BRAIN Act

Best Return on America's Investment Now Act or the BRAIN Act

This bill amends the Immigration and Nationality Act to make up to 10% of the worldwide employment-based immigration level available to qualified immigrants who: (1) hold a doctorate degree in a field of science, technology, engineering, or mathematics (STEM degree) from a U.S. doctoral institution of higher education; and (2) have taken all doctoral courses in a STEM field, including all courses taken by correspondence or by distance education, while physically present in the United States.

The number of immigrant visas available to skilled workers, professionals, and other workers is reduced.

The computation of the total number of immigrant visas that may be made available to natives of any single foreign state or dependent area in a fiscal year is revised.

The permanent priority date for any employment-based petition shall be the date on which the petition is filed with Department of Homeland Security (or the Department of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Department of Labor, in which case that date shall constitute the priority date.

An alien who is the beneficiary of an employment-based petition that was approvable when filed shall retain that petition's priority date in the consideration of any subsequently filed employment-based petition.