Securing Knowledge, Innovation, and Leadership Act of 2010 or the SKIL Act of 2010 - Amends the Immigration and Nationality Act to exempt from the annual H-1B (specialty occupation) visa cap an alien who has: (1) earned a master's or higher degree from an accredited U.S. university; or (2) been awarded a medical specialty certification based on post-doctoral training and experience in the United States.
Increases the annual H-1B cap, with a 20% increase for the following year if the previous year's quota is reached.
Exempts from worldwide immigration caps an alien who: (1) has earned a master's or higher degree from an accredited U.S. university; (2) has been awarded medical specialty certification based on postdoctoral training and experience in the United States; (3) will work in shortage occupations; (4) has earned a master's degree or higher in science, technology, engineering, or math and has been working in a related field in the United States during the three-year period preceding his or her immigrant visa application; (5) has extraordinary ability or received a national interest waiver; or (6) is the spouse or minor child of an employment-based immigrant.
Increases the annual immigrant visa cap.
Revises student visa provisions.
Authorizes an L-1 (intracompany transfer) visa extension beyond the fifth or seventh year if the individual has a immigrant application pending.
Permits an alien with an approved labor certification to apply for permanent resident status adjustment if there is no visa immediately available by paying a $500 supplemental fee.
Directs the Secretary of Homeland Security (DHS) to establish a pre-certification procedure for employers who file multiple employment petitions.
Revises certain labor certification provisions.
Prohibits immigration application approval until background and security checks have been completed and any fraud allegations have been resolved.
Authorizes temporary workers (E, H, I, L O, or P visas) who have not violated their status to renew their same category visa from within the United States.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 5658 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5658
To amend the Immigration and Nationality Act to increase
competitiveness in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2010
Mr. Shadegg (for himself and Mr. Djou) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to increase
competitiveness in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Securing
Knowledge, Innovation, and Leadership Act of 2010'' or the ``SKIL Act
of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ACCESS TO HIGH SKILLED FOREIGN WORKERS
Sec. 101. H-1B visa holders.
Sec. 102. Market-based visa limits.
TITLE II--RETAINING FOREIGN WORKERS EDUCATED IN THE UNITED STATES
Sec. 201. United States educated immigrants.
Sec. 202. Immigrant visa backlog reduction.
Sec. 203. Student visa reform.
Sec. 204. L-1 visa holders subject to visa backlog.
Sec. 205. Retaining workers subject to green card backlog.
TITLE III--BUSINESS FACILITATION THROUGH IMMIGRATION REFORM
Sec. 301. Streamlining the adjudication process for established
employers.
Sec. 302. Providing premium processing of employment-based visa
petitions.
Sec. 303. Eliminating procedural delays in labor certification process.
TITLE IV--MISCELLANEOUS
Sec. 401. Completion of background and security checks.
Sec. 402. Visa revalidation.
Sec. 403. Severability.
Sec. 404. Constitutional authority.
TITLE I--ACCESS TO HIGH SKILLED FOREIGN WORKERS
SEC. 101. H-1B VISA HOLDERS.
(a) In General.--Section 214(g)(5) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
(1) in subparagraph (B)--
(A) by striking ``nonprofit research'' and
inserting ``nonprofit'';
(B) by inserting ``Federal, State, or local''
before ``governmental''; and
(C) by striking ``or'' at the end;
(2) in subparagraph (C)--
(A) by striking ``a United States institution of
higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))),''
and inserting ``an institution of higher education in a
foreign country,''; and
(B) by striking the period at the end and inserting
a semicolon; and
(3) by adding at the end, the following new subparagraphs:
``(D) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
``(E) has been awarded medical specialty certification
based on post-doctoral training and experience in the United
States.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to any petition or visa application pending on the date of
enactment of this Act and any petition or visa application filed on or
after such date.
SEC. 102. MARKET-BASED VISA LIMITS.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``(beginning with fiscal year 1992)''; and
(B) in subparagraph (A)--
(i) in clause (vi) by striking ``and'';
(ii) in clause (vii), by striking ``each
succeeding fiscal year; or'' and inserting
``each of fiscal years 2004 through 2010;'';
and
(iii) by adding after clause (vii) the
following:
``(viii) 115,000 in the first fiscal year
beginning after the date of the enactment of
the Securing Knowledge, Innovation, and
Leadership Act of 2010; and
``(ix) the number calculated under
paragraph (9) in each fiscal year after the
fiscal year described in clause (viii); or'';
(2) in paragraph (5), as amended by section 101(a), in the
matter preceding subparagraph (A), by inserting
``101(a)(15)(H)(i)(b1) or section'' after ``under section'';
(3) in paragraph (8), by striking subparagraphs (B)(iv) and
(D);
(4) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(5) by inserting after paragraph (8) the following:
``(9) If the numerical limitation in paragraph (1)(A)--
``(A) is reached during the previous fiscal year,
the numerical limitation under paragraph (1)(A)(ix) for
the subsequent fiscal year shall be equal to 120
percent of the numerical limitation for the previous
fiscal year; or
``(B) is not reached during the previous fiscal
year, the numerical limitation under paragraph
(1)(A)(ix) for the subsequent fiscal year shall be
equal to the numerical limitation for the previous
fiscal year.''.
TITLE II--RETAINING FOREIGN WORKERS EDUCATED IN THE UNITED STATES
SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.
(a) In General.--Section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end
the following:
``(F) Aliens who have earned a master's or higher
degree from an accredited United States university.
``(G) Aliens who have been awarded medical
specialty certification based on post-doctoral training
and experience in the United States preceding their
application for an immigrant visa under section 203(b).
``(H) Aliens who will perform labor in shortage
occupations designated by the Secretary of Labor for
blanket certification under section 212(a)(5)(A) as
lacking sufficient United States workers able, willing,
qualified, and available for such occupations and for
which the employment of aliens will not adversely
affect the terms and conditions of similarly employed
United States workers.
``(I) Aliens who have earned a master's degree or
higher in science, technology, engineering, or math and
have been working in a related field in the United
States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant
visa under section 203(b).
``(J) Aliens described in subparagraph (A) or (B)
of section 203(b)(1) or who have received a national
interest waiver under section 203(b)(2)(B).
``(K) The spouse and minor children of an alien who
is admitted as an employment-based immigrant under
section 203(b).''.
(b) Labor Certifications.--Section 212(a)(5)(A)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)(ii)) is
amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(III) is a member of the
professions and has a master's degree
or higher from an accredited United
States university or has been awarded
medical specialty certification based
on post-doctoral training and
experience in the United States.''.
SEC. 202. IMMIGRANT VISA BACKLOG REDUCTION.
Section 201(d) of the Immigration and Nationality Act (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--The
worldwide level of employment-based immigrants under this subsection
for a fiscal year is equal to the sum of--
``(1) 290,000;
``(2) the difference between--
``(A) the maximum number of visas authorized to be
issued under this subsection during the previous fiscal
year; and
``(B) the number of such visas issued during the
previous fiscal year; and
``(3) the difference between--
``(A) the maximum number of visas authorized to be
issued under this subsection during fiscal years 2001
through 2005 and the number of visa numbers issued
under this subsection during such fiscal years; and
``(B) the number of visas calculated under
subparagraph (A) that were issued after fiscal year
2005.''.
SEC. 203. STUDENT VISA REFORM.
(a) In General.--Section 101(a)(15)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended to read as
follows:
``(F) an alien--
``(i) who--
``(I) is a bona fide student qualified to
pursue a full course of study in mathematics,
engineering, technology, or the sciences
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 214(m) at an
institution of higher education (as defined by
section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))) in the United States,
particularly designated by the alien and
approved by the Secretary of Homeland Security,
after consultation with the Secretary of
Education, which institution or place of study
shall have agreed to report to the Secretary of
Homeland Security the termination of attendance
of each nonimmigrant student, and if any such
institution of learning or place of study fails
to make reports promptly the approval shall be
withdrawn; or
``(II) 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 (I)
for a period or periods of not more than 24
months;
``(ii) who--
``(I) has a residence in a foreign country
which the alien has no intention of abandoning,
who is a bona fide student qualified to pursue
a full course of study, and who seeks to enter
the United States temporarily and solely for
the purpose of pursuing such a course of study
consistent with section 214(m) at an
established college, university, seminary,
conservatory, academic high school, elementary
school, or other academic institution or in a
language training program in the United States,
particularly designated by the alien and
approved by the Secretary of Homeland Security,
after consultation with the Secretary of
Education, which institution or place of study
shall have agreed to report to the Secretary of
Homeland Security the termination of attendance
of each nonimmigrant student, and if any such
institution of learning or place of study fails
to make reports promptly the approval shall be
withdrawn; or
``(II) 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 (I)
for a period or periods of not more than 24
months;
``(iii) who is the spouse or minor child of an
alien described in clause (i) or (ii) if accompanying
or following to join such an alien; or
``(iv) who--
``(I) is a national of Canada or Mexico,
who maintains actual residence and place of
abode in the country of nationality, who is
described in clause (i) or (ii) except that the
alien's qualifications for and actual course of
study may be full or part-time, and who
commutes to the United States institution or
place of study from Canada or Mexico; or
``(II) 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 (I)
for a period or periods of not more than 24
months;''.
(b) Admission.--Section 214(b) of the Immigration and Nationality
Act (8 U.S.C. 1184(b)) is amended by inserting ``(F)(i),'' before ``(L)
or (V)''.
(c) Conforming Amendment.--Section 214(m)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(m)(1)) is amended, in the matter
preceding subparagraph (A), by striking ``(i) or (iii)'' and inserting
``(i), (ii), or (iv)''.
SEC. 204. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)) is amended by adding at the end the following new
subparagraph:
``(G) The limitations contained in subparagraph (D) with respect to
the duration of authorized stay shall not apply to any nonimmigrant
alien previously issued a visa or otherwise provided nonimmigrant
status under section 101(a)(15)(L) on whose behalf a petition under
section 204(b) to accord the alien immigrant status under section
203(b), or an application for labor certification (if such
certification is required for the alien to obtain status under such
section 203(b)) has been filed, if 365 days or more have elapsed since
such filing. The Secretary of Homeland Security shall extend the stay
of an alien who qualifies for an exemption under this subparagraph
until such time as a final decision is made on the alien's lawful
permanent residence.''.
SEC. 205. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.
(a) Adjustment of Status.--
(1) In general.--Section 245(a) of the Immigration and
Nationality Act (8 U.S.C. 1255(a)) is amended to read as
follows:
``(a) Eligibility.--
``(1) In general.--The status of an alien who was inspected
and admitted or paroled into the United States or the status of
any other alien having an approved petition for classification
under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1) may be adjusted by the Secretary of Homeland
Security or the Attorney General, in the discretion of the
Secretary or the Attorney General under such regulations as the
Secretary or Attorney General may prescribe, to that of an
alien lawfully admitted for permanent residence if--
``(A) the alien makes an application for such
adjustment;
``(B) the alien is eligible to receive an immigrant
visa and is admissible to the United States for
permanent residence; and
``(C) an immigrant visa is immediately available to
the alien at the time the application is filed.
``(2) Supplemental fee.--An application under paragraph (1)
that is based on a petition approved or approvable under
subparagraph (E) or (F) of section 204(a)(1) may be filed
without regard to the limitation set forth in paragraph (1)(C)
if a supplemental fee of $500 is paid by the principal alien at
the time the application is filed. A supplemental fee may not
be required for any dependent alien accompanying or following
to join the principal alien.
``(3) Visa availability.--An application for adjustment
filed under this paragraph may not be approved until such time
as an immigrant visa become available.''.
(b) Use of Fees.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is
amended by inserting before the period at the end ``and the fees
collected under section 245(a)(2).''.
TITLE III--BUSINESS FACILITATION THROUGH IMMIGRATION REFORM
SEC. 301. STREAMLINING THE ADJUDICATION PROCESS FOR ESTABLISHED
EMPLOYERS.
Section 214(c) of the Immigration and Nationality Act (8. U.S.C.
1184) is amended by adding at the end the following new paragraph:
``(15) Not later than 180 days after the date of the enactment of
the Securing Knowledge, Innovation, and Leadership Act of 2010, the
Secretary of Homeland Security shall establish a pre-certification
procedure for employers who file multiple petitions described in this
subsection or section 203(b). Such precertification procedure shall
enable an employer to avoid repeatedly submitting documentation that is
common to multiple petitions and establish through a single filing
criteria relating to the employer and the offered employment
opportunity.''.
SEC. 302. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA
PETITIONS.
(a) In General.--Pursuant to section 286(u) of the Immigration and
Nationality Act (8 U.S.C. 1356(u)), the Secretary of Homeland Security
shall establish and collect a fee for premium processing of employment-
based immigrant petitions.
(b) Appeals.--Pursuant to such section 286(u), the Secretary of
Homeland Security shall establish and collect a fee for premium
processing of an administrative appeal of any decision on a permanent
employment-based immigrant petition.
SEC. 303. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.
(a) Prevailing Wage Rate.--
(1) Requirement to provide.--The Secretary of Labor shall
provide prevailing wage determinations to employers seeking a
labor certification for aliens pursuant to part 656 of title
20, Code of Federal Regulation (or any successor regulation).
The Secretary may not delegate this function to any agency of a
State.
(2) Schedule for determination.--Except as provided in
paragraph (3), the Secretary of Labor shall provide a response
to an employer's request for a prevailing wage determination in
no more than 20 calendar days from the date of receipt of such
request. If the Secretary fails to reply during such 20-day
period, then the wage proposed by the employer shall be the
valid prevailing wage rate.
(3) Use of surveys.--The Secretary of Labor shall accept an
alternative wage survey provided by the employer unless the
Secretary determines that the wage component of the
Occupational Employment Statistics Survey is more accurate for
the occupation in the labor market area.
(b) Placement of Job Order.--The Secretary of Labor shall maintain
a Web site with links to the official Web site of each workforce agency
of a State, and such official Web site shall contain instructions on
the filing of a job order in order to satisfy the job order
requirements of section 656.17(e)(1) of title 20, Code of Federal
Regulation (or any successor regulation).
(c) Technical Corrections.--The Secretary of Labor shall establish
a process by which employers seeking certification under section
212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)),
as amended by section 201(b), may make technical corrections to
applications in order to avoid requiring employers to conduct
additional recruitment to correct an initial technical error. A
technical error shall include any error that would not have a material
effect on the validity of the employer's recruitment of able, willing,
and qualified United States workers.
(d) Administrative Appeals.--Motions to reconsider, and
administrative appeals of, a denial of a permanent labor certification
application, shall be decided by the Secretary of Labor not later than
60 days after the date of the filing of such motion or such appeal.
(e) Applications Under Previous System.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Labor
shall process and issue decisions on all applications for permanent
alien labor certification that were filed prior to March 28, 2005.
(f) Effective Date.--The provisions of this section shall take
effect 90 days after the date of enactment of this Act, regardless of
whether the Secretary of Labor has amended the regulations at part 656
of title 20, Code of Federal Regulation to implement such changes.
TITLE IV--MISCELLANEOUS
SEC. 401. COMPLETION OF BACKGROUND AND SECURITY CHECKS.
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103)
is amended by adding at the end the following new subsection:
``(i) Requirement for Background Checks.--Notwithstanding any other
provision of law, until appropriate background and security checks, as
determined by the Secretary of Homeland Security, have been completed,
and the information provided to and assessed by the official with
jurisdiction to grant or issue the benefit or documentation, on an in-
camera basis as may be necessary with respect to classified, law
enforcement, or other information that cannot be disclosed publicly,
the Secretary of Homeland Security, the Attorney General, or any court
may not--
``(1) grant or order the grant of adjustment of status of
an alien to that of an alien lawfully admitted for permanent
residence;
``(2) grant or order the grant of any other status, relief,
protection from removal, or other benefit under the immigration
laws; or
``(3) issue any documentation evidencing or related to such
grant by the Secretary, the Attorney General, or any court.
``(j) Requirement To Resolve Fraud Allegations.--Notwithstanding
any other provision of law, until any suspected or alleged fraud
relating to the granting of any status (including the granting of
adjustment of status), relief, protection from removal, or other
benefit under this Act has been investigated and resolved, the
Secretary of Homeland Security and the Attorney General may not be
required to--
``(1) grant or order the grant of adjustment of status of
an alien to that of an alien lawfully admitted for permanent
residence;
``(2) grant or order the grant of any other status, relief,
protection from removal, or other benefit under the immigration
laws; or
``(3) issue any documentation evidencing or related to such
grant by the Secretary, the Attorney General, or any court.
``(k) Prohibition of Judicial Enforcement.--Notwithstanding any
other provision of law, no court may require any act described in
subsection (i) or (j) to be completed by a certain time or award any
relief for the failure to complete such acts.''.
SEC. 402. VISA REVALIDATION.
(a) In General.--Section 222 of the Immigration and Nationality Act
(8 U.S.C. 1202) is amended by adding at the end the following:
``(i) Visa Revalidation.--The Secretary of State shall permit an
alien granted a nonimmigrant visa under subparagraph (E), (H), (I),
(L), (O), or (P) of section 101(a)(15) to apply for a renewal of such
visa within the United States if--
``(1) such visa expired during the 12-month period ending
on the date of such application;
``(2) the alien is seeking a nonimmigrant visa under the
same subparagraph under which the alien had previously received
a visa; and
``(3) the alien has complied with the immigration laws and
regulations of the United States.''.
(b) Conforming Amendment.--Section 222(h) of such Act is amended,
in the matter preceding subparagraph (1), by inserting ``and except as
provided under subsection (i),'' after ``Act''.
SEC. 403. SEVERABILITY.
If any provision of this Act, any amendment by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be invalid for any reason, the remainder of
this Act, the amendments made by this Act, and the applications of such
to any other person or circumstance shall not be affected by such
holding.
SEC. 404. CONSTITUTIONAL AUTHORITY.
The constitutional authority on which this Act rests is the power
of Congress to establish a uniform rule of naturalization and authority
to provide for the general welfare of the United States as enumerated
in article I, section 8 of the United States Constitution.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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