[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 43 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                 H. R. 43

To amend the Immigration and Nationality Act to eliminate the diversity 
immigrant program and to re-allocate those visas to certain employment-
  based immigrants who obtain an advanced degree in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

   Mr. Issa introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to eliminate the diversity 
immigrant program and to re-allocate those visas to certain employment-
  based immigrants who obtain an advanced degree in the United States.

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

SECTION 1. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

    (a) Worldwide Level of Diversity Immigrants.--Section 201 of the 
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Allocation of Diversity Immigrant Visas.--Section 203 of such 
Act (8 U.S.C. 1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Procedure for Granting Immigrant Status.--Section 204 of such 
Act (8 U.S.C. 1154) is amended--
            (1) by striking subsection (a)(1)(I); and
            (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.

SEC. 2. VISAS FOR CERTAIN EMPLOYMENT-BASED IMMIGRANTS WHO OBTAIN AN 
              ADVANCED DEGREE IN THE UNITED STATES.

    (a) In General.--Section 203(b)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(2)) is amended by adding at the end 
the following:
                    ``(D) Certain aliens obtaining advanced degrees in 
                the united states.--Visas shall be made available, in a 
                number not to exceed 55,000, to qualified immigrants 
                who--
                            ``(i) are a member of a profession holding 
                        an advanced degree obtained within the United 
                        States;
                            ``(ii)(I) obtained such degree within the 
                        United States during the 5-year period 
                        preceding the date on which the petition filed 
                        under section 204(a)(1)(F) for classification 
                        under this subparagraph is filed; or
                            ``(II) has resided continuously in the 
                        United States in a lawful nonimmigrant status 
                        since obtaining such degree; and
                            ``(iii) whose services in the sciences or 
                        medicine--
                                    ``(I) are sought by an employer in 
                                the United States; and
                                    ``(II) will substantially benefit 
                                prospectively the national economy of 
                                the United States.''.
    (b) Numerical Limitation.--
            (1) In general.--Section 201(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(d)) is amended by adding at the 
        end the following:
    ``(3) Aliens described in section 203(b)(2)(D) may be issued visas 
or may otherwise acquire the status of an alien lawfully admitted to 
the United States for permanent residence in a number not to exceed 
55,000 in any fiscal year.''.
            (2) Conforming amendment.--Section 201(a)(2) of such Act (8 
        U.S.C. 1151(a)(2)) is amended by striking ``and not to exceed'' 
        and inserting ``and, excluding immigrants described in section 
        203(b)(2)(D), not to exceed''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on October 1, 
2011.
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