S.744 Immigration bill - Sec. 2301: MERIT-BASED POINTS TRACK ONE
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) In General-
- (1) WORLDWIDE LEVEL OF MERIT-BASED IMMIGRANTS- Section 201(e) (8 U.S.C. 1151(e)) is amended to read as follows:
- `(e) Worldwide Level of Merit-based Immigrants-
- `(1) IN GENERAL-
- `(A) NUMERICAL LIMITATION- Subject to paragraphs
(2), (3), and (4), the worldwide level of merit-based immigrants is
equal to 120,000 for each fiscal year.
- `(B) STATUS- An alien admitted on the basis of a
merit-based immigrant visa under this section shall have the status of
an alien lawfully admitted for permanent residence.
- `(2) ANNUAL INCREASE-
- `(A) IN GENERAL- Subject to subparagraph (B) and
paragraph (3), if in any fiscal year the worldwide level of visas
available for merit-based immigrants under this section--
- `(i) is less than 75 percent of the number of
applicants for such fiscal year, the worldwide level shall increase by 5
percent for the next fiscal year; and
- `(ii) is equal to or more than 75 percent of
such number, the worldwide level for the next fiscal year shall be the
same as the worldwide level for such fiscal year, minus any amount added
to the worldwide level for such fiscal year under paragraph (4).
- `(B) LIMITATION ON INCREASE- The worldwide level of visas available for merit-based immigrants shall not exceed 250,000.
- `(3) EMPLOYMENT CONSIDERATION- The worldwide level of
visas available for merit-based immigrants may not be increased for a
fiscal year under paragraph (2) if the annual average unemployment rate
for the civilian labor force 18 years or over in the United States, as
determined by the Bureau of Labor Statistics, for such previous fiscal
year is more than 8 1/2 percent.
- `(4) RECAPTURE OF UNUSED VISAS- The worldwide level of
merit-based immigrants described in paragraph (1) for a fiscal year
shall be increased by the difference (if any) between the worldwide
level established under paragraph (1) for the previous fiscal year and
the number of visas actually issued under this subsection during that
fiscal year. Such visas shall be allocated for the following year
pursuant to section 203(c)(3).'.
- (2) MERIT-BASED IMMIGRANTS- Section 203 (8 U.S.C.
1153), as amended by section 213, is further amended by inserting after
subsection (b) the following:
- `(c) Merit-based Immigrants-
- `(1) FISCAL YEARS 1 THROUGH 4- For the first 4 fiscal
years beginning after the date of enactment of the Border Security,
Economic Opportunity, and Immigration Modernization Act, the worldwide
level of merit-based immigrant visas made available under section
201(e)(1) shall be available for aliens described in section 203(b)(3)
and in addition to any visas available for such aliens under such
section.
- `(2) SUBSEQUENT FISCAL YEARS- Beginning with the fifth
fiscal year beginning after the date of the enactment of the Border
Security, Economic Opportunity, and Immigration Modernization Act,
aliens subject to the worldwide level specified in section 201(e) for
merit-based immigrants shall be allocated as follows:
- `(A) 50 percent shall be available to applicants with the highest number of points allocated under tier 1 in paragraph (4).
- `(B) 50 percent shall be available to applicants with the highest number of points allocated under tier 2 in paragraph (5).
- `(3) UNUSED VISAS- If the total number of visas
allocated to tier 1 or tier 2 for a fiscal year are not granted during
that fiscal year, such number may be added to the number of visas
available section 201(e)(1) for the following fiscal year and allocated
as follows:
- `(A) If the unused visas were allocated for tier 1
in a fiscal year, 2/3 of such visas shall be available for aliens
allocated visas under tier 1 in the following fiscal year and 1/3 of
such visas shall be available for aliens allocated visas under either
tier 1 or tier 2 in the following fiscal year.
- `(B) If the unused visas were allocated for tier 2
in a fiscal year, 2/3 of such visas shall be available for aliens
allocated visas under tier 2 in the following fiscal year and 1/3 of
such visas shall be available for aliens allocated visas under either
tier 1 or tier 2 in the following fiscal year.
- `(4) TIER 1- The Secretary shall allocate points to each alien seeking to be a tier 1 merit-based immigrant as follows:
- `(A) EDUCATION-
- `(i) IN GENERAL- An alien may received points under only one of the following categories:
- `(I) An alien who has received a doctorate degree shall be allocated 15 points.
- `(II) An alien who has received a master's degree shall be allocated 10 points.
- `(ii) An alien who has received a bachelor's
degree from an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) shall be
allocated 5 points.
- `(B) EMPLOYMENT EXPERIENCE- An alien shall be allocated not more than 20 points as follows:
- `(i) 3 points for each year the alien has been lawfully employed in a zone 5 occupation in the United States.
- `(ii) 2 points for each year the alien has been lawfully employed in a zone 4 occupation in the United States.
- `(C) EMPLOYMENT RELATED TO EDUCATION- An alien who
in the United States and is employed full-time or has an offer of
full-time employment in a field related to the alien's education--
- `(i) in a zone 5 occupation shall be allocated 10 points; or
- `(ii) in a zone 4 occupation shall be allocated 8 points.
- `(D) ENTREPRENEURSHIP- An alien who is an
entrepreneur in business that employs at least 2 employee in a zone 4
occupation or a zone 5 occupation shall be allocated 10 points.
- `(E) HIGH DEMAND OCCUPATION- An alien who is
employed full-time in the United States or has an offer of full-time
employment in a high demand occupation high demand tier 1 occupation
shall be allocated 10 points.
- `(F) CIVIC INVOLVEMENT- An alien who has attested
that he or she has engaged in a significant amount of community service,
as determined by the Secretary, shall be allocated 2 points.
- `(G) ENGLISH LANGUAGE- An alien who received a
score of 80 or more on the Test of English as a Foreign Language, or an
equivalent score on a similar test, as determined by the Secretary,
shall be allocated points 10 points.
- `(H) SIBLINGS AND MARRIED SONS AND DAUGHTERS OF
CITIZENS- An alien who is the sibling of a citizen of the United States
or who is more than 31 years of age and is the married son or married
daughter of a citizen of the United States shall be allocated 10 points.
- `(I) AGE- An alien who is--
- `(i) between 18 and 24 years of age shall be allocated 8 points;
- `(ii) between 25 and 32 years of age shall be allocated 6 points; or
- `(iii) between 33 and 37 years of age shall be allocated 4 points.
- `(J) COUNTRY OF ORIGIN- An alien who is a national
of a country of which fewer than 50,000 nationals were lawfully admitted
to permanent residence in the United States in the previous 5 years
shall be allocated 5 points.
- `(5) TIER 2- The Secretary shall allocate points to each alien seeking to be a tier 2 merit-based immigrant as follows:
- `(A) EMPLOYMENT EXPERIENCE- An alien shall be
allocated 2 points for each year the alien has been lawfully employed in
the United States, for a total of not more than 20 points.
- `(B) SPECIAL EMPLOYMENT CRITERIA- An alien who is
employed full-time in the United States, or has an offer of full-time
employment--
- `(i) in a high demand tier 2 occupation shall be allocated 10 points; or
- `(ii) in a zone 1 occupation or zone 2 occupation shall be allocated 10 points.
- `(C) CAREGIVER- An alien who is or has been a primary caregiver shall be allocated 10 points.
- `(D) EXCEPTIONAL EMPLOYMENT RECORD- An alien who
has a record of exceptional employment, as determined by the Secretary,
shall be allocated 10 points. In determining a record of exceptional
employment, the Secretary shall consider factors including promotions,
longevity, changes in occupations from a lower job zone to a higher job
zone , good safety record, and an increases in pay.
- `(E) CIVIC INVOLVEMENT- An alien who has demonstrated significant shall civic involvement shall be allocated 2 points.
- `(F) ENGLISH LANGUAGE- An alien who received a
score on the Test of English as a Foreign Language, or an equivalent
score on a similar test, as determined by the Secretary of Homeland
Security of--
- `(i) 75 or more shall be allocated points 10 points; or
- `(ii) more than 54 and less than 75 shall be allocated 5 points.
- `(G) SIBLINGS AND MARRIED SONS AND DAUGHTERS OF
CITIZENS- An alien who is the sibling of a citizen of the United States
or is over the age of 31 and is the married son or married daughter of a
citizen of the United States shall be allocated 10 points.
- `(H) AGE- An alien who is--
- `(i) between 18 and 24 years of age shall be allocated 8 points;
- `(ii) between 25 and 32 years of age shall be allocated 6 points; or
- `(iii) between 33 and 37 years of age shall be allocated 4 points.
- `(I) COUNTRY OF ORIGIN- An alien who is a national
of a country of which fewer than 50,000 nationals were lawfully admitted
to permanent residence in the United States in the previous 5 years
shall be allocated 5 points.
- `(6) FEE- An alien who is allocated a visa under this section shall pay a fee of $500.
- `(7) ELIGIBILITY OF ALIENS IN REGISTERED PROVISIONAL
IMMIGRANT STATUS- An alien who was granted registered provisional
immigrant status may be granted a merit-based immigrant visa under
section 201(e) and may begin accruing points under subsections (b), (d),
and (e) no earlier than the date that is 10 years after the date of the
enactment of the Border Security, Economic Opportunity, and Immigration
Modernization Act.
- `(8) INELIGIBILITY OF ALIENS WITH PENDING OR APPROVED
PETITIONS- An alien who has a petition pending or approved in another
immigrant category under this section or section 201 may not apply for a
merit-based immigrant visa.
- `(9) DEFINITIONS- In this subsection:
- `(A) HIGH DEMAND TIER 1 OCCUPATION- The term `high
demand tier 1 occupation' means 1 of the 5 occupations for which the
highest number of nonimmigrants described in section 101(a)(15)(H)(i)
were sought to be admitted by employers during the previous fiscal year.
- `(B) HIGH DEMAND TIER 2 OCCUPATION- The term `high
demand tier 2 occupation' means 1 of the 5 occupations for which the
highest number of positions were sought to become registered positions
by employers under section 220(e) during the previous fiscal year.
- `(C) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
- `(D) ZONE 1 OCCUPATION- The term `zone 1
occupation' means an occupation that requires little or no preparation
and is classified as a zone 1 occupation on--
- `(i) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or
- `(ii) such Database or a similar successor
database, as designated by the Secretary of Labor, after the date of the
enactment of this Act.
- `(E) ZONE 2 OCCUPATION- The term `zone 2
occupation' means an occupation that requires some preparation and is
classified as a zone 2 occupation on--
- `(i) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or
- `(ii) such Database or a similar successor
database, as designated by the Secretary of Labor, after the date of the
enactment of this Act.
- `(F) ZONE 3 OCCUPATION- The term `zone 3
occupation' means an occupation that requires medium preparation and is
classified as a zone 3 occupation on--
- `(i) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or
- `(ii) such Database or a similar successor
database, as designated by the Secretary of Labor, after the date of the
enactment of this Act.
- `(G) ZONE 4 OCCUPATION- The term `zone 3
occupation' means an occupation that requires considerable preparation
and is classified as a zone 4 occupation on--
- `(i) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or
- `(ii) such Database or a similar successor
database, as designated by the Secretary of Labor, after the date of the
enactment of this Act.
- `(H) ZONE 5 OCCUPATION- The term `zone 5
occupation' means an occupation that requires extensive preparation and
is classified as a zone 5 occupation on--
- `(i) the Occupational Information Network Database (O*NET) on the date of the enactment of this Act; or
- `(ii) such Database or a similar successor
database, as designated by the Secretary of Labor, after the date of the
enactment of this Act.'.
- (b) Modification of Points- The Secretary may submit to
Congress a proposal to modify the number of points allocated under
subsection (c) of section 203 of the Immigration and Nationality Act (8
U.S.C. 1153), as amended by subsection (a).
- (c) Conforming Amendment- Section 203(d) of the Immigration
and Nationality Act (8 U.S.C. 1153(d)), as amended by section
213(a)(2)(B) of this Act, is further amended by striking `(a) or (b)'
and inserting `(a), (b), or (c)'.
- (d) Effective Date- The amendments made by this section
shall take effect on the first day of the first fiscal year beginning
after the date of the enactment of this Act.
2301
MERIT-BASED POINTS TRACK ONE