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 thirdof all STEMS graduate students. The majority of these students return to their home country following graduation, citing better job 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 of foreign 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 UnitedStates, 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 of economic 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 America’s 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. Intel’s 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.

RESHMA SAUJANI FOR CONGRESS1

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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 residentstatus 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

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 jobprospects 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 of which have a high level of skill and education, contributing disproportionately to the most dynamic part of theU.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.

RESHMA SAUJANI FOR CONGRESS2

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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 needas 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 OFCERTAIN 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 if the 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 shallbe 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 of subsection (c) to have the conditional basis of such status be approved.‘(c) TIMELY APPLICATION- Aliens eligible for permanent resident status as providedby this Act who wish to claim such status shall file a petition for such designation