II 110th CONGRESS 1st Session S. 1350 IN THE SENATE OF THE UNITED STATES May 10, 2007 Mr. Gregg introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title II of the Immigration and Nationality Act to reform the diversity visa program and create a program that awards visas to aliens with an advanced degree.
1.
Immigrants with advanced degrees
(a)
Worldwide level
Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended— (1)in subsection (a)(3), by inserting and immigrants with advanced degrees after diversity immigrants; and (2)by amending subsection (e) to read as follows: (e)
Worldwide level of diversity immigrants and immigrants with advanced degrees
(1)
Diversity immigrants
The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year. (2)
Immigrants with advanced degrees
The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year. . (b)
Allocation of immigrant visas
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153(c)) is amended— (1)in subsection (c)— (A)in paragraph (1), by striking paragraph (2), aliens subject to the worldwide level specified in section 201(e) and inserting paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1); (B)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (C)by inserting after paragraph (1) the following: (2)
Aliens who hold an advanced degree in science, mathematics, technology, or engineering
(A)
In general
Qualified immigrants who hold a master’s or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2). (B)
Economic considerations
Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States. ; (D)in paragraph (3), as redesignated, by striking this subsection each place it appears and inserting paragraph (1); and (E)by amending paragraph (4), as redesignated, to read as follows: (4)
Maintenance of information
(A)
Diversity immigrants
The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1). (B)
Immigrants with advanced degrees
The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2). ; and (2)in subsection (e)— (A)in paragraph (2), by striking (c) and inserting (c)(1); (B)by redesignating paragraph (3) as paragraph (4); and (C)by inserting after paragraph (2) the following: (3)Immigrant visas made available under subsection (c)(2) shall be issued as follows: (A)If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved. (B)If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved. (C)If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall— (i)issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and (ii)issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection (c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved. . (c)
Effective date
The amendments made by this section shall take effect on October 1, 2007.
2.
Carryover of advanced degree visas and diversity visas
Section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)) is amended to read as follows: (II)An immigrant visa made available under subsection 203(c) for fiscal year 2007, or for any subsequent fiscal year, may be issued, or adjustment of status under section 245(a) may be granted, to an eligible qualified alien who has properly applied for such visa or adjustment of status in the fiscal year for which the alien was selected notwithstanding the end of such fiscal year. Such visa or adjustment of status shall be counted against the worldwide levels set forth in section 201(e) for the fiscal year for which the alien was selected. .