S.744 Immigration bill - Sec. 2307: ALLOCATION OF IMMIGRANT VISAS
- (a) Preference Allocation for Family-based Immigrants-
- (1) IN GENERAL- Section 203(a) (8 U.S.C. 1153(a)) is amended to read as follows:
- `(a) Preference Allocation for Family-based Immigrants-
Aliens subject to the worldwide level specified in section 201(c) for
family-based immigrants shall be allotted visas as follows:
- `(1) SONS AND DAUGHTERS OF CITIZENS- Qualified immigrants who are--
- `(A) the unmarried sons or unmarried daughters but
not the children of citizens of the United States shall be allocated
visas in a number not to exceed 35 percent of the worldwide level
authorized in section 201(c), plus the sum of--
- `(i) the number of visas not required for the class specified in paragraph (2) for the current fiscal year; and
- `(ii) the number of visas not required for the class specified in subparagraph (B); or
- `(B) the married sons or married daughters of
citizens of the United States who are under 31 years of age at the time
of filing a petition under section 204 shall be allocated visas in a
number not to exceed 25 percent of the worldwide level authorized in
section 201(c), plus the number of any visas not required for the class
specified in subparagraph (A) current fiscal year.
- `(2) SONS AND DAUGHTERS OF RESIDENTS- Qualified
immigrants who are the unmarried sons or unmarried daughters of aliens
admitted for permanent residence shall be allocated visas in a number
not to exceed 40 percent of the worldwide level authorized in section
201(c), plus any visas not required for the class specified in paragraph
(1)(A).'.
- (2) CONFORMING AMENDMENTS-
- (A) PROCEDURE FOR GRANTING IMMIGRANT STATUS- Section 204 (8 U.S.C. 1154) is amended--
- (i) in subsection (a)(1)(A)(i), by striking
`(1), (3), or (4) of section 203(a)' and inserting `subparagraph (A) or
(B) of section 203(a)(1)'; and
- (ii) in subsection (f)(1), by striking `section
201(b), 203(a)(1), or 203(a)(3),' and inserting `section 201(b) or
subparagraph (A) or (B) of section 203(a)(1)'.
- (B) AUTOMATIC CONVERSION- For the purposes of any petition pending or approved based on a relationship described--
- (i) in subparagraph (A) of section 203(a)(1) of
the Immigration and Nationality Act (8 U.S.C. 1153(a)(1)), as amended
by paragraph (1), and notwithstanding the age of the alien, such a
petition shall be deemed reclassified as a petition based on a
relationship described in subparagraph (B) of such section 203(a)(1)
upon the marriage of such alien; or
- (ii) in subparagraph (B) of such section
203(a)(1), such a petition shall be deemed reclassified as a petition
based on a relationship described in subparagraph (A) of such section
203(a)(1) upon the legal termination of marriage or death of such
alien's spouse.
- (3) EFFECTIVE DATE- The amendments made by this
subsection shall take effect on the first day of the first fiscal year
that begins at least 18 months following the date of the enactment of
this Act.
- (b) Preference Allocation for Employment-based Immigrants-
Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end
the following:
- `(F) Derivative beneficiaries as described in section 203(d) of employment-based immigrants under section 203(b).
- `(G) Aliens with extraordinary ability in the
sciences, arts, education, business, or athletics which has been
demonstrated by sustained national or international acclaim, if, with
respect to any such alien--
- `(i) the achievements of such alien have been recognized in the field through extensive documentation;
- `(ii) such alien seeks to enter the United States to continue work in the area of extraordinary ability; and
- `(iii) the entry of such alien into the United States will substantially benefit prospectively the United States.
- `(H) Aliens who are outstanding professors and researchers if, with respect to any such alien--
- `(i) the alien is recognized internationally as outstanding in a specific academic area;
- `(ii) the alien has at least 3 years of experience in teaching or research in the academic area; and
- `(iii) the alien seeks to enter the United States--
- `(I) to be employed in for a tenured
position (or tenure-track position) within a not for profit university
or institution of higher education to teach in the academic area;
- `(II) for employment in a comparable
position with a not for profit university or institution of higher
education , or a governmental research organization, to conduct research
in the area; or
- `(III) for employment in a comparable
position to conduct research in the area with a department, division, or
institute of a private employer, if the department, division, or
institute employs at least 3 persons full-time in research activities
and has achieved documented accomplishments in an academic field.
- `(I) Aliens who are multinational executives and managers if, with respect to any such alien--
- `(i) in the 3 years preceding the time of the
alien's application for classification and admission into the United
States under this subparagraph, the alien has been employed for at least
1 year by a firm or corporation or other legal entity or an affiliate
or subsidiary thereof; and
- `(ii) the alien seeks to enter the United
States in order to continue to render services to the same employer or
to a subsidiary or affiliate thereof in a capacity that is managerial or
executive.
- `(J) Aliens who have earned a doctorate degree.
- `(K) Alien physicians who have completed the
foreign residency requirements under section 212(e) or obtained a waiver
of these requirements or an exemption requested by an interested State
agency or by an interested Federal agency under section 214(l),
including those alien physicians who completed such service before the
date of the enactment of the Border Security, Economic Opportunity, and
Immigration Modernization Act.'.
- (c) Technical and Conforming Amendments-
- (1) PROCEDURE FOR GRANTING IMMIGRANT STATUS- Section
204(a)(1)(E) (8 U.S.C. 1154(a)(1)(E)) is amended by striking `under
section 203(b)(1)(A)' and inserting `under subparagraph (G), (H), (I),
(J) or (K) of section 201(b)(1), or section'.
- (2) TREATMENT OF DERIVATIVE FAMILY MEMBERS- Section 203(d) (8 U.S.C. 1153(d)) is amended to read as follows:
- `(d) Treatment of Family Members- If accompanying or
following to join a spouse or parent issued a visa under subsection (a),
(b), or (c), subparagraph (G), (H), (I), (j), or (K) of section
201(b)(1), or section 201(b)(2), a spouse or child as defined in
subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall be
entitled to the same immigrant status and the same order of
consideration provided in the respective subsection.'.
- (3) ALIENS WHO ARE PRIORITY WORKERS OR MEMBERS OF THE
PROFESSIONS HOLDING ADVANCED DEGREES- Section 203(b) (8 U.S.C. 1153(b))
is amended--
- (A) in the matter preceding paragraph (1), by
striking `Aliens' and inserting `Other than aliens described in
paragraph (1) or (2)(B), aliens';
- (B) in paragraph (1) by striking the matter
preceding subparagraph (A) and inserting `Aliens described in any of the
following subparagraphs be admitted to the United States without
respect to the worldwide level specified in section 201(d)'; and
- (C) by amending (2) to read as follows:
- `(2) ALIENS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES OR ADVANCED DEGREES IN A STEM FIELD-
- `(A) PROFESSIONS HOLDING ADVANCED DEGREES- Visas
shall be made available, in a number not to exceed 40 percent of the
worldwide level authorized in section 201(d), plus any visas not
required for the classes specified in paragraph (5), to qualified
immigrants who are members of the professions holding advanced degrees
or their equivalent whose services in the sciences, arts, professions,
or business are sought by an employer in the United States, including
alien physicians holding foreign medical degrees that have been deemed
sufficient for acceptance by an accredited United States medical
residency or fellowship program.
- `(B) ADVANCED DEGREES IN A STEM FIELD-
- `(i) IN GENERAL- A qualified immigrant shall be
admitted to the United States without respect to the worldwide level
specified in section 201(d) if such immigrant--
- `(I) has earned a graduate degree at the
level of master's or higher in a field of science, technology,
engineering, or mathematics from an accredited United States institution
of higher education
- `(II) has an offer of employment from a United States employer in a field related to such degree; and
- `(III) earned the qualifying graduate
degree within the 5 years immediately prior to the initial filing date
of the petition under which the nonimmigrant is a beneficiary.
- `(ii) UNITED STATES DOCTORAL INSTITUTION OF
HIGHER EDUCATION- In this subparagraph, the term `United States doctoral
institution of higher education' means an institution that--
- `(I) is described in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a)) or is a proprietary
institution of higher education (as defined in section 102(b) of such
Act (20 U.S.C. 1002(b)));
- `(II) was classified by the Carnegie
Foundation for the Advancement of Teaching on January 1, 2012, as a
doctorate-granting university with a very high or high level of research
activity or classified by the National Science Foundation after the
date of enactment of this paragraph, pursuant to an application by the
institution, as having equivalent research activity to those
institutions that had been classified by the Carnegie Foundation as
being doctorate-granting universities with a very high or high level of
research activity; and
- `(III) is accredited by an accrediting body
that is itself accredited either by the Department of Education or by
the Council for Higher Education Accreditation.
- `(C) WAIVER OF JOB OFFER-
- `(i) NATIONAL INTEREST WAIVER- Subject to
clause (ii), the Secretary of Homeland Security may, if the Secretary
deems it to be in the national interest, waive the requirements of
subparagraph (A) that an alien's services in the sciences, arts,
professions, or business be sought by an employer in the United States.
- `(ii) PHYSICIANS WORKING IN SHORTAGE AREAS OR VETERANS FACILITIES-
- `(I) IN GENERAL- The Secretary shall grant a
national interest waiver pursuant to clause (i) on behalf of any alien
physician with respect to whom a petition for preference classification
has been filed under subparagraph (A) if--
- `(II) PROHIBITION-
- `(III) STATUTORY CONSTRUCTION- Nothing
in this subparagraph may be construed to prevent the filing of a
petition with the Secretary of Homeland Security for classification
under section 204(a), by an alien physician described in subclause (I)
prior to the date by which such alien physician has completed the
service described in subclause (II) or in section 214(l).'.
- (4) EXCEPTION FROM LABOR CERTIFICATION REQUIREMENT FOR
STEM IMMIGRANTS- Section 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is
amended to read as follows:
- `(D) APPLICATION OF GROUNDS-
- `(i) IN GENERAL- Except as provided in clause
(ii), the grounds for inadmissibility of aliens under subparagraphs (A)
and (B) shall apply to immigrants seeking admission or adjustment of
status under paragraph (2) or (3) of section 203(b).
- `(ii) SPECIAL RULE FOR STEM IMMIGRANTS- The
grounds for inadmissibility of aliens under subparagraph (A) shall not
apply to an immigrant seeking admission or adjustment of status under
paragraph (2)(A)(ii) of section 203(b).'.
- (5) SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS-
- (A) IN GENERAL- Section 203(b)(3)(A) (8 U.S.C.
1153(b)(3)(A)) is amended by striking `in a number not to exceed 28.6
percent of such worldwide level, plus any visas not required for the
classes specified in paragraphs (1) and (2),' and inserting ` in a
number not to exceed 40 percent of the worldwide level authorized in
section 201(d), plus any visas not required for the class specified in
paragraph (2),'.
- (B) MEDICAL LICENSE REQUIREMENTS- Section
214(i)(2)(A) (8 U.S.C. 1184(i)(2)(A)) is amended by adding at the end
`including in the case of a medical doctor, the licensure required to
practice medicine in the United States,'.
- (C) REPEAL OF LIMITATION ON OTHER WORKERS- Section 203(b)(3) (8 U.S.C. 1153(b)(3)) is amended--
- (i) by striking subparagraph (B); and
- (ii) redesignated subparagraph (C) as subparagraph (B).
- (6) CERTAIN SPECIAL IMMIGRANTS- Section 203(b)(4) (8
U.S.C. 1153(b)(4)) is amended by striking `in a number not to exceed 7.1
percent of such worldwide level,' and inserting `in a number not to
exceed 10 percent of the worldwide level authorized in section 201(d),
plus any visas not required for the class specified in paragraph (3),'.
- (7) EMPLOYMENT CREATION- Section 203(b)(5)(A) (8 U.S.C.
1153(b)(5)(A)) is amended by striking `in a number not to exceed 7.1
percent of such worldwide level,' and inserting ` in a number not to
exceed 10 percent of the worldwide level authorized in section 201(d),
plus any visas not required for the class specified in paragraph (4),'.