[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5448 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5448

   To amend the Immigration and Nationality Act to give priority for 
 certain family-sponsored immigrants based upon educational attainment 
    and to require diversity immigrants to have a bachelor's degree.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 11, 2000

Mr. Smith of Texas introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to give priority for 
 certain family-sponsored immigrants based upon educational attainment 
    and to require diversity immigrants to have a bachelor's degree.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Economy Workforce Act''.

SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-SPONSORED IMMIGRANTS.

    Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C. 
1153(e)(1)) is amended--
            (1) by striking ``(1) Immigrant visas'' and inserting 
        ``(1)(A) Subject to the succeeding provisions of this 
        paragraph, immigrant visas''; and
            (2) by adding at the end the following:
    ``(B)(i) An immigrant visa may be made available under paragraph 
(1), (2)(B), (3), or (4) of subsection (a) to an alien who--
            ``(I) does not have a bachelor's degree (or higher degree) 
        only if there is no qualified individual to whom such a visa 
        may be made available under the respective paragraph who has 
        such a degree; or
            ``(II) is not a high school graduate only if there is no 
        qualified individual to whom such a visa may be made available 
        under the respective paragraph who has a bachelor's degree (or 
        higher degree) or who is a high school graduate.
    ``(ii) For purposes of clause (i)--
            ``(I) the term `bachelor's degree' includes a foreign 
        degree that is a recognized foreign equivalent of a bachelor's 
        degree; and
            ``(II) the term `high school graduate' means an individual 
        who has successfully completed either a 12-year course of 
        elementary and secondary school study in the United States or a 
        formal course of elementary and secondary school study abroad 
        equivalent to a 12-year course of elementary and secondary 
        school study in the United States.
    ``(iii) The determination of educational status under clause (i) 
shall be made using the most recent evidence with respect to 
educational credentials proffered by the alien.''.

SEC. 3. BACHELOR'S DEGREE REQUIREMENT FOR DIVERSITY IMMIGRANTS.

    Section 203(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1153(a)(2)) is amended to read as follows:
            ``(2) Requirement of education.--
                    ``(A) In general.--An alien is not eligible for a 
                visa under this subsection unless the alien has a 
                bachelor's degree (or higher degree).
                    ``(B) Definition.--For purposes of subparagraph 
                (A), the term `bachelor's degree' includes a foreign 
                degree that is a recognized foreign equivalent of a 
                bachelor's degree.''.

SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RESPECT TO 
              DETERMINATIONS OF FOREIGN DEGREE EQUIVALENCE AND 
              VERIFICATION OF EDUCATIONAL CREDENTIALS.

    Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) 
is amended by adding at the end the following:
    ``(h) Determinations With Respect to Foreign Degree Equivalence.--
For purposes of subsections (c)(2) and (e)(1)(B), in the case of an 
alien obtaining a foreign degree, or completing a foreign course of 
elementary and secondary school study, any determination with respect 
to the equivalence of that degree or course of study to a degree 
obtained, or a course of study completed, in the United States shall be 
made by the Secretary of State. In carrying out the preceding sentence, 
the Secretary of State shall verify the authenticity of any foreign 
educational credential proffered by an alien.''.

SEC. 5. ADMINISTRATIVE OBLIGATIONS.

    (a) Allocation of Visas to Family-Sponsored Immigrants.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
of State, in consultation with the Attorney General, shall promulgate 
regulations regarding the allocation of immigrant visas, made available 
under paragraphs (1), (2)(B), (3), and (4) of section 203(a) of the 
Immigration and Nationality Act, pursuant to the amendments made by 
this Act.
    (b) Determinations With Respect to Foreign Degrees.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        consultation with the Attorney General and the Secretary of 
        Education, shall promulgate regulations to carry out section 
        203(h) of the Immigration and Nationality Act (as added by 
        section 4).
            (2) Imposition of fee.--Such regulations may permit the 
        Secretary of State to charge and collect a processing and 
        verification fee, to be set at a level that will ensure 
        recovery of the full costs incurred in carrying out such 
        section 203(h).
            (3) Use of fee.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        ``Foreign Degree Equivalence Account''. Notwithstanding any 
        other provision of law, there shall be deposited as offsetting 
        receipts into the account all fees collected pursuant to 
        paragraph (2). Amounts deposited into the account shall remain 
        available to the Secretary of State until expended to carry out 
        section 203(h) of the Immigration and Nationality Act (as added 
        by section 4).
    (c) Other Regulations.--Except as provided in subsections (a) and 
(b), not later than 90 days after the date of the enactment of this 
Act, the Attorney General, in consultation with the Secretary of State 
and the Secretary of Education, shall promulgate regulations 
implementing the amendments made by this Act.
    (d) Forms.--Not later than 90 days after the date on which 
regulations are promulgated under subsections (a) through (c), the 
Attorney General and the Secretary of State shall each make available 
revised forms, as appropriate, that prominently include instructions 
regarding procedures for establishing an alien's level of educational 
attainment for purposes of the amendments made by this Act. Such forms 
shall include appropriate forms for supplementing prior submissions.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply to immigrant visas made 
available under section 203(a) of the Immigration and Nationality Act 
on or after the date that is 180 days after the date of the enactment 
of this Act, and immigrant visas made available under section 203(c) of 
such Act on or after October 1, 2002, regardless of the date any 
classification petition under section 204 of such Act may have been 
filed.
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