Sec. 101. Immigrant visas for certain advanced STEM graduates

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 201(d)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(1)(A) ) is amended by striking “140,000,” and inserting “140,000 in fiscal years through 2013 and 195,000 beginning in fiscal year 2014, reduced for any fiscal year beginning in fiscal year 2014 by the number by which the number of visas under section 201(e) would have been reduced in that year pursuant to section 203(d) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1151 note) if section 201(e) had not been repealed by section 106 of the SKILLS Visa Act ,”. Section 203(b) of such Act ( 8 U.S.C. 1153(b) ) is amended— by redesignating paragraph

(6)as paragraph (9); and by inserting after paragraph

(5)the following: Visas shall be made available, in a number not to exceed 55,000, reduced for any fiscal year by the number by which the number of visas under section 201(e) would have been reduced in that year pursuant to section 203(d) of the Nicaraguan Adjustment and Central American Relief Act ( 8 U.S.C. 1151 note) if section 201(e) had not been repealed by section 106 of the SKILLS Visa Act , plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who— hold a doctorate degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education, or have successfully completed a dental, medical, or veterinary residency program (within the summary group of residency programs in the Department of Education’s Classification of Instructional Programs taxonomy), have received a medical degree

(MD)in a program that prepares individuals for the independent professional practice of medicine (series 51.12 in the Department of Education’s Classification of Instructional Programs taxonomy), have received a dentistry degree (DDS, DMD) in a program that prepares individuals for the independent professional practice of dentistry/dental medicine (series 51.04 in the Department of Education’s Classification of Instructional Programs taxonomy), have received a veterinary degree

(DVM)in a program that prepares individuals for the independent professional practice of veterinary medicine (series 51.24 in the Department of Education’s Classification of Instructional Programs taxonomy), or have received an osteopathic medicine/osteopathy degree

(DO)in a program that prepares individuals for the independent professional practice of osteopathic medicine (series 51.19 in the Department of Education’s Classification of Instructional Programs taxonomy) from an institution that is described in subclauses (I), (III), and

(IV)of subparagraph (B)(iii); and have taken all courses required for such degrees, including all courses taken by correspondence (including courses offered by telecommunications) or by distance education, while physically present in the United States. For purposes of this paragraph, paragraph (7), and sections 101(a)(15)(F)(i)(I) and 212(a)(5)(A)(iii)(III): The term distance education has the meaning given such term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). The term field of science, technology, engineering, or mathematics means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, biological and biomedical sciences, mathematics and statistics, physical sciences, and the series geography and cartography (series 45.07), advanced/graduate dentistry and oral sciences (series 51.05) and nursing (series 51.16). The term United States doctoral institution of higher education means an institution that— is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) or is a proprietary institution of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b))); was classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2013, as a doctorate-granting university with a very high or high level of research activity or classified by the National Science Foundation after the date of enactment of this paragraph, pursuant to an application by the institution, as having equivalent research activity to those institutions that had been classified by the Carnegie Foundation as being doctorate-granting universities with a very high or high level of research activity; has been in existence for at least 10 years; and is accredited by an accrediting body that is itself accredited either by the Department of Education or by the Council for Higher Education Accreditation. Subject to clause (ii), the Secretary of Homeland Security may not approve a petition filed for classification of an alien under subparagraph

(A)unless the Secretary of Homeland Security is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A), except that the Secretary of Homeland Security may, when the Secretary deems it to be in the national interest, waive this requirement. The requirement of clause

(1)and

(6)shall be made available to the classes of aliens who— hold a master’s degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education that was either part of a master’s program that required at least 2 years of enrollment or part of a 5-year combined baccalaureate-master’s degree program in such field; have taken all master’s degree courses in a field of science, technology, engineering, or mathematics, including all courses taken by correspondence (including courses offered by telecommunications) or by distance education, while physically present in the United States; and hold a baccalaureate degree in a field of science, technology, engineering, or mathematics. Subject to clause (ii), the Secretary of Homeland Security may not approve a petition filed for classification of an alien under subparagraph

(i)shall be deemed satisfied with respect to an employer and an alien in a case in which a certification made under section 212(a)(5)(A)(i) has already been obtained with respect to the alien by that employer. The definitions in paragraph (6)(B) shall apply for purposes of this paragraph. . Section 203(b)(2)(A) of such Act ( 8 U.S.C. 1153(b)(2)(A) ) is amended by striking paragraph (1), and inserting paragraphs (1), (6), and (7), . Section 203(b)(3)(A) of such Act ( 8 U.S.C. 1153(b)(3)(A) ) is amended by striking paragraphs

(1)and (2), and inserting paragraphs (1), (2), (6), and (7), . Section 204(a)(1)(F) of such Act (8 U.S.C. 1154(a)(1)(F)) is amended— by striking

(F)and inserting (F)(i) ; by striking or 203(b)(3) and inserting 203(b)(3), 203(b)(6), or 203(b)(7) ; by striking Attorney General and inserting Secretary of Homeland Security ; and by adding at the end the following: The following processing standards shall apply with respect to petitions under clause

(i)relating to alien beneficiaries qualifying under paragraph

(6)or

(7)of section 203(b): The Secretary of Homeland Security shall adjudicate such petitions not later than 60 days after the date on which the petition is filed. In the event that additional information or documentation is requested by the Secretary during such 60-day period, the Secretary shall adjudicate the petition not later than 30 days after the date on which such information or documentation is received. The petitioner shall be notified in writing within 30 days of the date of filing if the petition does not meet the standards for approval. If the petition does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified petition. . Section 212(a)(5) of such Act ( 8 U.S.C. 1182(a)(5) ) is amended— in subparagraph (A)— in clause (ii)— in subclause (I), by striking , or at the end and inserting a semicolon; in subclause (II), by striking the period at the end and inserting ; or ; and by adding at the end the following: holds a doctorate degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education (as defined in section 203(b)(6)(B)(iii)). ; by redesignating clauses

(ii)through

(iv)as clauses

(iii)through (v), respectively; by inserting after clause

(i)the following: An employer who files an application under clause

(i)shall submit a job order for the labor the alien seeks to perform to the State workforce agency in the State in which the alien seeks to perform the labor. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ). The Secretary of Labor shall include links to the official websites of all State workforce agencies on a single webpage of the official website of the Department of Labor. ; and by adding at the end the following: 203(b) The following processing standards shall apply with respect to applications under clause

(i)relating to alien beneficiaries qualifying under paragraph

(6)or

(7)of section 203(b): The Secretary of Labor shall adjudicate such applications not later than 180 days after the date on which the application is filed. In the event that additional information or documentation is requested by the Secretary during such 180-day period, the Secretary shall adjudicate the application not later than 60 days after the date on which such information or documentation is received. The applicant shall be notified in writing within 60 days of the date of filing if the application does not meet the standards for approval. If the application does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified application. ; and in subparagraph (D), by striking

(2)or

(3)and inserting (2), (3), (6), or

(7). Not later than June 30, 2019, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(iii)(II) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(6)(B)(iii)(II) ), as added by this section. The Secretary of Homeland Security shall make available to the public on the official website of the Department of Homeland Security, and shall update not less than monthly, the following information (which shall be organized according to month and fiscal year) with respect to aliens granted status under paragraph

(6)or

(7)of section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ), as added by this section: The name, city, and State of each employer who petitioned pursuant to either of such paragraphs on behalf of one or more aliens who were granted status in the month and fiscal year to date. The number of aliens granted status under either of such paragraphs in the month and fiscal year to date based upon a petition filed by such employer. The occupations for which such alien or aliens were sought by such employer and the job titles listed by such employer on the petition. The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after such date. Nothing in the preceding sentence shall be construed to prohibit the Secretary of Homeland Security from accepting before such date petitions under section 204(a)(1)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) ) relating to alien beneficiaries qualifying under paragraph

(6)or

(7)of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) (as added by this section).

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