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--

`(aa) the alien physician agrees to work full time as a physician practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or

`(bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency or a local, county, regional, or State department of public health determines that the alien physician's work at such facility was or will be in the public interest.

            `(II) PROHIBITION-

`(aa) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b), and the Secretary of Homeland Security may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J)), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or at a facility or facilities meeting the requirements of subclause (I)(bb).

`(bb) The 5-year service requirement of item (aa) shall be counted from the date the alien physician begins work in the shortage area in any legal status and not the date an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education.

`(cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served, nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection.

`(dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.

            `(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),'.

2307
ALLOCATION OF IMMIGRANT VISAS