Reform and replace H–1B nonimmigrants with SMARTER nonimmigrants

(a) Numerical limitation based on industrial need Subparagraph (A) of section 214(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)) is amended to read as follows: (A) under section 101(a)(15)(H)(i)(b), shall be such number as the Commissioner of the Bureau of Labor Statistics determines in accordance with section 203A; or. (b) Elimination of foreign fashion model visas Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended— (1) by striking or as a fashion model; and (2) by striking or, in the case of a fashion model, is of distinguished merit and ability,. (c) Replacement Section 212(n) of the Immigration and Nationality Act is amended— (1) by striking an H–1B nonimmigrant each place it appears and inserting SMARTER nonimmigrant; and (2) by striking H–1B nonimmigrants each place it appears and inserting SMARTER nonimmigrants. (d) Portability Section 214(n) of the Immigration and Nationality Act (8 U.S.C. 1184 (n)) is amended by adding at the end the following: (3) A nonimmigrant alien may accept new employment under this subsection, regardless of whether the new employment is in the industry in which alien was originally authorized to work under section 101(a)(15)(H)(i)(b). (4) For purposes of paragraph (2)(B), a nonimmigrant alien shall be considered to have been in a period of stay authorized at the time of filing a petition described in paragraph (1) if such petition was properly filed while a prior nonfrivolous petition was pending. (5) A new petition filed under this subsection by an employer (as such term is defined in section 203A) with respect to an alien may not be denied solely on the basis that a previous petition filed under this subsection by an employer with respect to that alien was denied. (6) If a petition filed pursuant to this subsection is denied, the nonimmigrant alien’s period of authorized stay shall continue until the sooner of— (A) 120 days; or (B) the end of the previously approved validity period.. (e) Job flexibility for long delayed applicants for adjustment of status to permanent residence Section 204(j) of the Immigration and Nationality Act (8 U.S.C. 1154(j)) is amended— (1) by striking subsection (a)(1)(D) and inserting subsection (a)(1)(F); and (2) by inserting after unadjudicated for 180 days or more the following:, or with respect to whom the petition has been approved for more than 365 days without a visa number being immediately available to allow the filing of an application under section 245,. (f) Awarding of visas Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(3)) is amended by inserting after the first sentence the following: In the case of petitions received on the final receipt date or in the case of petitions registered during the initial registration period, such petitions shall be considered simultaneously filed and visas or status shall be provided in the order that will most increase long-term tax revenue, including any adjustment deemed appropriate to account for applicable geographic differences.. (g) Extension of existing H–1B nonimmigrant visa An individual who is present in the United States on the date of enactment of this Act under section 101(a)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(H)(i)(b)) shall not be required to depart the United States prior to renewing such visa pursuant to the amendments made by this Act.