[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5634 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5634

To exempt from numerical limitations any alien who has received a Ph.D. 
   from an institution of higher education within the 3-year period 
     preceding such alien's petition for special immigrant status.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2008

   Mr. Kennedy (for himself and Mr. McCaul of Texas) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To exempt from numerical limitations any alien who has received a Ph.D. 
   from an institution of higher education within the 3-year period 
     preceding such alien's petition for special immigrant status.

    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 American Innovators Act''.

SEC. 2. UNITED STATES EDUCATED IMMIGRANTS.

    (a) Special Immigrant Status.--Section 101(a)(27) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended--
            (1) in subparagraph (L)(iii) by adding at the end a 
        semicolon;
            (2) in subparagraph (M) by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(N) an immigrant who has received a Ph.D. from an 
                institution of higher education (as defined in section 
                102 of the Higher Education Act of 1965 (20 U.S.C. 
                1002), but excluding any institution of higher 
                education described in section 102(a)(1)(C) of such 
                Act) within the 3-year period preceding the date on 
                which the immigrant filed a petition described in 
                section 204(a)(1)(G)(iii).''.
    (b) Petition for Status as a Special Immigrant.--Section 
204(a)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(G)) is amended by adding at the end the following:
                            ``(iii) Any alien claiming status as a 
                        special immigrant under section 101(a)(27)(N) 
                        may file a petition with the Secretary of 
                        Homeland Security for such status.''.
    (c) Aliens Not Subject to Direct Numerical Limitation.--Section 
201(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1151(b)(1)(A)) is amended by striking ``or (B)'' and inserting ``, (B), 
or (N)''.
    (d) Number and Allocation of Visas Not Limited for Certain Special 
Immigrants.--Section 203(b)(4) of the Immigration and Nationality Act 
(8 U.S.C. 1153(b)(4)) is amended by striking ``or (B)'' and inserting 
``, (B), or (N)''.
                                 <all>