(Reintroduced in 2015)
Text: S.169 — 113th Congress (2013-2014)
[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 169 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 169
To amend the Immigration and Nationality Act to authorize additional
visas for well-educated aliens to live and work in the United States,
and for other purposes.
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IN THE SENATE OF THE UNITED STATES
January 29, 2013
Mr. Hatch (for himself, Ms. Klobuchar, Mr. Rubio, Mr. Coons, Mr. Flake,
Mrs. Shaheen, Mr. Heller, Mr. Blumenthal, Mr. Hoeven, Mr. Warner, Mr.
Nelson, and Mr. Schatz) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
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A BILL
To amend the Immigration and Nationality Act to authorize additional
visas for well-educated aliens to live and work in the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Innovation Act of 2013''
or the ``I-Squared Act of 2013''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--EMPLOYMENT-BASED NONIMMIGRANT VISAS
Sec. 101. Market-based H-1B visa limits.
Sec. 102. Employment authorization for dependents of H-1B
nonimmigrants.
Sec. 103. Eliminating impediments to worker mobility.
TITLE II--STUDENT VISAS
Sec. 201. Authorization of dual intent.
TITLE III--EMPLOYMENT-BASED IMMIGRANT VISAS
Sec. 301. Elimination of per-country numerical limitations.
Sec. 302. Recapturing lost employment-based immigrant visas.
Sec. 303. Aliens not subject to direct numerical limitation.
TITLE IV--STEM EDUCATION FUNDING
Sec. 401. Funding for STEM education and training.
Sec. 402. Promoting American Ingenuity Account.
Sec. 403. STEM education grant application process.
Sec. 404. Approved activities.
Sec. 405. National evaluation.
Sec. 406. Rule of construction.
TITLE I--EMPLOYMENT-BASED NONIMMIGRANT VISAS
SEC. 101. MARKET-BASED H-1B VISA LIMITS.
(a) In General.--Section 214(g) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``(beginning with fiscal year 1992)''; and
(B) by amending subparagraph (A) to read as
follows:
``(A) under section 101(a)(15)(H)(i)(b) may not
exceed the sum of--
``(i) the base allocation calculated under
paragraph (9)(A); and
``(ii) the allocation adjustment calculated
under paragraph (9)(B); and'';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking ``or'' at the
end; and
(B) in subparagraph (C), by striking ``, until the
number of aliens who are exempted from such numerical
limitation during such year exceeds 20,000.'' and
inserting ``; or'';
(3) in paragraph (8), by striking subparagraphs (B)(iv) and
(D);
(4) by redesignating paragraph (10) as subparagraph (D) of
paragraph (9);
(5) by redesignating paragraph (9) as paragraph (10); and
(6) by inserting after paragraph (8) the following:
``(9)(A) The base allocation of nonimmigrant visas under section
101(a)(15)(H)(i)(b) for each fiscal year shall be equal to--
``(i) the sum of--
``(I) the base allocation for the most recently
completed fiscal year; and
``(II) the allocation adjustment for the most
recently completed fiscal year;
``(ii) if the number calculated under clause (i) is less
than 115,000, 115,000; or
``(iii) if the number calculated under clause (i) is more
than 300,000, 300,000.
``(B)(i) If the number of cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) during the first 45 days
petitions may be filed for a fiscal year is equal to the base
allocation for such fiscal year, an additional 20,000 such visas shall
be made available beginning on the 46th day on which petitions may be
filed for such fiscal year.
``(ii) If the base allocation of cap-subject nonimmigrant visa
petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year
is reached during the 15-day period ending on the 60th day on which
petitions may be filed for such fiscal year, an additional 15,000 such
visas shall be made available beginning on the 61st day on which
petitions may be filed for such fiscal year.
``(iii) If the base allocation of cap-subject nonimmigrant visa
petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year
is reached during the 30-day period ending on the 90th day on which
petitions may be filed for such fiscal year, an additional 10,000 such
visas shall be made available beginning on the 91st day on which
petitions may be filed for such fiscal year.
``(iv) If the base allocation of cap-subject nonimmigrant visa
petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year
is reached during the 185-day period ending on the 275th day on which
petitions may be filed for such fiscal year, an additional 5,000 such
visas shall be made available beginning on the date on which such
allocation is reached.
``(v) If the number of cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at
least 5,000 fewer than the base allocation, but is not more than 9,999
fewer than the base allocation, the allocation adjustment for the
following fiscal year shall be -5,000.
``(vi) If the number of cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at
least 10,000 fewer than the base allocation, but not more than 14,999
fewer than the base allocation, the allocation adjustment for the
following fiscal year shall be -10,000.
``(vii) If the number of cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at
least 15,000 fewer than the base allocation, but not more than 19,999
fewer than the base allocation, the allocation adjustment for the
following fiscal year shall be -15,000.
``(viii) If the number of cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at
least 20,000 fewer than the base allocation, the allocation adjustment
for the following fiscal year shall be -20,000.''.
(b) Reporting Requirement.--The Secretary of Homeland Security
shall--
(1) timely upload to a public website data that summarizes
the adjudication of nonimmigrant petitions under section
101(a)(15)(H)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(b)) during each fiscal year; and
(2) allow the timely adjustment of visa allocations under
section 214(g)(9)(B) of such Act, as added by subsection (a).
SEC. 102. EMPLOYMENT AUTHORIZATION FOR DEPENDENTS OF H-1B
NONIMMIGRANTS.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C.
1184(c)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (2), by amending subparagraph (E) to read
as follows:
``(E) The Secretary of Homeland Security shall--
``(i) authorize an alien spouse admitted under
subparagraph (H)(i)(b) or (L) of section 101(a)(15) who
is accompanying or following to join the principal
alien to engage in employment in the United States; and
``(ii) provide the spouse with an `employment
authorized' endorsement or other appropriate work
permit.''.
SEC. 103. ELIMINATING IMPEDIMENTS TO WORKER MOBILITY.
(a) Deference to Prior Approvals.--Section 214(c) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding
at the end the following:
``(9) The Secretary of Homeland Security may not deny a petition to
extend the status of a nonimmigrant admitted under subparagraph
(H)(i)(b) or (L) of section 101(a)(15) in which 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 that
renders the nonimmigrant ineligible for such status under this Act; or
``(C) new material information has been discovered that adversely
impacts the eligibility of the employer or the nonimmigrant.''.
(b) Effect of Employment Termination.--Section 214(n) of the
Immigration and Nationality Act (8 U.S.C. 1184(n)) is amended by adding
at the end the following:
``(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 if an employer
files a petition to extend, change, or adjust the status of the
nonimmigrant at any point during such period.''.
(c) Visa Revalidation.--Section 222(c) of the Immigration and
Nationality Act (8 U.S.C. 1202(c)) is amended by inserting ``The
Secretary of State shall authorize an alien admitted under subparagraph
(E), (H), (L), (O), or (P) of section 101(a)(15) to renew his or her
nonimmigrant visa in the United States if the alien has remained
eligible for such status.''.
TITLE II--STUDENT VISAS
SEC. 201. AUTHORIZATION OF DUAL INTENT.
(a) Definition.--Section 101(a)(15)(F)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking
``which he has no intention of abandoning''.
(b) Presumption of Status; Intention To Abandon Foreign
Residence.--Section 214 of the Immigration and Nationality Act (8
U.S.C. 1184) is amended--
(1) in subsection (b), by striking ``(L) or (V)'' and
inserting ``(F), (L), or (V)''; and
(2) in subsection (h), by striking ``(H)(i)(b) or (c)'' and
inserting ``(F), (H)(i)(b), (H)(i)(c)''.
TITLE III--EMPLOYMENT-BASED IMMIGRANT VISAS
SEC. 301. ELIMINATION OF PER-COUNTRY NUMERICAL LIMITATIONS.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended to read as follows:
``(2) Per country levels for family-sponsored immigrants.--
Subject to paragraphs (3) and (4), the total number of
immigrant visas made available to natives of any single foreign
state or dependent area under section 203(a) in any fiscal year
may not exceed 15 percent (in the case of a single foreign
state) or 2 percent (in the case of a dependent area) of the
total number of such visas made available under such section in
that fiscal year.''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``both
subsections (a) and (b) of section 203'' and inserting
``section 203(a)''; and
(B) by striking paragraph (5); and
(2) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If the total number
of immigrant visas made available under section 203(a) to natives of
any single foreign state or dependent area will exceed the numerical
limitation specified in subsection (a)(2) in any fiscal year, the
number of visas for natives of that state or area shall be allocated
under section 203(a) so that, except as provided in subsection (a)(4),
the proportion of the visa numbers made available under each of
paragraphs (1) through (4) of section 203(a) is equal to the ratio of
the total number of visas made available under the respective paragraph
to the total number of visas made available under section 203(a).''.
(c) Country-Specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2013, and shall apply to fiscal years beginning
with fiscal year 2014.
SEC. 302. RECAPTURING LOST EMPLOYMENT-BASED IMMIGRANT VISAS.
Section 201(d) of the Immigration and Nationality Act (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 140,000; and
``(B) the number computed under paragraph (2).
``(2) Unused visas.--The number computed under this
paragraph is the difference, if any, between--
``(A) the sum of the worldwide levels established
under paragraph (1) for fiscal years 1992 through the
current fiscal year; and
``(B) the number of visas actually issued under
section 203(b), subject to this subsection, during such
fiscal years.''.
SEC. 303. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATION.
(a) In General.--Section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end
the following:
``(F) Aliens who are the spouse or a child of an
alien admitted as an employment-based immigrant under
section 203(b).
``(G) Aliens who have earned a master's or higher
degree in a field listed on the STEM Designated Degree
Program List published by the Department of Homeland
Security on the Student and Exchange Visitor Program
website from an institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))).
``(H) Aliens for whom a petition for an employment-
based immigrant visa under paragraph (A) or (B) of
section 203(b)(1) has been approved.''.
(b) Conforming Amendments.--Section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) is amended--
(1) in paragraph (1), by striking ``28.6 percent'' and
inserting ``12 percent'';
(2) in paragraph (2)(A), by striking ``28.6 percent'' and
inserting ``36.9 percent''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``28.6
percent'' and inserting ``36.9 percent'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B).
TITLE IV--STEM EDUCATION FUNDING
SEC. 401. FUNDING FOR STEM EDUCATION AND TRAINING.
(a) Nonimmigrant Fee Adjustment and Allocation.--Section 214(c)(9)
of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)) is
amended--
(1) by amending subparagraph (B) to read as follows:
``(B) The amount of the fee imposed under this paragraph shall be--
``(i) $1,250 for each such petition filed by an employer
with not more than 25 full-time equivalent employees who are
employed in the United States (determined by including any
affiliate or subsidiary of such employer); and
``(ii) $2,500 for each such petition filed by an employer
with more than 25 such employees.''; and
(2) by amending subparagraph (C) to read as follows:
``(C) Fees collected under this paragraph shall be distributed as
follows:
``(i) Of the amounts collected pursuant to subparagraph
(B)(i)--
``(I) $750 shall be deposited in the Treasury in
accordance with section 286(s); and
``(II) $500 shall be deposited in the Treasury in
accordance with section 286(w).
``(ii) Of the amounts collected pursuant to subparagraph
(B)(ii)--
``(I) $1,500 shall be deposited in the Treasury in
accordance with section 286(s); and
``(II) $1,000 shall be deposited in the Treasury in
accordance with section 286(w).''.
(b) Conforming Amendment.--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).''.
(c) Immigrant Fee.--Section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) is amended by adding at the end the
following:
``(7) Funding for stem education and training.--The
Secretary of Homeland Security shall impose a fee of $1,000 on
each I-140 immigrant visa petition filed under this subsection.
Amounts collected under this paragraph shall be deposited into
the Treasury in accordance with section 286(w).''.
SEC. 402. PROMOTING AMERICAN INGENUITY ACCOUNT.
Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356)
is amended by adding at the end the following:
``(w) Promoting American Ingenuity Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`Promoting American Ingenuity Account'. There shall be
deposited as offsetting receipts into the account fees
collected under section 203(b)(7) and a portion of the fees
collected under section 214(c)(9). Amounts deposited into the
account shall remain available to the Secretary of Education
until expended.
``(2) Purposes.--The purposes of the Promoting American
Ingenuity Account are to enhance the economic competitiveness
of the United States by--
``(A) strengthening STEM education, including in
computer science, at all levels;
``(B) ensuring that schools have access to well-
trained and effective STEM teachers;
``(C) supporting efforts to strengthen the
elementary and secondary curriculum, including efforts
to make courses in computer science more broadly
available; and
``(D) helping colleges and universities produce
more graduates in fields needed by American employers.
``(3) Allocation of funds.--
``(A) National activities.--The Secretary of
Education may reserve up to 5 percent of the amounts
deposited into the Promoting American Ingenuity Account
for national research, development, demonstration,
evaluation, and dissemination activities carried out
directly or through grants, contracts, or cooperative
agreements, including--
``(i) activities undertaken jointly with
other Federal agencies, such as STEM mission
agencies; and
``(ii) grants to non-profit organizations
for nationally significant activities
consistent with the purposes of the Immigration
Innovation Act of 2013.
``(B) Allocations to states.--
``(i) In general.--Subject to clause (ii),
the Secretary of Education shall
proportionately allocate the remaining amounts
deposited into the account to the States each
fiscal year in an amount that bears the same
relationship to the remainder as the amount the
State received under subpart 2 of part A of
title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6331 et seq.)
for the preceding fiscal year bears to the
amount all States received under that subpart
for the preceding fiscal year.
``(ii) Minimum allocations.--No State shall
receive less than an amount equal to 0.5
percent of the total amount made available to
all States from the Promoting American
Ingenuity Account. If a State does not request
an allocation from the Account for a fiscal
year, the Secretary shall reallocate the
State's allocation to the remaining States in
accordance with this section.''.
SEC. 403. STEM EDUCATION GRANT APPLICATION PROCESS.
(a) Application.--Each State desiring to receive an allocation from
the Promoting American Ingenuity Account established under section
286(w) of the Immigration and Nationality Act (8 U.S.C. 1356(w)) submit
an application to the Secretary of Education that describes how the
State plans to improve STEM education to meet the needs of employers in
the State, at such time, in such form, and including such information
as the Secretary may prescribe.
(b) Approval.--The Secretary of Education shall approve any
application submitted under subsection (a) that meets the requirements
prescribed by the Secretary if the Secretary determines, after
evaluating the recommendations of peer reviewers, that the State's plan
for the use of funds would be successful in making progress toward
meeting the purposes set forth in section 286(w)(2) of the Immigration
and Nationality Act (8 U.S.C. 1356(w)(2)).
SEC. 404. APPROVED ACTIVITIES.
A State or other entity that receives funding from the Promoting
American Ingenuity Account may use such funding--
(1) to strengthen the State's academic achievement
standards in science, technology, engineering, and mathematics
(STEM);
(2) to implement strategies for the recruitment, training,
placement, and retention of teachers in STEM fields, including
computer science;
(3) to carry out initiatives designed to assist students in
succeeding and graduating from postsecondary STEM programs;
(4) to improve the availability and access to STEM-related
worker training programs, including community college courses
and programs; and
(5) for other activities approved by the Secretary of
Education to improve STEM education.
SEC. 405. NATIONAL EVALUATION.
(a) In General.--Using amounts reserved under section 286(w)(3)(A)
of the Immigration and Nationality Act, as added by section 402, the
Secretary of Education shall conduct, directly or through a grant or
contract, an annual evaluation of the implementation and impact of the
activities funded by the Promoting American Ingenuity Account.
(b) Annual Report.--The Secretary shall submit a report describing
the results of each evaluation conducted under subsection (a) to--
(1) the President;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives;
(4) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(5) the Committee on Education and the Workforce of the
House of Representatives.
(c) Dissemination.--The Secretary shall make the findings of the
evaluation widely available to educators, the business community, and
the public.
SEC. 406. RULE OF CONSTRUCTION.
Nothing in this title may be construed to permit the Secretary of
Education or any other Federal official to approve the content or
academic achievement standards of a State.