Best Return on America's Investment Now Act or BRAIN Act - Amends the Immigration and Nationality Act to make up to 10% of the worldwide employment-based immigration level available to qualified immigrants who: (1) hold a doctorate degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. doctoral institution of higher education; and (2) have taken all doctoral courses in a STEM field, including all courses taken by correspondence or by distance education, while physically present in the United States.
Reduces the number of immigrant visas available to skilled workers, professionals, and other workers.
Revises the computation of the total number of immigrant visas that may be made available to natives of any single foreign state or dependent area in a fiscal year.
States that: (1) the permanent priority date for any employment-based petition shall be the date on which the petition is filed with Secretary of Homeland Security (DHS) (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date; and (2) an alien who is the beneficiary of an employment-based petition that was approvable when filed shall retain that petition's priority date in the consideration of any subsequently filed employment-based petition.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4467 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4467
To amend the Immigration and Nationality Act to provide for visas for
certain advanced STEM graduates, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2014
Mr. Capuano introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for visas for
certain advanced STEM graduates, 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--
(1) the ``Best Return on America's Investment Now Act''; or
(2) the ``BRAIN Act''.
SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES.
(a) Preference Allocation for Employment-Based Immigrants.--Section
203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is
amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) Aliens holding doctorate degrees from u.s. doctoral
institutions of higher education in science, technology,
engineering, or mathematics.--
``(A) In general.--Visas shall be made available,
in a number not to exceed 10 percent of such worldwide
level, to qualified immigrants who--
``(i) hold a doctorate degree in a field of
science, technology, engineering, or
mathematics from a United States doctoral
institution of higher education; and
``(ii) have taken all doctoral courses in a
field of science, technology, engineering, or
mathematics, including all courses taken by
correspondence (including courses offered by
telecommunications) or by distance education,
while physically present in the United States.
``(B) Definitions.--For purposes of this paragraph:
``(i) The term `distance education' has the
meaning given such term in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003).
``(ii) The term `field of science,
technology, engineering, or mathematics' means
a field included in the Department of
Education's Classification of Instructional
Programs taxonomy within the summary groups of
computer and information sciences and support
services, engineering, mathematics and
statistics, and physical sciences.
``(iii) The term `United States doctoral
institution of higher education' means an
institution that--
``(I) is described in section
101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)) or is a
proprietary institution of higher
education (as defined in section 102(b)
of such Act (20 U.S.C. 1002(b))); and
``(II) was classified by the
Carnegie Foundation for the Advancement
of Teaching on January 1, 2012, as a
doctorate-granting university with a
very high or high level of research
activity or classified by the National
Science Foundation after the date of
enactment of this paragraph, pursuant
to an application by the institution,
as having equivalent research activity
to those institutions that had been
classified by the Carnegie Foundation
as being doctorate-granting
universities with a very high or high
level of research activity.''.
(b) Procedure for Granting Immigrant Status.--Section 204(a)(1)(E)
of such Act (8 U.S.C. 1154(a)(1)(E)) is amended--
(1) by striking ``(E)'' and inserting ``(E)(i)'';
(2) by striking ``203(b)(1)(A),'' and inserting
``203(b)(1)(A) or 203(b)(6),'';
(3) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(4) by adding at the end the following:
``(ii) The following processing standards shall
apply with respect to petitions under clause (i)
relating to alien beneficiaries qualifying under
section 203(b)(6):
``(I) The Secretary of Homeland Security
shall adjudicate such petitions not later than
60 days after the date on which the petition is
filed. In the event that additional information
or documentation is requested by the Secretary
during such 60-day period, the Secretary shall
adjudicate the petition not later than 30 days
after the date on which such information or
documentation is received.
``(II) The petitioner shall be notified in
writing within 30 days of the date of filing if
the petition does not meet the standards for
approval. If the petition does not meet such
standards, the notice shall include the reasons
therefore and the Secretary shall provide an
opportunity for the prompt resubmission of a
modified petition.''.
(c) Skilled Workers, Professionals, and Other Workers.--Section
203(b)(3)(A) of such Act (8 U.S.C. 1153(b)(3)(A)) is amended by
striking ``28.6'' and inserting ``25.74''.
(d) GAO Study.--Not later than June 30, 2018, the Comptroller
General of the United States shall provide to the Congress the results
of a study on the use by the National Science Foundation of the
classification authority provided under section 203(b)(6)(B)(iii)(II)
of the Immigration and Nationality Act (8 U.S.C.
1153(b)(6)(B)(iii)(II)), as added by this section.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014, and shall apply with respect to fiscal years
beginning on or after such date. Nothing in the preceding sentence
shall be construed to prohibit the Secretary of Homeland Security from
accepting before such date petitions under section 204(a)(1)(E) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(E)) relating to
alien beneficiaries qualifying under section 203(b)(6) of such Act (8
U.S.C. 1153(b)(6)) (as added by this section).
SEC. 3. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) by striking ``subsections (a) and (b)'' and inserting
``subsection (a), and paragraphs (3), (4), and (5) of
subsection (b),'';
(2) by striking ``such subsections'' and inserting ``such
provisions''.
(b) Rules for Employment-Based Immigrants.--Section 202(a)(5) of
such Act (8 U.S.C. 1152(a)(5)) is amended--
(1) in subparagraph (A), by striking ``(1), (2), (3), (4),
or (5)'' and inserting ``(3), (4), or (5)''; and
(2) in subparagraph (B)--
(A) by inserting ``paragraphs (3), (4), and (5)
of'' before ``section 203(b) exceeds''; and
(B) by striking ``section 203(b) consistent'' and
inserting ``such paragraphs consistent''.
(c) Special Rules for Countries at Ceiling.--Section 202(e) of such
Act (8 U.S.C. 1152(e)) is amended--
(1) by striking ``subsections (a) and (b)'' each place such
term appears and inserting ``subsection (a), and paragraphs
(3), (4), and (5) of subsection (b),''; and
(2) by striking ``(1) through (5)'' and inserting ``(3),
(4), and (5)''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014, and shall apply with respect to fiscal years
beginning on or after such date.
SEC. 4. PERMANENT PRIORITY DATES.
(a) In General.--Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended by adding at the end the following:
``(i) Permanent Priority Dates.--
``(1) In general.--Subject to subsection (h)(3) and
paragraph (2), the priority date for any employment-based
petition shall be the date of filing of the petition with the
Secretary of Homeland Security (or the Secretary of State, if
applicable), unless the filing of the petition was preceded by
the filing of a labor certification with the Secretary of
Labor, in which case that date shall constitute the priority
date.
``(2) Subsequent employment-based petitions.--Subject to
subsection (h)(3), an alien who is the beneficiary of any
employment-based petition that was approvable when filed
(including self-petitioners) shall retain the priority date
assigned with respect to that petition in the consideration of
any subsequently filed employment-based petition (including
self-petitions).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2014, and shall apply to aliens who are a
beneficiary of a classification petition pending on or after such date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Border Security.
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