H.R. 2131 — what changed

“(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 55,000, reduced for any fiscal year by the number by which the number of visas under section 201(e) would have been reduced in that year pursuant to section 203(d) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1151 note) if section 201(e) had not been repealed by section 106 of the SKILLS Visa Act, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who—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, or have successfully completed a dental, medical, or veterinary residency program (within the summary group of residency programs in the Department of Education’s Classification of Instructional Programs taxonomy), have received a medical degree (MD) in a program that prepares individuals for the independent professional practice of medicine (series 51.12 in the Department of Education’s Classification of Instructional Programs taxonomy), have received a dentistry degree (DDS, DMD) in a program that prepares individuals for the independent professional practice of dentistry/dental medicine (series 51.04 in the Department of Education’s Classification of Instructional Programs taxonomy), have received a veterinary degree (DVM) in a program that prepares individuals for the independent professional practice of veterinary medicine (series 51.24 in the Department of Education’s Classification of Instructional Programs taxonomy), or have received an osteopathic medicine/osteopathy degree (DO) in a program that prepares individuals for the independent professional practice of osteopathic medicine (series 51.19 in the Department of Education’s Classification of Instructional Programs taxonomy) from an institution that is described in subclauses (I), (III), and (IV) of subparagraph (B)(iii); and

changed “(ii) have taken all not less than 85 percent of the courses required for such degrees, 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, paragraph (7), and sections 101(a)(15)(F)(i)(I) and 212(a)(5)(A)(iii)(III):

“(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).

changed “(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, biological and biomedical sciences, mathematics and statistics, physical sciences, and the series geography and cartography (series 45.07), advanced/graduate dentistry and oral sciences (series 51.05) and nursing (series 51.16).51.38).

“(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)));

“(II) was classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2013, 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;

“(III) has been in existence for at least 10 years; and

“(IV) is accredited by an accrediting body that is itself accredited either by the Department of Education or by the Council for Higher Education Accreditation.

“(C) Labor certification required

“(i) In general—Subject to clause (ii), the Secretary of Homeland Security may not approve a petition filed for classification of an alien under subparagraph (A) unless the Secretary of Homeland Security is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A), except that the Secretary of Homeland Security may, when the Secretary deems it to be in the national interest, waive this requirement.

“(ii) Requirement deemed satisfied—The requirement of clause (i) shall be deemed satisfied with respect to an employer and an alien in a case in which a certification made under section 212(a)(5)(A)(i) has already been obtained with respect to the alien by that employer.

“(7) Aliens holding master’s degrees from U.S. doctoral institutions of higher education in science, technology, engineering, or mathematics

“(A) In general—Any visas not required for the classes specified in paragraphs (1) and (6) shall be made available to the classes of aliens who—

“(i) hold a master’s degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education that was either part of a master’s program that required at least 2 years of enrollment or part of a 5-year combined baccalaureate-master’s degree program in such field;

changed “(ii) have taken all not less than 85 percent of the master’s degree 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; and

“(iii) hold a baccalaureate degree in a field of science, technology, engineering, or mathematics.

“(B) Labor certification required

“(i) In general—Subject to clause (ii), the Secretary of Homeland Security may not approve a petition filed for classification of an alien under subparagraph (A) unless the Secretary of Homeland Security is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A), except that the Secretary of Homeland Security may, when the Secretary deems it to be in the national interest, waive this requirement.

“(ii) Requirement deemed satisfied—The requirement of clause (i) shall be deemed satisfied with respect to an employer and an alien in a case in which a certification made under section 212(a)(5)(A)(i) has already been obtained with respect to the alien by that employer.

“(C) Definitions—The definitions in paragraph (6)(B) shall apply for purposes of this paragraph.”

“(ii) The following processing standards shall apply with respect to petitions under clause (i) relating to alien beneficiaries qualifying under paragraph (6) or (7) of section 203(b):

“(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.”

“(III) holds a doctorate degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education (as defined in section 203(b)(6)(B)(iii)).”

“(ii) Job order

“(I) In general—An employer who files an application under clause (i) shall submit a job order for the labor the alien seeks to perform to the State workforce agency in the State in which the alien seeks to perform the labor. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.).

“(II) Links—The Secretary of Labor shall include links to the official websites of all State workforce agencies on a single webpage of the official website of the Department of Labor.”

“(vi) Processing standards for alien beneficiaries qualifying under paragraphs (6) and (7) of section 203(b)—The following processing standards shall apply with respect to applications under clause (i) relating to alien beneficiaries qualifying under paragraph (6) or (7) of section 203(b):

“(I) The Secretary of Labor shall adjudicate such applications not later than 180 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 180-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) The applicant shall be notified in writing within 60 days of the date of filing if the application does not meet the standards for approval. If the application 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 application.”

“(8) Alien entrepreneurs

“(A) In general—Visas shall be made available, in a number not to exceed 10,000, plus any visas not required for the classes specified in paragraphs (1), (2), and (3), to the following classes of aliens:

“(i) Venture capital-backed start-up entrepreneurs

changed “(I) An In general—An alien is described in this clause if the alien intends to engage in a new commercial enterprise (including a limited partnership) in the United States—

“(aa) with respect to which the alien has completed an investment agreement requiring an investment in the enterprise in an amount not less than $500,000, subject to subclause (III), on the part of—

changed “(AA) a venture capital fund whose investment adviser is a qualified venture capital operating company; entity; or

changed “(BB) 1 2 or more qualified angel investors (of which at least 1 such investor is providing $100,000, subject to subclause (III), of the required investment); investors; and

changed “(bb) which will benefit the United States economy and, during the 2-year 3-year period beginning on the date on which the visa is issued under this paragraph, will—

“(AA) create full-time employment for at least 5 United States workers within the enterprise; and

“(BB) raise not less than an additional $1,000,000 in capital investment, subject to subclause (III), or generate not less than $1,000,000 in revenue, subject to subclause (III).

“(II) Definitions—For purposes of this clause:

“(aa) Investment—The term “investment” does not include any assets acquired, directly or indirectly, by unlawful means.

changed “(bb) Qualified Angel Investor—The Investment adviser—The term “qualified angel investor” means an individual who—“investment adviser” has the meaning given such term under section 202(a)(11) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(11)).

added “(cc) Qualified Angel Investor—The term “qualified angel investor” means an individual who—

“(AA) is an accredited investor (as defined in section 230.501(a) of title 17, Code of Federal Regulations (as in effect on April 1, 2010));

“(BB) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; and

removed “(CC) has made at least 2 equity investments of not less than $50,000 in each of the 3 years before the date of a petition by the qualified immigrant for classification under this paragraph.

changed “(cc) Qualified Venture Capital Operating Company—The term “qualified venture capital operating company” means an entity that—“(CC) has made at least 2 investments during the 3 year period before the date of a petition by the qualified immigrant for classification under this paragraph.

changed “(AA) is classified as a “venture “(dd) Qualified venture capital operating company” under section 2510.3–101(d) of title 29, Code of Federal Regulations (as in effect on July 1, 2009);entity—The term “qualified venture capital entity” means, with respect to a qualified immigrant, an entity that—

changed “(BB) “(AA) serves as an investment adviser to a venture capital fund that is based in the United States;making an investment under this paragraph;

changed “(CC) is owned and controlled by United States citizens “(BB) has its primary office location or aliens lawfully admitted to principal place of business in the United States for permanent residence;States;

changed “(DD) has capital commitments “(CC) is owned and controlled, directly or indirectly, by individuals the majority of not less than $10,000,000;whom are United States citizens or aliens lawfully admitted to the United States for permanent residence;

changed “(EE) “(DD) has been operating advising one or more venture capital funds for a period of at least 2 years before the date of the petition for classification under this paragraph; and

changed “(FF) has “(EE) advises one or more venture capital funds that have made at least 2 investments of not less than $500,000 in each of the 2 years before the date of the petition for classification under this paragraph.

added “(ee) Venture capital fund—The term “venture capital fund” means an entity—

added “(AA) that is classified as a “venture capital operating company” under section 2510.3–101(d) of title 29, Code of Federal Regulations (as in effect on January 1, 2013) or has management rights in its portfolio companies to the extent required by such section if the venture capital fund were classified as a venture capital operating company;

added “(BB) has capital commitments of not less than $10,000,000; and

added “(CC) whose general partner or managing member is owned and controlled, directly or indirectly, by individuals the majority of whom are United States citizens or aliens lawfully admitted to the United States for permanent residence.

“(III) Inflation Adjustment—Effective for the first fiscal year that begins more than 6 months after the date of the enactment of this clause, and for each fiscal year thereafter, the amounts described in subclauses (I) and (II) shall be increased by the percentage (if any) 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 preceding calendar year. An increase described in the preceding sentence shall apply to aliens filing petitions under section 204(a)(1)(H) on or after the date on which the increase takes effect. For purposes of this clause, the term “Consumer Price Index” means the Consumer Price Index for all urban consumers published by the Department of Labor.

“(ii) Treaty Investors—Immigrants who have been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(E)(ii) (not including alien employees of the treaty investor) who have maintained that status for a minimum of 10 years and have benefitted the United States economy and created full-time employment for not fewer than 5 United States workers for a minimum of 10 years.

“(B) Definitions—For purposes of this paragraph:

“(i) The term “full-time employment” has the meaning given such term in paragraph (5).

“(ii) The term “United States worker” means an employee (other than the immigrant or the immigrant’s spouse, sons, or daughters) who—

“(I) is a citizen or national of the United States; or

“(II) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized to be employed in the United States.”

“216B. Conditional permanent resident status for certain alien entrepreneurs, spouses, and children

“(a) In general

“(1) Conditional basis for status—Notwithstanding any other provision of this Act, an alien entrepreneur (as defined in subsection (f)(1) of this section), alien spouse, and alien child (as defined in subsection (f)(2) of this section) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.

“(2) Notice of requirements

“(A) At time of obtaining permanent residence—At the time an alien entrepreneur, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to such an entrepreneur, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) of this section to have the conditional basis of such status removed.

“(B) At time of required petition—In addition, the Secretary of Homeland Security shall attempt to provide notice to such an entrepreneur, spouse, or child, at or about the beginning of the 90-day period described in subsection (d)(2)(A) of this section, of the requirements of subsection (c)(1) of this section.

“(C) Effect of failure to provide notice—The failure of the Secretary of Homeland Security to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such an entrepreneur, spouse, or child.

“(b) Termination of status if finding that qualifying entrepreneurship improper

changed “(1) In general—In the case of an alien entrepreneur with permanent resident status on a conditional basis under subsection (a) of this section, if the Secretary of Homeland Security determines, before the second third anniversary of the alien’s obtaining the status of lawful admission for permanent residence, that—

“(A) the required investment in the commercial enterprise under section 203(b)(8)(A)(i)(I) was intended solely as a means of evading the immigration laws of the United States;

“(B)

“(i) any requisite capital to be invested under section 203(b)(8)(A)(i)(I) had not been invested, or was not actively in the process of being invested; or

“(ii) the alien was not sustaining the actions described in clause (i) throughout the period of the alien’s residence in the United States; or

“(C) the alien was otherwise not conforming to the requirements of section 203(b)(8)(A)(i);

“(2) Hearing in removal proceeding—Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met.

“(c) Requirements of timely petition and interview for removal of condition

“(1) In general—In order for the conditional basis established under subsection (a) of this section for an alien entrepreneur, alien spouse, or alien child to be removed—

“(A) the alien entrepreneur must submit to the Secretary of Homeland Security, during the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1); and

“(B) in accordance with subsection (d)(3), the alien entrepreneur must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1).

“(2) Termination of permanent resident status for failure to file petition or have personal interview

“(A) In general—In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if—

“(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A); or

changed “(ii) unless there is good cause shown, the alien entrepreneur fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(3) of this section), the Secretary of Homeland Security shall terminate the permanent resident status of the alien (and the alien’s spouse and children if it was obtained on a conditional basis under this section or section 216A) as of the second third anniversary of the alien’s lawful admission for permanent residence.

“(B) Hearing in removal proceeding—In any removal proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of subparagraphs (A) and (B) of paragraph (1).

“(3) Determination after petition and interview

“(A) In general—If—

“(i) a petition is filed in accordance with the provisions of paragraph (1)(A); and

“(ii) the alien entrepreneur appears at any interview described in paragraph (1)(B);

“(B) Removal or extension of conditional basis

changed “(i) In general—Except as provided in clause (ii), if the Secretary of Homeland Security determines that such facts and information are true, including demonstrating that the alien complied with subsection (d)(1)(B)(i), the Secretary shall so notify the alien involved and shall remove the conditional basis of the alien’s status effective as of the second third anniversary of the alien’s lawful admission for permanent residence.

“(ii) Exception—If the petition demonstrates that the facts and information are true, including demonstrating that the alien is in compliance with section (d)(1)(B)(ii), then the Secretary of Homeland Security may, in the Secretary’s discretion, extend the conditional status for an additional year at the end of which—

changed “(I) the alien must file a petition within 30 days after the third fourth anniversary of the alien’s lawful admission for permanent residence demonstrating that the alien complied with subsection (d)(1)(B)(i) and the Secretary shall remove the conditional basis of the alien’s status effective as of such third fourth anniversary; or

“(II) the conditional status shall terminate.

“(C) Determination if adverse determination—If the Secretary of Homeland Security determines that such facts and information are not true, the Secretary shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien entrepreneur, alien spouse, or alien child as of the date of the determination.

“(D) Hearing in removal proceeding—Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to remove the alien. In such proceeding, the burden of proof shall be on the Secretary of Homeland Security to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) of this section and alleged in the petition are not true with respect to the qualifying commercial enterprise.

“(d) Details of petition and interview

“(1) Contents of petition—Each petition under subsection (c)(1)(A) shall contain facts and information demonstrating that—

“(A)

“(i) any requisite capital to be invested under section 203(b)(8)(A)(i)(I) had been invested, or was actively in the process of being invested; and

“(ii) the alien sustained the actions described in clause (i) throughout the period of the alien’s residence in the United States;

“(B)

“(i) the alien created the employment required under section 203(b)(8)(A)(i)(I)(bb)(AA); or

changed “(ii) the alien is actively in the process of creating the employment required under section 203(b)(8)(A)(i)(I)(bb)(AA) and will create such employment before the third fourth anniversary of the alien’s lawful admission for permanent residence; and

“(C) the alien is otherwise conforming to the requirements of section 203(b)(8)(A)(i).

“(2) Period for filing petition

changed “(A) 90-day period before second anniversary—Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) of this section must be filed during the 90-day period before the second third anniversary of the alien’s lawful admission for permanent residence.

“(B) Date petitions for good cause—Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Secretary of Homeland Security good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).

“(C) Filing of petitions during removal—In the case of an alien who is the subject of removal hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Secretary of Homeland Security may stay such removal proceedings against an alien pending the filing of the petition under subparagraph (B).

“(3) Personal interview—The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of the Department of Homeland Security, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary, in the Secretary’s discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.

“(e) Treatment of period for purposes of naturalization—For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.

“(f) Definitions—In this section:

“(1) The term “alien entrepreneur” means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(8)(A)(i)(I) of this title.

“(2) The term “alien spouse” and the term “alien child” mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien entrepreneur.

“(3) The term “commercial enterprise” includes a limited partnership.”

added “(n) Adjustment of status for employment-Based immigrants

added “(1) Petition—An alien who has status under subparagraph (H)(i)(b), (L), or (O)(i) of section 101(a)(15) or who has status under subparagraph (F) or (M) of such section and who has received optional practical training after completion of the alien’s course of study, and any eligible dependents of such alien, who has filed a petition or on whose behalf a petition has been filed for immigrant status pursuant to subparagraph (E), (F), (G), or (H) of section 204(a)(1), may concurrently, or at any time thereafter, file an application with the Secretary of Homeland Security for adjustment of status if such petition has been approved, regardless of whether an immigrant visa is immediately available at the time the application is filed.

added “(2) Availability—An application filed pursuant to paragraph (1) may not be approved until the date on which an immigrant visa becomes available.”

“(iv) Capital defined—For purposes of this paragraph, the term “capital” does not include any assets acquired, directly or indirectly, by unlawful means.”

“(v) Inflation adjustment

“(I) Initial adjustment—As of the date of enactment of the SKILLS Visa Act, the amount specified in the first sentence of clause (i) shall be increased by the percentage (if any) by which the Consumer Price Index for the month preceding such enactment date exceeds the Consumer Price Index for the same month of calendar year 1990. The increase described in the preceding sentence shall apply to aliens filing petitions under section 204(a)(1)(H) on or after such enactment date.

“(II) Subsequent adjustments—Effective for the first fiscal year that begins more than 6 months after the date of the enactment of this clause, and for each fiscal year thereafter, the amount described in subclause (I) (as of the last increase to such amount) shall be increased by the percentage (if any) 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 preceding calendar year. An increase described in the preceding sentence shall apply to aliens filing petitions under section 204(a)(1)(H) on or after the date on which the increase takes effect.

“(III) Definition—For purposes of this clause, the term “Consumer Price Index” means the Consumer Price Index for all urban consumers published by the Department of Labor.”

“(B) Removal or extension of conditional basis

“(i) In general—Except as provided under clause (ii), if the Secretary of Homeland Security determines that such facts and information are true, including demonstrating that the alien complied with section (d)(1)(B)(i), the Secretary shall so notify the alien involved and shall remove the conditional basis of the alien’s status effective as of the second anniversary of the alien’s lawful admission for permanent residence.

“(ii) Exception—If the petition demonstrates that the facts and information are true, including demonstrating that the alien is in compliance with section (d)(1)(B)(ii), then the Secretary of Homeland Security may in the Secretary’s discretion extend the conditional status for an additional year at the end of which—

“(I) the alien must file a petition within 30 days after the third anniversary of the alien’s lawful admission for permanent residence demonstrating that the alien complied with section (d)(1)(B)(i) and the Secretary shall remove the conditional basis of the alien’s status effective as of such third anniversary; or

“(II) the conditional status shall terminate.”

“(B)

“(i) created the employment required under section 203(b)(5)(A)(ii); or

“(ii) is actively in the process of creating the employment required under section 203(b)(5)(A)(ii) and will create such employment before the third anniversary of the alien’s lawful admission for permanent residence; and”

“(iv) Definition—In this paragraph, the term “an area which has experienced high unemployment” means an area which has an unemployment rate of at least 150 of the national average rate. Such an area must fit entirely within a geographical unit that the Secretary of Labor has determined has an unemployment rate of at least 150 percent of the national average rate (and which determination has not been superseded by a later determination in which the Secretary of Labor has found that the unit did not have an unemployment rate of at least 150 percent of the national average rate). The Secretary of Labor shall set forth a uniform methodology for determining whether an area an area qualifies as having experienced unemployment of at least 150 percent of the national average rate. It shall be within the discretion of the Secretary of Homeland Security to determine whether any particular area has experienced high unemployment for purposes of this paragraph, and the Secretary shall not be bound by the determination of any other governmental or nongovernmental entity that a particular area has experienced high unemployment for purposes of this paragraph.”

“(e)

“(1) No person who—

“(A) has been convicted of an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)));

“(B) would be inadmissible under section 212(a)(3) of such Act (8 U.S.C. 1182(a)(3)) if they were an alien seeking admission; or

“(C) has been convicted of violating, or found to have violated, a fraud provision of the Federal securities laws (as such term is defined under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)),

“(2) The Secretary of Homeland Security shall require such attestations and information (including biometric information), and shall perform such criminal record checks and other background checks with respect to a regional center, and persons involved in a regional center as described in paragraph (1), as the Secretary, in the Secretary’s discretion, considers appropriate to determine whether the regional center is in compliance with paragraph (1).

changed “(3) The Secretary is authorized, in the Secretary’s unreviewable discretion, to may terminate any regional center from the program under this section if the Secretary determines that—

“(A) the regional center is in violation of paragraph (1);

changed “(B) the regional center, center has provided any false attestation or information under paragraph (2), or continues to allow any person who was involved with the regional center as described in paragraph (1), (1) to continue to be involved with the regional center if the regional center knows that the person has provided any false attestation or information under paragraph (2); or

changed “(C) the regional center, center fails to provide an attestation or information requested by the Secretary under paragraph (2), or continues to allow any person who was involved with the regional center as described in paragraph (1), fails (1) to continue to be involved with the regional center if the regional center knows that the person has failed to provide an attestation or information requested by the Secretary under paragraph (2).

“(4) For the purpose of this subsection, the term “regional center” shall, in addition to the regional center itself, include any commercial enterprise or job creating enterprise in which a regional center has invested.”

“(f)

“(1) The Secretary of Homeland Security shall not approve an application for regional center designation or regional center amendment that does not certify that the regional center and all parties to the regional center are in and will maintain compliance with Federal securities laws (as such term is defined under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)).

“(2) The Secretary of Homeland Security shall immediately terminate the designation of any regional center that does not provide the certification described in paragraph (1) on an annual basis.

“(3) In addition to any other authority provided to the Secretary of Homeland Security regarding the program described in this section, the Secretary may suspend or terminate the designation of any regional center if the Secretary determines that the regional center, or any party to the regional center:

“(A) is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction in connection with the purchase or sale of a security;

“(B) is subject to any order of the Securities and Exchange Commission that bars such person from association with an entity regulated by the Securities and Exchange Commission, or constitutes a final order based on violations in connection with the purchase or sale of a security;

“(C) has been convicted of violating, or found to have violated, a fraud provision of the Federal securities laws (as such term is defined under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)); or

“(D) knowingly submitted or caused to be submitted a certification described in paragraphs (1) or (2) of this subsection that contained an untrue statement of material fact, or omitted to state a material fact necessary, in order to make the statements made, in light of the circumstances under which they were made, not misleading.

“(4) Nothing in this subsection shall be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws.

“(5) For the purpose of this subsection, the term “party to the regional center” shall include, in addition to the regional center itself, its agents, servants, employees, attorneys, or any persons in active concert or participation with the regional center.”

“(4)

“(A)

changed “(i) All States A State shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers State were used in the previous fiscal year.

changed “(ii) When an allocation allotment has occurred under clause (i), all States the State shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers State were used in the previous fiscal year. If year, except that if the States are State is allotted 45 60 or more waivers for a fiscal year, the States will only receive an State shall be eligible for the additional increase of 5 waivers the following fiscal year under this clause only if 95 90 percent of the waivers available to the all States receiving at least 1 waiver under paragraph (1)(B) were used in the previous fiscal year.

“(B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case—

“(i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and

“(ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30.”

“(iv) in the case of a request by an interested State agency—

“(I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and

“(II) the head of such agency determines that—

“(aa) the alien physician’s work is in the public interest; and

“(bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (4)) in accordance with the conditions of this clause to exceed 3.”

“(i) the alien demonstrates a bona fide offer of full-time employment, at a health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; and

“(ii) the alien agrees to begin employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals by the later of the date that is 90 days after receiving such waiver, 90 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1), or 90 days after receiving nonimmigrant status or employment authorization, and agrees to continue to work for a total of not less than 3 years in any status authorized for such employment under this subsection unless—

“(I) the Secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization, in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization, for the remainder of such 3-year period;

“(II) the interested State agency that requested the waiver attests that extenuating circumstances exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization so designated by the Secretary of Health and Human Services, for the remainder of such 3-year period; or

“(III) if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause (I) or (II), the alien terminates the alien’s employment relationship with such facility or organization, in which case the alien shall be employed for the remainder of such 3-year period, and 1 additional year for each determination, at another health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and”

“(5) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that—

“(A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time;

“(B) specifies whether the contracting facility or organization will pay for the alien’s malpractice insurance premiums, including whether the employer will provide malpractice insurance and, if so, the amount of such insurance that will be provided;

“(C) describes all of the work locations that the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and

“(D) does not include a non-compete provision.

“(6) An alien granted a waiver under paragraph (1)(C) whose employment relationship with a health facility or health care organization terminates during the 3-year service period required by such paragraph—

“(A) shall have a period of 120 days beginning on the date of such determination of employment to submit to the Secretary of Homeland Security applications or petitions to commence employment with another contracting health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and

“(B) shall be considered to be maintaining lawful status in an authorized stay during the 120-day period referred to in subparagraph (A).”

“(aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or

“(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician’s work was or will be in the public interest.”

“(bb) The 5-year service requirement of item (aa) shall be counted from the date the alien physician begins work in the shortage area in any legal status and not the date an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education.

“(cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served, nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection.

“(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.”

“(vii) 65,000 in fiscal years 2004 through 2013; and”

“(viii) 155,000 in each succeeding fiscal year; or”

“(C) meets the requirements of paragraph (6)(A) or (7)(A) of section 203(b), until the number of aliens who are exempted from such numerical limitation during such year exceeds 40,000.”

added “(II) if 80 percent or more of the employer’s workers in the same occupational classification as the alien admitted or provided status as an H-1B nonimmigrant and in the same area of employment as the alien admitted or provided status as an H-1B nonimmigrant are United States workers (as defined in paragraph (4)), is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H-1B nonimmigrant wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question (but, in the case of an employer with more than 25 employees, in no event shall such wages be lower than the mean of the lowest one-half of wages surveyed pursuant to subsection (p)(5)); and”

“(4)

“(A) For purposes of paragraphs (1)(B) and (3)(B), the term “bachelor’s or higher degree” includes a foreign degree that is a recognized foreign equivalent of a bachelor’s or higher degree.

“(B)

“(i) In the case of an alien with a foreign degree, any determination with respect to the equivalence of that degree to a degree obtained in the United States shall be made by the Secretary of State.

“(ii) In carrying out the preceding clause, the Secretary of State shall verify the authenticity of any foreign degree proffered by an alien. The Secretary of State may enter into contracts with public or private entities in conducting such verifications.

“(iii) In addition to any other fees authorized by law, the Secretary of State may impose a fee on an employer filing a petition under subsection (c)(1) initially to grant an alien nonimmigrant status described in section 101(a)(15)(H)(i)(b), if a determination or verification described in clause (i) or (ii) is required with respect to the petition. Fees collected under this clause shall be deposited in the Treasury in accordance with section 286(t).”

“(w) H–1B educational credential verification account—There is established in the general fund of the Treasury a separate account, which shall be known as the “H–1B Educational Credential Verification Account”. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 214(i)(4)(B)(iii). Amounts deposited into the account shall remain available to the Secretary of State until expended to carry out section 214(i)(4)(B).”

“(15) The Secretary of Homeland Security may not approve any petition under paragraph (1) filed by an employer with respect to an alien seeking to obtain the status of a nonimmigrant under subclause (b) or (b1) of section 101(a)(15)(H)(i) and the Secretary of State may not approve a visa with respect to an alien seeking to obtain the status of a nonimmigrant under subparagraph (E)(iii) or (H)(i)(b1) of section 101(a)(15) unless—

“(A) the employer—

“(i) is an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a governmental or nonprofit entity; or

“(ii) maintains a place of business in the United States that is licensed in accordance with any applicable State or local business licensing requirements and is used exclusively for business purposes; and

“(B) the employer—

“(i) is a governmental entity;

“(ii) has aggregate gross assets with a value of not less than $50,000—

“(I) in the case of an employer that is a publicly held corporation, as determined using its most recent report filed with the Securities and Exchange Commission; or

“(II) in the case of any other employer, as determined as of the date on which the petition is filed under regulations promulgated by the Secretary of Homeland Security; or

“(iii) provides appropriate documentation of business activity under regulations promulgated by the Secretary of Homeland Security.”

“(J) The Secretary of Labor is authorized to issue subpoenas as may be necessary to assure employer compliance with the terms and conditions of this subsection.”

“(G) The Secretary of Labor is authorized to issue subpoenas as may be necessary to assure employer compliance with the terms and conditions of this subsection.”

“(12) Notwithstanding any other provision of this Act, any alien admitted or provided status as a nonimmigrant in order to provide services in a specialty occupation described in paragraph (1) or (3) of subsection (i) (other than services described in subparagraph (H)(ii)(a), (O), or (P) of section 101(a)(15)) or as a fashion model shall have been issued a visa (or otherwise been provided nonimmigrant status) under subclause (b) or (b1) of section 101(a)(15)(H)(i) or section 101(a)(15)(E)(iii).”

“(G)

changed “(i) An employer of an alien who will serve in a capacity for the employer involving specialized knowledge under section 101(a)(15)(L) for a cumulative period of time in excess of 6 months over a 3-year 2-year period—

changed “(I) will offer to the alien during the period of authorized employment wages that are at least—“(I)

changed “(aa) the actual wage level paid by the employer except as provided in item (bb), will offer to all other individuals with similar experience and qualifications for the specific alien during the period of authorized employment in question; orwages that are at least—

changed “(bb) “(AA) the prevailing actual wage level paid by the employer to all other individuals with similar experience and qualifications for the occupational classification specific employment in the area of employment, whichever is greater, based on the best information available; andquestion; or

added “(BB) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available; or

added “(bb) if 80 percent or more of the employer’s workers in the same occupational classification as the alien and in the same area of employment as the alien are United States workers (as defined in section 212(n)(4)), will offer to the alien during the period of authorized employment wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; and

“(II) will provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed.

added “(ii) In complying with the requirements of clause (i), an employer may keep the alien on their home country payroll, and may take into account the value of wages paid by the employer to the alien in the currency of the alien’s home country, the value of benefits paid by the employer to the alien in the alien’s home country, employer-provided housing or housing allowances, employer-provided vehicles or transportation allowances, and other benefits provided to the alien as an incident of the assignment in the United States.

removed “(ii) In complying with the requirements of clause (i), an employer may take into account the value of wages paid by the employer to the alien in the currency of the alien’s home country, the value of benefits paid by the employer to the alien in the alien’s home country, employer-provided housing or housing allowances, employer-provided vehicles or transportation allowances, and other benefits provided to the alien as an incident of the assignment in the United States.

“(iii) The Secretary of Labor shall have the same investigatory and enforcement powers to ensure compliance with this subparagraph as are set forth in section 212(n)(2).”

Section 214(e) of the Immigration and Nationality Act (8 U.S.C. 1184(e)) is amended by adding at the end the following:

“(7)

“(A) An employer of a Mexican or Canadian professional under this subsection—

changed “(i) will offer to the alien during the period of authorized employment wages that are at least—“(i)

changed “(I) the actual wage level paid by the employer except as provided in subclause (II), will offer to all other individuals with similar experience and qualifications for the specific alien during the period of authorized employment in question; orwages that are at least—

changed “(II) “(aa) the prevailing actual wage level paid by the employer to all other individuals with similar experience and qualifications for the occupational classification specific employment in the area of employment, whichever is greater, based on the best information available; andquestion; or

added “(bb) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available; or

added “(II) if 80 percent or more of the employer’s workers in the same occupational classification as the alien and in the same area of employment as the alien are United States workers (as defined in section 212(n)(4)), will offer to the alien during the period of authorized employment wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question (but, in the case of an employer with more than 25 employees, in no event shall such wages be lower than the mean of the lowest one-half of wages surveyed pursuant to section 212(p)(5)); and

“(ii) will provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed.

“(B) The Secretary of Labor shall have the same investigatory and enforcement powers to ensure compliance with this paragraph as are set forth in section 212(n)(2).”

added Section 212(t)(1)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(t)(1)(A)(i)) (as added by section 402(b)(2) of Public Law 108–77 (117 Stat. 941)) is amended—

removed “(F) an alien—

removed “(i) who—

removed “(I) is a bona fide student qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(ii)) 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 described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) or a proprietary institution of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b))) 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 shall have agreed to report to the Secretary of Homeland Security the determination of attendance of each nonimmigrant student, and if any such institution fails to make reports promptly the approval shall be withdrawn; or

removed “(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);

removed “(ii) who 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 of learning or place of study shall have agreed to report to the Secretary of Homeland Security the determination 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;

removed “(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

removed “(iv) who 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.”

added “(II) if 80 percent or more of the employer’s workers in the same occupational classification as the alien admitted or provided status under section 101(a)(15)(H)(i)(b1) or 101(a)(15)(E)(iii) and in the same area of employment as the alien admitted or provided status under section 101(a)(15)(H)(i)(b1) or 101(a)(15)(E)(iii) are United States workers (as defined in subsection (n)(4)), is offering and will offer during the period of authorized employment to aliens admitted or provided status under section 101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question (but, in the case of an employer with more than 25 employees, in no event shall such wages be lower than the mean of the lowest one-half of wages surveyed pursuant to subsection (p)(5)); and”

removed “(s)

removed “(1) An employer providing optional practical training to an alien who has been issued a visa or otherwise provided nonimmigrant status under subparagraph (F) or (M) of section 101(a)(15) after completion of the alien’s course of study—

removed “(A) shall offer to the alien during the period of optional practical training wages that are at least—

removed “(i) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or

removed “(ii) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available; and

removed “(B) shall provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed.

removed “(2) The Secretary of Labor has the same investigatory and enforcement powers to ensure compliance with paragraph (1) as are set forth in section 212(n)(2).”

added “(F) an alien—

added “(i) who—

added “(I) is a bona fide student qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(ii)) 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 described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) or a proprietary institution of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b))) 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 shall have agreed to report to the Secretary of Homeland Security the determination of attendance of each nonimmigrant student, and if any such institution fails to make reports promptly the approval shall be withdrawn; or

added “(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);

added “(ii) who—

added “(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 of learning or place of study shall have agreed to report to the Secretary of Homeland Security the determination 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

added “(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);

added “(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

added “(iv) who 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;”

removed “(t) A nonimmigrant issued a visa or otherwise provided nonimmigrant status under subparagraph (A), (E), (G), (H), (I), (J), (L), (O), (P), (Q), or (R) of section 101(a)(15), or section 214(e), and otherwise as the Secretary of Homeland Security may by regulations prescribe, whose status has expired but who has, or whose sponsoring employer or authorized agent has, filed a timely application or petition for an extension of authorized status as provided under this section, is authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay until and unless the application or petition is denied. Such authorization shall be subject to the same conditions and limitations noted on the original authorization.”

added “(s)

added “(1) An employer providing optional practical training to an alien who has been issued a visa or otherwise provided nonimmigrant status under subparagraph (F) or (M) of section 101(a)(15) after completion of the alien’s course of study—

added “(A)

added “(i) except as provided in clause (ii), shall offer to the alien during the period of optional practical training wages that are at least—

added “(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or

added “(II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available; or

added “(ii) if 80 percent or more of the employer’s workers in the same occupational classification as the alien and in the same area of employment as the alien are United States workers (as defined in section 212(n)(4)), shall offer to the alien during the period of authorized employment wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question (but, in the case of an employer with more than 25 employees, in no event shall such wages be lower than the mean of the lowest one-half of wages surveyed pursuant to section 212(p)(5)); and

added “(B) shall provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed.

added “(2) The Secretary of Labor has the same investigatory and enforcement powers to ensure compliance with paragraph (1) as are set forth in section 212(n)(2).”

added “(t) A nonimmigrant issued a visa or otherwise provided nonimmigrant status under subparagraph (A), (E), (G), (H), (I), (J), (L), (O), (P), (Q), or (R) of section 101(a)(15), or section 214(e), and otherwise as the Secretary of Homeland Security may by regulations prescribe, whose status has expired but who has, or whose sponsoring employer or authorized agent has, filed a timely application or petition for an extension of authorized status as provided under this section, is authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay until and unless the application or petition is denied. Such authorization shall be subject to the same conditions and limitations noted on the original authorization.”

removed Section 214(c)(12)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(12)(A)) is amended by adding at the end the following:

changed The second subsection designated as subsection (t) of section 212 Section 214(c)(12)(A) of the Immigration and Nationality Act (8 U.S.C. 1182) (as added by section 1(b)(2)(B) of Public Law 108–449 (118 Stat. 3470)) 1184(c)(12)(A)) is redesignated as subsection (u) of such section.amended by adding at the end the following:

removed “(B) The amount of the fee imposed under this paragraph shall be—

removed “(i) $1,250 for each such petition filed by an employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer); and

removed “(ii) $2,500 for each such petition filed by an employer with more than 25 such employees.”

changed “(C) Fees collected under “(2) In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this paragraph section, and subsections (c)(2)(G), (e), and (s) of section 214, the wage level shall be distributed as follows:the wage level specified in subparagraph (A), (B), or (C) of paragraph (5) depending on the experience, education, and level of supervision required for the position.”

removed “(i) Of the amounts collected pursuant to subparagraph (B)(i)—

removed “(I) $750 shall be deposited in the Treasury in accordance with section 286(s); and

removed “(II) $500 shall be deposited in the Treasury in accordance with section 286(x).

removed “(ii) Of the amounts collected pursuant to subparagraph (B)(ii)—

removed “(I) $1,500 shall be deposited in the Treasury in accordance with section 286(s); and

removed “(II) $1,000 shall be deposited in the Treasury in accordance with section 286(x).”

changed “(C) The “(5) Subject to paragraph (2), the Secretary of Homeland Security Labor shall impose the fee described in this paragraph on an employer filing an attestation under section 212(t)(1), and on an employer employing an alien pursuant make available to section 214(e), in employers a governmental survey to determine the same manner as such fee is imposed on an employer described prevailing wage for each occupational classification by metropolitan statistical area in subparagraph (A). In the case of employment pursuant to section 214(e), United States. Such survey, or other survey approved by the Secretary of Homeland Security Labor, shall establish a method provide 3 levels of imposing the fee described in the preceding sentence notwithstanding the absence wages commensurate with experience, education, and level of a petition or attestation.”supervision. Such wage levels shall be determined as follows:

added “(A) The first level shall be the mean of the lowest two-thirds of wages surveyed, but in no case less than 80 percent of the mean of the wages surveyed.

added “(B) The second level shall be the mean of wages surveyed.

added “(C) The third level shall be the mean of the highest two-thirds of wages surveyed.”

added “(6) An employer may use an independent authoritative survey approved by the Secretary of Labor for purposes of paragraph (5), if—

added “(A) the survey data was collected within 24 months;

added “(B) the survey was published within the prior 24 months;

added “(C) the survey reflects the area of intended employment;

added “(D) the employer’s job description adequately matches the job description in the survey;

added “(E) the survey is across industries that employ workers in the occupation;

added “(F) the wage determination is based on the arithmetic mean (weighted average); and

added “(G) the survey identifies a statistically valid methodology that was used to collect the data.”

removed “(7) Funding for STEM education and training—The Secretary of Homeland Security shall impose a fee of $1,000 on each I–140 immigrant visa petition filed under this subsection. Amounts collected under this paragraph shall be deposited into the Treasury in accordance with section 286(x).”

added “(16) The Secretary of Homeland Security shall establish a pre-certification procedure for employers who file multiple petitions described in this subsection or section 204(a)(1)(F). 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.”

removed Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), as amended by section 201(c)(1)(B) of this Act, is further amended by adding at the end the following:

removed “(x) Promoting American Ingenuity Account

removed “(1) In general—There is established in the general fund of the Treasury a separate account, which shall be known as the “Promoting American Ingenuity Account”. There shall be deposited as offsetting receipts into the account fees collected under section 203(b)(7) and a portion of the fees collected under section 214(c)(9). Amounts deposited into the account shall remain available to the Secretary of Education until expended.

removed “(2) Purposes—The purposes of the Promoting American Ingenuity Account are to enhance the economic competitiveness of the United States by—

removed “(A) strengthening STEM education, including in computer science, at all levels;

removed “(B) ensuring that schools have access to well-trained and effective STEM teachers; and

removed “(C) helping colleges and universities produce more graduates in fields needed by American employers.

removed “(3) Allocation of funds

removed “(A) Reservation of funds

removed “(i) In general—The Secretary of Education may reserve up to 5 percent of the amounts deposited into the Promoting American Ingenuity Account to carry out the activities described in clause (ii).

removed “(ii) National activities—From the amounts reserved under clause (i), the Secretary of Education shall, directly or through grants and contracts—

removed “(I) provide technical assistance to States and local educational agencies in carrying out activities described in section 304 of the SKILLS Visa Act; and

removed “(II) acting through the Institute of Education Sciences, conduct national evaluations of activities carried out by the State under such section 304.

removed “(B) Allocations to States

removed “(i) In general—Subject to clause (ii), the Secretary of Education shall proportionately allocate the remaining amounts deposited into the account to the States each fiscal year in an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year.

removed “(ii) Minimum allocations—No State shall receive less than an amount equal to 0.5 percent of the total amount made available to all States from the Promoting American Ingenuity Account. If a State does not request an allocation from the Account for a fiscal year, the Secretary shall reallocate the State's allocation to those States with approved applications under section 303 of the SKILLS Visa Act in accordance with clause (i).”