Title IV — Reforms to nonimmigrant visa programs

“(C) has earned a master's or higher degree, in a field of science, technology, engineering, or math 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, biological and biomedical sciences, and physical sciences, from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) until the number of aliens who are exempted from such numerical limitation during such year exceed 25,000.”

“(E)

“(i) In the case of an alien spouse admitted under section 101(a)(15)(L), who is accompanying or following to join a principal alien admitted under such section, the Secretary of Homeland Security shall—

“(I) authorize the alien spouse to engage in employment in the United States; and

“(II) provide the spouse with an “employment authorized” endorsement or other appropriate work permit.

“(ii) In the case of an alien spouse admitted under section 101(a)(15)(H)(i)(b), who is accompanying or following to join a principal alien admitted under such section, the Secretary of Homeland Security shall—

“(I) authorize the alien spouse to engage in employment in the United States; and

“(II) provide such a spouse with an “employment authorized” endorsement or other appropriate work permit, if appropriate.

“(iii)

“(I) Upon the request of the Secretary of State, the Secretary of Homeland Security may suspend employment authorizations under clause (ii) to nationals of a foreign country that does not permit reciprocal employment to nationals of the United States who are accompanying or following to join the employment-based nonimmigrant husband or wife of such spouse to be employed in such foreign country based on that status.

“(II) In subclause (I), the term employment-based nonimmigrant means an individual who is admitted to a foreign country to perform employment similar to the employment described in section 101(a)(15)(H)(i)(b).”

“(15) Subject to paragraph (2)(D) and subsection (g) and section 104(c) and subsections (a) and (b) of section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1184 note), the Secretary of Homeland Security shall give deference to a prior approval of a petition in reviewing a petition to extend the status of a nonimmigrant admitted under subparagraph (H)(i)(b) or (L) of section 101(a)(15) if the petition involves the same alien and petitioner unless the Secretary determines that—

“(A) there was a material error with regard to the previous petition approval;

“(B) a substantial change in circumstances has taken place;

“(C) new material information has been discovered that adversely impacts the eligibility of the employer or the nonimmigrant; or

“(D) in the Secretary's discretion, such extension should not be approved.”

“(3) A nonimmigrant admitted under section 101(a)(15)(H)(i)(b) whose employment relationship terminates before the expiration of the nonimmigrant's period of authorized admission shall be deemed to have retained such legal status throughout the entire 60-day period beginning on the date such employment is terminated. A nonimmigrant who files a petition to extend, change, or adjust their status at any point during such period shall be deemed to have lawful status under section 101(a)(15)(H)(i)(b) while that petition is pending.”

“(v) Fee—An employer shall submit, along with an application for a certification under this subparagraph, a fee of $1,000, which shall be deposited in the STEM Education and Training Account established under section 286(w).”

“(3) Low-income stem scholarship program

“(A) In general—Thirty percent of the amounts deposited into the H–1B Nonimmigrant Petitioner 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 (42 U.S.C. 1869c) for low-income students enrolled in a program of study leading to a degree in science, technology, engineering, or mathematics.

“(B) Stem education for underrepresented—The Director shall work in consultation with, or direct scholarship funds through, national nonprofit organizations that primarily focus on science, technology, engineering, or mathematics education for underrepresented groups, such as women and minorities.

“(C) Loan forgiveness—The Director may expend funds from the Account for purposes of loan forgiveness or repayment of student loans which led to a low-income student obtaining a degree in science, technology, engineering, mathematics, or other high demand fields.

“(4) National science foundation grant program for k–12 science, technology, engineering, and mathematics education

“(A) In general—Ten percent of the amounts deposited into the H–1B Nonimmigrant Petitioner 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. Grants awarded pursuant to this paragraph shall include formula based grants that target lower income populations with a focus on reaching women and minorities.

“(B) Types of programs covered—The Director shall award grants to programs that—

“(i) 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, and to develop critical thinking skills;

“(ii) 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;

“(iii) support the professional development of K–12 science, technology, engineering, and mathematics teachers in the use of technology in the classroom;

“(iv) stimulate systemwide K–12 reform of science, technology, engineering, and mathematics in urban, rural, and economically disadvantaged regions of the United States;

“(v) 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 through 12 that provide instruction in such fields);

“(vi) involve partnerships of industry, educational institutions, and national or regional community based organizations with demonstrated experience addressing the educational needs of disadvantaged communities;

“(vii) provide college preparatory support to expose and prepare students for careers in science, technology, engineering, and mathematics; or

“(viii) 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)).”

“(w) 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 of the fees collected under section 212(a)(5)(A)(v).

“(2) Purposes

“(A) In general—The purposes of the STEM Education and Training Account are to enhance the economic competitiveness of the United States by—

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

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

“(iii) supporting efforts to strengthen the elementary and secondary curriculum, including efforts to make courses in computer science more broadly available; and

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

“(B) Defined term—In this paragraph, the term STEM education means instruction in a field of science, technology, engineering or math 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, biological and biomedical sciences, and physical sciences.

“(3) Allocations to states and territories

“(A) In general—Subject to subparagraph (B), the Secretary of Education shall proportionately allocate 70 percent of the amounts deposited into the STEM Education and Training Account each fiscal year to the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands in an amount that bears the same relationship as the proportion the State, district, or territory 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 and territories received under that subpart for the preceding fiscal year.

“(B) Minimum allocations—No State or territory shall receive less than an amount equal to 0.5 percent of the total amount made available to all States from the STEM Education and Training Account. If a State or territory does not request an allocation from the Account for a fiscal year, the Secretary shall reallocate the State's allocation to the remaining States and territories in accordance with this paragraph.

“(C) Use of funds—Amounts allocated pursuant to this paragraph may be used for the activities described in section 4104(c) of the Border Security, Economic Opportunity, and Immigration Modernization Act.

“(4) Stem capacity building at minority-serving institutions

“(A) In general—The Secretary of Education shall allocate 20 percent of the amounts deposited into the STEM Education and Training Account to establish or expand programs to award grants to institutions described in subparagraph (C)—

“(i) to enhance the quality of undergraduate science, technology, engineering, and mathematics education at such institutions; and

“(ii) 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 Secretary of Education; 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 institutions 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);

“(iii) part B institutions (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)); and

“(iv) Hispanic-serving institutions, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)).

“(D) Granting of bonding authority—A recipient of a grant awarded under this paragraph is authorized to utilize such funds for the issuance of bonds to fund research infrastructure development.

“(E) Loan forgiveness—The Director may expend funds from the allocation under this paragraph for purposes of loan forgiveness or repayment of student loans which led to a low-income student obtaining a degree in science, technology, engineering, mathematics, or other high demand fields.

“(5) Workforce investment—The Secretary of Education shall allocate 5 percent of the amounts deposited into the STEM Education and Training Account to the Secretary of Labor until expended for statewide workforce investment activities that may also benefit veterans and their spouses, including youth activities and statewide employment and training and activities for adults and dislocated workers described in section 128(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2853(a)), and the development of licensing and credentialing programs.

“(6) American dream accounts—The Secretary of Education shall allocate 3 percent of the amounts deposited into the STEM Education and Training Account to award grants, on a competitive basis, to eligible entities to enable such eligible entities to establish and administer American Dream Accounts under section 4104(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

“(7) Administration expenses—The Secretary of Education may expend up to 2 percent of the amounts deposited into the STEM Education and Training Account for administrative expenses, including conducting an annual evaluation of the implementation and impact of the activities funded by the STEM Education and Training Account as required under section 4104(c)(3) of the Border Security, Economic Opportunity, and Immigration Modernization Act.”

“(5) Notwithstanding paragraph (1), amounts made available under the college savings account portion of an American Dream Account under section 4105(e)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 shall not be treated as estimated financial assistance for purposes of section 471(3).”

“(a) In general—The fees”

“(b) United Nations visitors—Nonimmigrant visas”

“(c) Fee waivers or reductions—Subject to”

“(d) H–1B and L Visa fees—In addition to the fees authorized under subsection (a), the Secretary of Homeland Security shall collect, from each employer (except for nonprofit research institutions and nonprofit educational institutions) filing a petition to hire nonimmigrants described in subparagraph (H)(i)(B) or (L) of section 101(a)(15), a fee in an amount equal to—

“(1) $1,250 for each such petition filed by any employer with not more than 25 full-time equivalent employees in the United States; and

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

“(F)

“(i) an alien having a residence in a foreign country 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 accredited college, university, or language training program, or at an established seminary, conservatory, academic high school, elementary school, or other academic institution in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Secretary of Homeland Security the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, except that such an alien who is not seeking to pursue a degree that is a bachelor's degree or a graduate degree shall have a residence in a foreign country that the alien has no intention of abandoning;

“(ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien; and

“(iii) an alien 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) 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.”

“(h) Dual intent—The fact that an alien is, or intends to be, the beneficiary of an application for a preference status filed under section 204, seeks a change or adjustment of status after completing a legitimate period of nonimmigrant stay, or has otherwise sought permanent residence in the United States shall not constitute evidence of intent to abandon a foreign residence that would preclude the alien from obtaining or maintaining—

“(1) a visa or admission as a nonimmigrant described in subparagraph (E), (F)(i), (F)(ii), (H)(i)(b), (H)(i)(c), (L), (O), (P), (V), or (W) of section 101(a)(15); or

“(2) the status of a nonimmigrant described in any such subparagraph.”

“(12)

“(A) The free trade agreements referred to in section 101(a)(15)(E)(iv) are defined as any free trade agreement designated by the Secretary of Homeland Security with the concurrence of the United States Trade Representative and the Secretary of State.

“(B) The Secretary of State may not approve a number of initial applications submitted for aliens described in clause (iv) or (v) of section 101(a)(15)(E) that is more than 5,000 per fiscal year for each country with which the United States has entered into a Free Trade Agreement.

“(C) The applicable numerical limitation referred to in subparagraph (A) shall apply only to principal aliens and not to the spouses or children of such aliens.”

“(A) Except as otherwise provided in this subsection—

“(i) an alien who is applying for a nonimmigrant visa and who the consular officer knows or believes to be ineligible for such visa under subsection (a) (other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection)—

“(I) after approval by the Secretary of Homeland Security of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite the alien's inadmissibility, may be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant, in the discretion of the Secretary of Homeland Security; or

“(II) absent such recommendation and approval, be granted a nonimmigrant visa pursuant to section 101(a)(15)(E) if such ineligibility is based solely on conduct in violation of paragraph (6), (7), or (9) of section 212(a) that occurred before the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; and

“(ii) an alien who is inadmissible under subsection (a) (other than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of paragraph (3) of such subsection), is in possession of appropriate documents or was granted a waiver from such document requirement, and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant, in the discretion of the Secretary of Homeland Security, who shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.”

“(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) or 101(a)(15)(O)(i) is authorized to accept new employment pursuant to such section upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.

“(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien—

“(A) who has been lawfully admitted into the United States;

“(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Secretary of Homeland Security; and

“(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.”

“(J) an alien having a residence in a foreign country which he has no intention of abandoning who—

“(i) is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Director of the United States Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if such alien is coming to the United States to participate in a program under which such alien will receive graduate medical education or training, also meets the requirements of section 212(j), and the alien spouse and minor children of any such alien if accompanying such alien or following to join such alien; or

“(ii) is coming to the United States to perform work involving specialized knowledge or skill, including teaching on a full-time or part-time basis, that requires proficiency of languages spoken as a native language in countries of which fewer than 5,000 nationals were lawfully admitted for permanent residence in the United States in the previous year;”

“214A. Treatment of compact of free association migrants

“Notwithstanding any other provision of law, with respect to eligibility for benefits for the Federal program defined in 402(b)(3)(C) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(3)(C)) (relating to the Medicaid program), sections 401(a), 402(b)(1), and 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a), 1612(b)(1), 1613(a)) shall not apply to any individual who lawfully resides in the United States in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. Any individual to which the preceding sentence applies shall be considered to be a qualified alien for purposes of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.), but only with respect to the designated Federal program defined in section 402(b)(3)(C) of such Act (relating to the Medicaid program) (8 U.S.C. 1612(b)(3)(C)).”

“(ii) The Secretary of Homeland Security shall adjudicate each petition for an alien with extraordinary ability in the arts (as described in section 101(a)(15)(O)(i)), an alien accompanying such an alien (as described in clauses (ii) and (iii) of section 101(a)(15)(O)), or an alien described in section 101(a)(15)(P) (other than an alien described in paragraph (4)(A) (relating to athletes)) not later than 14 days after—

“(I) the date on which the petitioner submits the petition with a written advisory opinion, letter of no objection, or request for a waiver; or

“(II) the date on which the 15-day period described in clause (i) has expired, if the petitioner has had an appropriate opportunity to supply rebuttal evidence.

“(iii) If a petition described in clause (ii) is not adjudicated before the end of the 14-day period described in clause (ii) and the petitioner is an arts organization described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code for the taxable year preceding the calendar year in which the petition is submitted, or an individual or entity petitioning primarily on behalf of such an organization, the Secretary of Homeland Security shall provide the petitioner with the premium processing services referred to in section 286(u), without a fee.”

“(Y) subject to section 214(w), an alien who, after the date of the enactment of the JOLT Act of 2013—

“(i)

“(I) uses at least $500,000 in cash to purchase 1 or more residences in the United States, which each sold for more than 100 percent of the most recent appraised value of such residence, as determined by the property assessor in the city or county in which the residence is located;

“(II) maintains ownership of residential property in the United States worth at least $500,000 during the entire period the alien remains in the United States as a nonimmigrant described in this subparagraph; and

“(III) resides for more than 180 days per year in a residence in the United States that is worth at least $250,000; and

“(ii) the alien spouse and children of the alien described in clause (i) if accompanying or following to join the alien.”

“(w) Visas of nonimmigrants described in section 101(a)(15)(Y)

“(1) The Secretary of Homeland Security shall authorize the issuance of a nonimmigrant visa to any alien described in section 101(a)(15)(Y) who submits a petition to the Secretary that—

“(A) demonstrates, to the satisfaction of the Secretary, that the alien—

“(i) has purchased a residence in the United States that meets the criteria set forth in section 101(a)(15)(Y)(i);

“(ii) is at least 55 years of age;

“(iii) possesses health insurance coverage;

“(iv) is not inadmissible under section 212; and

“(v) will comply with the terms set forth in paragraph (2); and

“(B) includes payment of a fee in an amount equal to $1,000.

“(2) An alien who is issued a visa under this subsection—

“(A) shall reside in the United States at a residence that meets the criteria set forth in section 101(a)(15)(Y)(i) for more than 180 days per year;

“(B) is not authorized to engage in employment in the United States, except for employment that is directly related to the management of the residential property described in section 101(Y)(i)(II);

“(C) is not eligible for any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)); and

“(D) may renew such visa every 3 years under the same terms and conditions.”

“(1) Authority to designate; definitions

“(A) Authority to designate—The Secretary of Homeland Security, in consultation with the Secretary of State, may designate any country as a program country if that country meets the requirements under paragraph (2).

“(B) Definitions—In this subsection:

“(i) Appropriate congressional committees—The term appropriate congressional committees means—

“(I) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and

“(II) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.

“(ii) Overstay rate

“(I) Initial designation—The term overstay rate means, with respect to a country being considered for designation in the program, the ratio of—

“(aa) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to

“(bb) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year.

“(II) Continuing designation—The term overstay rate means, for each fiscal year after initial designation under this section with respect to a country, the ratio of—

“(aa) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to

“(bb) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year.

“(III) Computation of overstay rate—In determining the overstay rate for a country, the Secretary of Homeland Security may utilize information from any available databases to ensure the accuracy of such rate.

“(iii) Program country—The term program country means a country designated as a program country under subparagraph (A).”

“(f) Termination of designation; probation

“(1) Definitions—In this subsection:

“(A) Probationary period—The term probationary period means the fiscal year in which a probationary country is placed in probationary status under this subsection.

“(B) Program country—The term program country has the meaning given that term in subsection (c)(1)(B).

“(2) Determination, notice, and initial probationary period

“(A) Determination of probationary status and notice of noncompliance—As part of each program country’s periodic evaluation required by subsection (c)(5)(A), the Secretary of Homeland Security shall determine whether a program country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2).

“(B) Initial probationary period—If the Secretary of Homeland Security determines that a program country is not in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2), the Secretary of Homeland Security shall place the program country in probationary status for the fiscal year following the fiscal year in which the periodic evaluation is completed.

“(3) Actions at the end of the initial probationary period—At the end of the initial probationary period of a country under paragraph (2)(B), the Secretary of Homeland Security shall take 1 of the following actions:

“(A) Compliance during initial probationary period—If the Secretary determines that all instances of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation have been remedied by the end of the initial probationary period, the Secretary shall end the country’s probationary period.

“(B) Noncompliance during initial probationary period—If the Secretary determines that any instance of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation has not been remedied by the end of the initial probationary period—

“(i) the Secretary may terminate the country’s participation in the program; or

“(ii) on an annual basis, the Secretary may continue the country’s probationary status if the Secretary, in consultation with the Secretary of State, determines that the country’s continued participation in the program is in the national interest of the United States.

“(4) Actions at the end of additional probationary periods—At the end of all probationary periods granted to a country pursuant to paragraph (3)(B)(ii), the Secretary shall take 1 of the following actions:

“(A) Compliance during additional period—The Secretary shall end the country’s probationary status if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2).

“(B) Noncompliance during additional periods—The Secretary shall terminate the country's participation in the program if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the program country continues to be in noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2).

“(5) Effective date—The termination of a country's participation in the program under paragraph (3)(B) or (4)(B) shall take effect on the first day of the first fiscal year following the fiscal year in which the Secretary determines that such participation shall be terminated. Until such date, nationals of the country shall remain eligible for a waiver under subsection (a).

“(6) Treatment of nationals after termination—For purposes of this subsection and subsection (d)—

“(A) nationals of a country whose designation is terminated under paragraph (3) or (4) shall remain eligible for a waiver under subsection (a) until the effective date of such termination; and

“(B) a waiver under this section that is provided to such a national for a period described in subsection (a)(1) shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termination.

“(7) Consultative role of the Secretary of State—In this subsection, references to subparagraphs (A)(ii) through (F) of subsection (c)(2) and subsection (c)(5)(A) carry with them the consultative role of the Secretary of State as provided in those provisions.”

“(12) Eligibility of certain region for designation as program country—The Hong Kong Special Administrative Region of the People's Republic of China—

“(A) shall be eligible for designation as a program country for purposes of this subsection; and

“(B) may be designated as a program country for purposes of this subsection if such region meets requirements applicable for such designation in this subsection.”

“220. Admission of W nonimmigrant workers

“(a) Definitions—In this section:

“(1) Bureau—The term Bureau means the Bureau of Immigration and Labor Market Research established by section 4701 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

“(2) Certified alien—The term certified alien means an alien that the Secretary of State has certified is eligible to be a W nonimmigrant if the alien is hired by a registered employer for a registered position.

“(3) Commissioner—The term Commissioner means the Commissioner of the Bureau.

“(4) Construction occupation—The term construction occupation means an occupation defined by the Bureau of Labor Statistics as being within the construction industry for the purposes of publishing the Bureau's workforce statistics.

“(5) Department—Except as otherwise provided, the term Department means the Department of Homeland Security.

“(6) Eligible occupation—The term eligible occupation means an eligible occupation described in subsection (e)(3).

“(7) Employer

“(A) In general—The term employer means any person or entity hiring an individual for employment in the United States.

“(B) Treatment of single employer—For purposes of determining the number of employees or United States workers employed by an employer, a single entity shall be treated as 1 employer.

“(8) Excluded geographic location—The term excluded geographic location means an excluded geographic location described in subsection (f).

“(9) Initial W nonimmigrant—The term initial W nonimmigrant means a certified alien issued a W nonimmigrant visa by the Secretary of State pursuant to section 101(a)(15)(W)(i) in order to seek initial admission to the United States to commence employment for a registered employer in a registered position subject to the numerical limit at section 220(g).

“(10) Metropolitan statistical area—The term metropolitan statistical area means a geographic area designated as a metropolitan statistical area by the Director of the Office of Management and Budget.

“(11) Registered employer—The term registered employer means a nonagricultural employer that the Secretary has designated as a registered employer under subsection (d).

“(12) Secretary—Except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security.

“(13) Single entity—The term single entity means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986.

“(14) Shortage occupation—The term shortage occupation means a shortage occupation designated by the Commissioner pursuant to section 4701(d)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

“(15) Small business—The term small business means an employer that employs 25 or fewer full-time equivalent employees.

“(16) United States worker—The term United States worker means an individual who is—

“(A) employed or seeking employment in the United States; and

“(B)

“(i) a national of the United States;

“(ii) an alien lawfully admitted for permanent residence;

“(iii) an alien in Registered Provisional Immigrant Status; or

“(iv) any other alien authorized to work in the United States with no limitation as to the alien's employer.

“(17) W nonimmigrant—The term W nonimmigrant means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(W)(i).

“(18) W nonimmigrant visa—The term W nonimmigrant visa means a visa issued to a certified alien by the Secretary of State pursuant to section 101(a)(15)(W)(i).

“(19) W visa program—The term W Visa Program means the program for the admission of nonimmigrant aliens described in section 101(a)(15)(W)(i).

“(20) Zone 1 occupation—The term zone 1 occupation means an occupation that requires little or no preparation and is classified as a zone 1 occupation on—

“(A) the Occupational Information Network Database (O*NET) on the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996; or

“(B) such Database or a similar successor database, as designated by the Secretary of Labor, after the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

“(21) Zone 2 occupation—The term zone 2 occupation means an occupation that requires some preparation and is classified as a zone 2 occupation on—

“(A) the Occupational Information Network Database (O*NET) on the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996; or

“(B) such Database or a similar successor database, as designated by the Secretary of Labor, after the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

“(22) Zone 3 occupation—The term zone 3 occupation means an occupation that requires medium preparation and is classified as a zone 3 occupation on—

“(A) the Occupational Information Network Database (O*NET) on the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996; or

“(B) such Database or a similar successor database, as designated by the Secretary of Labor, after the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

“(b) Admission into the United States

“(1) W nonimmigrants—Subject to this section, a certified alien is eligible to be admitted to the United States as a W nonimmigrant if the alien is hired by a registered employer for employment in a registered position in a location that is not an excluded geographic location.

“(2) Spouse and minor children—The—

“(A) alien spouse and minor children of a W nonimmigrant may be admitted to the United States pursuant to clause (ii) of section 101(a)(15)(W) during the period of the principal W nonimmigrant's admission; and

“(B) such alien spouse shall be—

“(i) authorized to engage in employment in the United States during such period of admission; and

“(ii) provided with an employment authorization document, stamp, or other appropriate work permit.

“(c) W nonimmigrants

“(1) Certified alien

“(A) Application—An alien seeking to be a W nonimmigrant shall apply to the Secretary of State at a United States embassy or consulate in a foreign country to be a certified alien.

“(B) Criteria—An alien is eligible to be a certified alien if the alien—

“(i) is not inadmissible under this Act;

“(ii) passes a criminal background check;

“(iii) agrees to accept only registered positions in the United States; and

“(iv) meets other criteria as established by the Secretary.

“(2) W nonimmigrant status—Only an alien that is a certified alien may be admitted to the United States as a W nonimmigrant.

“(3) Initial employment—A W nonimmigrant shall report to such nonimmigrant's initial employment in a registered position not later than 14 days after such nonimmigrant is admitted to the United States.

“(4) Term of admission

“(A) Initial term—A certified alien may be granted W nonimmigrant status for an initial period of 3 years.

“(B) Renewal—A W nonimmigrant may renew his or her status as a W nonimmigrant for additional 3-year periods. Such a renewal may be made while the W nonimmigrant is in the United States and shall not require the alien to depart the United States.

“(5) Periods of unemployment—A W nonimmigrant—

“(A) may be unemployed for a period of not more than 60 consecutive days; and

“(B) shall depart the United States if such W nonimmigrant is unable to obtain employment during such period.

“(6) Travel—A W nonimmigrant may travel outside the United States and be readmitted to the United States. Such travel may not extend the period of authorized admission of such W nonimmigrant.

“(d) Registered employer

“(1) Application—An employer seeking to be a registered employer shall submit an application to the Secretary. Each such application shall include the following:

“(A) Documentation to establish that the employer is a bona-fide employer.

“(B) The employer's Federal tax identification number or employer identification number issued by the Internal Revenue Service.

“(C) The number of W nonimmigrants the employer estimates it will seek to employ annually.

“(2) Referral for fraud investigation—The Secretary may refer an application submitted under paragraph (1) or subsection (e)(1)(A) to the Fraud Detection and National Security Directorate of U.S. Citizenship and Immigration Services if there is evidence of fraud for potential investigation.

“(3) Ineligible employers

“(A) In general—Notwithstanding any other applicable penalties under law, the Secretary may deny an employer’s application to be a registered employer if the Secretary determines, after notice and an opportunity for a hearing, that the employer submitting such application—

“(i) has, with respect to the application required under paragraph (1), including any attestations required by law—

“(I) knowingly misrepresented a material fact;

“(II) knowingly made a fraudulent statement; or

“(III) knowingly failed to comply with the terms of such attestations; or

“(ii) failed to cooperate in the audit process in accordance with regulations promulgated by the Secretary;

“(iii) has been convicted of an offense set out in chapter 77 of title 18, United States Code, or any conspiracy to commit such offenses, or any human trafficking offense under State or territorial law;

“(iv) has, within 2 years prior to the date of application—

“(I) received a final adjudication of having committed any hazardous occupation orders violation resulting in injury or death under the child labor provisions contained in section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 211) and any pertinent regulation;

“(II) received a final adjudication assessing a civil money penalty for any repeated or willful violation of the minimum wage provisions of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206); or

“(III) received a final adjudication assessing a civil money penalty for any willful violation of the overtime provisions of section 7 of the Fair Labor Standards Act of 1938 or any regulations thereunder; or

“(v) has, within 2 years prior to the date of application, received a final adjudication for a willful violation or repeated serious violations involving injury or death—

“(I) of section 5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654);

“(II) of any standard, rule, or order promulgated pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655); or

“(III) of a plan approved under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667).

“(B) Length of ineligibility

“(i) Temporary ineligibility—An employer described in subparagraph (A) may be ineligible to be a registered employer for a period that is not less than the time period determined by the Secretary and not more than 3 years.

“(ii) Permanent ineligibility—An employer who has been convicted of any offense set out in chapter 77 of title 18, United States Code, or any conspiracy to commit such offenses, or any human trafficking offense under State or territorial law shall be permanently ineligible to be a registered employer.

“(4) Term of registration—The Secretary shall approve applications meeting the criteria of this subsection for a term of 3 years.

“(5) Renewal—An employer may submit an application to renew the employer's status as a registered employer for additional 3-year periods.

“(6) Fee—At the time an employer's application to be a registered employer or to renew such status is approved, such employer shall pay a fee in an amount determined by the Secretary to be sufficient to cover the costs of the registry of such employers.

“(7) Continued eligibility—Each registered employer shall submit to the Secretary an annual report that demonstrates that the registered employer has provided the wages and working conditions the registered employer agreed to provide to its employees.

“(e) Registered positions

“(1) In general

“(A) Application—Each registered employer shall submit to the Secretary an application to designate a position for which the employer is seeking a W nonimmigrant as a registered position. The Secretary is authorized to determine if the wage to be paid by the employer complies with subparagraph (B)(iv). Each such application shall include a description of each such position.

“(B) Attestation—An application submitted under subparagraph (A) shall include an attestation of the following:

“(i) The number of full-time equivalent employees of the employer.

“(ii) The occupational category, as classified by the Secretary of Labor, for which the registered position is sought.

“(iii) Whether the occupation for which the registered position is sought is a shortage occupation.

“(iv) Except as provided in subsection (g)(4)(C)(i), the wages to be paid to W nonimmigrants employed by the employer in the registered position, including a position in a shortage occupation, will be the greater of—

“(I) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position; or

“(II) the prevailing wage level for the occupational classification of the position in the metropolitan statistical area of the employment, as determined by the Secretary, based on the best information available as of the time of filing the application.

“(v) The working conditions for W nonimmigrants will not adversely affect the working conditions of other workers employed in similar positions.

“(vi) The employer has carried out the recruiting activities required by paragraph (2)(B).

“(vii) There is no qualified United States worker who has applied for the position and who is ready, willing, and able to fill such position pursuant to the requirements in subparagraphs (B) and (C) of paragraph (2).

“(viii) There is not a strike, lockout, or work stoppage in the course of a labor dispute in the occupation at the place of employment at which the W nonimmigrant will be employed. If such strike, lockout, or work stoppage occurs following submission of the application, the employer will provide notification in accordance with all applicable regulations.

“(ix)

“(I) The employer has not laid off and will not layoff a United States worker during the period beginning 90 days prior to and ending 90 days after the date the employer files an application for designation of a position for which the W nonimmigrant is sought or hires such W nonimmigrant, unless the employer has notified such United States worker of the position and documented the legitimate reasons that such United States worker is not qualified or available for the position.

“(II) A United States worker is not laid off for purposes of this subparagraph if, at the time such worker’s employment is terminated, such worker is not employed in the same occupation and in the same metropolitan statistical area where the registered position referred to in subclause (I) is located.

“(C) Best information available—In subparagraph (B)(iv)(II), the term best information available, with respect to determining the prevailing wage for a position, means—

“(i) a controlling collective bargaining agreement or Federal contract wage, if applicable;

“(ii) if there is no applicable wage under clause (i), the wage level commensurate with the experience, training, and supervision required for the job based on Bureau of Labor Statistics data; or

“(iii) if the data referred to in clause (ii) is not available, a legitimate and recent private survey of the wages paid for such positions in the metropolitan statistical area.

“(D) Permit—The Secretary shall provide each registered employer whose application submitted under subparagraph (A) is approved with a permit that includes the number and description of such employer's approved registered positions.

“(E) Term of registration—The approval of a registered position under subparagraph (A) is for a term that begins on the date of such approval and ends on the earlier of—

“(i) the date the employer's status as a registered employer is terminated;

“(ii) 3 years after the date of such approval; or

“(iii) upon proper termination of the registered position by the employer.

“(F) Registry of registered positions

“(i) Maintenance of registry—The Secretary shall develop and maintain a registry of approved registered positions for which the Secretary has issued a permit under subparagraph (D).

“(ii) Availability on website—The registry required by clause (i) shall be accessible on a website maintained by the Secretary.

“(iii) Availability on State workforce agency websites—Each State workforce agency shall be linked to such registry and provide access to such registry through the website maintained by such agency.

“(iv) Conditions of availability on website

“(I) In general—Each approved registered position for which the Secretary has issued a permit shall be included in the registry of registered positions maintained by the Secretary and shall remain available for viewing on such registry throughout the term of registration referred to in subparagraph (E) or paragraph (5).

“(II) Indication of vacancy—The Secretary shall ensure that such registry indicates whether each approved registered position in the registry is filled or unfilled.

“(III) Requirement for 10-day posting—If a W nonimmigrant’s employment in a registered position ends, either voluntarily or involuntarily, the Secretary shall ensure that such registry indicates that the registered position is unfilled for a period of 10 calendar days, unless such registered position is filled by a United States worker.

“(2) Requirements

“(A) Eligible occupation—Each registered position shall be for a position in an eligible occupation as described in paragraph (3).

“(B) Recruitment of United States workers

“(i) Requirements—A position may not be a registered position unless the registered employer—

“(I) advertises the position for a period of 30 days, including the wage range, location, and proposed start date—

“(aa) on the Internet website maintained by the Secretary of Labor for the purpose of such advertising; and

“(bb) with the workforce agency of the State where the position will be located; and

“(II) except as provided for in subsection (g)(4)(B)(i), carries out not less than 3 of the recruiting activities described in subparagraph (C).

“(ii) Duration of advertising—The 30 day periods required by item (aa) of (bb) of clause (i)(I) may occur at the same time.

“(C) Recruiting activities—The recruiting activities described in this subparagraph, with respect to a position for which the employer is seeking a W nonimmigrant, shall consist of any combination of the following as defined by the Secretary of Homeland Security:

“(i) Advertising such position at job fairs.

“(ii) Advertising such position on the employer’s external website.

“(iii) Advertising such position on job search Internet websites.

“(iv) Advertising such position using presentations or postings at vocational, career technical schools, community colleges, high schools, or other educational or training sites.

“(v) Posting such position with trade associations.

“(vi) Utilizing a search firm to seek applicants for such position.

“(vii) Advertising such position through recruitment programs with placement offices at vocational schools, career technical schools, community colleges, high schools, or other educational or training sites.

“(viii) Advertising such position through advertising or postings with local libraries, journals, or newspapers.

“(ix) Seeking a candidate for such position through an employee referral program with incentives.

“(x) Advertising such position on radio or television.

“(xi) Advertising such position through advertising, postings, or presentations with newspapers, Internet websites, job fairs, or community events targeted to constituencies designed to increase employee diversity.

“(xii) Advertising such position through career day presentations at local high schools or community organizations.

“(xiii) Providing in-house training.

“(xiv) Providing third-party training.

“(xv) Advertising such position through recruitment, educational, or other cooperative programs offered by the employer and a local economic development authority.

“(xvi) Advertising such position twice in the Sunday ads in the primary daily circulation newspaper in the area.

“(xvii) Any other recruitment activities determined to be appropriate to be added by the Commissioner.

“(3) Eligible occupation

“(A) In general—An occupation is an eligible occupation if the occupation—

“(i) is a zone 1 occupation, a zone 2 occupation, or zone 3 occupation; and

“(ii) is not an excluded occupation under subparagraph (B).

“(B) Excluded occupations

“(i) Occupations requiring college degrees—An occupation that is listed in the Occupational Outlook Handbook published by the Bureau of Labor Statistics (or similar successor publication) that is classified as requiring an individual with a bachelor’s degree or higher level of education may not be an eligible occupation.

“(ii) Computer occupations—An occupation in the field of computer operation, computer programming, or computer repair may not be an eligible occupation.

“(C) Publication—The Secretary of Labor shall publish the eligible occupations, designated as zone 1 occupations, zone 2 occupations, or zone 3 occupations, on an on-going basis on a publicly available website.

“(4) Filling of vacancies—If a W nonimmigrant’s employment in a registered position ends, such employer may fill that vacancy—

“(A) by hiring a United States worker; or

“(B) after the 10 calendar day posting period in subsection (e)(1)(F)(iv)(III) by hiring—

“(i) a W nonimmigrant; or

“(ii) if available under subsection (g)(4), a certified alien.

“(5) Period of approval

“(A) In general—Except as provided in subparagraph (B), a registered position shall be approved by the Secretary for a period of 3 years.

“(B) Returning W nonimmigrants

“(i) Extension of period—A registered position shall continue to be a registered position at the end of the 3-year period referred to in subparagraph (A) if the W nonimmigrant hired for such position is the beneficiary of a petition for immigrant status filed by the registered employer pursuant to this Act or is returning to the same registered employer.

“(ii) Termination of period—The term of a registration position extended under clause (i) shall terminate on the date that is the earlier of—

“(I) the date an application or petition by or for a W nonimmigrant to obtain immigrant status is approved or denied by the Secretary; or

“(II) the date of the termination of such W nonimmigrant’s employment with the registered employer.

“(6) Fees

“(A) Registration fee

“(i) In general—At the time a W nonimmigrant commences employment in the registered position for a registered employer, such employer shall pay a registration fee in an amount determined by the Secretary.

“(ii) Use of fee—A fee collected under clause (i) shall be used to fund any aspect of the operation of the W Visa Program.

“(B) Additional fee

“(i) In general—In addition to the fee required by subparagraph (A), a registered employer, at the time a W nonimmigrant commences employment in the registered position for the registered employer, shall pay an additional fee for each such approved registered position as follows:

“(I) A fee of $1,750 for the registered position if the registered employer, at the time of filing the application for the registered position, is a small business and more than 50 percent and less than 75 percent of the employees of the registered employer are not United States workers.

“(II) A fee of $3,500 for the registered position if the registered employer, at the time of filing the application for the registered position, is a small business and more than 75 percent of the employees of the registered employer are not United States workers.

“(III) A fee of $3,500 for the registered position if the registered employer, at the time of filing the application for the registered position, is not a small business and more than 15 percent and less than 30 percent of the employees of the registered employer are not United States workers.

“(ii) Use of fee—A fee collected under clause (i) shall be used to fund the operations of the Bureau.

“(C) Prohibition on other fees—A registered employer may not be required to pay an additional fee other than any fees specified in this Act if the registered employer is a small business.

“(7) Prohibition on registered positions for certain employers—The Secretary may not approve an application for a registered position for an employer if the employer is not a small business and 30 percent or more of the employees of the employer are not United States workers.

“(f) Excluded geographic location—No application for a registered position filed by a registered employer for an eligible occupation may be approved if the registered position is located in a metropolitan statistical area that has an unemployment rate that is more than 81/2 percent as reported in the most recent month preceding the date that the application is submitted to the Secretary unless—

“(1) the Commissioner has identified the eligible occupation as a shortage occupation; or

“(2) the Secretary approves the registered position under subsection (g)(4).

“(g) Numerical limitation

“(1) Registered positions

“(A) In general—Subject to paragraphs (3) and (4), the maximum number of registered positions that may be approved by the Secretary for a year is as follows:

“(i) For the first year aliens are admitted as W nonimmigrants, 20,000.

“(ii) For the second such year, 35,000.

“(iii) For the third such year, 55,000.

“(iv) For the fourth such year, 75,000.

“(v) For each year after the fourth such year, the level calculated for that year under paragraph (2).

“(B) Dates—The first year referred to in subparagraph (A)(i) shall begin on April 1, 2015, and end on March 31, 2016, unless the Secretary determines that such first year shall begin on October 1, 2015, and end on September 30, 2016.

“(2) Years after year 4

“(A) Current year and preceding year—In this paragraph—

“(i) the term “current year” shall refer to the 12-month period for which the calculation of the numerical limits under this paragraph is being performed; and

“(ii) the term “preceding year” shall refer to the 12-month period immediately preceding the current year.

“(B) Numerical limitation—Subject to subparagraph (D), the number of registered positions that may be approved by the Secretary for a year after the fourth year referred to in paragraph (1)(A)(iv) shall be equal to the sum of—

“(i) the number of such registered positions available under this paragraph for the preceding year; and

“(ii) the product of—

“(I) the number of such registered positions available under this paragraph for the preceding year; multiplied by

“(II) the index for the current year calculated under subparagraph (C).

“(C) Index—The index calculated under this subparagraph for a current year equals the sum of—

“(i) one-fifth of a fraction—

“(I) the numerator of which is the number of registered positions that registered employers applied to have approved under subsection (e)(1) for the preceding year minus the number of registered positions approved under subsection (e) for the preceding year; and

“(II) the denominator of which is the number of registered positions approved under subsection (e) for the preceding year;

“(ii) one-fifth of a fraction—

“(I) the numerator of which is the number of registered positions the Commissioner recommends be available under this subparagraph for the current year minus the number of registered positions available under this subsection for the preceding year; and

“(II) the denominator of which is the number of registered positions available under this subsection for the preceding year;

“(iii) three-tenths of a fraction—

“(I) the numerator of which is the number of unemployed United States workers for the preceding year minus the number of unemployed United States workers for the current year; and

“(II) the denominator of which is the number of unemployed United States workers for the preceding year; and

“(iv) three-tenths of a fraction—

“(I) the numerator of which is the number of job openings as set out in the Job Openings and Labor Turnover Survey of the Bureau of Labor Statistics for the current year minus such number of job openings for the preceding year; and

“(II) the denominator of which is the number of such job openings for the preceding year;

“(D) Minimum and maximum levels—The number of registered positions calculated under subparagraph (B) for a 12-month period may not be less than 20,000 nor more than 200,000.

“(3) Additional registered positions for shortage occupations—In addition to the number of registered positions made available for a year under paragraph (1), the Secretary shall make available for a year an additional number of registered positions for shortage occupations in a particular metropolitan statistical area.

“(4) Special allocations of registered positions

“(A) Authority to make available—In addition to the number of registered positions made available for a year under paragraph (1) or (3), the Secretary shall make additional registered positions available for the year for a specific registered employer as described in this paragraph, if—

“(i) the maximum number of registered positions available under paragraph (1) have been approved for the year and none remain available for allocation; or

“(ii) such registered employer is located in a metropolitan statistical area that has an unemployment rate that is more than 81/2 percent as reported in the most recent month preceding the date that the application is submitted to the Secretary.

“(B) Recruitment

“(i) In general—Except as provided in clause (ii), an initial W nonimmigrant may only enter the United States for initial employment pursuant to a special allocation under this paragraph if the registered employer has carried out at least 7 of the recruiting activities described in subsection (e)(2)(C).

“(ii) Requirement to recruit W nonimmigrants in the United States—A registered employer may register a position pursuant to a special allocation under this paragraph by conducting at least 3 of the recruiting activities described in subsection (e)(2)(C), however a position registered pursuant to this clause may not be filled by an initial W nonimmigrant entering the United States for initial employment.

“(iii) 30 day posting

“(I) Requirement—Any registered employer registering any position under the special allocation authority shall post the position, including the wage range, location, and initial date of employment, for not less than 30 days—

“(aa) on the Internet website maintained by the Secretary of Labor for the purpose of such advertising; and

“(bb) with the workforce agency of the State where the position will be located.

“(II) Contemporaneous posting—The 30 day periods required by items (aa) and (bb) of subclause (I) may occur at the same time.

“(C) Wages

“(i) Initial W nonimmigrants—An initial W nonimmigrant entering the United States for initial employment pursuant to a registered position made available under this paragraph may not be paid less than the greater of—

“(I) the level 4 wage set out in the Foreign Labor Certification Data Center Online Wage Library (or similar successor website) maintained by the Secretary of Labor for such occupation in that metropolitan statistical area; or

“(II) the mean of the highest two-thirds of wages surveyed for such occupation in that metropolitan statistical area.

“(ii) Other W nonimmigrants—A W nonimmigrant employed in a registered position referred to in subsection (g)(4)(B)(ii) may not be paid less than the wages required under subsection (e)(1)(B)(iv).

“(D) Reduction of future registered positions—Each registered position made available for a year subject to the wage conditions of subparagraph (C)(i) shall reduce by 1 the number of registered positions made available under paragraph (g)(1) for the following year or the earliest possible year for which a registered position is available. The limitation contained in subsection (h)(4) shall not be reduced by any registered position made available under this paragraph.

“(h) Allocation of registered positions

“(1) In general

“(A) First 6-month period—The number of registered positions available for the 6-month period beginning on the first day of a year is 50 percent of the maximum number of registered positions available for such year under paragraph (1) or (2) of subsection (g). Such registered positions shall be allocated as described in this subsection.

“(B) Second 6-month period—The number of registered positions available for the 6-month period ending on the last day of a year is the maximum number of registered positions available for such year under paragraph (1) or (2) of subsection (g) minus the number of registered positions approved during the 6-month period referred to in subsection (A). Such registered positions shall be allocated as described in this subsection.

“(2) Shortage occupations

“(A) In general—For the first month of each 6-month period referred to in subparagraph (A) or (B) of paragraph (1) a registered position may not be created in an occupation that is not a shortage occupation.

“(B) Initial designations—Subparagraph (A) shall not apply in any period for which the Commissioner has not designated any shortage occupations.

“(3) Small businesses—During the second, third, and fourth months of each 6-month period referred to in subparagraph (A) or (B) of paragraph (1), one-third of the number of registered positions allocated for such period shall be approved only for a registered employer that is a small business. Any such registered positions not approved for such small businesses during such months shall be available for any registered employer during the last 2 months of each such 6-month period.

“(4) Animal production subsectors—In addition to the number of registered positions made available for a year under paragraph (1) or (3) of such section (g), the Secretary shall make additional registered positions available for the year for occupations designated by the Secretary of Labor as Animal Production Subsectors. The numerical limitation for such additional registered positions shall be no more than 10 percent of the annual numerical limitation provided for in such paragraph (1).

“(5) Limitation for construction occupations

“(A) In general—Subject to subparagraph (B), not more than 33 percent of the registered positions made available under paragraph (1) or (2) of subsection (g) for a year may be granted to perform work in a construction occupation.

“(B) Maximum level—Notwithstanding subparagraph (A), the number of registered positions granted to perform work in a construction occupation under subsection (g)(1) may not exceed 15,000 for a year and 7,500 for any 6-month period.

“(C) Prohibition for occupations with high unemployment

“(i) In general—A registered employer may not hire a certified alien for a registered position to perform work in a construction occupation if the unemployment rate for construction occupations in the corresponding occupational job zone in that metropolitan statistical area was more than 81/2 percent.

“(ii) Determination of unemployment rate—The unemployment rate used in clause (i) shall be determined—

“(I) using the most recent survey taken by the Bureau; or

“(II) if a survey referred to in subclause (I) is not available, using a recent and legitimate private survey.

“(i) Portability—A W nonimmigrant who is admitted to the United States for employment by a registered employer may—

“(1) terminate such employment for any reason; and

“(2) seek and accept employment with another registered employer in any other registered position within the terms and conditions of the W nonimmigrant’s visa.

“(j) Promotion—A registered employer may promote a W nonimmigrant if the W nonimmigrant has been employed with that employer for a period of not less than 12 months. Such a promotion shall not increase the total number of registered positions available to that employer.

“(k) Prohibition on outplacement—A registered employer may not place, outsource, lease, or otherwise contract for the services or placement of a W nonimmigrant employee with another employer if more than 15 percent of the employees of the registered employer are W nonimmigrants.

“(l) W nonimmigrant protections

“(1) Applicability of laws—A W nonimmigrant shall not be denied any right or any remedy under Federal, State, or local labor or employment law that would be applicable to a United States worker employed in a similar position with the employer because of the alien's status as a nonimmigrant worker.

“(2) Waiver of rights prohibited

“(A) In general—A W nonimmigrant may not be required to waive any substantive rights or protections under this Act.

“(B) Construction—Nothing under this paragraph may be construed to affect the interpretation of any other law.

“(3) Prohibition on treatment as independent contractors

“(A) In general—Notwithstanding any other provision of law—

“(i) a W nonimmigrant is prohibited from being treated as an independent contractor under any Federal or State law; and

“(ii) no person, including an employer or labor contractor and any persons who are affiliated with or contract with an employer or labor contractor, may treat a W nonimmigrant as an independent contractor.

“(B) Construction—Subparagraph (A) may not be construed to prevent registered employers who operate as independent contractors from employing W nonimmigrants.

“(4) Payment of fees

“(A) In general—A fee related to the hiring of a W nonimmigrant required to be paid by an employer under this Act shall be paid by the employer and may not be deducted from the wages or other compensation paid to a W nonimmigrant.

“(B) Excluded costs—The cost of round trip transportation from a certified alien's home to the location of a registered position and the cost of obtaining a foreign passport are not fees required to be paid by the employer.

“(5) Tax responsibilities—An employer shall comply with all applicable Federal, State, and local tax laws with respect to each W nonimmigrant employed by the employer.

“(6) Prohibited activities—It shall be unlawful for an employer of a W nonimmigrant to intimidate, threaten, restrain, coerce, retaliate, discharge, or in any other manner, discriminate against an employee or former employee because the employee or former employee—

“(A) discloses information to the employer or any other person that the employee or former employee reasonably believes demonstrates a violation of this section; or

“(B) cooperates or seeks to cooperate in an investigation or other proceeding concerning compliance with the requirements of this section.

“(m) Complaint process—The Secretary shall establish a process for the receipt, investigation, and disposition of complaints by an aggrieved applicant, employee, or nonimmigrant (or a person acting on behalf of such applicant, employee, or nonimmigrant) with respect to—

“(1) the failure of a registered employer to meet a condition of this section; or

“(2) the lay off or nonhiring of a United States worker as prohibited under this section.

“(n) Enforcement

“(1) In general—The Secretary shall promulgate regulations for the receipt, investigation, and disposition of complaints by an aggrieved W nonimmigrant respecting a violation of this section.

“(2) Filing deadline—No investigation or hearing shall be conducted on a complaint concerning a violation under this section unless the complaint was filed not later than 6 months after the date of such violation.

“(3) Reasonable basis—The Secretary shall conduct an investigation under this subsection if there is reasonable basis to believe that a violation of this section has occurred. The process established under this subsection shall provide that, not later than 30 days after a complaint is filed, the Secretary shall determine if there is reasonable cause to find such a violation.

“(4) Notice and hearing

“(A) In general—Not later than 60 days after the Secretary makes a determination of reasonable basis under paragraph (3), the Secretary shall issue a notice to the interested parties and offer an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code.

“(B) Hearing deadline—Not later than 60 days after the date of a hearing under this paragraph, the Secretary shall make a finding on the matter.

“(5) Attorney's fees

“(A) Award—A complainant who prevails in an action under this subsection with respect to a claim related to wages or compensation for employment, or a claim for a violation of subsection (l) or (m), shall be entitled to an award of reasonable attorney's fees and costs.

“(B) Frivolous complaints—A complainant who files a frivolous complaint for an improper purpose under this subsection shall be liable for the reasonable attorney’s fees and costs of the person named in the complaint.

“(6) Power of the Secretary—The Secretary may bring an action in any court of competent jurisdiction—

“(A) to seek remedial action, including injunctive relief;

“(B) to recover the damages described in this subsection and subsection (o); or

“(C) to ensure compliance with terms and conditions described in subsection (l)(6).

“(7) Other rights of employees—The rights and remedies provided to W nonimmigrants under this section are in addition to any other contractual or statutory rights and remedies of the workers, and are not intended to alter or affect such rights and remedies.

“(o) Penalties

“(1) In general—If, after notice and an opportunity for a hearing, the Secretary finds a violation of this section, the Secretary may impose administrative remedies and penalties, including—

“(A) back wages;

“(B) benefits; and

“(C) civil monetary penalties.

“(2) Civil penalties—The Secretary may impose, as a civil penalty—

“(A) for a violation of this subsection—

“(i) a fine in an amount not more than $2,000 per violation per affected worker and $4,000 per violation per affected worker for each subsequent violation;

“(ii) if the violation was willful, a fine in an amount not more than $5,000 per violation per affected worker; and

“(iii) if the violation was willful and if in the course of such violation a United States worker was harmed, a fine in an amount not more than $25,000 per violation per affected worker; or

“(B) for knowingly failing to materially comply with the terms of representations made in petitions, applications, certifications, or attestations under this section—

“(i) a fine in an amount not more than $4,000 per aggrieved worker; and

“(ii) upon the occasion of a third offense of failure to comply with representations, a fine in an amount not to exceed $5,000 per affected worker and designation as an ineligible employer, recruiter, or broker for purposes of any immigrant or nonimmigrant program.

“(3) Criminal penalty—Any person who knowingly misrepresents the number of full-time equivalent employees of an employer or the number of employees of a person who are United States workers for the purpose of reducing a fee under subsection (e)(6) or avoiding the limitation in subsection (e)(7), shall be fined in accordance with title 18, United States Code, in an amount up to $25,000 or imprisoned not more than 1 year, or both.

“(p) Monitoring

“(1) Requirement to monitor—The Secretary shall monitor the movement of W nonimmigrants in registered positions through—

“(A) the Employment Verification System described in section 274A(d); and

“(B) the electronic monitoring system described in paragraph (2).

“(2) Electronic monitoring system

“(A) Requirement for system—The Secretary, through U.S. Citizenship and Immigration Services, shall implement an electronic monitoring system to monitor presence and employment of W nonimmigrants, including a requirement that registered employers update the system when W nonimmigrants start and end employment in registered positions.

“(B) System description—Such system shall be modeled on the Student and Exchange Visitor Information System (SEVIS) and SEVIS II tracking system of U.S. Immigration and Customs Enforcement.

“(C) Interaction with registry—Such system shall interact with the registry referred to in subsection (e)(1)(F) to ensure that the Secretary designates and updates approved registered positions as being filled or unfilled.”

“(X) in accordance with the definitions in section 203(b)(6)(A), a qualified entrepreneur who has demonstrated that, during the 3-year period ending on the date on which the alien filed an initial petition for nonimmigrant status described in this clause—

“(i) a qualified venture capitalist, a qualified super angel investor, a qualified government entity, a qualified community development financial institution, qualified startup accelerator, or such other type of entity or investors, as determined by the Secretary, or any combination of such entities or investors, has made a qualified investment or combination of qualified investments of not less than $100,000 in total in the alien’s United States business entity; or

“(ii) the alien’s United States business entity has created no fewer than 3 qualified jobs and during the 2-year period ending on such date has generated not less than $250,000 in annual revenue arising from business conducted in the United States; or”

“(aa) INVEST nonimmigrant visas

“(1) Definitions—The definitions in section 203(b)(6)(A) apply to this subsection.

“(2) Initial period of authorized admission—The initial period of authorized status as a nonimmigrant described in section 101(a)(15)(X) shall be for an initial 3-year period.

“(3) Renewal of admission—Subject to paragraph (4), the initial period of authorized nonimmigrant status described in paragraph (2) may be renewed for additional 3-year periods if during the most recent 3-year period that the alien was granted such status—

“(A) the alien’s United States business entity has created no fewer than 3 qualified jobs and a qualified venture capitalist, a qualified super angel investor, a qualified government entity, a qualified community development financial institution, qualified startup accelerator, or such other type of entity or investors, as determined by the Secretary, or any combination of such entities or investors, has made a qualified investment or combination of qualified investments of not less than $250,000 in total to the alien's United States business entity; or

“(B) the alien’s United States business entity has created no fewer than 3 qualified jobs and, during the 2-year period ending on the date that the alien petitioned for an extension, has generated not less than $250,000 in annual revenue arising from business conducted within the United States.

“(4) Waiver of renewal requirements—The Secretary may renew an alien's status as a nonimmigrant described in section 101(a)(15)(X) for not more than 1 year at a time, up to an aggregate of 2 years if the alien—

“(A) does not meet the criteria under paragraph (3); and

“(B) meets the criteria established by the Secretary, in consultation with the Secretary of Commerce, for approving renewals under this subsection, which shall include a finding that—

“(i) the alien has made substantial progress in meeting such criteria; and

“(ii) such renewal is economically beneficial to the United States.

“(5) Attestation—The Secretary may require an alien seeking status as a nonimmigrant described in section 101(a)(15)(X) to attest, under penalty of perjury, that the alien meets the application criteria.

“(6) X–1 visa fee—In addition to processing fees, the Secretary shall collect a $1,000 fee from each nonimmigrant admitted under section 101(a)(15)(X). Fees collected under this paragraph shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.”

“(6) INVEST immigrants

“(A) Definitions—In this paragraph, section 101(a)(15)(X), and section 214(s):

“(i) Qualified community development financial institution—The term qualified community development financial institution is defined as provided under section 1805.201 45D(c) of title 12, Code of Federal Regulations, or any similar successor regulations.

“(ii) Qualified entrepreneur—The term “qualified entrepreneur” means an individual who—

“(I) has a significant ownership interest, which need not constitute a majority interest, in a United States business entity;

“(II) is employed in a senior executive position of such United States business entity;

“(III) submits a business plan to U.S. Citizenship and Immigration Services; and

“(IV) had a substantial role in the founding or early-stage growth and development of such United States business entity.

“(iii) Qualified government entity—The term qualified government entity means an agency or instrumentality of the United States or of a State, local, or tribal government.

“(iv) Qualified investment—The term qualified investment—

“(I) means an investment in a qualified entrepreneur's United States business entity that is—

“(aa) a purchase from the United States business entity or equity or convertible debt issued by such entity;

“(bb) a secured loan;

“(cc) a convertible debt note;

“(dd) a public securities offering;

“(ee) a research and development award from a qualified government entity to the United States entity;

“(ff) other investment determined appropriate by the Secretary; or

“(gg) a combination of the investments described in items (aa) through (ff); and

“(II) may not include an investment from such qualified entrepreneur, the parents, spouse, son, or daughter of such qualified entrepreneur, or from any corporation, company, association, firm, partnership, society, or joint stock company over which such qualified entrepreneur has a substantial ownership interest.

“(v) Qualified job—The term qualified job means a full-time position of a United States business entity owned by a qualified entrepreneur that—

“(I) is located in the United States;

“(II) has been filled for at least 2 years by an individual who is not the qualified entrepreneur or the spouse, son, or daughter of the qualified entrepreneur; and

“(III) pays a wage that is not less than 250 percent of the Federal minimum wage.

“(vi) Qualified startup accelerator—The term qualified startup accelerator means a corporation, company, association, firm, partnership, society, or joint stock company that—

“(I) is organized under the laws of the United States or any State and conducts business in the United States;

“(II) in the ordinary course of business, provides a program of training, mentorship, and logistical support to assist entrepreneurs in growing their businesses;

“(III) is managed by individuals, the majority of whom are citizens of the United States or aliens lawfully admitted for permanent residence;

“(IV)

“(aa) regularly acquires an equity interest in companies that participate in its programs, where the majority of the capital so invested is committed from individuals who are United States citizens or aliens lawfully admitted for permanent residence, or from entities organized under the laws of the United States or any State; or

“(bb) is an entity that has received not less than $250,000 in funding from a qualified government entity or entities during the previous 5 years and regularly makes grants to companies that participate in its programs (in which case, such grant shall be treated as a qualified investment for purposes of clause (iv));

“(V) during the previous 5 years, has acquired an equity interest in, or, in the case of an entity described in subclause (IV)(bb), regularly made grants to, not fewer than 10 United States business entities that have participated in its programs and that have—

“(aa) each secured at least $100,000 in initial investments; or

“(bb) during any 2-year period following the date of such acquisition, generated not less than $500,000 in aggregate annual revenue within the United States;

“(VI) has its primary location in the United States; and

“(VII) satisfies such other criteria as may be established by the Secretary.

“(vii) Qualified super angel investor—The term qualified super angel investor means an individual or organized group of individuals investing directly or through a legal entity—

“(I) each of whom is an accredited investor, as defined in section 230.501(a) of title 17, Code of Federal Regulations, or any similar successor regulation, investing the funds owned by such individual or organized group in a qualified entrepreneur's United States business entity;

“(II)

“(aa) if an individual, is a citizen of the United States or an alien lawfully admitted for permanent residence; or

“(bb) if an organized group or legal entity, a majority of the individuals investing through such group or entity are citizens of the United States or aliens lawfully admitted for permanent residence; and

“(III) each of whom in the previous 3 years has made qualified investments in a total amount determined to be appropriate by the Secretary, that is not less than $50,000, in United States business entities which are less than 5 years old.

“(viii) Qualified venture capitalist—The term qualified venture capitalist means an entity—

“(I) that—

“(aa) is a venture capital operating company (as defined in section 2510.3–101(d) of title 29, Code of Federal Regulations (or any successor to such regulation)); or

“(bb) has management rights, as defined in, and to the extent required by, such section 2510.3–101(d) (or successor regulation), in its portfolio companies;

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

“(III) the investment adviser, that is registered under the Investment Advisers Act of 1940 (15 U.S.C. 80b–2), for which—

“(aa) has its primary office location in the United States;

“(bb) is owned, directly or indirectly, by individuals, the majority of whom are citizens of the United States or aliens lawfully admitted for permanent residence in the United States;

“(cc) has been advising such entity or other similar funds or entities for at least 2 years; and

“(dd) has advised such entity or a similar fund or entity with respect to at least 2 investments of not less than $500,000 made by such entity or similar fund or entity during each of the most recent 2 years.

“(ix) Secretary—Except as otherwise specifically provided, the term “Secretary” means the Secretary of Homeland Security.

“(x) Senior executive position—The term “senior executive position” includes the position of chief executive officer, chief technology officer, and chief operating officer.

“(xi) United States business entity—The term “United States business entity” means any corporation, company, association, firm, partnership, society, or joint stock company that is organized under the laws of the United States or any State and that conducts business in the United States that is not—

“(I) a private fund, as defined in 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2);

“(II) a commodity pool, as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a);

“(III) an investment company, as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a–3); or

“(IV) an issuer that would be an investment company but for an exemption provided in—

“(aa) section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c); or

“(bb) section 270.3a–7 of title 17 of the Code of Federal Regulations or any similar successor regulation.

“(B) In general—Visas shall be available, in a number not to exceed 10,000 for each fiscal year, to qualified immigrants seeking to enter the United States for the purpose of creating new businesses, as described in this paragraph.

“(C) Eligibility—An alien is eligible for a visa under this paragraph if—

“(i)

“(I) the alien is a qualified entrepreneur;

“(II) the alien maintained valid nonimmigrant status in the United States for at least 2 years;

“(III) during the 3-year period ending on the date the alien files an initial petition for such status under this section—

“(aa)

“(AA) the alien has a significant ownership in a United States business entity that has created no fewer than 5 qualified jobs; and

“(BB) a qualified venture capitalist, a qualified super angel investor, a qualified government entity, a qualified community development financial institution, qualified startup accelerator, or such other entity or type of investors, as determined by the Secretary, or any combination of such entities or investors, has devoted a qualified investment or combination of qualified investments of not less than $500,000 in total to the alien's United States business entity; or

“(bb)

“(AA) the alien has a significant ownership interest in a United States business entity that has created no fewer than 5 qualified jobs; and

“(BB) during the 2-year period ending on such date has generated not less than $750,000 in annual revenue within the United States; and

“(IV) no more than 2 other aliens have received nonimmigrant status under this section on the basis of an alien's ownership of such United States business entity;

“(ii)

“(I) the alien is a qualified entrepreneur;

“(II) the alien maintained valid nonimmigrant status in the United States for at least 3 years prior to the date of filing an application for such status;

“(III) the alien holds an advanced degree in a field of science, technology, engineering, or mathematics, approved by the Secretary; and

“(IV) during the 3-year period ending on the date the alien files an initial petition for such status under this section—

“(aa)

“(AA) the alien has a significant ownership interest in a United States business entity that has created no fewer than 4 qualified jobs; and

“(BB) a qualified venture capitalist, a qualified super angel investor, a qualified government entity, a qualified community development financial institution, qualified startup accelerator, or such other entity or type of investors, as determined by the Secretary, or any combination of such entities or investors, has devoted a qualified investment or combination of qualified investments of not less than $500,000 in total to the alien's United States business entity; or

“(bb)

“(AA) the alien has a significant ownership interest in a United States business entity that has created no fewer than 3 qualified jobs; and

“(BB) during the 2-year period ending on such date has generated not less than $500,000 in annual revenue within the United States; and

“(V) no more than 3 other aliens have received nonimmigrant status under this section on the basis of an alien's ownership of such United States business entity.

“(D) Attestation—The Secretary may require an alien seeking a visa under this paragraph to attest, under penalties of perjury, to the alien's qualifications.”

“(E) Regional center program

“(i) In general—Visas under this paragraph shall be made available to qualified immigrants participating in a program implementing this paragraph that involves a regional center in the United States, which has been designated by the Secretary of Homeland Security, in consultation with the Secretary of Commerce, on the basis of a general proposal for the promotion of economic growth, including—

“(I) increased export sales;

“(II) improved regional productivity;

“(III) job creation; or

“(IV) increased domestic capital investment.

“(ii) Establishment of a regional center—A regional center shall have jurisdiction over a defined geographic area, which shall be described in the proposal and consistent with the purpose of concentrating pooled investment in defined economic zones. The establishment of a regional center may be based on general predictions, contained in the proposal, concerning—

“(I) the kinds of commercial enterprises that will receive investments from aliens;

“(II) the jobs that will be created directly or indirectly as a result of such investments; and

“(III) other positive economic effects such investments will have.

“(iii) Compliance—In determining compliance with subparagraph (A)(ii), the Secretary of Homeland Security shall permit aliens admitted under the program described in this subparagraph to establish reasonable methodologies for determining the number of jobs created by the program, including jobs estimated to have been created indirectly through—

“(I) revenues generated from increased exports, improved regional productivity, job creation; or

“(II) increased domestic capital investment resulting from the program, including jobs created outside of the geographic boundary of the regional center as a result of the immigrant’s investment in regional center-affiliated commercial enterprises.

“(iv) Indirect job creation—The Secretary shall permit immigrants admitted under this paragraph to satisfy the requirements under subparagraph (A)(ii) with jobs that are estimated to be created indirectly through investment under this paragraph in accordance with this subparagraph.

“(F) Preapproval of business plans for regional center investments

“(i) Petition—Before the filing of a petition under this subparagraph by an alien investor, a commercial enterprise affiliated with a regional center may file a petition with the Secretary of Homeland Security to preapprove a particular investment in the commercial enterprise, as provided in—

“(I) a business plan for a specific capital investment project;

“(II) investment documents, such as subscription, investment, partnership, and operating agreements; and

“(III) a credible economic analysis regarding estimated job creation that is based upon reasonable methodologies.

“(ii) Preapproval procedure—The Secretary shall establish a process to facilitate the preapproval of business plans under this subparagraph related to investment in a regional center commercial enterprise, which shall include an opportunity for the applicant to address and cure any deficiencies identified by the Secretary in the applicant’s business plan, investment documents, or statement regarding job creation prior to a final determination. The Secretary shall impose a fee for the use of the process described in this clause sufficient to recover the costs of its administration.

“(iii) Effect of preapproval of business plan for investment in regional center commercial enterprise—The preapproval of a petition under this subparagraph shall be binding for purposes of the adjudication of petitions filed under this subparagraph by immigrants investing in the commercial enterprise unless the Secretary determines that there is evidence of fraud, misrepresentation, criminal misuse, a threat to national security, or other evidence affecting program eligibility that was not disclosed by the petitioner during the preapproval process.

“(iv) Expedited processing option for alien investor petitions affiliated with preapproved business plans—The Secretary may establish a premium processing option for alien investors who are investing in a commercial enterprise that has received preapproval under this subparagraph and may impose a fee for the use of that option sufficient to recover all costs of the option.

“(v) Consideration of criminal activity in establishing eligibility criteria—The Secretary shall consider the potential for fraud, misrepresentation, criminal misuse, and threats to national security in establishing eligibility criteria for any program the Secretary may establish under this subparagraph.

“(G) Regional center financial statements

“(i) In general—Each regional center designated under subparagraph (E) shall annually submit, to the Director of U.S. Citizenship and Immigration Services (referred to in this subparagraph as the “Director”), in a manner prescribed by the Secretary of Homeland Security, financial statements, including—

“(I) an accounting of all foreign investor money invested through the regional center; and

“(II) for each capital investment project—

“(aa) an accounting of the aggregate capital invested through the regional center or affiliated commercial enterprises by immigrants under this paragraph;

“(bb) a description of how such funds are being used to execute the approved business plan;

“(cc) evidence that 100 percent of such investor funds have been dedicated to the project;

“(dd) detailed evidence of the progress made toward the completion of the project;

“(ee) an accounting of the aggregate direct and indirect jobs created or preserved; and

“(ff) a certification by the regional center that such statements are accurate.

“(ii) Amendment of financial statements—If the Director determines that a financial statement required under clause (i) is deficient, the Director may require the regional center to amend or supplement such financial statement.

“(iii) Sanctions

“(I) Effect of violation—If the Director determines, after reviewing the financial statements submitted under clause (i), that a regional center, director, or other individual involved with a regional center (other than an alien investor) has violated any requirement under clause (i) or that the regional center is conducting itself in a manner inconsistent with its designation, the Director may sanction the violating entity or individual under subclause (II).

“(II) Authorized sanctions—The Director shall establish a graduated set of sanctions for violations referred to in subclause (I), including—

“(aa) fines equal to not more than 5 percent of the total capital invested by immigrant investors in the commercial enterprise’s approved business plan;

“(bb) temporary suspension from participation in the program described in subparagraph (E), which may be lifted by the Director if the individual or entity cures the alleged violation after being provided such an opportunity by the Director;

“(cc) permanent bar from program participation for 1 or more individuals affiliated with the regional center; and

“(dd) termination of regional center status.

“(H) Bona fides of persons involved in regional centers

“(i) In general—No person shall be permitted by any regional center to be involved with the regional center as its principal, representative, administrator, owner, officer, board member, manager, executive, general partner, fiduciary, marketer, promoter, or other similar position of substantive authority for the operations, management or promotion of the regional center if the Secretary of Homeland Security—

“(I) determines such person has been found liable within the previous 5 years for any criminal or civil violation of any law relating to fraud or deceit, or at any time if such violation involved a criminal conviction with a term of imprisonment of at least 1 year or a criminal or civil violation of any law or agency regulation in connection with the purchase or sale of a security; or

“(II) knows or has reasonable cause to believe that the person is engaged in, has ever been engaged in, or seeks to engage in any—

“(aa) illicit trafficking in any controlled substance;

“(bb) activity relating to espionage or sabotage;

“(cc) activity related to money laundering (as described in section 1956 or 1957 of title 18, United States Code);

“(dd) terrorist activity (as defined in clauses (iii) and (iv) of section 212(a)(3)(B));

“(ee) human trafficking or human rights offense; or

“(ff) violation of any statute, regulation, or Executive Order regarding foreign financial transactions or foreign asset control.

“(ii) Information required—The Secretary shall require such attestations and information, including, the submission of fingerprints to the Federal Bureau of Investigation, 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 clause (i), as the Secretary considers appropriate to determine whether the regional center is in compliance with clause (i). The Secretary may require the information and attestations described in this clause from such regional center, and any person involved in the regional center, at any time on or after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.

“(iii) Termination—The Secretary is authorized, in his or her unreviewable discretion, to terminate any regional center from the program under this paragraph if he or she determines that—

“(I) the regional center is in violation of clause (i);

“(II) the regional center or any person involved with the regional center has provided any false attestation or information under clause (ii);

“(III) the regional center or any person involved with the regional center fails to provide an attestation or information requested by the Secretary under clause (ii); or

“(IV) the regional center or any person involved with the regional center is engaged in fraud, misrepresentation, criminal misuse, or threats to national security.

“(I) Regional center compliance with securities laws

“(i) Certification required—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, to the best knowledge of the applicant, all parties to the regional center are in, and will maintain, compliance with the securities laws of the United States.

“(ii) Termination or suspension—The Secretary shall terminate the designation of any regional center that does not provide the certification described in subclause (i) on an annual basis. In addition to any other authority provided to the Secretary regarding the regional center program described in subparagraph (E), the Secretary may, in his or her unreviewable discretion, suspend or terminate the designation of any regional center if he or she determines that the regional center or any party to the regional center—

“(I) 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;

“(II) is subject to any final order of the Securities and Exchange Commission that—

“(aa) bars such person from association with an entity regulated by the Securities and Exchange Commission; or

“(bb) constitutes a final order based on violations in connection with the purchase or sale of a security; or

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

“(iii) Savings provision—Nothing in this subparagraph may be construed to impair or limit the authority of the Securities and Exchange Commission under the Federal securities laws.

“(iv) Defined term—For the purpose of this subparagraph, the term party to the regional center shall include the regional center, its agents, employees, and attorneys, and any persons in active concert or participation with the regional center.

“(J) Denial or revocation—If the Secretary of Homeland Security determines, in his or her unreviewable discretion, that the approval of a petition, application, or benefit described in this subparagraph is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to national security, the Secretary may deny or revoke the approval of—

“(i) a petition seeking classification of an alien as an alien investor under this paragraph;

“(ii) a petition to remove conditions under section 216A before granting lawful permanent resident status or any other petition, application, or benefit based upon the previous or concurrent filing or approval of a petition for classification of an alien under this paragraph; or

“(iii) an application for designation as a regional center.”

“216A. Conditional permanent resident status for certain employment-based immigrants, spouses, and children

“(a) In general

“(1) Conditional basis for status—Notwithstanding any other provision of this Act, employment-based immigrants (as defined in subsection (f) (1) or (2)), alien spouses, and alien children (as defined in subsection (f)(3)) 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 employment-based immigrant, 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 the alien, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) 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 an employment-based immigrant, alien spouse, or alien child, at or about the beginning of the 90-day period described in subsection (d)(3), of the requirements of subsection (c)(1).

“(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 an employment-based immigrant, alien spouse, or alien child.

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

“(1) Alien investor—In the case of an alien investor with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that—

“(A) the investment in the commercial enterprise was intended as a means of evading the immigration laws of the United States;

“(B)

“(i) the alien did not invest, or was not actively in the process of investing, the requisite capital; 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) subject to the exception in subsection (d)(4), the alien was otherwise not conforming to the requirements under section 203(b)(5),

“(2) Employee of a Federal national security, science, and technology laboratory, center or agency—In the case of an employee of a Federal national security, science, and technology laboratory, center, or agency (as defined pursuant to section 203(b)(2)(C)) with permanent resident status on a conditional basis under subsection (a), if the Secretary of Homeland Security, in consultation with the relevant employing department or agency, determines, before the first anniversary of the alien's obtaining the status of lawful admission for permanent residence, that—

“(A) the qualifying employment was intended as a means of evading the immigration laws of the United States;

“(B) the alien has not completed or is not likely to complete 12 months of qualifying continuous employment; or

“(C) the alien did not otherwise conform with the requirements of section 203(b)(2),

“(3) Hearing in removal proceeding—Any alien whose permanent resident status is terminated under paragraph (1) or (2) 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) or (2), as appropriate, is met.

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

“(1) In general

“(A) Petition and interview—In order for the conditional basis established under subsection (a) for an employment-based immigrant, alien spouse, or alien child to be removed—

“(i) the employment-based immigrant shall submit to the Secretary of Homeland Security, during the period described in subsection (d)(3), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in paragraph (1) or (2) of subsection (d), as appropriate; and

“(ii) in accordance with subsection (d)(3), the employment-based immigrant must appear for a personal interview before an officer or employee of U.S. Citizenship and Immigration Services respecting such facts and information.

“(B) Separate petition not required—An alien spouse or alien child shall not be required to file separate petitions under subparagraph (A)(i) if the employment-based immigrant’s petition includes such alien spouse or alien child.

“(C) Effect on spouse or child—If the alien spouse or alien child obtains permanent residence on a conditional basis after the employment-based immigrant files a petition under subparagraph (A)(i)—

“(i) the conditional basis of the permanent residence of the alien spouse or alien child shall be removed upon approval of the employment-based immigrant’s petition under this subsection;

“(ii) the permanent residence of the alien spouse or alien child shall be unconditional if—

“(I) the employment-based immigrant’s petition is approved before the date on which the spouse or child obtains permanent residence; or

“(II) the employment-based immigrant dies after the approval of a petition under section 203(b)(5); and

“(iii) the alien child shall not be deemed ineligible for approval under section 203(b)(5) or removal of conditions under this section if the alien child reaches 21 years of age during—

“(I) the pendency of the employment-based immigrant’s petition under section 203(b)(5); or

“(II) conditional residency under such section.

“(D) Additional fee—Notwithstanding any other provision under this section, the Secretary may require the employment-based immigrant to pay an additional fee for a petition filed under subparagraph (A)(i) that includes the alien’s spouse and child or children.

“(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), if—

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

“(ii) unless there is good cause shown, the employment-based immigrant fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(4)),

“(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 paragraphs (1)(A) and (1)(B).

“(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 employment-based immigrant appears at any interview described in paragraph (1)(B),

“(B) Removal of conditional basis if favorable determination

“(i) Header—If the Secretary of Homeland Security determines with respect to a petition filed by an alien investor that such facts and information are true, the Secretary shall so notify the alien investor 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) Removal of conditional basis for employee of a Federal national security, science, and technology laboratory, center or agency—If the Secretary of Homeland Security determines with respect to a petition filed by an employee of a Federal national security, science, and technology laboratory, center, or agency that such facts and information are true, the Secretary shall so notify the alien and shall remove the conditional basis of the alien's status effective as of the first anniversary of the alien's lawful admission for permanent residence.

“(C) Termination 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 employment-based immigrant, 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) and alleged in the petition are not true.

“(d) Details of petition and interview

“(1) Contents of petition by alien investor—Each petition filed by an alien investor under section (c)(1)(A) shall contain facts and information demonstrating that the alien—

“(A)

“(i) invested, or is actively in the process of investing, the requisite capital; and

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

“(B) except as provided in paragraph (4), is otherwise conforming to the requirements under section 203(b)(5).

“(2) Contents of petition by employee of a Federal national security, science, and technology laboratory, center, or agency—Each petition under subsection (c)(1)(A) filed by an employee of a Federal national security, science, and technology laboratory, center, or agency shall contain facts and information demonstrating that the alien is conforming to the requirements of section 203(b)(2).

“(3) Period for filing petition

“(A) 90-day period before anniversary—Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) must be filed as follows:

“(i) In the case of an alien investor, during the 90-day period before the second anniversary of the alien's lawful admission for permanent residence.

“(ii) In the case of an employee of a Federal national security, science, and technology laboratory, center, or agency, during the 90-day period before the first anniversary of the alien's lawful admission for permanent residence.

“(B) Late petitions—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).

“(4) 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 U.S. Citizenship and Immigration Services, designated by the Secretary of Homeland Security, which is convenient to the parties involved. The Secretary, in the discretion of the Secretary, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.

“(5) Special rule for alien investors in a regional center—Each petition under subsection (c)(1)(A) filed by an alien investor who invests in accordance with section 203(b)(5)(E) shall contain facts and information demonstrating that the alien is complying with the requirements under section 203(b)(5), except—

“(A) the alien shall not be subject to the requirements under section 203(b)(5)(A)(ii); and

“(B) the petition shall contain the most recent financial statement filed by the regional center in which the alien has invested in accordance with section 203(b)(5)(G).

“(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, if the alien has had the conditional basis removed pursuant to this section.

“(f) Fraud, misrepresentation, criminal misuse, or threats to the public safety or national security—If the Secretary of Homeland Security determines, in his or her sole and unreviewable discretion, that the conditional permanent resident status granted to an employment-based immigrant under subsection (a), or to an alien researcher described in section 203(b)(2)(A)(ii) is contrary to the national interest of the United States for reasons relating to fraud, misrepresentation, criminal misuse, or threats to national security, the Secretary shall—

“(1) notify the immigrant involved of such determination; and

“(2) terminate the permanent resident status of the immigrant involved (and the alien spouse and alien children of such immigrant) as of the date of such determination.

“(g) Definitions—In this section:

“(1) The term alien investor 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)(5).

“(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 investor or an employee of a Federal national security, science, and technology laboratory, center, or agency.

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

“(4) The term employment-based immigrant means an alien described in paragraph (1) or (5).

“(5) The term employee of a Federal national security, science, and technology laboratory, center, or agency 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)(2)(A)(ii).”

“(P) Aliens who are the spouse or a child of an alien admitted as an employment-based immigrant under section 203(b)(5).”

“(5) Age determination for children of alien investors—An alien admitted under subsection (d) as a lawful permanent resident on a conditional basis as the child of an alien lawfully admitted for permanent residence under subsection (b)(5), whose lawful permanent resident status on a conditional basis is terminated under section 216A, shall continue to be considered a child of the principal alien for the purpose of a subsequent immigrant petition by such alien under subsection (b)(5) if the alien remains unmarried and the subsequent petition is filed by the principal alien not later than 1 year after the termination of conditional lawful permanent resident status. No alien shall be considered a child under this paragraph with respect to more than 1 petition filed after the alien’s 21st birthday.”

“(A) impose a monetary fine on such institution in an amount to be determined by the Secretary; and

“(B) suspend the authority of such institution to issue a Form I–20 to any alien.”

“(5) Permanent disqualification for fraud—A designated school official at, or an owner of, an approved institution of higher education, an other approved educational institution, or a designated exchange visitor program who is convicted for fraud relating to any aspect of the Student and Exchange Visitor Program shall be permanently disqualified from filing future petitions and from having an ownership interest or a management role (including serving as a principal, owner, officer, board member, general partner, designated school official, or any other position of substantive authority for the operations or management of the institution) in any United States educational institution that enrolls nonimmigrant alien students described in subparagraph (F) or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).”

“(6) Background check requirement

“(A) In general—An individual may not serve as a designated school official or be granted access to SEVIS unless the individual is a national of the United States or an alien lawfully admitted for permanent residence and during the most recent 3-year period—

“(i) the Secretary of Homeland Security has—

“(I) conducted a thorough background check on the individual, including a review of the individual’s criminal and sex offender history and the verification of the individual’s immigration status; and

“(II) determined that the individual—

“(aa) has not been convicted of any violation of United States immigration law; and

“(bb) is not a risk to the national security of the United States; and

“(ii) the individual has successfully completed an on-line training course on SEVP and SEVIS, which has been developed by the Secretary.

“(B) Interim designated school official

“(i) In general—An individual may serve as an interim designated school official during the period that the Secretary is conducting the background check required by subparagraph (A)(i)(I).

“(ii) Reviews by the Secretary—If an individual serving as an interim designated school official under clause (i) does not successfully complete the background check required by subparagraph (A)(i)(I), the Secretary shall review each Form I–20 issued by such interim designated school official.

“(7) Fee—The Secretary is authorized to collect a fee from an approved school for each background check conducted under paragraph (6)(A)(i). The amount of such fee shall be equal to the average amount expended by the Secretary to conduct such background checks.”