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Code · BILL · 113th Congress · H.R. 2131 (Introduced in House) — To amend the Immigration and Nationality Act to enhance American competitiveness through the encouragement of high-sk... · Sec. 301

Sec. 301. Funding for STEM education and training

458 words·~2 min read·/bill/113/hr/2131/ih/section-301

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Section 214(c)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(9) ) is amended— in subparagraph (A)— in the matter preceding clause (i)— by striking (20 U.S.C. 1001(a), and inserting ( ; and 20 U.S.C. 1001(a) ), by striking filing before a petition and inserting filing a petition ; by amending subparagraph
(B)to read as follows: The amount of the fee imposed under this paragraph shall be— $1,250 for each such petition filed by an employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer); and $2,500 for each such petition filed by an employer with more than 25 such employees. ; by amending subparagraph
(C)to read as follows: Fees collected under this paragraph shall be distributed as follows: Of the amounts collected pursuant to subparagraph (B)(i)— $750 shall be deposited in the Treasury in accordance with section 286(s); and $500 shall be deposited in the Treasury in accordance with section 286(x). Of the amounts collected pursuant to subparagraph (B)(ii)— $1,500 shall be deposited in the Treasury in accordance with section 286(s); and $1,000 shall be deposited in the Treasury in accordance with section 286(x). ; by redesignating subparagraph
(C)as subparagraph (D); and by inserting after subparagraph
(B)the following: The Secretary of Homeland Security shall impose the fee described in this paragraph on an employer filing an attestation under section 212(t)(1), and on an employer employing an alien pursuant to section 214(e), in the same manner as such fee is imposed on an employer described in subparagraph (A). In the case of employment pursuant to section 214(e), the Secretary of Homeland Security shall establish a method of imposing the fee described in the preceding sentence notwithstanding the absence of a petition or attestation. . Section 286(s)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s)(1) ) is amended by striking the last sentence and inserting There shall be deposited as offsetting receipts into the account a portion of the fees collected under paragraphs
(9)and
(11)of section 214(c). . Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended by adding at the end the following: The Secretary of Homeland Security shall impose a fee of $1,000 on each I–140 immigrant visa petition filed under this subsection. Amounts collected under this paragraph shall be deposited into the Treasury in accordance with section 286(x). . The amendments made by this section shall take effect on October 1, 2013, and shall apply to petitions filed under section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)), and attestations filed under section 212(t)(1) of such Act (8 U.S.C. 1182(t)(1)), on or after such date.
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