comprehensive visa adjustment act of 2011

8/9/2019 Comprehensive Visa Adjustment Act of 2011

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SUMMARY

Comprehensive Visa Adjustment Act of 2011- Amends the Immigration and Nationality Act to (1) allow F-1 visa holders whoattain advanced degrees in a science, technology, engineering or mathematics (STEMS) discipline, who are deemed to possessexceptional ability (as defined by graduating in the top 10% of their class), to adjust their status to that of permanent residentupon timely application to the Attorney General, (2) raise the cap on H1-B visas from 65,000 to 200,000, (3) lift the cap on H1-Cvisas if a local or state executive declares a state of emergency that requires a number of nurses that cannot be provided bycurrent workforce levels, (4) raise the cap on EB-5 visas from 10,000 to 17,000 and the amount of those reserved for targetedemployment areas from 3,000 to 5,000, (5) lower the monetary requirements for an EB-5 visa if an applicant is able to attractinstitutional or private investment from American venture capitalists or angel investors in order to start a new business.

(1) Currently, aliens wishing to study at American institutions of higher education must apply for an F-1 visa. Such aliens mustmaintain full-time matriculation in order to remain in the United States. After the completion of their studies, F-1 student visaholders must either secure an employer sponsored work visa, an EB-2 permanent resident card or leave the United States within60 days.

Aliens constitute approximately 10 percent of the overall graduate student body in the United States and comprise almost a third

of all STEMS graduate students. The majority of these students return to their home country following graduation, citing betterjob prospects and difficulty obtaining U.S. work visas.

Decreased confidence in the job market has also prompted many aliens to forgo graduate study in the United States altogether,citing the hefty loans that often accompany such commitment as a major motivating factor. Decline in the rate of enrollment byforeign students has an adverse effect on graduate programs, particularly in STEMS disciplines. Other countries with topuniversities such as Britain and Singapore offer an easier path to residency after graduation and are drawing a greater number offoreign graduate students in recent years.

The decline in the number of foreign graduate students studying in the STEMS disciplines who remain in the United Satesfollowing graduation has led to increased dependence on outsourcing and contracting of research and development and adecrease in domestic investment in such activities.

Highly skilled and educated immigrants have historically been one of the primary drivers of economic development in theUnited States. According to research conducted by the E.M Kaufman Foundation, immigrants account for 45 percent of growthin the U.S. workforce during the last two decades, many of which have a high level of skill and education, contributingdisproportionately to the most dynamic part of the U.S. economy the high-tech sector. Immigrants have co-founded some of

the most successful tech companies in the United States: Google, Intel, eBay and Yahoo.

This Act will provide incentive and ability for aliens receiving graduate degrees in STEMS disciplines to remain in the United

States, thereby increasing the competitiveness of the American economy, particularly in high-tech fields.

(2) In past years, there have been many more H1-B visa applicants than there were visas available. During 2008, a period ofeconomic recession, the quota was met before the end of the year, and demand is only projected to increase. Low caps on thenumber of H1-B visas oblige U.S companies to outsource labor.

Microsoft, one of Americas largest recipients of the H1-B visa program with 1,318 petitions approved in 2009, opened asoftware development center in Vancouver, Canada in 2007 to attract a diverse pool of talent. Intels director of governmentrelations has also stated to not be able to hire the people who really drive innovation in our company is a frustration.

This Act significantly raises the cap on H1-B visas in order to provide American companies with access to highly skilledworkers and prevent outsourcing of high-tech and other skilled jobs.

(3) The United States suffers from a shortage of qualified nurses. According to the American Association of Colleges of Nurses,the U.S. nursing shortage is projected to grow to 260,000 registered nurses by 2025. Under current law, only 500 nonimmigrantvisas are issued for petitioners for entrance under the H1-C visa program per fiscal year.

This Act lifts the cap on the number of visas that can be issued under this program in the event a local or state official declares astate or emergency, so that if needed, an adequate number of nurses can be recruited for a given disaster area if the AttorneyGeneral determines that the need cannot be met by the existing nursing workforce.

(4) Six out of the top ten venture capitalists, as identified by Forbes in 2009, are foreign born. According to the study AmericanMade, the market capitalization of U.S. public companies that were founded by immigrants and backed by venture capital was$500 billion between 1990-2005. This Act encourages foreign entrepreneurs to invest in the United States.

(5) Adopts the language included in H.R. 4259, The Employment Benefit Act of 2009, sponsored by Rep. Polis.


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RESHMA SAUJANI FOR CONGRESS 1

Comprehensive Visa Adjustment Act of 2011 (Introduced in House)HR ****

112th CONGRESS1st Session

H. R. ****

To amend the Immigration and Nationality Act to permit certain F-1 visa holders to adjust status to lawful permanent resident

status upon completion of certain programs of study, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 3, 2011

Ms. SAUJANI will introduce the following bill; which will be referred to the Committee on the Judiciary.

A BILL

To amend the Immigration and Nationality Act to permit certain F-1 visa holders to adjust status to lawful permanent resident

status upon completion of certain programs of study, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 1. SHORT TITLE.

This Act may be cited as the `Comprehensive Visa Adjustment Act of 2011'.

SEC. 2. FINDINGS AND PURPOSE.

(a) FINDINGS THE CONGRESS FINDS

(1) Enrollment rates of aliens in American graduate science, technology and engineering (hereafter referred toas STEMS) programs is declining, creating a negative impact on these programs.

(2) Aliens constitute approximately 10 percent of the graduate student body in the United States and comprisealmost a third of the student body of STEMS programs.

(3) The majority of these students return to their home country following graduation, citing better job

prospects and difficulty obtaining work visas.

(4) Other counties with top universities offer aliens an easier path to permanent residency or employment aftergraduation.

(5) Immigrants account for 45 percent of growth in the U.S. workforce during the last two decades, many ofwhich have a high level of skill and education, contributing disproportionately to the most dynamic part of the

U.S. economy the high-tech sector. Immigrants have co-founded some of the most successful techcompanies in the United States: Google, Intel, eBay and Yahoo.

(6) Declining enrollment rates of aliens in STEMS graduate programs and the increasing number of those whodo study in America but return to their home country after graduation is creating an increased dependence onoutsourcing of research and development.

(7) The investment by the United States in STEMS research and development has declined during the pastdecade while the investment by countries in Asia has increased.


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(b) PURPOSE IT IS THE PURPOSE OF THE ACT TO

(1) Provide incentive and ability for aliens receiving graduate degrees in STEMS disciplines to remain in theUnited States.

(2) Increase the competitiveness of the American Economy, particularly in the high-tech fields.

(3) Reduce outsourcing of high-tech and other highly skilled jobs.

(4) Provide a legal basis for skilled nonimmigrant nurses to enter the United States in the event of a dire need

as identified by a local or state executive that, according to the Attorney General, cannot be addressed solelyby the existing nursing workforce.

(5) Increase the ability of foreign entrepreneurs to immigrate to the United States.

SEC. 3. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF

CERTAIN F-1 VISA HOLDERS.

(a) IN GENERAL- The Immigration and Nationality Act (8 U.S.C.) is amended--

(1) by adding the following section:

SEC. 245b. ADJUSTMENT OF STATUS OF CERTAIN NONIMMIGRANT STUDENT VISAHOLDERS TO THAT OF PERSONS ADMITTED FOR PERMANENT RESIDENCE-

(a) IN GENERAL- The Attorney General shall adjust the status of an alien described insection 101(a)(15)(F)(i) to that of an alien lawfully admitted for permanent residence ifthe alien meets the following requirements

(1) ATTAINMENT OF ADVANCED DEGREE- The alien has completed allrequirements for an advanced degree in a STEMS discipline;

(2) EXCEPTIONAL ABILITY- The alien demonstrates exceptional ability in aSTEMS discipline as defined in section 101(a)(15)(O)(iii); and

(3) EXCEPTIONS- The alien has not be deemed inadmissible according to theprovisions of section 212.

(b) NOTIFICATION OF ELIGIBILITY-

(1) NOTIFICATION TO ATTORNEY GENERAL- Institutions of highereducation (as defined in section 1001 of title 20, United States Code) shallsubmit to the Attorney General a notice of such alien F-1 visa holders that areanticipated to meet with the requirement of subsection (a)(1) and (a)(2) at thecompletion of a given academic period and shall also provide notice to suchaliens of eligibility for permanent residence status as provided by this section.

(A) Such aliens as reported by an institution of higher education shall

be considered conditionally eligible to receive permanent residencestatus.

(2) NOTIFICATION TO ELIGIBLE ALIENS- At the time an alien F-1 visaholder becomes conditionally eligible for permanent resident status underparagraph (1)(a), the Attorney General shall provide for notice to such visaholder respecting the provisions of this section and the requirements ofsubsection (c) to have the conditional basis of such status be approved.

(c) TIMELY APPLICATION- Aliens eligible for permanent resident status as provided

by this Act who wish to claim such status shall file a petition for such designation


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pursuant to section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) as

amended by subsection (c), and

(1) PROOF OF GRADUATION- An alien shall submit proof of havingsatisfied the requirements set forth by subsection (a)(1).

(2) EXCEPTIONAL ABILITY- An alien shall submit proof of having satisfiedthe requirements set forth by subsection (a)(2)..

(b) IN GENERAL- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended--

(1) by adding at the end the following new subparagraph:

(F) Aliens whose status is adjusted to permanent residence under section 1255b of this title..

(c) IN GENERAL- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C 1153(a)(1)) is amended--

(1) by adding at the end the following new subparagraph:

(M) Any alien desiring to be provided an immigrant visa under section 245b of this title may filea petition at the place and time determined by the Secretary of State by regulation.

(ii)

(I) The Secretary of State shall designate a period for the filing of petitions withrespect to visas which may be issued under section 245b of this title for thefiscal year beginning after the end of the period.

(II) Aliens who qualify for a visa under section 1255b of this title shall remaineligible to receive such visa only through the end of the specific fiscal year forwhich they were selected.

(III) The Secretary of State shall prescribe such regulations as may be necessaryto carry out this clause.

(iii) A petition under this subparagraph shall be in such form as the Secretary of State

may by regulation prescribe and shall contain such information and be supported by such

documentary evidence as the Secretary of State may require and such information asrequired by section 245b(c) of this title..

(d) IN GENERAL- Section 101 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)) is amended--

(1) by adding at the end the following new clause:

(iii) has exceptional ability with regards to the requirements of section 245b of this title who

(I) has graduated from an institution of higher education with an advanced degree in thetop 10 percent of the class in respect to grades earned in the specific program of study..

SEC. 4. ADJUSTMENT OF NUMERICAL LIMITS FOR H1-B VISAS.

(a) Changes to Numerical Limit- Section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (8 U.S.C.1184(g)(1)(A)(vii)) is amended--

(1) by striking 65,000 and inserting 200,000.

SEC. 5. ADJUSTMENT OF NUMERICAL LIMITS FOR H1-C VISAS.

(a) IN GENERAL- Section 212(m) of the Immigration and Nationality Act (8 U.S.C. 1182(m)) is amended--


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(1) by adding the following new paragraph:

(8) In the event a local or state executive declares a state of emergency (as defined and allowedunder the law of the particular jurisdiction) and the Attorney General of the United Statesdetermines that the current nursing workforce is inadequate, the numerical limitations contained inparagraph (4) shall not apply to any nonimmigrant alien issued a visa or otherwise provided statusunder section 1101(a)(15)(H)(i)(c) of this title who

(B) is employed (or has received an offer of employment) from a hospital that meets therequirements set forth in paragraph (6) located in the jurisdiction of the executive who

has declared the state of emergency..

SEC. 6. ADJUSTMENT OF NUMERICAL LIMITS FOR EB-5 VISAS.

(a) Changes to Worldwide Limits--

(1) Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)) is amended--

(A) in subparagraph (A)--

(i) by striking 7.1 and inserting 11.6; and

(B) in subparagraph (B)--

(i) by striking 3,000 and inserting 5,000.

(2) Section 201(d)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1151(d)(1)(A)) is amended--

(A) by striking 140,000 and inserting 147,000.

SEC. 11. EXPANSION OF EB-5 ELIGIBILITY TO INCLUDE QUALIFIED

IMMIGRANTS WHO COMPLETE INVESTMENT AGREEMENTS.

(a) Changes to Investment Criteria- Section 203(b)(5)(A) of the Immigration and Nationality Act (8 U.S.C.

1153(b)(5)(A)) is amended--

(1) in the matter preceding clause (i), by striking `partnership)--' and inserting `partnership) as follows:'

(2) in clause (i)--

(A) by striking `(i) in which' and inserting the following:

`(i) A new commercial enterprise--

`(I) in which';

(B) by striking `, and' at the end and inserting a semicolon; and

(C) by adding at the end the following:

`(II) with respect to which such alien has completed an investment agreementwith a qualified venture capital operating company for an investment in theenterprise of an amount not less than the amount specified in subparagraph (C);or

`(III) with respect to which such alien has completed an investment agreementwith 1 or more angel investors for an investment in the enterprise of an amountnot less than the amount specified in subparagraph


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`(iii) any entity owned or controlled by any member of the immediate family of theinvestor.'.

(d) Conforming Amendments to Conditional Permanent Status Provisions-

(1) TERMINATION OF STATUS IF FINDING THAT QUALIFYING ENTREPRENEURSHIPIMPROPER- Section 216A(b)(1)(B) of such Act (8 U.S.C. 1186b(b)(1)(B)) is amended to read as follows:

`(B)(i) the alien--

`(I) did not invest, or was not actively in the process of investing, the requisite capitaldescribed in section 203(b)(5)(A)(i)(I), or was not sustaining such actions throughout theperiod of the alien's residence in the United States; or

`(II) did not complete an investment agreement described in subclause (II) or (III) ofsection 203(b)(5)(A)(i), or such agreement was not carried out or was not actively in theprocess of being carried out; or

`(ii) the commercial enterprise did not--

`(I) create the minimum number of jobs required to be created under section203(b)(5)(A)(ii); or

`(II) generate a profit and at least $1,000,000 in revenue; or'.

(2) CONTENTS OF PETITION- Section 216A(d)(1) of such Act (8 U.S.C. 1186b(d)(1)) is amended--

(A) in the matter preceding subparagraph (A), by striking `that the alien--' and inserting `that--';

(B) by amending subparagraph (A) to read as follows:

`(A)(i) the alien--

`(I) invested, or was actively in the process of investing, the requisite capital described in

section 203(b)(5)(A)(i)(I), and sustained such actions throughout the period of the alien's

residence in the United States; or

`(II) completed an investment agreement described in subclause (II) or (III) of section203(b)(5)(A)(i), and such agreement was carried out or was actively in theprocess of being carried out; and

`(ii) the commercial enterprise--

`(I) created the minimum number of jobs required to be created under section203(b)(5)(A)(ii); or

`(II) generated a profit and at least $1,000,000 in revenue; and'; and

(C) in subparagraph (B), by inserting `the alien' before `is otherwise'.

comprehensive visa adjustment act of 2011

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