109th CONGRESS
2d Session
S. 2691
To amend the Immigration and Nationality Act to increase competitiveness
in the United States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 2, 2006
Mr. CORNYN (for himself, Mr. ALLEN, Mr. ENZI, Mr. LOTT, Mr. ALLARD, and
Mr. BENNETT) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to increase competitiveness
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; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Securing Knowledge, Innovation,
and Leadership Act of 2006' or the `SKIL Act of 2006'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--ACCESS TO HIGH SKILLED FOREIGN WORKERS
Sec. 101. H-1B visa holders.
Sec. 102. Market-based visa limits.
TITLE II--RETAINING FOREIGN WORKERS EDUCATED IN THE UNITED STATES
Sec. 201. United States educated immigrants.
Sec. 202. Immigrant visa backlog reduction.
Sec. 203. Student visa reform.
Sec. 204. L-1 visa holders subject to visa backlog.
Sec. 205. Retaining workers subject to green card backlog.
TITLE III--BUSINESS FACILITATION THROUGH IMMIGRATION REFORM
Sec. 301. Streamlining the adjudication process for established employers.
Sec. 302. Providing premium processing of employment-based visa petitions.
Sec. 303. Eliminating procedural delays in labor certification process.
TITLE IV--MISCELLANEOUS
Sec. 401. Completion of background and security checks.
Sec. 402. Visa revalidation.
TITLE I--ACCESS TO HIGH SKILLED FOREIGN WORKERS
SEC. 101. H-1B VISA HOLDERS.
(a) In General- Section 214(g)(5) of the Immigration and Nationality Act
(8 U.S.C. 1184(g)(5)) is amended--
(1) in subparagraph (B)--
(A) by striking `nonprofit research' and inserting `nonprofit';
(B) by inserting `Federal, State, or local' before `governmental'; and
(C) by striking `or' at the end;
(2) in subparagraph (C)--
(A) by striking `a United States institution of higher education (as
defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))),' and inserting `an institution of higher education in a foreign
country,'; and
(B) by striking the period at the end and inserting a semicolon;
(3) by adding at the end, the following new subparagraphs:
`(D) has earned a master's or higher degree from a United States institution
of higher education (as defined in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)));
`(E) has been awarded medical specialty certification based on post-doctoral
training and experience in the United States; or'.
(b) Applicability- The amendments made by subsection (a) shall apply to
any petition or visa application pending on the date of enactment of this
Act and any petition or visa application filed on or after such date.
SEC. 102. MARKET-BASED VISA LIMITS.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g))
is amended--
(A) in the matter preceding subparagraph (A), by striking `(beginning
with fiscal year 1992)'; and
(B) in subparagraph (A)--
(i) in clause (vi) by striking `and';
(ii) in clause (vii), by striking `each succeeding fiscal year; or'
and inserting `each of fiscal years 2004, 2005, and 2006;'; and
(iii) by adding after clause (vii) the following:
`(viii) 115,000 in the first fiscal year beginning after the date
of the enactment of the Securing Knowledge, Innovation, and Leadership
Act of 2006; and
`(ix) the number calculated under paragraph (9) in each fiscal year
after the year described in clause (viii); or';
(2) in paragraph (5), as amended by section 101(a), in the matter preceding
subparagraph (A), by inserting `101(a)(15)(H)(i)(b1) or section' after
`under section';
(3) in paragraph (8), by striking subparagraphs (B)(iv) and (D);
(4) by redesignating paragraphs (9), (10), and (11) as paragraphs (10),
(11), and (12), respectively; and
(5) by inserting after paragraph (8) the following:
`(9) If the numerical limitation in paragraph (1)(A)--
`(A) is reached during a given fiscal year, the numerical limitation
under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal
to 120 percent of the numerical limitation of the given fiscal year;
or
`(B) is not reached during a given fiscal year, the numerical limitation
under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal
to the numerical limitation of the given fiscal year.'.
TITLE II--RETAINING FOREIGN WORKERS EDUCATED IN THE UNITED STATES
SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.
(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 have earned a master's or higher degree from an accredited
United States university.
`(G) Aliens who have been awarded medical specialty certification based
on post-doctoral training and experience in the United States preceding
their application for an immigrant visa under section 203(b).
`(H) Aliens who will perform labor in shortage occupations designated
by the Secretary of Labor for blanket certification under section 212(a)(5)(A)
as lacking sufficient United States workers able, willing, qualified,
and available for such occupations and for which the employment of aliens
will not adversely affect the terms and conditions of similarly employed
United States workers.
`(I) Aliens who have earned a master's degree or higher in science,
technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
`(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1)
or who have received a national interest waiver under section 203(b)(2)(B).
`(K) The spouse and minor children of an alien who is admitted as an
employment-based immigrant under section 203(b).'.
(b) Labor Certifications- Section 212(a)(5)(A)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking `or' at the end of subclause (I);
(2) by striking the period at the end of subclause (II) and inserting
`; or'; and
(3) by adding at the end the following:
`(I) is a member of the professions and has a master's degree or
higher from an accredited United States university or has been awarded
medical specialty certification based on post-doctoral training
and experience in the United States.'.
SEC. 202. IMMIGRANT VISA BACKLOG REDUCTION.
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- The worldwide level
of employment-based immigrants under this subsection for a fiscal year is
equal to the sum of--
`(2) the difference between--
`(A) the maximum number of visas authorized to be issued under this
subsection during the previous fiscal year; and
`(B) the number of such visas issued during the previous fiscal year;
and
`(3) the difference between--
`(A) the maximum number of visas authorized to be issued under this
subsection during fiscal years 2001 through 2005 and the number of visa
numbers issued under this subsection during those fiscal years; and
`(B) the number of visas calculated under clause (i) that were issued
after fiscal year 2005.'.
SEC. 203. STUDENT VISA REFORM.
(a) In General- Section 101(a)(15)(F) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(F)) is amended to read as follows:
`(I) is a bona fide student qualified to pursue a full course of study
in mathematics, engineering, technology, or the sciences leading to
a bachelors or graduate degree and who seeks to enter the United States
for the purpose of pursuing such a course of study consistent with
section 214(m) at an institution of higher education (as defined by
section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)))
in the United States, particularly designated by the alien and approved
by the Secretary of Homeland Security, after consultation with the
Secretary of Education, which institution or place of study shall
have agreed to report to the Secretary the termination of attendance
of each nonimmigrant student, and if any such institution of learning
or place of study fails to make reports promptly the approval shall
be withdrawn; or
`(II) is engaged in temporary employment for optional practical training
related to such alien's area of study following completion of the
course of study described in subclause (I) for a period or periods
of not more than 24 months;
`(I) has a residence in a foreign country which the alien has no intention
of abandoning, who is a bona fide student qualified to pursue a full
course of study, and who seeks to enter the United States temporarily
and solely for the purpose of pursuing such a course of study consistent
with section 214(m) at an established college, university, seminary,
conservatory, academic high school, elementary school, or other academic
institution or in a language training program in the United States,
particularly designated by the alien and approved by the Secretary
of Homeland Security, after consultation with the Secretary of Education,
which institution or place of study shall have agreed to report to
the Secretary the termination of attendance of each nonimmigrant student,
and if any such institution of learning or place of study fails to
make reports promptly the approval shall be withdrawn; or
`(II) is engaged in temporary employment for optional practical training
related to such alien's area of study following completion of the
course of study described in subclause (I) for a period or periods
of not more than 24 months;
`(iii) who is the spouse or minor child of an alien described in clause
(i) or (ii) if accompanying or following to join such an alien; or
`(I) is a national of Canada or Mexico, who maintains actual residence
and place of abode in the country of nationality, who is described
in clause (i) or (ii) except that the alien's qualifications for and
actual course of study may be full or part-time, and who commutes
to the United States institution or place of study from Canada or
Mexico; or
`(II) is engaged in temporary employment for optional practical training
related to such the student's area of study following completion of
the course of study described in subclause (I) for a period or periods
of not more than 24 months;'.
(b) Admission- Section 214(b) of the Immigration and Nationality Act (8
U.S.C. 1184(b)) is amended by inserting `(F)(i),' before `(L) or (V)'.
(c) Conforming Amendment- Section 214(m)(1) of the Immigration and Nationality
Act (8 U.S.C. 1184(m)(1)) is amended, in the matter preceding subparagraph
(A), by striking `(i) or' and inserting `(i), (ii), or (iv)'.
SEC. 204. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2))
is amended by adding at the end the following new subparagraph:
`(G) The limitations contained in subparagraph (D) with respect to the duration
of authorized stay shall not apply to any nonimmigrant alien previously
issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(L)
on whose behalf a petition under section 204(b) to accord the alien immigrant
status under section 203(b), or an application for labor certification (if
such certification is required for the alien to obtain status under such
section 203(b)) has been filed, if 365 days or more have elapsed since such
filing. The Secretary of Homeland Security shall extend the stay of an alien
who qualifies for an exemption under this subparagraph until such time as
a final decision is made on the alien's lawful permanent residence.'.
SEC. 205. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.
(a) Adjustment of Status-
(1) IN GENERAL- Section 245(a) of the Immigration and Nationality Act
(8 U.S.C. 1255(a)) is amended to read as follows:
`(1) IN GENERAL- The status of an alien who was inspected and admitted
or paroled into the United States or the status of any other alien having
an approved petition for classification under subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) of section 204(a)(1) may be adjusted by the Secretary
of Homeland Security or the Attorney General, in the discretion of the
Secretary or the Attorney General under such regulations as the Secretary
or Attorney General may prescribe, to that of an alien lawfully admitted
for permanent residence if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa and is admissible
to the United States for permanent residence; and
`(C) an immigrant visa is immediately available to the alien at the
time the application is filed.
`(2) SUPPLEMENTAL FEE- An application under paragraph (1) that is based
on a petition approved or approvable under subparagraph (E) or (F) of
section 204(a)(1) may be filed without regard to the limitation set forth
in paragraph (1)(C) if a supplemental fee of $500 is paid by the principal
alien at the time the application is filed. A supplemental fee may not
be required for any dependent alien accompanying or following to join
the principal alien.
`(3) VISA AVAILABILITY- An application for adjustment filed under this
paragraph may not be approved until such time as an immigrant visa become
available.'.
(b) Use of Fees- Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting
before the period at the end `and the fees collected under section 245(a)(2).'.
TITLE III--BUSINESS FACILITATION THROUGH IMMIGRATION REFORM
SEC. 301. STREAMLINING THE ADJUDICATION PROCESS FOR ESTABLISHED EMPLOYERS.
Section 214(c) of the Immigration and Nationality Act (8. U.S.C. 1184) is
amended by adding at the end the following new paragraph:
`(1) Not later than 180 days after the date of the enactment of the Securing
Knowledge, Innovation, and Leadership Act of 2006, the Secretary of Homeland
Security shall establish a pre-certification procedure for employers who
file multiple petitions described in this subsection or section 203(b).
Such precertification procedure shall enable an employer to avoid repeatedly
submitting documentation that is common to multiple petitions and establish
through a single filing criteria relating to the employer and the offered
employment opportunity.'.
SEC. 302. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED VISA PETITIONS.
(a) In General- Pursuant to section 286(u) of the Immigration and Nationality
Act (8 U.S.C. 1356(u)), the Secretary of Homeland Security shall establish
and collect a fee for premium processing of employment-based immigrant petitions.
(b) Appeals- Pursuant to such section 286(u), the Secretary of Homeland
Security shall establish and collect a fee for premium processing of an
administrative appeal of any decision on a permanent employment-based immigrant
petition.
SEC. 303. ELIMINATING PROCEDURAL DELAYS IN LABOR CERTIFICATION PROCESS.
(a) Prevailing Wage Rate-
(1) REQUIREMENT TO PROVIDE- The Secretary of Labor shall provide prevailing
wage determinations to employers seeking a labor certification for aliens
pursuant to part 656 of title 20, Code of Federal Regulation (or any successor
regulation). The Secretary may not delegate this function to any agency
of a State.
(2) SCHEDULE FOR DETERMINATION- Except as provided in paragraph (3), the
Secretary of Labor shall provide a response to an employer's request for
a prevailing wage determination in no more than 20 calendar days from
the date of receipt of such request. If the Secretary fails to reply during
such 20-day period, then the wage proposed by the employer shall be the
valid prevailing wage rate.
(3) USE OF SURVEYS- The Secretary of Labor shall accept an alternative
wage survey provided by the employer unless the Secretary determines that
the wage component of the Occupational Employment Statistics Survey is
more accurate for the occupation in the labor market area.
(b) Placement of Job Order- The Secretary of Labor shall maintain a website
with links to the official website of each workforce agency of a State,
and such official website shall contain instructions on the filing of a
job order in order to satisfy the job order requirements of section 656.17(e)(1)
of title 20, Code of Federal Regulation (or any successor regulation).
(c) Technical Corrections- The Secretary of Labor shall establish a process
by which employers seeking certification under section 212(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as amended by section
201(b), may make technical corrections to applications in order to avoid
requiring employers to conduct additional recruitment to correct an initial
technical error. A technical error shall include any error that would not
have a material effect on the validity of the employer's recruitment of
able, willing, and qualified United States workers.
(d) Administrative Appeals- Motions to reconsider, and administrative appeals
of, a denial of a permanent labor certification application, shall be decided
by the Secretary of Labor not later than 60 days after the date of the filing
of such motion or such appeal.
(e) Applications Under Previous System- Not later than 180 days after the
date of the enactment of this Act, the Secretary of Labor shall process
and issue decisions on all applications for permanent alien labor certification
that were filed prior to March 28, 2005.
(f) Effective Date- The provisions of this section shall take effect 90
days after the date of enactment of this Act, whether or not the Secretary
of Labor has amended the regulations at part 656 of title 20, Code of Federal
Regulation to implement such changes.
TITLE IV--MISCELLANEOUS
SEC. 401. COMPLETION OF BACKGROUND AND SECURITY CHECKS.
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended
by adding at the end the following new subsection:
`(i) Requirement for Background Checks- Notwithstanding any other provision
of law, until appropriate background and security checks, as determined
by the Secretary of Homeland Security, have been completed, and the information
provided to and assessed by the official with jurisdiction to grant or issue
the benefit or documentation, on an in camera basis as may be necessary
with respect to classified, law enforcement, or other information that cannot
be disclosed publicly, the Secretary of Homeland Security, the Attorney
General, or any court may not--
`(1) grant or order the grant of adjustment of status of an alien to that
of an alien lawfully admitted for permanent residence;
`(2) grant or order the grant of any other status, relief, protection
from removal, or other benefit under the immigration laws; or
`(3) issue any documentation evidencing or related to such grant by the
Secretary, the Attorney General, or any court.
`(j) Requirement to Resolve Fraud Allegations- Notwithstanding any other
provision of law, until any suspected or alleged fraud relating to the granting
of any status (including the granting of adjustment of status), relief,
protection from removal, or other benefit under this Act has been investigated
and resolved, the Secretary of Homeland Security and the Attorney General
may not be required to--
`(1) grant or order the grant of adjustment of status of an alien to that
of an alien lawfully admitted for permanent residence;
`(2) grant or order the grant of any other status, relief, protection
from removal, or other benefit under the immigration laws; or
`(3) issue any documentation evidencing or related to such grant by the
Secretary, the Attorney General, or any court.
`(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision
of law, no court may require any act described in subsection (i) or (j)
to be completed by a certain time or award any relief for the failure to
complete such acts.'.
SEC. 402. VISA REVALIDATION.
(a) In General- Section 222 of the Immigration and Nationality Act (8 U.S.C.
1202) is amended by adding at the end the following:
`(i) The Secretary of State shall permit an alien granted a nonimmigrant
visa under subparagraph E, H, I, L, O, or P of section 101(a)(15) to apply
for a renewal of such visa within the United States if--
`(1) such visa expired during the 12-month period ending on the date of
such application;
`(2) the alien is seeking a nonimmigrant visa under the same subparagraph
under which the alien had previously received a visa; and
`(3) the alien has complied with the immigration laws and regulations
of the United States.'.
(b) Conforming Amendment- Section 222(h) of such Act is amended, in the
matter preceding subparagraph (1), by inserting `and except as provided
under subsection (i),' after `Act'.
SEC. 403. SEVERABILITY.
If any provision of this Act, any amendment by this Act, or the application
of such provision or amendment to any person or circumstance is held to
be invalid for any reason, the remainder of this Act, the amendments made
by this Act, and the applications of such to any other person or circumstance
shall not be affected by such holding.
END
