S. 3553: BRAINS Act
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S. 3553: BRAINS Act
112th Congress · introduced 2012-09-19 · Immigration · Latest: Read twice and referred to the Committee on the Judiciary.
federal
Follow this bill, step by step
- Where it came from: introduced 2012-09-19 · official record
- Who proposed it: Sen. Schumer, Charles E. [D-NY] · what a sponsor is
- What happened next: no floor votes in our records yet. Why?
- Where it stands now: Read twice and referred to the Committee on the Judiciary. Not final yet: this can still change. We check for updates every day.
- If it becomes law and spends money: follow the money to money laws, then agencies and contracts and grants.
Official title
BRAINS Act
Plain summary
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.
Congressional Research Service summary (Introduced in Senate), quoted unchanged (nonpartisan). Read the source.
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If it passes both chambers and is signed, it becomes law.
A “Nay” vote
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Alternatives
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How did my representative vote? · This bill's floor votes
Officials and money
Sponsor: Sen. Schumer, Charles E. [D-NY] · 2 cosponsors
Cost estimate: No cost estimate published yet.
Cosponsors on this site
Christopher A. Coons (D-DE), Sheldon Whitehouse (D-RI)
Sponsor's campaign money: Sen. Schumer, Charles E. [D-NY] reported raising $1.2 million (2025–2026). Details. Shown for context only; it does not mean any donor supported this bill.
No linked floor roll calls in our collected records yet. This does not mean the bill has never had a vote. Check the official bill history.
Words on this page, explained (4)
- Appropriation
- Money a legislature sets aside by law for a specific purpose. Government agencies may spend public money only as it has been appropriated.
- Fiscal year
- The 12-month period a government uses for its budget. The federal fiscal year runs from October 1 to September 30 and is named for the calendar year in which it ends. Most states use July 1 to June 30.
- Securities
- Financial investments that can be bought and sold, such as stocks and bonds.
- Statute
- A written law passed by a legislature. A statute can be changed by a later law; changing a constitution needs an amendment.
Plain meanings written from linked sources. All words.
Sources
- Congressional Research Service summary (Introduced in Senate)
- Congress.gov
- Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-112s3553.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/112/s>
Record fed-us-cong112-s3553 · catalog fed-us-congress-bills-cong112 · updated 2026-11-15 by psicol fed-bills-cong112