American Innovation and Education Act of 2011 - Amends the Immigration and Nationality Act to establish a priority worker immigrant visa for an alien who has a qualifying: (1) master's or higher degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. institution of higher education; and (2) employment offer from a U.S. employer.
Eliminates the foreign residency requirement for certain foreign students.
Revises per country (and dependent) area limits to: (1) eliminate employment-based limits, and (2) increase family-based limits.
Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual Chinese (PRC) immigrant visas to offset status adjustments under such Act.
Establishes in the Treasury the STEM Education and Training Account. Sets aside specified Account funds for: (1) a STEM scholarship program for low-income U.S. students enrolled in degree programs in science, technology, engineering, or mathematics; (2) a grant program to improve K-12 education, including through private-public partnerships; and (3) programs for STEM capacity building at minority-serving institutions of higher education.
Revises labor certification provisions, including: (1) requiring the Department of Labor to adjudicate an application within 120 days, and (2) creating an Established U.S. Recruiter designation for recruiters who regularly recruit U.S. workers.
Establishes in the Treasury the Labor Certification Application Fee Account.
Directs the Secretary of Homeland Security (DHS) to establish a pre-certification procedure for employers who file multiple petitions for employment-based immigrants or for certain nonimmigrant workers.
Makes the discretionary fee for employment-based petitions and applications mandatory.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3146 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3146
To amend the Immigration and Nationality Act to promote innovation,
investment, and research in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 11, 2011
Mr. Labrador (for himself, Mr. Griffin of Arkansas, Mr. Ross of
Florida, Mr. Yoder, Mr. Sensenbrenner, and Mr. Dold) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Science, Space, and Technology and
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to promote innovation,
investment, and research 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.
This Act may be cited as the ``American Innovation and Education
Act of 2011''.
TITLE I--ATTRACTING AND RETAINING INNOVATORS AND JOB CREATORS
SEC. 101. U.S. GRADUATES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS.
(a) Advanced STEM Graduates.--Section 203(b)(1) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``(A) through (C)'' and inserting ``(A) through (D)''; and
(2) by adding at the end the following:
``(D) Advanced graduates in science, technology,
engineering and mathematics.--An alien is described in
this subparagraph if--
``(i) the alien possesses a graduate degree
at the level of master's or higher in a field
of science, technology, engineering, or
mathematics from a United States institution of
higher education that has been designated by
the Director of the National Science Foundation
as a research institution or as otherwise
excelling at instruction in such fields;
``(ii) the alien has an offer of employment
from a United States employer in a field
related to such degree; and
``(iii) the employer is offering and will
offer wages that are at least--
``(I) the actual wage level paid by
the employer to all other individuals
with similar experience and
qualifications in the same occupational
classification; or
``(II) the prevailing wage level
for the occupational classification in
the area of employment;
whichever is greater, based on the best
information available as of the time of filing
the petition.''.
(b) Cap Exemption.--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 described in paragraph (1)(B) or (1)(D) of
section 203(b).''.
(c) Removing Visa Hurdles for Students.--
(1) Providing dual intent.--
(A) In general.--Section 101(a)(15)(F)(i) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)(i)) is amended by striking ``an alien
having a residence in a foreign country which he has no
intention of abandoning, who is a bona fide student
qualified to pursue a full course of study and who''
and inserting ``an alien who is a bona fide student
qualified to pursue a full course of study, who (except
for a student qualified to pursue a full course of
study at an institution of higher education) has a
residence in a foreign country which the alien has no
intention of abandoning, and who''.
(B) Conforming amendments.--
(i) Section 214(b) of the Immigration and
Nationality Act (8 U.S.C. 1184(b)) is amended
by striking ``(other than a nonimmigrant'' and
inserting ``(other than a nonimmigrant
described in section 101(a)(15)(F) if the alien
is qualified to pursue a full course of study
at an institution of higher education, other
than a nonimmigrant''.
(ii) Section 214(h) of the Immigration and
Nationality Act (8 U.S.C. 1184(h)) is amended
by inserting ``(F) (if the alien is qualified
to pursue a full course of study at an
institution of higher education),'' before
``H(i)(b)''.
(2) Definitions.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the
end the following:
``(52) The term `institution of higher education' has the
meaning given such term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
``(53) The term `employer' shall include any group treated
as a single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986.''.
(d) Conforming Amendments.--Section 204(a)(1)(F) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is amended--
(1) by inserting ``203(b)(1)(D),'' after ``203(b)(1)(C),'';
and
(2) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''.
SEC. 102. ELIMINATING GREEN CARD BACKLOGS.
(a) Per Country Levels.--Section 202(a) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``, (4), and (5)'' and inserting
``and (4)'';
(B) by striking ``subsections (a) and (b) of
section 203'' and inserting ``section 203(a)'';
(C) by striking ``7 percent (in the case of a
single foreign state) or 2 percent'' and inserting ``15
percent (in the case of a single foreign state) or 5
percent''; and
(D) by striking ``such subsections'' and inserting
``such section''; and
(2) by striking paragraph (5).
(b) Country-Specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e)'' and
inserting ``subsection (d)'';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
TITLE II--INVESTING IN THE NEXT GENERATION OF INNOVATORS AND JOB
CREATORS
SEC. 201. INVESTING IN STEM EDUCATION FOR U.S. STUDENTS.
Section 204(a)(1)(F) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(F)), as amended by this Act, is further amended--
(1) by striking ``(F)'' and inserting ``(F)(i)''; and
(2) by adding at the end the following:
``(ii)(I) The Secretary of Homeland Security shall
impose a fee on an employer (excluding any employer
that is a primary or secondary education institution,
an institution of higher education, a nonprofit entity
related to or affiliated with any such institution, a
nonprofit entity which engages in established
curriculum-related clinical training of students
registered at any such institution, a nonprofit
research organization, or a governmental research
organization) filing a petition under clause (i) to
employ an alien entitled to classification under
subparagraph (B) or (D) of section 203(b)(1), section
203(b)(2), clause (i) or (ii) of section 203(b)(3)(A),
section 203(b)(5) or section 203(b)(6).
``(II) The amount of the fee shall be $2,000 for
each such petition except that the fee shall be half
the amount for each such petition by any employer with
not more than 25 full-time equivalent employees who are
employed in the United States.
``(III) Fees collected under this clause shall be
deposited in the Treasury in accordance with section
286(s).''.
SEC. 202. U.S. STEM EDUCATION AND TRAINING ACCOUNT.
Section 286(s) of the Immigration and Nationality Act (8 U.S.C.
1356(s)) is amended to read as follows:
``(s) STEM Education and Training Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`STEM Education and Training Account'. Notwithstanding any
other section of this title, there shall be deposited as
offsetting receipts into the account all fees collected under
section 204(a)(1)(F)(ii) and paragraphs (9) and (11) of section
214(c).
``(2) Low-income stem scholarship program.--60 percent of
the amounts deposited into the STEM Education and Training
Account shall remain available to the Director of the National
Science Foundation until expended for scholarships described in
section 414(d) of the American Competitiveness and Workforce
Improvement Act of 1998 for low-income students enrolled in a
program of study leading to a degree in science, technology,
engineering, or mathematics.
``(3) National science foundation competitive grant program
for k-12 science, technology, engineering and mathematics
education.--
``(A) In general.--15 percent of the amounts
deposited into the STEM Education and Training Account
shall remain available to the Director of the National
Science Foundation until expended to carry out a direct
or matching grant program to support improvement in K-
12 education, including through private-public
partnerships.
``(B) Types of programs covered.--The Director
shall award grants to such programs, including those
which support the development and implementation of
standards-based instructional materials models and
related student assessments that enable K-12 students
to acquire an understanding of science, technology,
engineering, and mathematics, as well as to develop
critical thinking skills; provide systemic improvement
in training K-12 teachers and education for students in
science, technology, engineering, and mathematics,
including by supporting efforts to promote gender-
equality among students receiving such instruction;
support the professional development of K-12 science,
technology, engineering and mathematics teachers in the
use of technology in the classroom; stimulate system-
wide K-12 reform of science, technology, engineering,
and mathematics in rural, economically disadvantaged
regions of the United States; provide externships and
other opportunities for students to increase their
appreciation and understanding of science, technology,
engineering, and mathematics (including summer
institutes sponsored by an institution of higher
education for students in grades 7-12 that provide
instruction in such fields); involve partnerships of
industry, educational institutions, and community
organizations to address the educational needs of
disadvantaged communities; provide college preparatory
support to expose and prepare students for careers in
science, technology, engineering, and mathematics; and
provide for carrying out systemic reform activities
under section 3(a)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).
``(4) STEM capacity building at minority-serving
institutions.--
``(A) In general.--12 percent of the amounts
deposited into the STEM Education and Training Account
shall remain available to the Director of the National
Science Foundation until expended to establish or
expand programs to award grants on a competitive,
merit-reviewed basis to enhance the quality of
undergraduate science, technology, engineering, and
mathematics education at minority-serving institutions
of higher education and to increase the retention and
graduation rates of students pursuing degrees in such
fields at such institutions.
``(B) Types of programs covered.--Grants awarded
under this paragraph shall be awarded to--
``(i) minority-serving institutions of
higher education for--
``(I) activities to improve courses
and curriculum in science, technology,
engineering, and mathematics;
``(II) efforts to promote gender
equality among students enrolled in
such courses;
``(III) faculty development;
``(IV) stipends for undergraduate
students participating in research; and
``(V) other activities consistent
with subparagraph (A), as determined by
the Director; and
``(ii) to other institutions of higher
education to partner with the institutions
described in clause (i) for--
``(I) faculty and student
development and exchange;
``(II) research infrastructure
development;
``(III) joint research projects;
and
``(IV) identification and
development of minority and low-income
candidates for graduate studies in
science, technology, engineering and
mathematics degree programs.
``(C) Institutions included.--In this paragraph,
the term `minority-serving institutions of higher
education' shall include--
``(i) colleges eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321-
326a and 328), including Tuskegee University;
``(ii) 1994 Institutions, as defined in
section 532 of the Equity in Educational Land-
Grant Status Act of 1994 (7 U.S.C. 301 note);
and
``(iii) Hispanic-serving institutions, as
defined in section 502(a)(5) of the Higher
Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
``(5) STEM job training.--10 percent of amounts deposited
into the STEM Education and Training Account shall remain
available to the Secretary of Labor until expended for--
``(A) demonstration programs and projects described
in section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998; and
``(B) training programs in the fields of science,
technology, engineering, and mathematics for persons
who have served honorably in the Armed Forces of the
United States and have retired or are retiring from
such service.
``(6) Use of fees for duties relating to petitions.--1.5
percent of the amounts deposited into the STEM Education and
Training Account shall remain available to the Secretary of
Homeland Security until expended to carry out duties under
paragraphs (1) (E) or (F) of section 204(a) (related to
petitions for immigrants described in section 203(b)) and under
paragraphs (1) and (9) of section 214(c) (related to petitions
made for nonimmigrants described in section
101(a)(15)(H)(i)(b)).
``(7) Use of fees for application processing and
enforcement.--1.5 percent of the amounts deposited into the
STEM Education and Training Account shall remain available to
the Secretary of Labor until expended for decreasing the
processing time for applications under section 212(a)(5)(A) and
section 212(n)(1).''.
TITLE III--REDUCING ADMINISTRATIVE HURDLES TO FOSTER INNOVATION AND JOB
CREATION
SEC. 301. STREAMLINING LABOR CERTIFICATIONS.
(a) In General.--Section 212(a)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended--
(1) in clause (ii)--
(A) in subclause (I), by striking ``or'';
(B) in subclause (II), by striking the period and
inserting ``, or'';
(C) by adding at the end the following new
subclause:
``(III) is the beneficiary of a
labor certification application filed
by an employer designated as an
Established U.S. Recruiter under clause
(vii).''; and
(2) by adding at the end the following new clauses:
``(v) Processing standards.--
``(I) Timeframes.--The Secretary of
Labor shall adjudicate an application
for certification under clause (i) not
later than 120 days after the date on
which the application is filed. In the
event that additional information or
documentation is requested by the
Secretary during such 120-day period,
the Secretary shall adjudicate the
application not later than 60 days
after the date on which such
information or documentation is
received.
``(II) Notice within 30 days of
deficiencies.--The employer shall be
notified in writing within 30 days of
the date of filing if the application
does not meet the standards (other than
that described in clause (i)(I)) for
approval. If the application does not
meet such standards, the notice shall
include the reasons therefor and the
Secretary shall provide an opportunity
for the prompt resubmission of a
modified application.
``(vi) Fees.--
``(I) Application fee.--In addition
to any other fees authorized by law,
the Secretary of Labor shall impose a
fee on an employer that submits an
application for certification under
clause (i). The amount of the fee shall
be $295 for each such application.
``(II) Premium processing.--The
Secretary of Labor is authorized to
establish and collect an optional
premium fee for processing of
applications for certification under
clause (i). This fee shall be set at
$1,000 and shall be paid in addition to
the application fee under subclause
(I). For an application in which the
premium processing fee is paid, the
Secretary shall adjudicate the
application not later than 30 days
after the date on which the application
is filed. In the event that additional
information or documentation is
requested by the Secretary with respect
to such application during the 30-day
period, the Secretary shall adjudicate
the application not later than 30 days
after the date on which such
information or documentation is
received. If the Secretary does not
comply with these timeframes, the
Secretary shall refund the premium
processing fee to the applicant.
``(III) Deposit of fees.--Fees
collected under subclauses (I) and (II)
shall be deposited in the Treasury in
accordance with section 286(w).
``(IV) Prohibition on employer
accepting reimbursement of fee.--An
employer subject to a fee under this
clause shall not require or accept
reimbursement of or other compensation
for all or part of the cost of such
fee, directly or indirectly, from the
alien on whose behalf the application
is filed.
``(vii) Established u.s. recruiters.--
``(I) In general.--The Secretary of
Labor shall establish a process for
employers to apply for designation as
an Established U.S. Recruiter. An
employer seeking such designation must
file an application with the Secretary
stating the following:
``(aa) At least 80 percent
of the employer's workforce in
the United States are United
States workers.
``(bb) At least 80 percent
of the employer's new hires in
the United States in the 5
years preceding the filing of
the application are United
States workers.
``(cc) The employer
regularly posts employment
opportunities on a publicly
accessible Internet website and
has engaged in at least 3 other
forms of active recruitment on
an annual basis over the
preceding 3 years.
``(dd) The employer will
continue to engage in the
recruitment efforts described
in item (cc) during the
certification period.
For the purposes of this clause, the
term `United States worker' shall
include an alien with a pending or
approved petition under subparagraph
(E) or (F) of section 204(a)(1).
``(II) Designation.--
``(aa) Timely
adjudications.--The Secretary
of Labor shall adjudicate an
application for designation
under subclause (I) not later
than 30 days after the date on
which the application is filed.
In the event that additional
information or documentation is
requested by the Secretary, the
Secretary shall adjudicate the
application not later than 30
days after the receipt of such
information or documentation.
``(bb) Application fee.--In
addition to any other fees
authorized by law, the
Secretary of Labor may impose a
fee on an employer that submits
an application for designation
under subclause (I). The amount
of the fee shall be $500 for
each such application. Fees
collected under this clause
shall be deposited in the
Treasury in accordance with
section 286(w).
``(cc) Period of
designation.--Unless terminated
under item (dd), a designation
issued under this clause shall
be valid for 3 years.
``(dd) Termination.--The
Secretary of Labor may
terminate a designation under
subclause (I) if the Secretary
determines that the employer--
``(AA) did not
fulfill the
requirements of such
subclause at the time
the certification was
issued; or
``(BB) failed to
meet the requirements
under subclause (I)(ee)
during the designation
period described in
item (cc).
``(III) Active recruitment.--For
the purposes of this clause `active
recruitment' means any of the
following:
``(aa) Employee referral
program.--The employer operates
an employee referral program
that includes meaningful
incentives for employees to
refer workers for job openings.
``(bb) In-house
recruiters.--The employer
retains an in-house recruiter
on a full-time basis to recruit
workers for job openings.
``(cc) Job fairs.--The
employer recruits workers at
job fairs that are advertised
in newspaper advertisements in
which the employer is named as
a participant in such fairs.
``(dd) Military
recruiting.--The employer
recruits workers during
recruiting events that are
organized by the Armed Forces
of the United States.
``(ee) On-campus
recruiting.--The employer
recruits workers at
institutions of higher
education during recruiting
events that are organized by
such institutions.
``(ff) Private employment
firms.--The employer regularly
engages private employment
firms or placement agencies to
recruit workers for job
openings.
``(gg) Trade or
professional organizations.--
The employer regularly
advertises with trade or
professional organizations to
recruit workers for job
openings.''.
(b) Establishment of Account and Use of Funds.--Section 286 of the
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
the end the following new subsection:
``(w) Labor Certification Application Fee Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`Labor Certification Application Fee Account'. Notwithstanding
any other section of this title, there shall be deposited as
offsetting receipts into the account all fees collected under
section 212(a)(5)(A).
``(2) Use of fees.--Amounts deposited into the Labor
Certification Application Fee Account shall remain available to
the Secretary of Labor until expended for carrying out labor
certification activities under section 212(a)(5)(A) (including
providing premium processing services) and to make
infrastructure improvements in the adjudications and customer-
service processes related to such activities.''.
SEC. 302. STREAMLINING PETITIONS 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:
``(15) 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. 303. PREMIUM PROCESSING.
Section 286(u) of the Immigration and Nationality Act (8 U.S.C.
1356(u)) is amended--
(1) by striking ``is authorized to'' and inserting
``shall''; and
(2) at the end of the first sentence, by striking
``applications.'' and inserting ``applications, including an
administrative appeal of any decision on an employment-based
immigrant petition.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Science, Space, and Technology, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Science, Space, and Technology, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Science, Space, and Technology, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Immigration Policy and Enforcement.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
Referred to the Subcommittee on Higher Education and Workforce Training.
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