S.Amdt. 3349

1. Rewrites page 316, line 2 through page 323, line 24

   ReplacesPrinted page

   Removes page 316, line 2 through page 323, line 24 of the printed bill. See that page

   Inserted: (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.

   Inserted: (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:

   Inserted: "(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--

   Inserted: "(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

   Inserted: "(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.".

   Inserted: (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)".

   Inserted: (d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8 U.S.C. 1184(m)) is amended--

   Inserted: (1) by inserting before paragraph (1) the following:

   Inserted: "(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students.--"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(3) A visa issued to an alien under subparagraph (F)(iv) or (J)(ii) of section 101(a)(15) shall be valid--

   Inserted: "(A) during the intended period of study in a graduate program described in such section;

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   Inserted: "(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

   Inserted: "(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.".

   Inserted: (e) Waiver of Foreign Residence Requirement.--Section 212(e) (8 U.S.C. 1182(e)) is amended--

   Inserted: (1) by inserting "(1)" before "No person";

   Inserted: (2) by striking "admission (i) whose" and inserting the following: "admission--

   Inserted: "(A) whose";

   Inserted: (3) by striking "residence, (ii) who" and inserting the following: "residence;

   Inserted: "(B) who";

   Inserted: (4) by striking "engaged, or (iii) who" and inserting the following: "engaged; or

   Inserted: "(C) who";

   Inserted: (5) by striking "training, shall" and inserting the following: "training, "shall";

   Inserted: (6) by striking "United States: Provided, That upon" and inserting the following: "United States.

   Inserted: "(2) Upon";

   Inserted: (7) by striking "section 214(l): And provided further, That, except" and inserting the following: "section 214(l).

   Inserted: "(3) Except"; and

   Inserted: (8) by adding at the end the following:

   Inserted: "(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.".

   Inserted: (f) Off Campus Work Authorization for Foreign Students.--

   Inserted: (1) In general.--Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--

   Inserted: (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;

   Inserted: (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--

   Inserted: (i) has spent at least 21 days recruiting United States citizens to fill the position; and

   Inserted: (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--

   Inserted: (I) the actual wage level for the occupation at the place of employment; or

   Inserted: (II) the prevailing wage level for the occupation in the area of employment; and

   Inserted: (C) the alien will not be employed more than--

   Inserted: (i) 20 hours per week during the academic term; or

   Inserted: (ii) 40 hours per week during vacation periods and between academic terms.

   Inserted: (2) Disqualification.--If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).

   Inserted: (g) Adjustment of Status.--Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:

   Inserted: "(a) Authorization.--

   Inserted: "(1) In general.--The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

   Inserted: "(A) the alien makes an application for such adjustment;

   Inserted: "(B) the alien is eligible to receive an immigrant visa;

   Inserted: "(C) the alien is admissible to the United States for permanent residence; and

   Inserted: "(D) an immigrant visa is immediately available to the alien at the time the application is filed.

   Inserted: "(2) Student visas.--Notwithstanding the requirement under paragraph (1)(D), an alien may file an application for adjustment of status under this section if--

   Inserted: "(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;

   Inserted: "(B) the alien has earned a master's or doctorate degree or completed post-doctoral studies in the sciences, technology, engineering, or mathematics;

   Inserted: "(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

   Inserted: "(D) a fee of $2,000 is remitted to the Secretary on behalf of the alien.

   Inserted: "(3) Limitation.--An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.".

   Inserted: (h) Use of Fees.--

   Inserted: (1) Job training; scholarships.--Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting "and 80 percent of the fees collected under section 245(a)(2)(D)" before the period at the end.

   Inserted: (2) Fraud prevention and detection.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting "and 20 percent of the fees collected under section 245(a)(2)(D)" before the period at the end.

   Inserted: SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

   Inserted: (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants.--

   Inserted: (1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

   Inserted: "(G) Aliens who have earned a master's or doctorate degree, or completed post-doctoral studies, in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

   Inserted: "(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

   Inserted: "(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).".

   Inserted: (2) Applicability.--The amendment made by paragraph (1) shall apply to any visa application--

   Inserted: (A) pending on the date of the enactment of this Act; or

   Inserted: (B) filed on or after such date of enactment.

   Inserted: (b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

   Inserted: (1) in subclause (I), by striking "or" at the end;

   Inserted: (2) in subclause (II), by striking the period at the end and inserting "; or"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(III) has a master's or doctorate degree, or completed post-doctoral studies, in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.".

   Inserted: (c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) is amended--

   Inserted: (1) in paragraph (1)--

   Inserted: (A) by striking "(beginning with fiscal year 1992)"; and

   Inserted: (B) in subparagraph (A)--

   Inserted: (i) in clause (vii), by striking "each succeeding fiscal year; or" and inserting "each of fiscal years 2004, 2005, and 2006;"; and

   Inserted: (ii) by adding after clause (vii) the following:

   Inserted: "(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and

   Inserted: "(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or";

   Inserted: (2) in paragraph (5)--

   Inserted: (A) in subparagraph (B), by striking "or" at the end;

   Inserted: (B) in subparagraph (C), by striking the period at the end and inserting "; or"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(D) has earned a master's or doctorate degree, or completed post-doctoral studies, in science, technology, engineering, or math.";

   Original wording

   On page 316, strike line 2 and all that follows through page 323, line 24, and insert the following:

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As printed