S.Amdt. 3226

SA 3226. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 316, strike line 2 and all that follows through
``(d)'' on page 317, line 12, and insert the following:
``(iv) an alien described in clause (i) who has been
accepted and plans to attend an accredited graduate program
in mathematics, engineering, technology, or the sciences in
the United States for the purpose of obtaining a master's or
doctorate degree or pursuing post-doctoral studies.''.
(b) Creation of J-STEM Visa Category.--Section
101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as
follows:
``(J) an alien with a residence in a foreign country that
the alien has no intention of abandoning who is a bona fide
student, scholar, trainee, teacher, professor, research
assistant, specialist, or leader in a field of specialized
knowledge or skill, or other person of similar description,
and who--
``(i) is coming temporarily to the United States as a
participant in a program (other than a graduate program
described in clause (ii))designated by the Director of the
United States Information Agency, for the purpose of
teaching, instructing or lecturing, studying, observing,
conducting research, consulting, demonstrating special
skills, or receiving training and who, if coming to the
United States to participate in a program under which the
alien will receive graduate medical education or training,
also meets the requirements of section 212(j), and the alien
spouse and minor children of any such alien if accompanying
the alien or following to join the alien; or
``(ii) has been accepted and plans to attend an accredited
graduate program in mathematics, engineering, technology, or
the physical or life sciences in the United States for the
purpose of obtaining a master's or doctorate degree or
pursuing post-doctoral studies.''.
(c) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C.
1184(b)) is amended by striking ``subparagraph (L) or (V)''
and inserting ``subparagraph (F)(iv), (J)(ii), (L), or (V)''.
(d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8
U.S.C. 1184(m)) is amended--
(1) by inserting before paragraph (1) the following:
``(m) Nonimmigrant Elementary, Secondary, and Post-
Secondary School Students.--''; and
(2) by adding at the end the following:
``(3) A visa issued to an alien under subparagraph (F)(iv)
or (J)(ii) of section 101(a)(15) shall be valid--
``(A) during the intended period of study in a graduate
program described in such section;
``(B) for an additional period, not to exceed 1 year after
the completion of the graduate program, if the alien is
actively pursuing an offer of employment related to the
knowledge and skills obtained through the graduate program;
and
``(C) for the additional period necessary for the
adjudication of any application for labor certification,
employment-based immigrant petition, and application under
section 245(a)(2) to adjust such alien's status to that of an
alien lawfully admitted for permanent residence, if such
application for labor certification or employment-based
immigrant petition has been filed not later than 1 year after
the completion of the graduate program.''.
(e) Waiver of Foreign Residence Requirement.--Section
212(e) (8 U.S.C. 1182(e)) is amended--
(1) by inserting ``(1)'' before ``No person'';
(2) by striking ``admission (i) whose'' and inserting the
following: ``admission--
``(A) whose'';
(3) by striking ``residence, (ii) who'' and inserting the
following: ``residence;

[[Page S2746]]

``(B) who'';
(4) by striking ``engaged, or (iii) who'' and inserting the
following: ``engaged; or
``(C) who'';
(5) by striking ``training, shall'' and inserting the
following: ``training,
``shall'';
(6) by striking ``United States: Provided, That upon'' and
inserting the following: ``United States.
``(2) Upon'';
(7) by striking ``section 214(l): And provided further,
That, except'' and inserting the following: ``section 214(l).
``(3) Except''; and
(8) by adding at the end the following:
``(4) An alien who qualifies for adjustment of status under
section 214(m)(3)(C) shall not be subject to the 2-year
foreign residency requirement under this subsection.''.
(f)
On page 319, line 1, strike ``(e)'' and insert ``(g)''.
On page 320, strike line 3 and all that follows through
``(f)'' on line 21, and insert the following:
``(A) the alien has been issued a visa or otherwise
provided nonimmigrant status under subparagraph (J)(ii) or
(F)(iv) of section 101(a)(15), or would have qualified for
such nonimmigrant status if subparagraph (J)(ii) or (F)(iv)
of section 101(a)(15) had been enacted before such alien's
graduation;
``(B) the alien has earned a master's or doctorate degree
or completed post-doctoral studies in the sciences,
technology, engineering, or mathematics;
``(C) the alien is the beneficiary of a petition filed
under subparagraph (E) or (F) of section 204(a)(1); and
``(D) a fee of $2,000 is remitted to the Secretary on
behalf of the alien.
``(3) Limitation.--An application for adjustment of status
filed under this section may not be approved until an
immigrant visa number becomes available.''.
(h)
On page 321, lines 14 and 15, strike ``an advanced degree''
and insert ``a master's or doctorate degree, or completed
post-doctoral studies,''.
On page 322, line 18, strike ``an advanced degree'' and
insert ``a master's or doctorate degree, or completed post-
doctoral studies,''.
On page 323, line 23, strike ``an advanced degree'' and
insert ``a master's or doctorate degree, or completed post-
doctoral studies,''.
______