HR 2161

112th CONGRESS
1st Session

H. R. 2161

To amend the Immigration and Nationality Act to promote innovation, investment, and research in the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 14, 2011

Ms. ZOE LOFGREN of California (for herself, Mr. CAPUANO, Ms. CHU, Mr. CONYERS, Ms. ESHOO, Mr. GUTIERREZ, Mr. HEINRICH, Mr. HONDA, Mrs. MALONEY, Mr. GEORGE MILLER of California, Mr. POLIS, Ms. LINDA T. SANCHEZ of California, Mr. SCHIFF, and Mr. RUSH) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend the Immigration and Nationality Act to promote innovation, investment, and research in the United States, and for other purposes.

SECTION 1. SHORT TITLE.

TITLE I--ATTRACTING AND RETAINING INNOVATORS AND JOB CREATORS

SEC. 101. U.S. GRADUATES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS.

SEC. 102. ENTREPRENEURS WHO ESTABLISH BUSINESSES AND CREATE JOBS IN THE UNITED STATES.

SEC. 103. ELIMINATING GREEN CARD BACKLOGS.

SEC. 104. IMMIGRANT ENTREPRENEURS AND INNOVATORS PRESENT IN THE UNITED STATES.

TITLE II--INVESTING IN THE NEXT GENERATION OF INNOVATORS AND JOB CREATORS

SEC. 201. INVESTING IN STEM EDUCATION FOR U.S. STUDENTS.

SEC. 202. U.S. STEM EDUCATION AND TRAINING ACCOUNT.

SEC. 203. ACCESS TO STUDENT VISAS FOR IMMIGRANT STUDENTS PRESENT IN THE UNITED STATES.

TITLE III--REDUCING ADMINISTRATIVE HURDLES TO FOSTER INNOVATION AND JOB CREATION

SEC. 301. STREAMLINING LABOR CERTIFICATIONS.

`(aa) At least 80 percent of the employer's workforce in the United States are United States workers.

`(bb) At least 80 percent of the employer's new hires in the United States in the 5 years preceding the filing of the application are United States workers.

`(cc) The employer regularly posts employment opportunities on a publicly accessible Internet Web site and has engaged in at least 3 other forms of active recruitment on an annual basis over the preceding 3 years.

`(dd) The employer will continue to engage in the recruitment efforts described in item (cc) during the certification period.

`(aa) TIMELY ADJUDICATIONS- The Secretary of Labor shall adjudicate an application for designation under subclause (I) not later than 30 days after the date on which the application is filed. In the event that additional information or documentation is requested by the Secretary, the Secretary shall adjudicate the application not later than 30 days after the receipt of such information or documentation.

`(bb) APPLICATION FEE- In addition to any other fees authorized by law, the Secretary of Labor may impose a fee on an employer that submits an application for designation under subclause (I). The amount of the fee shall be $500 for each such application. Fees collected under this clause shall be deposited in the Treasury in accordance with section 286(w).

`(cc) PERIOD OF DESIGNATION- Unless terminated under item (dd), a designation issued under this clause shall be valid for 3 years.

`(dd) TERMINATION- The Secretary of Labor may terminate a designation under subclause (I) if the Secretary determines that the employer--

`(AA) did not fulfill the requirements of such subclause at the time the certification was issued; or

`(BB) failed to meet the requirements under subclause (I)(ee) during the designation period described in item (cc).

`(aa) EMPLOYEE REFERRAL PROGRAM- The employer operates an employee referral program that includes meaningful incentives for employees to refer workers for job openings.

`(bb) IN-HOUSE RECRUITERS- The employer retains an in-house recruiter on a full-time basis to recruit workers for job openings.

`(cc) JOB FAIRS- The employer recruits workers at job fairs that are advertised in newspaper advertisements in which the employer is named as a participant in such fairs.

`(dd) MILITARY RECRUITING- The employer recruits workers during recruiting events that are organized by the Armed Forces of the United States.

`(ee) ON-CAMPUS RECRUITING- The employer recruits workers at institutions of higher education during recruiting events that are organized by such institutions.

`(ff) PRIVATE EMPLOYMENT FIRMS- The employer regularly engages private employment firms or placement agencies to recruit workers for job openings.

`(gg) TRADE OR PROFESSIONAL ORGANIZATIONS- The employer regularly advertises with trade or professional organizations to recruit workers for job openings.'.

SEC. 302. STREAMLINING PETITIONS FOR ESTABLISHED EMPLOYERS.

SEC. 303. PREMIUM PROCESSING.

TITLE IV--PROTECTING AMERICAN WORKERS

SEC. 401. STRENGTHENING THE PREVAILING WAGE SYSTEM TO PROTECT AMERICAN WORKERS.

SEC. 402. REFORMING THE H-1B VISA PROGRAM TO PROTECT AMERICAN WORKERS.

SEC. 403. REFORMING THE L VISA PROGRAM TO PROTECT AMERICAN WORKERS.

TITLE V--PROMOTING INVESTMENT IN THE AMERICAN ECONOMY

SEC. 501. EB-5 EMPLOYMENT CREATION INVESTOR PROGRAM.

SEC. 502. CONCURRENT FILING; ADJUSTMENT OF STATUS.

SEC. 503. FEES; PREMIUM PROCESSING.

END