepared to document all recruitment efforts attested to under clause 7i77,,iii71 if audited by the ,secretary2 7iii7 shall fully participate in the ,e-,verify ,program established under section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note72 7iv7 shall pay1 for each petition filed under clause 7i71 a #aj1jjj fee1 which shall be deposited into the ,promoting ,american ,ingenuity ,account established under section #bhf7w72 7v7 shall pay an administrative fee in an amount that is sufficient to cover the average paperwork processing and other administrative costs of an alien participating in the program established under this subsection2 7vi7 may not be an ,h-#a;,b-dependent employer 7as defined in section #bab7n77#c77;,a772 and 7vii7 may not be debarred from any existing immigration program4 4 7#b7 ,adjudication of petitions ,the ,secretary of ,homeland ,security shall adjudicate all petitions filed under section #bjd7;a77#a77,m77i7 of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 not later than #fj days after receiving such petitions4 7d7 ,labor certification based on prior competitive recruitment 7#a7 ,in general ,section #bab7;a77#e77;,a77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#e77;,a77ii77 is amended-- 7,a7 in the clause heading1 by inserting for special recruitment and documentation procedures after rule2 7,b7 in subclause 7,i71 by striking 1 or and inserting a semicolon2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7,,iii7 is a conditional permanent resident under section #baf;,b and receives wages 7including cash bonuses7 at an annual rate equal to not less than #ajj1jjj4 4 7#b7 ,inflation adjustment ,the amount specified in section #bab7;a77#e77;,a77ii77,,iii7 of the ,immigration and ,nationality ,act1 as added by paragraph 7#a71 shall be increased1 on the first day of the third fiscal year beginning after the date of the enactment of this ,act1 and on the first day of every third fiscal year thereafter1 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 third preceding calendar year4 7e7 ,conditional permanent residency 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 highly skilled professionals1 spouses1 and children 7a7 ,in general 7#a7 ,conditional basis for status ,notwithstanding any other provision of this ,act1 a conditional employment-based immigrant 7as described in section #bjc7;i771 and the alien spouse and alien children of such immigrant1 shall each be provided the status of an alien lawfully admitted for permanent residence1 and shall be considered to have obtained such status on a conditional basis subject to the provisions of this section4 7#b7 ,notice of requirements ,at the time a conditional employment-based immigrant1 or the alien spouse or child of such immigrant1 obtains permanent resident status on a conditional basis1 the ,secretary of ,homeland ,security shall notify such immigrant1 spouse1 or child of-- 7,a7 the provisions of this section2 7,b7 the requirements for maintaining such conditional permanent resident status2 and 7,c7 the requirements to have the conditional basis of such status removed4 7b7 ,annual review 7#a7 ,in general ,the ,secretary of ,homeland ,security shall annually review the status of each alien receiving conditional permanent resident status under subsection 7a7 and shall require from the alien proof or evidence of-- 7,a7 ongoing employment in the occupation for which the alien was granted a conditional employment-based visa by an employer that has complied with the requirements under section #bjd7;a77#a77,m72 7,b7 the payment of all applicable income and ,social ,security taxes2 7,c7 at the first annual review-- 7i7 a filing with the ,department of ,labor on the alien's behalf of an ,application for ,permanent ,employment ,certification1 if such certification is required for the alien to satisfy the requirements for immigrant classification under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b72 or 7ii7 a filing with the ,department of ,homeland ,security on the alien's behalf of an ,immigrant ,petition for ,alien ,worker1 if such certification is not required for the alien to satisfy the requirements for immigrant classification under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b72 7,d7 at the second annual review1 a filing with the ,department of ,homeland ,security on the alien's behalf of an ,immigrant ,petition for ,alien ,worker1 unless a pending ,application for ,permanent ,employment ,certification prevents the filing of an ,immigrant ,petition for ,alien ,worker on the alien's behalf2 and 7,e7 at the third and subsequent annual reviews1 an approval from the ,department of ,homeland ,security of an ,immigrant ,petition for ,alien ,worker filed on the alien's behalf4 7#b7 ,effect of denial ,a filing with the ,department of ,labor on the alien's behalf of an ,application for ,permanent ,employment ,certification or a filing with the ,department of ,homeland ,security on the alien's behalf of an ,immigrant ,petition for ,alien ,worker shall not qualify as proof or evidence under paragraph 7#a7 if-- 7,a7 the ,application for ,permanent ,employment ,certification or the ,immigrant ,petition for ,alien ,worker has been denied by a final agency action2 or 7,b7 an approved ,immigrant ,petition for ,alien ,worker filed on the alien's behalf was revoked for cause under section #bje4 7c7 ,transfers 7#a7 ,in general ,except as provided in paragraph 7#b71 an alien receiving conditional permanent resident status under subsection 7a7 may begin employment with a new employer without affecting his or her status if the new employer complies with the requirements set forth in section #bjd7;a77#a77,m74 7#b7 ,fee ,notwithstanding section #bjd7;a77#a77,m71 the fee payable by the new employer for each alien shall be-- 7,a7 #aj1jjj if the new employer hires the alien during the #a-year period beginning on the date on which the alien obtained conditional permanent resident status under subsection 7a72 7,b7 #e1jjj if the new employer hires the alien during the #a-year period beginning at the end of the period described in subparagraph 7,a72 7,c7 #b1ejj if the new employer hires the alien during the #a-year period beginning at the end of the period described in subparagraph 7,b72 and 7,d7 zero if the new employer hires the alien after the end of the period described in subparagraph 7,c74 7d7 ,termination ,the ,secretary of ,homeland ,security shall terminate the conditional permanent resident status of an alien who received such status under subsection 7a7 if-- 7#a7 the alien-- 7,a7 fails to submit the required proof or evidence at the annual review in accordance with subsection 7b72 or 7,b7 submits proof or evidence at such a review that fails to satisfy the requirements under subsection 7b72 7#b7 the alien has been unemployed or employed other than in the occupation for which the alien was granted a conditional employment-based immigrant visa for a cumulative total of #ahj days while holding conditional permanent resident status under subsection 7a72 7#c7 the alien is employed by an employer that is not in compliance with the requirements under section #bjd7;a77#a77,m72 7#d7 the alien does not apply to remove the conditions attached to his or her permanent resident status within #a year after an immigrant visa would be available for such alien under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b7 based on the alien's preference category and country of chargeability if the alien did not have conditional permanent resident status2 or 7#e7 an application submitted by the alien to remove the conditions attached to his or her permanent resident status is denied in a final agency action4 7e7 ,removal of conditions ,any alien receiving conditional permanent resident status under subsection 7a7 may file an application to have the conditions removed on or after the date on which an immigrant visa would be available for such alien under paragraph 7#a71 7#b71 or 7#c7 of section #bjc7;b7 based on the alien's preference category and country of chargeability if the alien did not have conditional permanent resident status4 ,such application shall include the same proof or evidence that would be required for an annual review under subsection 7b7 if such review occurred on the date on which the application was filed4 4 7#b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja note7 is amended by inserting after the item relating to section #baf;,a the following3 ,sec4 #baf;,b4 ,conditional permanent resident status for certain highly skilled professionals1 spouses1 and children4 4 ,,iii ,student ,visas #cja4 ,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 such ,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 ,,iv ,,stem ,education and ,worker ,training #dja4 ,funding for ,,stem education and worker 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 in subparagraph 7,a71 by striking before2 and 7#b7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 ,except as provided in subparagraph 7,c71 the amount of the fee imposed under this paragraph shall be-- 7i7 #b1jjj 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 #d1jjj for each such petition filed by an employer with more than #be such employees4 7,c7 7i7 ,the amounts set forth in subparagraph 7,b77i7 shall be increased-- 7,i7 to #b1ejj for each fiscal year in which the base allocation of ,h-#a;,b visas under section #bad7;g77#i77;,a7 is between #he1jja and #aae1jjj1 inclusive2 7,,ii7 to #c1jjj for each fiscal year in which the base allocation of ,h-#a;,b visas under section #bad7;g77#i77;,a7 is between #aae1jja and #ade1jjj1 inclusive2 7,,iii7 to #c1ejj for each fiscal year in which the base allocation of ,h-#a;,b visas under section #bad7;g77#i77;,a7 is between #ade1jja and #aid1iii1 inclusive2 and 7,,iv7 to #d1jjj for each fiscal year in which the base allocation of ,h-#a;,b visas under section #bad7;g77#i77;,a7 is #aie1jjj4 7ii7 ,the amounts set forth in subparagraph 7,b77ii7 shall be increased-- 7,i7 to #e1jjj for each fiscal year in which the base allocation of ,h-#a;,b visas under section #bad7;g77#i77;,a7 is between #he1jja and #aae1jjj1 inclusive2 7,,ii7 to #f1jjj for each fiscal year in which the base allocation of ,h-#a;,b visas under section #bad7;g77#i77;,a7 is between #aae1jja and #ade1jjj1 inclusive2 7,,iii7 to #g1jjj for each fiscal year in which the base allocation of ,h-#a;,b visas under section #bad7;g77#i77;,a7 is between #ade1jja and #aid1iii1 inclusive2 and 7,,iv7 to #h1jjj for each fiscal year in which the base allocation of ,h-#a;,b visas under section #bad7;g77#i77;,a7 is #aie1jjj4 7,d7 ,fees collected under this paragraph shall be distributed as follows3 7i7 ,from the fees collected for each petition pursuant to subparagraph 7,b77i7-- 7,i7 #gej shall be deposited in the ,treasury in accordance with section #bhf7s72 and 7,,ii7 the remaining amount shall be deposited in the ,treasury in accordance with section #bhf7w74 7ii7 ,from the fees collected for each petition pursuant to subparagraph 7,b77ii7-- 7,i7 #a1ejj shall be deposited in the ,treasury in accordance with section #bhf7s72 and 7,,ii7 the remaining amount 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 #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 a portion of the fees and penalties 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 academic achievement standards in science1 technology1 engineering1 and mathematics 7,,stem71 including computer science1 at all levels2 7,b7 ensuring that schools have access to well-trained and effective ,,stem teachers through improved strategies for the recruitment1 training1 placement1 and retention of teachers in ,,stem fields1 including computer science2 7,c7 supporting efforts to strengthen the elementary and secondary ,,stem curriculum1 including efforts to make courses in computer science more broadly available2 7,d7 helping colleges and universities produce more graduates in fields needed by ,american employers1 including assistance for students in postsecondary ,,stem programs2 7,e7 improving availability of and access to ,,stem-related worker training programs1 including community college-based courses and programs2 7,f7 providing employment-based ,,stem education and training programs1 including apprenticeship programs2 and 7,g7 carrying out other activities approved by the ,secretary of ,education to improve ,,stem education and training4 7#c7 ,allocation of funds 7,a7 ,national activities ,the ,secretary of ,education may reserve up to #b 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 nonprofit organizations for nationally significant activities consistent with the purposes of the ,immigration ,innovation ,act of #bjah4 7,b7 ,american dream accounts 7i7 ,grants authorized ,the ,secretary of ,education shall allocate #e percent of the amounts deposited into the ,promoting ,american ,ingenuity ,account to award grants1 on a competitive basis1 to eligible entities to enable such entities to establish and administer ,american ,dream ,accounts4 7ii7 ,purpose of accounts ,american ,dream ,accounts shall be personal1 online accounts for low-income students1 who are1 at the time of application1 attending a grade not higher than ninth grade1 that include a college savings account1 monitor progress toward higher education1 and provide opportunities1 including mentoring-- 7,i7 to gain financial literacy skills2 7,,ii7 to learn about preparing for enrollment in an institution of higher education2 and 7,,iii7 to identify career interests4 7iii7 ,priority ,the ,secretary shall give priority to applicants that demonstrate one or more of the following3 7,i7 ,an intention to focus on ,,stem education and careers4 7,,ii7 ,the ability to serve a large number of low-income students4 7,,iii7 ,in the case of eligible entities described in subclause 7,i7 or 7,,ii7 of clause 7iv71 the provision of opportunities for students to participate in a dual or concurrent enrollment program or early college high school program at no cost to the student or to the student's family4 7iv7 ,eligible entities ,an eligible entity may be a partnership of two or more of the following entities3 7,i7 ,a ,state educational agency4 7,,ii7 ,a local educational agency1 including a charter school that operates as its own educational agency4 7,,iii7 ,a charter management organization or charter school authorizer4 7,,iv7 ,an institution of higher education or a ,tribal college or university4 7,v7 ,a nonprofit organization4 7,,vi7 ,an organization with demonstrated experience in educational savings or in preparing low-income students for higher education4 7v7 ,reports and evaluations ,not later than #a year after the date on which the ,secretary of ,education disburses grants under this ,act1 and annually thereafter until each grant disbursed under this ,act has ended1 the ,secretary shall prepare and submit a report to the appropriate committees of ,congress1 which shall include an evaluation of the effectiveness of the grant program established under this ,act1 including in building financial capability4 7vi7 ,eligibility to receive federal student financial aid ,notwithstanding any other provision of law1 any funds that are in the college savings account portion of a student's ,american ,dream ,account-- 7,i7 shall not affect such student's eligibility to receive ,federal student financial aid1 including any ,federal student financial aid under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq472 and 7,,ii7 shall not be considered in determining the amount of any such ,federal student aid4 7vii7 ,rulemaking ,the ,secretary of ,education shall promulgate regulations1 through notice and comment rulemaking in compliance with section #eec of title #e1 ,united ,states ,code1 to implement the ,american ,dream ,account competitive grant program authorized under this subparagraph4 ,the ,secretary shall issue a notice of proposed rulemaking in the ,federal ,register not later than #a year after the date of the enactment of this subsection4 7,c7 ,allocations to states 7i7 ,in general ,subject to clause 7iii71 the ,secretary of ,education1 after making the allocations under subparagraphs 7,a7 and 7,b71 shall proportionately allocate the remaining amount deposited into the ,promoting ,american ,ingenuity ,account in each fiscal year to each ,state that submits an application under subparagraph 7,d7 in an amount that bears the same relationship to such remaining amount 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 ,authorized use of state allocations ,of the amount each ,state receives under clause 7i7 in each fiscal year1 the ,state shall allocate-- 7,i7 #ej percent for the activities described in subparagraphs 7,a71 7,b71 7,c71 7,d71 and 7,g7 of paragraph 7#b72 and 7,,ii7 #ej percent for the activities described in subparagraphs 7,e71 7,f71 and 7,g7 of paragraph 7#b74 7iii7 ,minimum allocations 7,i7 ,in general ,except as provided in subclause 7,,ii71 no ,state shall receive less than #j4e percent of the total amount made available to all ,states under this subparagraph from the ,promoting ,american ,ingenuity ,account4 7,,ii7 ,reallocation ,if a ,state does not submit an application in accordance with subparagraph 7,d7 in a fiscal year1 the ,secretary of ,education shall reallocate the ,state's allocation to the remaining ,states in accordance with this subsection4 7,d7 ,,stem education grant application process 7i7 ,application ,each ,state desiring to receive an allocation from the ,promoting ,american ,ingenuity ,account shall submit an application to the ,secretary of ,education at such time1 in such form1 and including such information as the ,secretary may prescribe4 ,the application shall describe how the ,state plans to improve ,,stem education and training to meet the needs of employers in the ,state1 in accordance with paragraph 7#b74 7ii7 ,approval ,the ,secretary of ,education shall approve any application submitted under clause 7i7 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 paragraph 7#b74 7#d7 ,federal funds to supplement1 not supplant1 non-federal funds 7,a7 ,in general ,a ,state educational agency or local educational agency shall use ,federal funds received under this subsection only to supplement the funds that would1 in the absence of such ,federal funds1 be made available from ,state and local sources for the education of students participating in programs assisted under this part1 and not to supplant such funds4 7,b7 ,compliance ,to demonstrate compliance with this paragraph1 a local educational agency shall demonstrate that the methodology used to allocate ,state and local funds to each school receiving assistance under this part ensures that such school receives all of the ,state and local funds it would otherwise receive if it were not receiving assistance under this subsection4 7,c7 ,rule of construction ,nothing in this subsection may be construed to authorize or permit the ,secretary of ,education to prescribe the specific methodology a local education agency uses to allocate ,state and local funds to each school receiving assistance under this subsection4 4 #djc4 ,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 #djd4 ,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 ,v ,reforms ,affecting ,immigrant and ,nonimmigrant ,visas #eja4 ,streamlining petitions for established employers and other requirements 7a7 ,in general ,section #bad7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c771 as amended by titles ,i and ,,iv1 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 under this subsection or section #bjd7;a77#a77;,f7 that enables an employer-- 7,a7 to avoid repeatedly submitting documentation that is common to multiple petitions2 and 7,b7 to establish1 through a single filing1 criteria relating to the employer and the offered employment opportunity4 7#ag7 ,the ,secretary of ,homeland ,security shall promulgate regulations that allow a petitioner to opt to electronically sign1 file1 and store any report1 form1 or supporting document required to be submitted to ,u4,s4 ,citizenship and ,immigration ,services4 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 and #aahd7;c77 beginning #ahj days after such date4