NEW SKILLED WORKER VISA FOR RECENT TECHNOLOGY GRADUATES INTRODUCED IN HOUSE OF REPRESENTATIVES

H.R. 2687, called "Bringing Resources from Academia to the Industry of Our Nation Act, or the BRAIN Act, introduced by Zoe Lofgren (D-CA) and co-sponsored by 13 other Democrats, all but four of whom are from California, would create a new class of nonimmigrant visa. Eligible candidates for the new visa would be those who are going to work in "special technical occupations" and who not more than 90 days prior to obtaining the new visa graduated from a U.S. university with degrees in certain technical areas. Under the terms of the bill, change from F or J status to this new visa category would be allowed.

Special technical occupations are those that require at least a bachelor’s degree in mathematics, science, engineering, or computer science, and that pay at least $ 60,000 a year in total compensation. The authorized period of employment under this visa would be five years. There would be no annual cap on the number of these visas that could be issued.

The bill provides for extensive oversight of the new visa program. Every six months the INS will have to report to Congress providing the occupation, employer, salary, degree and degree granting institution for each person who has been granted one of these visas. The Attorney General may investigate petitions, even after they have been granted. If it is found the terms of the visa program were violated, the visa shall be revoked and the petitioner guilty of the violation may be fined up to $ 10,000.

The fee for this visa would be $ 1000 for an initial application, and $ 500 for an extension of stay or a change of employers. Fees collected through this visa are to be deposited in a fund known as the "High-Tech Education Fund Account." Money from this fund is to be made available to the National Science Foundation to be used for programs providing increased science education for elementary and high school students.

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