Immigration

Customs Enhanced Enforcement and Trade Facilitation Act of 2012

United States · United States Congress · 13 December 2012

Customs Enhanced Trade Facilitation and Enforcement Act of 2012 - Establishes U.S. Customs and Border Protection (CBP), in the Department of Homeland Security (DHS), as the U.S. Customs and Border Protection Agency (CBPA), headed by the Commissioner of U.S. Customs and Border Protection. Transfers specified functions, assets, liabilities, and duties of the U.S. Customs Service formally to the CBPA. Requires the President to separate budget requests for CBPA commercial operations and for the enforcement of U.S. customs and trade laws by the U.S. Immigration and Customs Enforcement (ICE). Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations to ICE for FY2013-FY2015. Directs the CBPA Commissioner and the Director of ICE to develop jointly and submit to Congress a Joint Strategic Plan for enforcing U.S. customs and trade laws and for facilitating U.S. international trade. Requires the DHS Secretary to consult with specified congressional committees before negotiating and before entering Mutual Recognition Arrangements or similar agreements between the United States and and a foreign government providing for mutual recognition of supply chain security programs and customs revenue functions. Directs the Secretary of the Treasury and the DHS Secretary to establish jointly a Commercial Customs Operations Advisory Committee. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend through FY2015 the requirement for deposit of customs user fees in the Customs Commercial and Homeland Security Automation Account. Increases the annual amount of such deposits. Specifies a certain amount of appropriations authorized through FY2015 to complete the development, establishment, and implementation of the Automated Commercial Environment computer system for the processing of entered or released merchandise and for other DHS purposes. Amends the Tariff Act of 1930 to require the Secretary of the Treasury to ensure that each agency participating in the International Trade Data System (ITDS) uses it to collect and distribute data and documentation for clearing or licensing the importation or exportation of cargo, and does not use any other system for such purposes. Requires the head of each federal agency that requires documentation for clearing or licensing the importation and exportation of cargo to develop the necessary information technology infrastructure to support the operation of the ITDS. Directs the DHS Secretary to establish within the Office of International Trade (OIT) a Commercial Targeting Division containing individual National Targeting and Analysis Groups set up for each of several specified priority trade issues. Amends the Trade Act of 2002 to repeal the prohibition against use by the Secretary of the Treasury of certain trade data for merchandise entry or commercial enforcement determinations. Authorizes the DHS Secretary to establish within OIT Centers of Excellence and Expertise to facilitate legitimate trade through increasing specific industry knowledge and uniformity of cargo clearance procedures. Requires the DHS Inspector General (IG) to report to Congress on CBPA oversight of revenue protection and enforcement measures. Requires the DHS Secretary and the Secretary of the Treasury to report jointly to Congress on CBPA efforts to ensure the secure transportation of merchandise in bond through the United States and the collection of revenue owed upon the entry of such merchandise into the United States for consumption. Directs the Comptroller General (GAO) to report to Congress on the effectiveness of CBPA trade enforcement activities. Directs the CBPA Commissioner to establish priorities and performance standards to measure the development and levels of achievement of specified CBPA modernization, trade facilitation, and trade enforcement functions and programs. Directs the CBPA Commissioner to establish educational seminars to improve the ability of CBPA personnel to classify and appraise articles imported into the United States in accordance with U.S. customs laws. Directs the DHS Secretary to establish an importer of record program to assign and maintain importer of record numbers. Requires the CBPA to maintain a centralized database of importer of record numbers, including a history of numbers associated with each importer. Directs the Secretary of the Treasury to prescribe minimum standards to require customs brokers to implement, and importers (including nonresident importers) to comply with, reasonable procedures for collecting information to identify U.S. and non-resident importers seeking to import merchandise into the United States. Directs the CBPA Commissioner to report to Congress recommendations for: (1) determining the most effective way to require foreign nationals to provide customs brokers with accurate information, comparable to that required of U.S. nationals, on the identity of foreign nationals seeking to import merchandise into the United States; and (2) establishing a system for such brokers and agencies to review information maintained by relevant federal agencies to verify the identity of importers, including nonresident importers, seeking to import merchandise into the United States. Requires the CBPA Commissioner to: (1) establish a new importer program that directs CBPA to adjust bond amounts for new importers based on the level of risk assessed by CBPA for protection of federal revenue, and (2) require a non-resident importer of record to designate a resident agent in the United States. Establishes an interagency committee composed of representatives of each covered federal agency to set up a certified importer program meeting specified requirements. Amends the Tariff Act of 1930 to authorize the Secretary of the Treasury, at the time merchandise is presented for examination, to give the owner of a copyright or a registered mark: (1) any information appearing on the merchandise or its retail packaging; (2) a sample, or digital image, of the merchandise and its retail packaging; or (3) any packing material accompanying a sample, if a sample is provided, that bears either a mark suspected of being a counterfeit mark of the registered mark, or a work suspected of infringing the copyright. Directs the DHS Secretary to establish within the CBPA Office of International Trade a Trade Remedy Law Enforcement Division (including a National Targeting and Analysis Group) to prevent and counter evasion of antidumping or countervailing duty orders with respect to covered merchandise entered into the United States. Directs the National Targeting and Analysis Group dedicated to preventing and countering evasion to establish targeted risk assessment methodologies and standards for: (1) evaluating the risk that cargo destined for the United States may constitute evading covered merchandise, and (2) issuing Trade Alerts to U.S. ports of entry directing further inspection of specific merchandise to ensure compliance with U.S. trade remedy laws. Requires the Group also to use information available from the Automated Targeting System, the Automated Entry System, the International Trade Data System, and the Treasury Enforcement Communications System to administer such methodologies and standards. Directs the Secretary of the Treasury to require a single entry bond, in addition to any continuous bond, in any case in which there is a reasonable belief, based on evidence, that merchandise which may be subject to a countervailing duty order or antidumping duty order is being entered into the United States by means of evasion. Prescribes procedures for investigating allegations of evasion and making preliminary and final determinations, as well as actions to be taken if final determinations are affirmative. Requires the CBPA Commissioner to exercise all authorities to collect information needed to make a determination on whether merchandise is entered into the United States through evasion. Directs the CBPA Commissioner to employ sufficient personnel who have expertise in and responsibility for preventing and investigating the entry of covered merchandise into the United States through evasion. Directs the Comptroller General to report to Congress an estimate of the amount of duties that could not be collected on covered merchandise that entered U.S. customs territory through evasion during FY2011-FY2012 because the Commissioner did not have the authority to reliquidate the entries of such merchandise. Amends the Tariff Act of 1930 to eliminate the option of an importer to post a bond or security in lieu of a cash deposit for each entry of merchandise exported into the United States by a new exporter (shipper) and producer that is the subject of a review by the administering authority as to whether antidumping or countervailing duties shall be imposed on such merchandise. Requires the weighted average dumping margin or individual countervailing duty rate determined for a new exporter (shipper) or producer of merchandise in a review by the administering authority as to whether antidumping or countervailing duties shall be imposed to be based solely on the bona fide U.S. sales made by the exporter or producer during the period of review. Amends the Tariff Act of 1930 authorizes imposition of a monetary penalty on, or revocation or suspension of a license or permit of, any customs broker convicted of committing or conspiring to commit an act of terrorism. Raises from $200 to $800 the general de minimus aggregate fair retail value in the country of shipment of duty-free articles imported by one person on one day. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to change from quarterly to monthly the periodic remittance of collected customs user fees to the Secretary of the Treasury. Subjects to an administrative penalty of double the amount of such fees for any failure to remit them. Prohibits any refund of collected fees from the Customs User Fee Account. Allows drawback (refund of paid customs duties) in a specified amount only if: (1) the manufacturer or producer of articles has received the imported, duty-paid merchandise or substitute merchandise, directly or indirectly; and (2) the exporter or destroyer of articles has received the manufactured or produced article or substitute article, directly or indirectly. Extends from three years to five years the period from the date of receipt by a manufacturer or producer of imported, duty-paid merchandise during which, for purposes of allowing a drawback of paid duties, the imported duty-paid merchandise and any other merchandise (whether imported or domestic) of the same kind and quality are used in the manufacture or production of articles. Requires any person claiming drawback to maintain, as proof of exportation, the record of exportation entered in the automated export system of the U.S. government or, if the exporter is unable to use that system, records kept in the normal course of business similar to the information contained in such record of exportation. Revises other specified drawback requirements. Amends the Harmonized Tariff Schedule of the United States with respect to duties on warranty repairs or alterations of articles exported from and then returned to the United States. Allows commingling of fungible goods exported from the United States for such purposes. Allows use of an inventory management method to account for the origin, value, and classification of such goods. Declares that, if a person chooses to use an inventory management method with respect to fungible goods, that person shall use the same inventory management method for any other goods with respect to which the person claims fungibility. Allows duty-free treatment for certain federal property returned to the United States. Authorizes appropriations for FY2013 for the salaries and expenses of the U.S. International Trade Commission (USITC) and of the Office of the United States Trade Representative (USTR). Authorizes appropriations to the USITC for necessary expenses for FY2014-FY2015. Expresses the sense of Congress that the Interagency Trade Enforcement Center has the potential to strengthen the monitoring and enforcement of U.S. rights under international trade agreements and the enforcement of domestic trade laws.

Customs Trade Facilitation and Enforcement Act of 2012

United States · United States Congress · 7 December 2012

Customs Trade Facilitation and Enforcement Act of 2012 - Establishes U.S. Customs and Border Protection (CBP), in the Department of Homeland Security (DHS), as the U.S. Customs and Border Protection Agency (CBPA), headed by the Commissioner of U.S. Customs and Border Protection. Transfers specified functions, assets, liabilities, and duties of the U.S. Customs Service formally to the CBPA. Establishes an interagency Customs Review Board. Requires the President to separate budget requests for CBPA commercial operations and for the enforcement of U.S. customs and trade laws by the U.S. Immigration and Customs Enforcement (ICE). Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations to ICE for FY2013-FY2015. Directs the CBPA Commissioner and the Director of ICE to develop jointly and submit to Congress a Joint Strategic Plan for enforcing U.S. customs and trade laws and for facilitating U.S. international trade. Requires the DHS Secretary to consult with specified congressional committees before negotiating and before entering Mutual Recognition Arrangements or similar agreements between the United States and and a foreign government providing for mutual recognition of supply chain security programs and customs revenue functions. Directs the Secretary of the Treasury and the DHS Secretary to establish jointly a Commercial Customs Operations Advisory Committee. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend through FY2015 the requirement for deposit of customs user fees in the Customs Commercial and Homeland Security Automation Account. Increases the annual amount of such deposits. Specifies a certain amount of appropriations authorized through FY2015 to complete the development, establishment, and implementation of the Automated Commercial Environment computer system for the processing of entered or released merchandise and for other DHS purposes. Amends the Tariff Act of 1930 to require the Secretary of the Treasury to ensure that each agency participating in the International Trade Data System (ITDS) uses it to collect and distribute data and documentation for clearing or licensing the importation or exportation of cargo, and does not use any other system for such purposes. Requires the head of each federal agency that requires documentation for clearing or licensing the importation and exportation of cargo to develop the necessary information technology infrastructure to support the operation of the ITDS. Directs the DHS Secretary to establish within the Office of International Trade (OIT) a Commercial Targeting Division containing individual National Targeting and Analysis Groups set up for each of several specified priority trade issues. Amends the Trade Act of 2002 to repeal the prohibition against use by the Secretary of the Treasury of certain trade data for merchandise entry or commercial enforcement determinations. Authorizes the DHS Secretary to establish within OIT Centers of Excellence and Expertise to facilitate legitimate trade through increasing specific industry knowledge and uniformity of cargo clearance procedures. Requires the DHS Inspector General (IG) to report to Congress on CBPA oversight of revenue protection and enforcement measures. Requires the DHS Secretary and the Secretary of the Treasury to report jointly to Congress on CBPA efforts to ensure the secure transportation of merchandise in bond through the United States and the collection of revenue owed upon the entry of such merchandise into the United States for consumption. Directs the Comptroller General (GAO) to report to Congress on the effectiveness of CBPA trade enforcement activities. Directs the CBPA Commissioner to establish priorities and performance standards to measure the development and levels of achievement of specified CBPA modernization, trade facilitation, and trade enforcement functions and programs. Directs the CBPA Commissioner to establish educational seminars to improve the ability of CBPA personnel to classify and appraise articles imported into the United States in accordance with U.S. customs laws. Directs the DHS Secretary to establish an importer of record program to assign and maintain importer of record numbers. Requires the CBPA to maintain a centralized database of importer of record numbers, including a history of numbers associated with each importer. Directs the Secretary of the Treasury to prescribe minimum standards to require customs brokers to implement, and importers (including nonresident importers) to comply with, reasonable procedures for collecting information to identify U.S. and non-resident importers seeking to import merchandise into the United States. Directs the CBPA Commissioner to report to Congress recommendations for: (1) determining the most effective way to require foreign nationals to provide customs brokers with accurate information, comparable to that required of U.S. nationals, on the identity of foreign nationals seeking to import merchandise into the United States; and (2) establishing a system for such brokers and agencies to review information maintained by relevant federal agencies to verify the identity of importers, including nonresident importers, seeking to import merchandise into the United States. Requires the CBPA Commissioner to: (1) establish a new importer program that directs CBPA to adjust bond amounts for new importers based on the level of risk assessed by CBPA for protection of federal revenue, and (2) require a non-resident importer of record to designate a resident agent in the United States. Establishes an interagency committee composed of representatives of each covered federal agency to set up a certified importer program meeting specified requirements. Amends the Tariff Act of 1930 to authorize the Secretary of the Treasury, at the time merchandise is presented for examination, to give the owner of a copyright or a registered mark: (1) any information appearing on the merchandise or its retail packaging; (2) a sample, or digital image, of the merchandise and its retail packaging; or (3) any packing material accompanying a sample, if a sample is provided, that bears either a mark suspected of being a counterfeit mark of the registered mark, or a work suspected of infringing the copyright. Preventing Recurring Trade Evasion and Circumvention Act or PROTECT Act - Directs the DHS Secretary to establish within the CBPA Office of International Trade a Trade Remedy Law Enforcement Division (including a National Targeting and Analysis Group) to prevent and counter evasion of antidumping or countervailing duty orders with respect to covered merchandise entered into the United States. Directs the National Targeting and Analysis Group dedicated to preventing and countering evasion to establish targeted risk assessment methodologies and standards for: (1) evaluating the risk that cargo destined for the United States may constitute evading covered merchandise, and (2) issuing Trade Alerts to U.S. ports of entry directing further inspection of specific merchandise to ensure compliance with U.S. trade remedy laws. Requires the Group also to use information available from the Automated Targeting System, the Automated Entry System, the International Trade Data System, and the Treasury Enforcement Communications System to administer such methodologies and standards. Requires the DHS Secretary, acting through the CBPA Commissioner, to exercise all authorities to collect information needed to determine whether merchandise is entered into the United States through evasion. Amends the Tariff Act of 1930 to permit access to proprietary information submitted to the administering authority or the U.S. International Trade Commission (ITC) to a CBPA officer or employee who is conducting an investigation regarding negligence or gross negligence with respect to covered merchandise entered into the United States. Directs the Secretary of the Treasury to negotiate and enter into bilateral agreements with customs authorities of foreign countries to prevent evasion of U.S. and foreign trade remedy laws. Directs the CBPA Commissioner to employ sufficient personnel who have expertise in and responsibility for preventing and investigating the entry of covered merchandise into the United States through evasion. Amends the Tariff Act of 1930 to eliminate the option of an importer to post a bond or security in lieu of a cash deposit for each entry of merchandise exported into the United States by a new exporter (shipper) and producer that is the subject of a review by the administering authority as to whether antidumping or countervailing duties shall be imposed on such merchandise. Requires the weighted average dumping margin or individual countervailing duty rate determined for a new exporter (shipper) or producer of merchandise in a review by the administering authority as to whether antidumping or countervailing duties shall be imposed to be based solely on the bona fide U.S. sales made by the exporter or producer during the period of review. Amends the Tariff Act of 1930 authorizes imposition of a monetary penalty on, or revocation or suspension of a license or permit of, any customs broker convicted of committing or conspiring to commit an act of terrorism. Raises from $200 to $800 the general de minimus aggregate fair retail value in the country of shipment of duty-free articles imported by one person on one day. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to change from quarterly to monthly the periodic remittance of collected customs user fees to the Secretary of the Treasury. Subjects to an administrative penalty of double the amount of such fees for any failure to remit them. Prohibits any refund of collected fees from the Customs User Fee Account. Allows drawback (refund of paid customs duties) in a specified amount only if: (1) the manufacturer or producer of articles has received the imported, duty-paid merchandise or substitute merchandise, directly or indirectly; and (2) the exporter or destroyer of articles has received the manufactured or produced article or substitute article, directly or indirectly. Extends from 3 years to 5 years the period from the date of receipt by a manufacturer or producer of imported, duty-paid merchandise during which, for purposes of allowing a drawback of paid duties, the imported duty-paid merchandise and any other merchandise (whether imported or domestic) of the same kind and quality are used in the manufacture or production of articles. Requires any person claiming drawback to maintain, as proof of exportation, the record of exportation entered in the automated export system of the U.S. government or, if the exporter is unable to use that system, records kept in the normal course of business similar to the information contained in such record of exportation. Revises other specified drawback requirements. Amends the Harmonized Tariff Schedule of the United States with respect to duties on warranty repairs or alterations of articles exported from and then returned to the United States. Allows commingling of fungible goods exported from the United States for such purposes. Allows use of an inventory management method to account for the origin, value, and classification of such goods. Declares that, if a person chooses to use an inventory management method with respect to fungible goods, that person shall use the same inventory management method for any other goods with respect to which the person claims fungibility. Allows duty-free treatment for certain federal property returned to the United States. Authorizes appropriations for FY2013 for the salaries and expenses of the ITC and of the Office of the United States Trade Representative (USTR). Authorizes appropriations to the ITC for necessary expenses for FY2014-FY2015. Requires the President's annual report to Congress on the trade agreements program and the national trade policy agenda to address the operation of all USTR-led interagency programs during the preceding year and for the year in which the report is submitted as well as pertinent additional matters. Directs the USTR to develop annual and quadrennial resource management and staffing plans.

A bill to amend section 1059(e) of the National Defense Authorization Act for Fiscal Year 2006 to clarify that a period of employment abroad by the Chief of Mission or United States Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity is to be counted as a period of residence and physical presence in the United States for purposes of qualifying for naturalization, and for other purposes.

United States · United States Congress · 28 November 2012

Amends the National Defense Authorization Act for Fiscal Year 2006 to consider a period of time working abroad for the Chief of Mission or U.S. Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity as a period of U.S. residence and physical presence for naturalization purposes if at least a portion of such period was spent working directly in such capacity for the Chief of Mission or U.S. Armed Forces.

Providing for consideration of the bill (H.R. 6429) to amend the Immigration and Nationality Act to promote innovation, investment, and research in the United States, to eliminate the diversity immigrant program, and for other purposes; and providing for consideration of motions to suspend the rules.

United States · United States Congress · 28 November 2012

Sets forth the rule for consideration of the bill (H.R. 6429) to amend the Immigration and Nationality Act to promote innovation, investment, and research in the United States, to eliminate the diversity immigrant program, and for other purposes; and providing for consideration of motions to suspend the rules.

ACHIEVE Act

United States · United States Congress · 27 November 2012

Assisting Children and Helping them Improve their Educational Value for Employment Act or the ACHIEVE Act - Amends the Immigration and Nationality Act to establish a nonimmigrant W-1 visa for an alien whose status in the United States is on a conditional basis and who: was younger than 14 years old upon entering the United States; has maintained a continuous physical presence in the United States during the five-year period immediately preceding the date of the enactment of this Act; initially entered the United States on a date that was prior to the date that was five years prior to the date of the enactment of the this Act; has been a person of good moral character; is not inadmissible or deportable under specified grounds; has not been convicted of a felony, a crime of moral turpitude, or a misdemeanor under federal or state law punishable by imprisonment for more than 30 days; has not ordered or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; has earned a U.S. high school diploma or obtained a U.S. general education development certificate and is enlisted, or is intending to enlist in the Armed Forces, is admitted as a student to a U.S. institution of higher education, has earned a bachelor's degree or an associate's degree from an institution of higher education, or has served for at least four years in the Armed Forces; has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless he or she remained in the United States under the color of law after the order was issued, or received the order before reaching age 16; and was younger than 29 years old on the date of the enactment of the this Act, or in the case of an alien who had earned a bachelor's degree or an associate's degree prior to such date of enactment from an institution of higher education, was younger than 32 years of age on such date of enactment; Establishes a nonimmigrant W-2 visa for an alien whose status in the United States is on a conditional basis and who: was in W-1 status for at least six years, has not violated any of the requirements of such status, has not become a public charge, and has not abandoned his or her U.S. residence; before or during such period of conditional nonimmigrant status obtained a bachelor's degree from an institution of higher education and, if such degree was obtained before the alien was granted such status, was employed in the United States for at least four years, served at least four years in the Armed Forces, or obtained an associate's degree from an institution of higher education, or a substantially equivalent degree from an accredited technical or vocational school, and was employed in the United States for at least 30 months; and has an offer of employment in the United States, is employed in the United States, or is pursuing a graduate degree at an institution of higher education. Establishes a nonimmigrant W-3 visa for an alien who: was in W-1 status for at least six years and in W-2 status for at least four years, and during both such periods was in compliance with all status requirements, did not become a public charge, and did not abandon his or her U.S. residence; and while in W-2 status was employed in the United States for a period of 36 months, or was enrolled in a graduate degree program at an institution of higher education or obtained a graduate degree from an institution of higher education. Sets forth provisions regarding the admission and cancellation of removal of W-visa nonimmigrants. States that: W-1 status shall be valid for six years and may not renewed or extended, W-2 status shall be valid for four years; and W-3 status shall be valid for five years and may renewed for an unlimited number of four-year periods. Amends the federal criminal code to provide that any person who files a fraudulent application, or makes or uses any related false writing or document, for any benefit under the this Act shall be: fined or imprisoned for up to five years, or both; placed into the immigration status that the person had before his or her initial W-visa application; and subject to immediate removal proceedings. Makes W-visa nonimmigrants eligible for Armed Forces enlistment.

Korean Immigration Commemorative Coin Act

United States · United States Congress · 12 October 2012

Korean Immigration Commemorative Coin Act - Directs the Secretary of the Treasury, during the one-year period beginning January 1, 2018, to mint and issue $5 gold coins and $1 silver coins emblematic of the immigration of Koreans into the United States and their significant contributions of Korean Americans to this nation. Requires all surcharges received from coin sales to be promptly paid by the Secretary to the Council on 100th Year Korean Immigration Commemorative Coin Act in order to provide academic scholarships.

Global Investments in America's Cities Act

United States · United States Congress · 21 September 2012

Global Investments in America's Cities Act - Amends the Immigration and Nationality Act to set aside at least 3,000 employment creation immigrant visas each fiscal year for qualified immigrants seeking to invest in a new commercial enterprise which will create employment in an economically distressed urban area and with respect to which such alien: (1) has invested at least $250,000; (2) has completed an investment agreement with a qualified venture capital operating company for an investment of at least $250,000; or (3) has completed an investment agreement with one or more angel investors for an investment of at least $250,000. Requires petitions for such immigrant visas to be decided within 60 days. Directs the Government Accountability Office (GAO) to report to Congress on the EB-5 visa program.

Voter Integrity Protection Act

United States · United States Congress · 20 September 2012

Voter Integrity Protection Act - Amends the Immigration and Nationality Act to make voting in a federal election (unless otherwise provided for under the federal criminal code) by an alien who is unlawfully in the United States an aggravated felony and a deportable offense.

Preventing Access to Driver's Licenses for Illegal Immigrants Act

United States · United States Congress · 20 September 2012

Preventing Access to Driver's Licenses for Illegal Immigrants Act - Requires a state to return any unobligated Community Oriented Policing Services Program (COPS) funds within 30 days after issuing a driver's license to any alien granted deferred action pursuant to the Memorandum dated June 15, 2012, from the Secretary of Homeland Security (DHS) regarding "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children." Declares that state ineligible to receive any COPS funding until it has in effect laws and policies that prohibit the issuance of a license to such an alien.

Strengthening Refugee Resettlement Act

United States · United States Congress · 20 September 2012

Strengthening Refugee Resettlement Act - Directs the Secretary of Homeland Security (DHS) to work with the heads of other relevant federal agencies to conduct a review of refugee processing with the goal of streamlining processing, consistent with maintaining security. Directs the Secretary of State (Secretary) to establish overseas refugee English language and work orientation training programs prior to the departure for the United States of refugees who have been approved for U.S. admission. Permits: (1) refugees (and their spouses and children) to be admitted to the United States as lawful permanent residents, and (2) asylum seekers (and their spouses and children) to be granted lawful permanent residency. Directs the Secretary when setting the amount of reception and placement grants to: (1) adjust the grant amount to account for anticipated initial refugee resettlement needs, and (2) ensure that funding is provided to national resettlement agencies at the beginning of the fiscal year. Expresses the sense of the Congress that the President should appoint a White House Coordinator on Refugee Protection. Requires the Director of the Office of Refugee Resettlement (Director) to make grants to national resettlement agencies to operate a case management system to assist individuals access eligible services, benefits, and assistance provided by the Office, federal, state, or local agencies, and private or nonprofit organizations. Requires the Office, subject to available appropriations, to provide refugees with a minimum of 12 months' assistance and social services for employment, health, and living expenses. Authorizes the Director to award grants to community-based organizations, nonprofit organizations, and resettlement agencies for programs to assist newcomers integrate into U.S. civic life. Expands eligibility for, and participation in, the refugee matching grant program (federal-private refugee assistance). Establishes a Domestic Emergency Refugee Resettlement Fund to meet unanticipated refugee resettlement needs. Makes SSI (supplemental security income) benefits available to qualified aliens, U-visa aliens (victim of criminal activity), or certain T-visa aliens (victims of trafficking in persons) who were ineligible for such benefits because of their failure to acquire citizenship within seven years. Makes a child who has been granted special immigrant status as a victim of criminal activity (U-visa) eligible for specified refugee benefits.

BRAINS Act

United States · United States Congress · 19 September 2012

Benefits to Research and American Innovation through Nationality Statutes Act of 2012 or the BRAINS Act - Amends the Immigration and Nationality Act to make up to 55,000 visas available to qualified immigrants who: (1) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics (STEM degree) from a qualifying U.S. research institution of higher education; (2) earned a graduate degree by taking no greater than 25% of classes by correspondence (including courses offered by telecommunications) and by taking all classes while physically present in the United States; (3) have an employment offer from a U.S. employer in a field related to such degree; (4) are the subject of an approved labor certification; and (5) will receive a wage for such employment that is at least the actual wage paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. Makes unused STEM visas available for other employment-based visa categories. Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, (2) such agency to post the position on its website for at least 30 days, and (3) employers to demonstrate that the total amount of compensation to be paid to a foreign STEM graduate meets or exceeds the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification. Requires the Department of Homeland Security (DHS) to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations. Repeals such STEM and related provisions two years after enactment of this Act. Eliminates the foreign residency requirement for certain foreign students. Authorizes temporary workers (E, H, I, L O, or P visas) who have not violated their status to renew their same category visa from within the United States. States that a determination of whether an alien is a child for purposes of: (1) a petition for immigrant status or a petition for adjustment of refugee status to immigrant status shall be made using the alien's age on the date on which the petition is filed with DHS, and (2) a petition for nonimmigrant admission or an application for adjustment of status from nonimmigrant to conditional (fiance) immigrant shall be made using the alien's age on the date on which the petition is filed with DHS to classify such alien's parent as the fiance of a U.S. citizen. States that the permanent priority date for an immigrant visa petition shall be the date on which the petition is filed with DHS (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. States that an alien who is the beneficiary of any petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed petition of which the alien is a beneficiary. Increases the number of immigrant visas available to the spouses of aliens lawfully admitted for permanent residence in each fiscal year by the number of aliens who were lawfully admitted for permanent residence who were removed from the United States in the preceding fiscal year.

STEM Jobs Act of 2012

United States · United States Congress · 18 September 2012

STEM Jobs Act of 2012 - Amends the Immigration and Nationality Act to make up to 55,000 visas available to qualified immigrants who: (1) have a doctorate degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. university; (2) agree to work for at least five years for the petitioning employer or in the United States in a STEM field upon being lawfully admitted for permanent residence; and (3) have taken all doctoral courses in a STEM field, including all correspondence courses, while physically present in the United States. Makes any such unused visas available to aliens who: (1) hold a master's degree in a STEM field from a U.S. university; (2) agree to work for a total of at least five years for the petitioning employer or in the United States in a STEM field upon being lawfully admitted for permanent residence; (3) have taken all master's degree courses in a STEM field, including all correspondence courses, while physically present in the United States; and (4) hold a baccalaureate degree in a STEM field or in the biological and biomedical sciences. Prohibits the Secretary of Homeland Security (DHS) (Secretary) from approving an employer petition on behalf of either of the above class of aliens unless the Secretary receives a determination by the Secretary of Labor that there are not sufficient American workers available for the job. Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, and (2) such agency to post the position on its website for at least 30 days. Requires DHS to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations. Eliminates the diversity immigrant program. States that: (1) the permanent priority date for any employment-based petition shall be the date on which the petition is filed, unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date; and (2) an alien who is the beneficiary of an employment-based petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed employment-based petition. Revises student visa provisions.

Attracting the Best and Brightest Act of 2012

United States · United States Congress · 14 September 2012

Attracting the Best and Brightest Act of 2012 - Amends the Immigration and Nationality Act to make up to 50,000 visas available to qualified immigrants who: (1) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics (STEM degree) from a qualifying U.S. research institution of higher education; (2) have an employment offer from a U.S. employer in a field related to such degree; (3) are the subject of an approved labor certification; and (4) will receive a wage for such employment that is at least the actual wage paid by the employer to all other individuals with similar experience and qualifications. Makes unused STEM visas available for other employment-based visa categories. Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, (2) such agency to post the position on its website for at least 30 days, and (3) employers to demonstrate that the total amount of compensation to be paid to a foreign STEM graduate meets or exceeds the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification. Requires the Department of Homeland Security (DHS) to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations. Repeals such STEM and related provisions two years after enactment of this Act. Eliminates the foreign residency requirement for certain foreign students. States that a determination of whether an alien is a child for purposes of: (1) a petition for immigrant status or a petition for adjustment of refugee status to immigrant status shall be made using the alien's age on the date on which the petition is filed with DHS, and (2) a petition for nonimmigrant admission or an application for adjustment of status from nonimmigrant to conditional (fiance) immigrant shall be made using the alien's age on the date on which the petition is filed with DHS to classify such alien's parent as the fiance of a U.S. citizen. States that the permanent priority date for any family- or employment-based petition shall be the date on which the petition is filed with DHS (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. States that an alien who is the beneficiary of a family- or employment-based petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed family- or employment-based petition.

Family Farm Relief Act of 2012

United States · United States Congress · 11 September 2012

Family Farm Relief Act of 2012 - Directs the Secretary of Agriculture (USDA) to establish a process for receiving H-2A nonimmigrant visas (temporary agricultural workers) which shall ensure that that petitioners may file such petitions over the Internet or in paper form. (Transfers administration of the H-2A program from the Department of Labor to USDA.) Includes dairy workers in the H-2A category with a maximum 12-month period of admissions which may be renewed three months after the end of each such period. Revises H-2A certification provisions.

Building a Stronger America Act of 2012

United States · United States Congress · 1 August 2012

Building a Stronger America Act of 2012 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Labor (Secretary) to award renewable three-year competitive industry or sector partnership grants to eligible entities to develop strategies that: (1) encourage growth and competitiveness through work with employers within a targeted industry cluster; (2) help workers move toward economic self-sufficiency and ensure that they have access to supportive services; (3) address the needs of firms with limited human resources or in-house training capacity, including small- and medium-sized firms; and (4) coordinate with entities that carry out state and local workforce investment, economic development, and education activities. Directs the Secretary to establish the Innovation in Investment pilot program to make competitive grants to eligible consortia in certain states with relatively high poverty rates to establish state Innovation in Investment pilot programs to provide training and educational assistance to unemployed individuals, or postsecondary students not seeking a baccalaureate degree, that lead to a degree or industry or professional certification or licensure and eventually to employment. Amends the National Apprenticeship Act to direct the Secretary, acting through the Administrator of the Office of Apprenticeship of the Department of Labor, to: (1) increase public awareness of the national apprenticeship system through the dissemination of certain apprenticeship information, and (2) establish a pilot program to expand such system. Directs the Secretary of Commerce to establish a program to award federal grants to states recruiting high-value jobs, that is, those within an eligible facility that contribute to the value of a manufactured product, pay wages higher than the mean hourly U.S. wage, and have North American Industrial Classifications corresponding with: (1) manufacturing, (2) software publishers, (3) computer systems design, or (4) related codes. Allows states to use such grants to issue forgivable loans of $5,000 per full-time equivalent employee to eligible entities deciding whether to locate in a foreign country or the United States to assist them in locating in rural or distressed areas of the state. Directs the Secretary of Commerce to ensure that industry-approved certification assessments and standards are established and available to providers of education and training programs in manufacturing and information technology in order to: (1) improve program performance; and (2) ensure that individuals who complete training have the skills to enter high-skill, high-demand occupations in manufacturing and information technology. Amends the Tariff Act of 1930 to require the Commissioner responsible for U.S. Customs and Border Protection (CBP) to initiate, upon petition or a referral from another federal agency, an investigation into claims of evasion of antidumping or countervailing duties (including any cash deposits or other security) with respect to covered merchandise entered into the United States. Prescribes actions for the Commissioner to take in the case of an affirmative preliminary or final determination. Requires the administering authority to apply the highest applicable cash deposit or antidumping or countervailing duty in cases where the producer or exporter of covered merchandise is unknown. Applies the amendments made by this Act to goods from Canada and Mexico. Requires the Commissioner to ensure that CBP employs and assigns sufficient personnel to prevent the entry of covered merchandise in a manner that evades antidumping and countervailing duty orders or findings. Requires the Secretary of Homeland Security (DHS), the Commissioner, and the Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) to assess and properly allocate the resources of CBP and ICE to improve efforts to investigate and combat evasion. Directs the Comptroller General to report on: (1) efforts to prevent the entry of certain merchandise into the U.S. customs territory through evasion, and (2) the estimated amount of duties that could not be collected on certain merchandise that entered U.S. customs territory through evasion during FY2010-FY2011 because the Commissioner did not have the authority to reliquidate the entries of such merchandise. Amends the Foreign Direct Investment and International Financial Data Improvements Act of 1990 to direct the Secretary of Commerce to conduct an interagency review of U.S. laws and policies on foreign direct investment in the United States and develop recommendations to make the United States more competitive in attracting and retaining strong investment flows from abroad. Amends the Export Enhancement Act of 1988 to revise the duties of the Trade Promotion Coordinating Committee (TPCC). Requires the TPCC to: (1) identify opportunities to consolidate or co-locate offices of federal agencies involved in export promotion and export financing activities; (2) assess the use and coordination of electronic databases among federal agencies in support of such activities; (3) review the proposed trade promotion fiscal year budget of each federal agency with responsibility for export promotion or export financing activities before it is submitted to the Office of Management and Budget (OMB) and the President; and (4) make available, on federal agency websites, including Export.gov, a detailed listing of current and future federal and state-led trade missions, trade fairs, and related export promotion and export financing activities to ensure better delivery of services to U.S. businesses. Requires the governmentwide strategic plan to: (1) identify countries with which the United States could negotiate trade agreements to increase U.S. exports, (2) identify areas in which the TPCC can maximize existing partnerships with agencies by granting the TPCC the ability to partner with other agency partners without requiring an additional memorandum of understanding, (3) review and propose means to improve educational outreach to small- and medium-sized businesses with respect to the resources available through the TPCC and its member agencies, and (4) clearly describe the role of each TPCC member agency and its responsibility for export promotion and export financing. Requires the TPCC to coordinate with TPCC member agencies to publish export promotion and export financing information on the Export.gov website as a single window for export information. Requires the Secretary of Commerce to: (1) conduct at least once every five years a global assessment of overseas markets to identify the countries to which the United States could increase U.S. exports, and (2) redeploy U.S. and Foreign Commercial Service personnel and other resources on the basis of that assessment. Amends the Foreign Service Act of 1980 to require each chief of mission to a foreign country to develop a plan for effective diplomacy to remove or reduce obstacles to exports of U.S. goods and services. Directs the U.S. International Trade Commission to: (1) report biennially to Congress and the President on distortive or discriminatory economic policies of foreign countries, and (2) assess the effects of such policies and practices on U.S. businesses and workers over the next ten years.

To amend section 1059(e) of the National Defense Authorization Act for Fiscal Year 2006 to clarify that a period of employment abroad by the Chief of Mission or United States Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity is to be counted as a period of residence and physical presence in the United States for purposes of qualifying for naturalization, and for other purposes.

United States · United States Congress · 26 July 2012

Amends the National Defense Authorization Act for Fiscal Year 2006 to consider a period of time working abroad for the Chief of Mission or U.S. Armed Forces as a translator, interpreter, or in an executive level security position as a period of U.S. residence and physical presence for naturalization purposes if at least a portion of such period was spent working directly in such capacity for the Chief of Mission or U.S. Armed Forces in Iraq or Afghanistan.

American Investment and Job Creation Act of 2012

United States · United States Congress · 26 July 2012

American Investment and Job Creation Act of 2012 - Amends the Immigration and Nationality Act to provide an (employment-based) immigrant visa for an alien entrepreneur who has engaged in a new commercial enterprise in the United States that has benefitted the U.S. economy and: (1) has, during the period beginning four years prior to the filing of a preference classification petition for such alien, created full-time employment for at least five U.S. workers, or in the case of an enterprise in a Distressed Area Development Zone, for at least three U.S. workers; and (2) the enterprise has received enough investment or revenue during this period to support such employment creation requirements.

Religious Workers Visa Act

United States · United States Congress · 25 July 2012

Religious Workers Visa Act - Amends the Immigration and Nationality Act to extend, through September 30, 2017, the special immigrant religious professionals program for certain immigrants seeking to enter the United States to work for a bona fide nonprofit, religious organization in the United States (at the request of the organization) in a professional capacity in a religious vocation or occupation.

AFTERMATH OF FRAUD BY IMMIGRATION ATTORNEYS

United States · United States House of Representatives · 24 July 2012

Help Separated Families Act of 2012

United States · United States Congress · 13 July 2012

Help Separated Families Act of 2012 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: (1) require state child protection standards to ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child; and (2) require the state procedures for criminal records checks to require the state to accept foreign identification documents as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check. Expresses the sense of Congress that the child welfare agency of a state, or of any county or other political subdivision of a state, should grant a waiver of any requirement which would prevent the placement of a child with a relative of the child, on the basis of a minor legal infraction, if the relative would otherwise be considered eligible for such a placement. Requires the state plan for foster care and adoption assistance to notify relatives seeking placement of a child that their immigration status will not be questioned, except to the extent necessary in determining eligibility for relevant services or programs. Prohibits a state or local government agency from filing for termination of parental rights in foster care cases based on the removal of the parent from the United States or the parent's involvement in an immigration proceeding, unless: (1) the state (or local agency) has made reasonable efforts to notify of the intention to file such a petition any parent of the child who has been removed from the United States, and any adult relative of the child, including through the diplomatic or consular offices of the country to which the parent was removed, and to reunify the child with any such parent or relative; or (2) the parent is unfit or unwilling to be a parent of the child.

Employee Verification Act

United States · United States Congress · 12 July 2012

Employee Verification Act - Amends the the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require federal contractors and subcontractors to participate in the E-Verify Program. Exempts specified federal procurement contracts from E-Verify coverage. Directs the Secretary of Homeland Security (DHS) to ensure that E-Verify is applied to: (1) all persons hired during the term of the grant, loan, loan guarantee, or cooperative agreement by the recipient of the federal benefit to perform employment duties within the United States; and (2) all employees assigned by the recipient of the federal benefit to perform work within the United States under the project or activity funded by the grant, loan, loan guarantee, or cooperative agreement. Makes E-Verify permanent.

Protecting Department of Homeland Security Personnel Act

United States · United States Congress · 29 June 2012

Protecting Department of Homeland Security Personnel Act - Prohibits any adverse personnel action, including termination, against any employee of the U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or the U.S. Citizenship and Immigration Services of the Department of Homeland Security (DHS) who refuses to carry out a provision of the DHS memorandum issued on June 15, 2012, regarding the exercise of prosecutorial discretion with respect to individuals who came to the United States as children.

To require the Comptroller General of the United States to conduct a study to determine the impact on the United States of the policy announced by the Secretary of Homeland Security on June 15, 2012, concerning the exercise of prosecutorial discretion with respect to individuals who came to the United States illegally as children, and for other purposes.

United States · United States Congress · 29 June 2012

Directs the Comptroller General of the United States to conduct a study to determine the impact on the United States of the policy set forth in the memorandum dated June 15, 2012, from the Secretary of Homeland Security regarding exercising prosecutorial discretion with respect to individuals who came to the United States illegally as children. Requires the study to examine the impact on: (1) national security, including how much implementing this policy will cost the Department of Homeland Security (DHS) in terms of manpower and other costs; (2) fraud, including how impacted federal agencies will address an increase in fraudulent documents; (3) U.S. workers, including the effectiveness of programs under the Social Security Act (such as Medicare), the national unemployment rate and unemployment compensation, and the implementation of the Patient Protection and Affordable Care Act; and (4) the U.S. economy, including federal Pell grants, the supplemental nutrition assistance program, college admissions and scholarships, and federal work-study programs. Directs the Secretary to refrain from implementing such policy until after the Comptroller General has reported to Congress on the results of such study.

Expressing the sense of the House of Representatives regarding the classification of Dr. Shakil Afridi as a refugee of special humanitarian concern to the United States.

United States · United States Congress · 29 June 2012

Calls on President Obama to classify Dr. Shakil Afridi as a refugee of special humanitarian concern to the United States and seek to resettle him in the United States. (Dr. Afridi provided very helpful intelligence with regards to locating Osama Bin Ladin in Abbottabad, Pakistan, and is now in prison in Pakistan)

FAST Act of 2012

United States · United States Congress · 28 June 2012

Facilitating Access of Services and Trade Act of 2012 or FAST Act of 2012 - Authorizes the Commissioner of the U.S. Customs and Border Protection (CBP), upon request of any person, to enter into reimbursable fee agreements with that person to defray CBP costs for providing customs and immigration services for a 10-year period.

To prohibit the use of funds for the rule entitled "Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives" published by the Department of Homeland Security on April 2, 2012 (77 Fed. Reg. 19902).

United States · United States Congress · 28 June 2012

Prohibits federal funds from being used to promulgate, finalize, implement, administer, or enforce the Department of Homeland Security (DHS) rule "Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives" or any successor or substantially similar rule.

Mandatory Operational Control Reporting and Performance Measures Act of 2012

United States · United States Congress · 26 June 2012

Mandatory Operational Control Reporting and Performance Measures Act of 2012 - Directs the Secretary of Homeland Security (DHS), as part of DHS's annual performance report, to submit annual reports to Congress on: (1) the number of miles of the international land and maritime border between the United States and Canada and the United States and Mexico that are under operational DHS control, cumulatively and by sector; and (2) the estimated number of individuals who unlawfully enter the United States annually, the estimated number of individuals unlawfully present in the United States as of the date of each such report, and the number of individuals unlawfully present in the United States who voluntarily exited the United States in the preceding year.

Indonesian Family Refugee Protection Act

United States · United States Congress · 25 June 2012

Indonesian Family Refugee Protection Act - Authorizes a qualifying Indonesian citizen whose asylum claim was denied solely upon a failure to meet the one-year application filing deadline to file a motion to reopen such claim. Requires that such motion be filed during the two-year period beginning on the date of enactment of this Act.

Equal Protection for American Workers Act

United States · United States Congress · 21 June 2012

Equal Protection for American Workers Act - Prohibits the Secretary of Homeland Security (DHS) from granting a work authorization to an alien who has been determined, in a valid immigration proceeding during which due process was afforded, to have been at any time unlawfully present in the United States.

VERIFI Act of 2012

United States · United States Congress · 21 June 2012

Validating Entitlement Recipients through Indicated Federal Immigration Status Act of 2012 or the VERIFI Act of 2012 - Prohibits a person from receiving a federal public benefit unless such person is in "satisfactory immigration status" in accordance with the Systematic Alien Verification for Entitlements (SAVE) program.

Cross-Border Trade Enhancement Act of 2012

United States · United States Congress · 19 June 2012

Cross-Border Trade Enhancement Act of 2012 - Authorizes the Secretary of Homeland Security (DHS) to enter into agreements with persons for the U.S. Customs and Border Protection (CBP) to provide customs and immigration services at a land border port of entry, subject to payment of a fee to reimburse the CBP for providing such services. Directs the Administrator of General Services to establish procedures for evaluating proposals submitted by persons to: (1) enter into cost-sharing or reimbursement agreements with the General Services Administration (GSA) for the construction or maintenance of infrastructure at a land border port of entry, and (2) provide GSA an unconditional gift of property for use in the construction or maintenance of such infrastructure. Prescribes minimum requirements for such procedures.

STAND for Tourism Act

United States · United States Congress · 19 June 2012

Services to Allow New Destinations for Tourism Act or STAND for Tourism Act - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize the Commissioner of the U.S. Customs and Border Protection (CBP) of the Department of Homeland Security (DHS), upon request, to enter into agreements with persons for the CBP to provide additional customs and immigration services at Customs ports of entry. Requires such persons to pay a fee to reimburse CBP for such services.

To prohibit the Secretary of Homeland Security from granting deferred action or otherwise suspending the effectiveness or enforcement of the immigration laws.

United States · United States Congress · 18 June 2012

Prohibits the Secretary of Homeland Security (DHS) from granting deferred action or otherwise suspending the effectiveness or enforcement of the immigration laws.

Prohibiting Back-door Amnesty Act

United States · United States Congress · 18 June 2012

Prohibiting Back-door Amnesty Act - Disapproves and nullifies: (1) the June 17, 2011, memorandum from the Director of U.S. Immigration and Customs Enforcement (ICE) regarding the exercise of prosecutorial discretion consistent with ICE's civil immigration enforcement priorities for the apprehension, detention, and removal of aliens; (2) the June 15, 2012, memorandum from the Secretary of Homeland Security (DHS) regarding the exercise of prosecutorial discretion with respect to individuals who came to the United States as children; and (3) the draft directive developed by U.S. Customs and Border Protection (CBP) containing guidance on when to pursue enforcement actions and factors CBP personnel should consider when exercising discretion. Prohibits the President, the Secretary, or any DHS personnel from promulgating, implementing, administering, or enforcing any executive order, proposed or final rule, other provision of law, guidance, or policy that is the same as, or similar in effect to, any of such documents.

Comprehensive Contingency Contracting Reform Act of 2012

United States · United States Congress · 12 June 2012

Comprehensive Contingency Contracting Reform Act of 2012 - Requires the President, in making any request for financing an overseas contingency operation (OCO), to include in such request a specific statement of the requested funds and a specific proposal to finance the amount requested. Designates the Director of the Office of Management and Budget (OMB) as the principal advisor to the President on financial matters in connection with OCOs. Sets forth the responsibilities of specified Inspectors General for OCOs and requires the appointment of a designated lead Inspector General for any OCO that exceeds 30 days. Establishes a standing committee, chaired by the lead Inspector General, to improve oversight of OCOs. Expands the responsibilities of Chief Acquisition Officers in federal agencies to include oversight of contracts and contracting activities for OCOs. Includes contracts for support of OCOs in the management structure of the Department of Defense (DOD), the Department of State, and the U.S. Agency for International Development (USAID). Requires the designation of at least one suspension and debarment official for each federal agency. Expands the bases for the suspension of contractors from contracting with the federal government. Requires the Secretary of DOD to prescribe in regulations the chain of authority and responsibility for policy, planning, and execution of contract support for OCOs. Requires the Chairman of the Joint Chiefs of Staff to provide annual assessments of the capability of OCOs to support current and anticipated wartime missions and to recommend resources required to improve and enhance support and planning for such operational contract support. Establishes: (1) within the Department of State the Office of Acquisition and Logistics to oversee DOD acquisition, procurement, and logistics management activities; and (2) within USAID the Office of Acquisition and Assistance to direct, manage, and oversee USAID acquisition and procurement activities. Requires the Secretary of State to: (1) conduct a quadrennial diplomacy and development review of U.S. diplomatic and overseas development strategy, with a view toward determining such U.S. strategy for the next 20 years; and (2) develop and administer a course for Department of State personnel on acquisition for Department of State support and participation in OCOs. Limits periods for OCO contracts to three years for competitively bid contracts and one year for non-competitively bid contracts. Requires agency heads to perform a comprehensive risk assessment and develop a risk mitigation plan for operational and political risks associated with contractor performance of critical functions of an OCO. Requires the Administrator of Federal Procurement Policy to establish and maintain a database of prices of items and services charged the federal government under government contracts to assist federal acquisition officials in monitoring developments in such prices and conducting pricing or cost analyses. Requires contractors and related entities to consent to personal jurisdiction for civil actions on overseas contracts valued at more than $5 million. End Trafficking in Government Contracting Act of 2012 - Amends the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement involving grantees or contractors who engage in severe forms of trafficking in persons to include grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to repatriate such employee upon the end of employment, (3) solicit persons for employment under false pretenses, (4) charge recruited employees exorbitant placement fees, or (5) provide inhumane living conditions. Prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at $1 million or more if performance will predominantly be conducted overseas unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons. Requires a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities to request the agency's Inspector General to investigate allegations of trafficking and to take remedial actions, including the suspension of payments under the grant, contract, or cooperative agreement. Amends the federal criminal code to impose a fine and/or prison term of up to five years on any individual who knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States to work on a government contract performed on government facilities outside the United States by means of materially false or fraudulent pretenses, representations, or promises regarding such employment. Requires the Secretaries of DOD and State and the Administrator of USAID to complete an assessment on the necessity and sustainability of a capital project for an OCO in a host country before appropriated amounts for such project may be obligated. Allows the termination of capital projects in progress that become unsustainable.

Cross-Border Trade Enhancement Act of 2012

United States · United States Congress · 7 June 2012

Cross-Border Trade Enhancement Act of 2012 - Authorizes the Secretary of Homeland Security (DHS) to enter into agreements with persons for the U.S. Customs and Border Protection (CBP) to provide customs and immigration services at a land border port of entry, subject to payment of a fee to reimburse the CBP for providing such services. Directs the Administrator of General Services to establish procedures for evaluating proposals submitted by persons to: (1) enter into cost-sharing or reimbursement agreements with the General Services Administration (GSA) for the construction or maintenance of infrastructure at a land border port of entry, and (2) provide GSA an unconditional gift of property for use in the construction or maintenance of such infrastructure. Prescribes minimum requirements for such procedures.

Startup Act 2.0

United States · United States Congress · 5 June 2012

Startup Act 2.0 - Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security (DHS) to adjust to conditional permanent resident status up to 50,000 aliens who have earned a master's or doctorate degree in a science, technology, engineering, or mathematics field (STEM field) and permit such an alien to remain in the United States: (1) for up to one year after the expiration of the alien's student visa, if the alien is searching for STEM field employment; and (2) indefinitely if the alien remains actively engaged in a STEM field. Removes a STEM alien's conditional status after five years of maintaining eligibility during the entire five-year period. Authorizes the Secretary to issue conditional immigrant visas to up to 75,000 qualified alien entrepreneurs. Removes such conditional basis after four years of maintaining qualified entrepreneur status. Eliminates the per-country numerical limitation for employment-based visas. Increases the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas. Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual People's Republic of China immigrant visas to offset status adjustments under such Act. Amends the Internal Revenue Code to: (1) provide a permanent full tax exclusion on gain from the sale or exchange of qualified small business stock held for more than five years, (2) repeal the minimum tax preference and the 28% capital gains rate on such stock, and (3) provide a limited tax credit for certain startup small businesses. Directs the Secretary of Commerce to use certain federal agency extramural budget funds to award grants to institutions of higher education for initiatives to improve commercialization and transfer of technology. Requires the head of any federal or independent regulatory agency, before issuing a notice of rulemaking in connection with the issuance of a proposed major rule, to complete a review that, among other things, analyzes the problem that the rule intends to address, and identifies and analyzes the rule's expected impact on state, local, and tribal governments, as well as on the ability of new businesses to form and expand. Requires a cost-benefit analysis before rule issuance. Directs the Secretary of Commerce to regularly compile: (1) information from each of the states and the District of Columbia on laws that affect the formation and growth of new businesses, and (2) quantitative and qualitative information on U.S. businesses that are not more than one year old.

Virgin Islands Visa Waiver Act of 2012

United States · United States Congress · 31 May 2012

Virgin Islands Visa Waiver Act of 2012 - Amends the Immigration and Nationality Act to establish a visa waiver program for the United States Virgin Islands for a national of a country that is a member or an associate member of the Caribbean Community (CARICOM) listed in regulations under this Act and who is applying for admission as a nonimmigrant business or pleasure visitor solely for entry into and stay in the United States Virgin Islands for not more than 30 days, if the Secretary of Homeland Security (DHS) determines that such waiver does not represent a threat to the welfare or security of the United States or its territories and commonwealths. Directs the Secretary to suspend the admission of nationals of a country if such admissions have resulted in an unacceptable number of visitors remaining unlawfully in the United States Virgin Islands, unlawfully obtaining entry to other parts of the United States, or seeking withholding of removal or asylum, or that visitors from such country pose a risk to law enforcement or security interests of the United States Virgin Islands or of the United States. Authorizes the Secretary to suspend the program at any time, on a country-by-country basis, for other good cause. Provides for the addition of program countries.

American Entrepreneurship and Investment Act of 2012

United States · United States Congress · 31 May 2012

American Entrepreneurship and Investment Act of 2012 - Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to: (1) make the alien investor visa (EB-5) regional center program permanent, (2) establish a $2,500 regional center designation fee, and (3) increase visa set-asides for such program. Amends the Immigration and Nationality Act regarding EB-5 provisions to: (1) establish a $2,500 premium processing fee, (2) establish in the Treasury the Immigrant Entrepreneur Regional Account Center, (3) permit concurrent filing for EB-5 petitions and status adjustment applications, (4) expand the definition of "targeted employment area" for purposes of visa set-asides, and (5) expand EB-5 eligibility to include investors who have completed investment agreements with a qualified venture capital operating company or with an "angel investor" (U.S. citizen- or permanent resident-owned entity or an entity that has made specified commercial enterprise investments).

STARS Act

United States · United States Congress · 30 May 2012

Studying Towards Adjusted Residency Status Act or the STARS Act - Authorizes the Secretary of Homeland Security (DHS) to cancel the removal of, and adjust to conditional nonimmigrant status, an alien who: (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding this Act's enactment; (2) has earned a high school diploma or general education development certificate in the United States; (3) has been admitted to an accredited four-year institution of higher education in the United States; (4) is a person of good moral character; (5) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; (6) has never been under a final order of exclusion, deportation, or removal unless the alien has remained in the United States under color of law after such order's issuance, or received the order before attaining the age of 19; (7) was younger than 19 years old on the date of the submission of the application, except that the alien may submit an application under this section before attaining the age of 21 in the case of an alien who, before attaining the age of 19 years, was granted voluntary departure; (8) has not participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (9) has not been convicted of certain offenses under federal or state law; and (10) is not inadmissible or deportable under specified grounds. Authorizes the Secretary to waive specified grounds of inadmissibility or deportability for humanitarian, family unity, or public interest purposes. Provides for a $525 application surcharge (in addition to other applicable application fees). Requires prior to cancellation of removal or granting of conditional nonimmigrant status: (1) an alien to submit biometric and biographic data, and (2) completion of security and law enforcement background checks. Requires an alien applying for relief to: (1) register under the Military Selective Service Act if so required, and (2) undergo a medical examination. Prohibits the Secretary from removing an alien with a pending application who establishes prima facie eligibility for cancellation of removal and conditional nonimmigrant status. Establishes an initial five-year period of conditional nonimmigrant status which shall include employment and limited travel authorization. Terminates such status if the alien: (1) does not enroll in an accredited four-year institution of higher education in the United States within one year after the date on which the alien was granted conditional nonimmigrant status, or does not remain enrolled; (2) becomes a public charge; or (3) ceases to be a person of good moral character. Extends such conditional status for an additional five-year period if the alien: (1) has demonstrated good moral character; (2) is not inadmissible or deportable under specified grounds, has not participated in racial, religious, social, or political persecution, and has not been convicted of certain federal or state offenses; (3) has not abandoned U.S. residency; and (4) has graduated from an accredited four-year institution of higher education in the United States. Provides for a $2,000 extension application surcharge (in addition to other applicable application fees). Authorizes a conditional nonimmigrant to file an application to adjust his or her status to that of an alien lawfully admitted for permanent residence. Requires such application to be filed during the period beginning 3 years after the date of extension and ending on either the date that is 10 years after the date of the granting of initial conditional nonimmigrant status or any other expiration date as extended by the Secretary. Requires such application to show that the alien: (1) has demonstrated good moral character; (2) is not inadmissible or deportable under specified grounds, has not participated in racial, religious, social, or political persecution, and has not been convicted of certain federal or state offenses; and (3) has not abandoned U.S. residency. Requires an alien, prior to adjusting from conditional to permanent resident status, to: (1) satisfy citizenship and federal tax requirements, (2) submit biometric and biographic data, and (3) have had security and law enforcement background checks completed. Authorizes an alien who adjusts to permanent resident status (and meets other specified requirements) to apply after five years in such status for naturalization. Authorizes: (1) the Secretary to cancel removal and grant conditional nonimmigrant status to an alien who has satisfied the conditional status requirements prior to enactment of this Act, and (2) an alien who has met the appropriate requirements during the entire period of conditional nonimmigrant status to apply for permanent resident status. Sets forth provisions regarding: (1) jurisdiction of the Secretary and the Attorney General (DOJ), (2) penalties for false application statements, (3) confidentiality of information, (4) certain tax credits and reduced health care plan cost-sharing, and (5) a Government Accountability Office (GAO) report respecting the number of aliens adjusted under this Act.

A bill to extend by 3 years the authorization of the EB-5 Regional Center Program, the E-Verify Program, the Special Immigrant Nonminister Religious Worker Program, and the Conrad State 30 J-1 Visa Waiver Program.

United States · United States Congress · 24 May 2012

Makes permanent: (1) the EB-5 Regional Center program, (2) the E-Verify program, (3) the Special Immigrant Nonminister Religious Worker program, and (4) the Conrad State 30 J-1 Visa Waiver program.

Department of Homeland Security Appropriations Act, 2013

United States · United States Congress · 23 May 2012

Department of Homeland Security Appropriations Act, 2013 - Makes appropriations for the Department of Homeland Security (DHS) for FY2013 for: (1) the Offices of the Secretary, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, and the Inspector General; (2) intelligence and operations coordination activities; (3) U.S. Customs and Border Protection (CBP); (4) U.S. Immigration and Customs Enforcement (ICE); (5) the Transportation Security Administration (TSA), including for surface transportation security activities, screening programs of the Office of Transportation Threat Assessment and Credentialing, transportation security support, and the Federal Air Marshals; (6) the Coast Guard, including funding derived from the Oil Spill Liability Trust Fund; (7) the U.S. Secret Service; (8) the Office of the Under Secretary for National Protection and Programs Directorate, including for the Federal Protective Service and the Office of Biometric Identity Management; (9) the Office of Health Affairs; (10) the Federal Emergency Management Agency (FEMA), including for the U.S. Fire Administration; (11) U.S. Citizenship and Immigration Services (CIS), including for the E-Verify program; (12) the Federal Law Enforcement Training Center; (13) the Office of the Under Secretary for Science and Technology; (14) science and technology research; and (15) the Domestic Nuclear Detention Office. Prohibits the use of funds under this Act: (1) to amend the oath of allegiance required under the Immigration and Nationality Act; (2) to prevent an individual not in the business of importing a prescription drug from importing a prescription drug that complies with the Federal Food, Drug, and Cosmetic Act from Canada for personal use; (3) for planning, testing, piloting, or developing a national identification card; (4) to transfer, release, or assist in the transfer or release to or within the United States Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by the Department of Defense (DOD); or (5) by a federal law enforcement officer to facilitate the transfer of an operable firearm to anagent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm at all times. Prohibits funds made available under this Act or any prior appropriations Act from being provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations. Prohibits funds appropriated by this Act for ICE from being used to pay for an abortion, with exceptions where the mother's life would be endangered if the fetus were carried to term or in the case of rape or incest, or to require any person to perform or facilitate the performance of an abortion.

Startup Act 2.0

United States · United States Congress · 22 May 2012

Startup Act 2.0 - Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security (DHS) to adjust to conditional permanent resident status up to 50,000 aliens who have earned a master's or doctorate degree in a science, technology, engineering, or mathematics field (STEM field) and permit such an alien to remain in the United States: (1) for up to one year after the expiration of the alien's student visa, if the alien is searching for STEM field employment; and (2) indefinitely if the alien remains actively engaged in a STEM field. Removes a STEM alien's conditional status after five years of maintaining eligibility during the entire five-year period. Authorizes the Secretary to issue conditional immigrant visas to up to 75,000 qualified alien entrepreneurs. Removes such conditional basis after four years of maintaining qualified entrepreneur status. Eliminates the per-country numerical limitation for employment-based visas. Increases the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas. Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual People's Republic of China immigrant visas to offset status adjustments under such Act. Amends the Internal Revenue Code to: (1) provide a permanent full tax exclusion on gain from the sale or exchange of qualified small business stock held for more than five years, (2) repeal the minimum tax preference and the 28% capital gains rate on such stock, and (3) provide a limited tax credit for certain startup small businesses. Directs the Secretary of Commerce to use certain federal agency extramural budget funds to award grants to institutions of higher education for initiatives to improve commercialization and transfer of technology. Requires the head of any federal or independent regulatory agency, before issuing a notice of rulemaking in connection with the issuance of a proposed major rule, to complete a review that, among other things, analyzes the problem that the rule intends to address, and identifies and analyzes the rule's expected impact on state, local, and tribal governments, as well as on the ability of new businesses to form and expand. Requires a cost-benefit analysis before rule issuance. Directs the Secretary of Commerce to regularly compile: (1) information from each of the states and the District of Columbia on laws that affect the formation and growth of new businesses, and (2) quantitative and qualitative information on U.S. businesses that are not more than one year old.

Department of Homeland Security Appropriations Act, 2013

United States · United States Congress · 22 May 2012

Department of Homeland Security Appropriations Act, 2013 - Makes appropriations for the Department of Homeland Security (DHS) for FY2013 for: (1) the Offices of the Secretary, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, and the Inspector General; (2) intelligence analysis and operations coordination activities; (3) U.S. Customs and Border Protection (CBP), including for the U.S. Visitor and Immigrant Status Indicator Technology program; (4) U.S. Immigration and Customs Enforcement (ICE); (5) the Transportation Security Administration (TSA), including for surface transportation security activities, screening programs of the Office of Transportation Threat Assessment and Credentialing, transportation security support, and the Federal Air Marshals; (6) the U.S. Coast Guard, including funding derived from the Oil Spill Liability Trust Fund; (7) the U.S. Secret Service; (8) the Office of the Under Secretary for National Protection and Programs Directorate, including for the Federal Protective Service; (9) the Office of Health Affairs; (10) the Federal Emergency Management Agency (FEMA), including for the U.S. Fire Administration; (11) U.S. Citizenship and Immigration Services (CIS), including for the E-Verify program; (12) the Federal Law Enforcement Training Center; (13) the Office of the Under Secretary for Science and Technology; (14) science and technology research; and (15) the Domestic Nuclear Detention Office. Prohibits the use of funds under this Act: (1) to amend the oath of allegiance required under the Immigration and Nationality Act; (2) to prevent an individual not in the business of importing a prescription drug from importing a prescription drug that complies with the Federal Food, Drug, and Cosmetic Act from Canada for personal use; (3) for planning, testing, piloting, or developing a national identification card; (4) to transfer, release, or assist in the transfer or release to or within the United States Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by the Department of Defense (DOD); or (5) by a federal law enforcement officer to facilitate the transfer of an operable firearm to an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm at all times. Increases the limit on the airline passenger security fee to $5.00 per one-way trip in air transportation or intrastate air transportation that originates at an airport in the United States. Establishes in the U.S. Treasury a Department of Homeland Security Forfeiture Fund. Amends the Immigration and Nationality Act regarding the visa waiver program to: (1) authorize the Secretary to designate any country as a program country; (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate; and (3) revise probationary and termination provisions. Makes specified rescissions.

Visa Waiver for Israel Act of 2012

United States · United States Congress · 18 May 2012

Visa Waiver for Israel Act of 2012 - Includes Israel in the visa waiver program upon the Secretary of Homeland Security's (DHS) determination that Israel: (1) has entered into an agreement with the United States to report, or make available through Interpol or other means, information about passport theft or loss; (2) has entered into an information sharing agreement with the United States regarding whether Israeli citizens and nationals traveling to the United States represent a U.S. security threat; (3) cooperates with the U.S. government on counterterrorism initiatives, information sharing, and preventing terrorist travel; (4) issues all new and reissued passports with biometric identifiers; and (5) has made every reasonable effort, without jeopardizing Israeli security, to ensure that reciprocal privileges are extended to all U.S. citizens.

Ex-PATRIOT Act

United States · United States Congress · 17 May 2012

Expatriation Prevention by Abolishing Tax-Related Incentives for Offshore Tenancy or the Ex-PATRIOT Act - Amends the Internal Revenue Code to impose a 30% tax and withholding on capital gains income realized by a nonresident alien individual present in the United States for periods aggregating 183 days or more or an expatriate who has renounced his or her U.S. citizenship for tax avoidance purposes (specified expatriate). Amends the Immigration and Nationality Act to: (1) render a specified expatriate inadmissible to the United States, and (2) prohibit any waiver of such inadmissibility. Directs the Secretary of the Treasury, in consultation with the Secretaries of State and Homeland Security (DHS), to develop a policy for granting a waiver of inadmissibility to a specified expatriate who satisfies a tax liability related to such expatriate's renunciation of of U.S. citizenship.

JOLT Act of 2012

United States · United States Congress · 17 May 2012

Jobs Originated through Launching Travel Act of 2012 or the JOLT Act of 2012 - Amends the Immigration and Nationality Act to direct the Secretary of State (Secretary) to establish a pilot fee-based premium processing service to expedite visa interview appointments. Authorizes the Secretary to collect and set fee amounts. Directs the Secretary of Homeland Security (DHS) to admit into the United States a qualifying Canadian citizen over 50 years old and spouse for a period not to exceed 240 days if the person maintains a Canadian residence and owns a U.S. residence or has rented a U.S. accommodation for the duration of such stay. Directs the Secretary to make publicly available each month data for the previous two years regarding visa appointment availability for each visa processing post to allow applicants to identify periods of low demand. Revises the visa waiver program to: (1) authorize the Secretary of Homeland Security to designate any country as a program country; (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate; and (3) revise probationary and termination provisions. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to direct the Secretary of Homeland Security to include in the Global Entry Trusted Traveler Network individuals who meet security requirements and are employed and sponsored by an international organization which maintains a strong working relationship with the United States. Prohibits enrollment in the Network of a person who is a citizen of a state sponsor of terror as defined in the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Directs the Secretary to require U.S. diplomatic and consular missions to: (1) conduct nonimmigrant visa application interviews expeditiously, consistent with national security requirements and in recognition of resource allocation considerations; (2) set a goal of interviewing 80% of all nonimmigrant visa applicants within three weeks of application receipt; and (3) explore expanding visa processing capacity in China and Brazil with the goal of maintaining interview wait times under 15 work days, and in recognition that the first priority of U.S. missions abroad is U.S. citizen protection.

SMART Jobs Act

United States · United States Congress · 16 May 2012

Sustaining our Most Advanced Researchers and Technology Jobs Act of 2012 or the SMART Jobs Act - Amends the Immigration and Nationality Act to establish an F-4 nonimmigrant visa for an alien who has been accepted and plans to attend an accredited graduate program for a degree in a STEM field (science, technology, engineering, mathematics) at an institution of higher education in the United States. Requires an F-4 alien to demonstrate an intent to: (1) return to his or her country of residence upon completion or termination of such qualifying graduate program, or (2) obtain U.S. employment in a STEM field and become a permanent U.S. resident upon completion of the graduate program which was the basis for such nonimmigrant status. States that an F-4 visa shall be valid: (1) during the intended period of graduate study, (2) for an additional one year period if the alien is pursuing an offer of STEM field employment, and (3) for an additional six month period while the alien's application for permanent resident status adjustment is pending. States that an alien shall qualify for permanent resident status adjustment if he or she: (1) has F-4 status and has earned an advanced STEM field degree at an institution of higher education, and (2) is employed full-time in the United States in a STEM field position.

STAR Act of 2012

United States · United States Congress · 15 May 2012

Securing the Talent America Requires for the 21st Century Act of 2012 or the STAR Act of 2012 - Amends the Immigration and Nationality Act to allocate 55,000 annual immigrant visas for eligible STEM field (science, technology, engineering, and mathematics) advanced degree graduates of qualifying U.S. research institutions who have job offers in related fields. Exempts from regular labor certification requirements an alien who holds a master's degree in a STEM field from a U.S. research institution if the alien will be employed by an employer who engages in a competitive recruitment and selection process and determines that the alien is more qualified than any U.S. worker who applied for the job. Deems as a shortage occupation a job described in an employment-based immigrant preference petition filed on behalf of an alien who holds a doctorate degree from a U.S. research institution in a STEM field. Permits the petitioner to apply for a certification directly with the Department of Homeland Security (DHS). Includes among employment-based immigrant preferences aliens who graduate from a U.S. research institution with a doctorate or master's degree in a STEM field and intend to work in a related field. Excludes an alien student who intends to pursue an advanced STEM field degree in a U.S. research institution from the foreign student visa requirement that an alien student has a foreign residence which he or she has no intention of abandoning.

JOLT Act of 2012

United States · United States Congress · 15 May 2012

Jobs Originated through Launching Travel Act of 2012 or the JOLT Act of 2012 - Amends the Immigration and Nationality Act to direct the Secretary of State (Secretary) to establish a pilot fee-based premium processing service to expedite visa interview appointments. Authorizes the Secretary to collect and set fee amounts. Authorizes the Secretary of Homeland Security (DHS) to admit into the United States a qualifying Canadian citizen over 50 years old and spouse for a period not to exceed 240 days if the person maintains a Canadian residence and owns a U.S. residence or has rented a U.S. accommodation for the duration of such stay. Directs the Secretary to make publicly available each month data for the previous two years regarding visa appointment availability for each visa processing post to allow applicants to identify periods of low demand. Revises the visa waiver program to: (1) authorize the Secretary of Homeland Security to designate any country as a program country, (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate, and (3) revise probationary and termination provisions. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to direct the Secretary of Homeland Security to include in the Global Entry Trusted Traveler Network individuals who meet security requirements and are employed and sponsored by an international organization which maintains a strong working relationship with the United States. Prohibits enrollment in the Network of a person who is a citizen of a state sponsor of terror as defined in the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Directs the Secretary to require U.S. diplomatic and consular missions to: (1) conduct nonimmigrant visa application interviews expeditiously, consistent with national security requirements and in recognition of resource allocation considerations; (2) set a goal of interviewing 80% of all nonimmigrant visa applicants, worldwide, within three weeks of application receipt; and (3) explore expanding visa processing capacity in China and Brazil with the goal of maintaining interview wait times under 15 work days, recognizing that the first priority of U.S. missions abroad is U.S. citizen protection.