bseoima §4237 (2013): PORTABILITY FOR BENEFICIARIES OF IMMIGRANT PETITIONS.

[Hatch10/Schumer]

a.

INCREASED PORTABILITY.—Section 204(j) (8 U.S.C. 1154(j)) is amended—

1.

by amending the subsection heading to read as follows:

j.: INCREASED PORTABILITY.—

2.

by striking A petition and inserting the following:

1.: LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS.—A petition;

and

3.

by adding at the end the following:

2.

PORTABILITY FOR BENEFICIARIES OF IMMIGRANT PETITIONS.—Regardless of whether an employer withdraws a petition approved under paragraph (1), (2), or (3) of section 203(b)—

A.

the petition shall remain valid with respect to a new job if—

i.: the beneficiary changes jobs or employers after the petition is approved; and
ii.: the new job is in the same or a similar occupational classification as the job for which the petition was approved; and

B.

the employer’s legal obligations with respect to the petition shall terminate at the time the beneficiary changes jobs or employers.

3.

DOCUMENTATION.—The Secretary of Labor shall develop a mechanism to provide the beneficiary or prospective employer with sufficient information to determine whether a new position or job is in the same or similar occupation as the job for which the petition was approved. The Secretary of Labor shall provide confirmation of application approval if required for eligibility under this subsection. The Secretary of Homeland Security shall provide confirmation of petition approval if required for eligibility under this subsection.

ADJUSTMENT OF STATUS FOR EMPLOYMENTBASED IMMIGRANTS.—

1.

IN GENERAL.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

n.

ADJUSTMENT OF STATUS FOR EMPLOYMENTBASED IMMIGRANTS.—

1.: PETITION.—An alien, and any eligible dependents of such alien, who has filed a petition for immigrant status, may concurrently, or at any time thereafter, file an application with the Secretary of Homeland Security for adjustment of status if such petition is pending or has been approved, regardless of whether an immigrant visa is immediately available at the time the application is filed.
2.: SUPPLEMENTAL FEE.—If a visa is not immediately available at the time an application is filed under paragraph (1), the beneficiary of such application shall pay a supplemental fee of $500, which shall be deposited in the STEM Education and Training Account established under section 286(w). This fee shall not be collected from any dependent accompanying or following to join such beneficiary.
3.: AVAILABILITY.—An application filed pursuant to paragraph (2) may not be approved until the date on which an immigrant visa becomes available.

[end]

§ 4237 : PORTABILITY FOR BENEFICIARIES OF IMMIGRANT PETITIONS.