S.Amdt. 3352

SA 3352. Mr. VITTER 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 225, beginning on line 17, strike all that follows
and insert the following:

TITLE V--BACKLOG REDUCTION

SEC. 501. ELIMINATION OF EXISTING BACKLOGS.

(a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C.
1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants under this
subsection for a fiscal year is equal to the sum of--

[[Page S2946]]

``(1) 480,000;
``(2) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during
the previous fiscal year;
``(3) the difference between--
``(A) the maximum number of visas authorized to be issued
under this subsection during fiscal years 2001 through 2005
minus the number of visas issued under this subsection during
those fiscal years; and
``(B) the number of visas calculated under subparagraph (A)
that were issued after fiscal year 2005.''.
(b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--Subject to paragraph (2), the worldwide
level of employment-based immigrants under this subsection
for a fiscal year is equal to the sum of--
``(A) 290,000;
``(B) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during
the previous fiscal year; and
``(C) the difference between--
``(i) the maximum number of visas authorized to be issued
under this subsection during fiscal years 2001 through 2005
and the number of visa numbers issued under this subsection
during those fiscal years; and
``(ii) the number of visas calculated under clause (i) that
were issued after fiscal year 2005.
``(2) Visas for spouses and children.--Immigrant visas
issued on or after October 1, 2004, to spouses and children
of employment-based immigrants shall not be counted against
the numerical limitation set forth in paragraph (1).''.

SEC. 502. COUNTRY LIMITS.

Section 202(a) (8 U.S.C. 1152(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``, (4), and (5)'' and inserting ``and
(4)''; and
(B) by striking ``7 percent (in the case of a single
foreign state) or 2 percent'' and inserting ``10 percent (in
the case of a single foreign state) or 5 percent''; and
(2) by striking paragraph (5).

SEC. 503. ALLOCATION OF IMMIGRANT VISAS.

(a) Preference Allocation for Family-Sponsored
Immigrants.--Section 203(a) (8 U.S.C. 1153(a)) is amended to
read as follows:
``(a) Preference Allocations for Family-Sponsored
Immigrants.--Aliens subject to the worldwide level specified
in section 201(c) for family-sponsored immigrants shall be
allocated visas as follows:
``(1) Unmarried sons and daughters of citizens.--Qualified
immigrants who are the unmarried sons or daughters of
citizens of the United States shall be allocated visas in a
quantity not to exceed the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the class specified in
paragraph (4).
``(2) Spouses and unmarried sons and daughters of permanent
resident aliens.--
``(A) In general.--Visas in a quantity not to exceed 50
percent of such worldwide level plus any visas not required
for the class specified in paragraph (1) shall be allocated
to qualified immigrants who are--
``(i) the spouses or children of an alien lawfully admitted
for permanent residence; or
``(ii) the unmarried sons or daughters of an alien lawfully
admitted for permanent residence.
``(B) Minimum percentage.--Visas allocated to individuals
described in subparagraph (A)(i) shall constitute not less
than 77 percent of the visas allocated under this paragraph.
``(3) Married sons and daughters of citizens.--Qualified
immigrants who are the married sons and daughters of citizens
of the United States shall be allocated visas in a quantity
not to exceed the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the classes specified in
paragraphs (1) and (2).
``(4) Brothers and sisters of citizens.--Qualified
immigrants who are the brothers or sisters of a citizen of
the United States who is at least 21 years of age shall be
allocated visas in a quantity not to exceed 30 percent of the
worldwide level.''.
(b) Preference Allocation for Employment-Based
Immigrants.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
(1) in paragraph (1), by striking ``28.6 percent'' and
inserting ``15 percent'';
(2) in paragraph (2)(A), by striking ``28.6 percent'' and
inserting ``15 percent'';
(3) in paragraph (3)(A)--
(A) by striking ``28.6 percent'' and inserting ``35
percent''; and
(B) by striking clause (iii);
(4) by striking paragraph (4);
(5) by redesignating paragraph (5) as paragraph (4);
(6) in paragraph (4)(A), as redesignated, by striking ``7.1
percent'' and inserting ``5 percent'';
(7) by inserting after paragraph (4), as redesignated, the
following:
``(5) Other workers.--Visas shall be made available, in a
number not to exceed 30 percent of such worldwide level, plus
any visa numbers not required for the classes specified in
paragraphs (1) through (4), to qualified immigrants who are
capable, at the time of petitioning for classification under
this paragraph, of performing unskilled labor that is not of
a temporary or seasonal nature, for which qualified workers
are determined to be unavailable in the United States.''; and
(8) by striking paragraph (6).
(c) Conforming Amendments.--
(1) Definition of special immigrant.--Section 101(a)(27)(M)
(8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to
the numerical limitations of section 203(b)(4),''.
(2) Repeal of temporary reduction in workers' visas.--
Section 203(e) of the Nicaraguan Adjustment and Central
American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note)
is repealed.

SEC. 504. RELIEF FOR MINOR CHILDREN.

(a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is
amended to read as follows:
``(2)(A)(i) Aliens admitted under section 211(a) on the
basis of a prior issuance of a visa under section 203(a) to
their accompanying parent who is an immediate relative.
``(ii) In this subparagraph, the term `immediate relative'
means a child, spouse, or parent of a citizen of the United
States (and each child of such child, spouse, or parent who
is accompanying or following to join the child, spouse, or
parent), except that, in the case of parents, such citizens
shall be at least 21 years of age.
``(iii) An alien who was the spouse of a citizen of the
United States for not less than 2 years at the time of the
citizen's death and was not legally separated from the
citizen at the time of the citizen's death, and each child of
such alien, shall be considered, for purposes of this
subsection, to remain an immediate relative after the date of
the citizen's death if the spouse files a petition under
section 204(a)(1)(A)(ii) before the earlier of--
``(I) 2 years after such date; or
``(II) the date on which the spouse remarries.
``(iv) In this clause, an alien who has filed a petition
under clause (iii) or (iv) of section 204(a)(1)(A) remains an
immediate relative if the United States citizen spouse or
parent loses United States citizenship on account of the
abuse.
``(B) Aliens born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.''.
(b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C. 1154
(a)(1)(A)(ii)) is amended by striking ``in the second
sentence of section 201(b)(2)(A)(i) also'' and inserting ``in
section 201(b)(2)(A)(iii) or an alien child or alien parent
described in the 201(b)(2)(A)(iv)''.

SEC. 505. SHORTAGE OCCUPATIONS.

(a) Exception to Direct Numerical Limitations.--Section
201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the
end the following new subparagraph:
``(F)(i) During the period beginning on the date of the
enactment the Comprehensive Immigration Reform Act of 2006
and ending on September 30, 2017, an alien--
``(I) who is otherwise described in section 203(b); and
``(II) who is seeking admission to the United States to
perform labor in shortage occupations designated by the
Secretary of Labor for blanket certification under section
212(a)(5)(A) due to the lack of sufficient United States
workers able, willing, qualified, and available for such
occupations and for which the employment of aliens will not
adversely affect the terms and conditions of similarly
employed United States workers.
``(ii) During the period described in clause (i), the
spouse or dependents of an alien described in clause (i), if
accompanying or following to join such alien.''.
(b) Exception to Nondiscrimination Requirements.--Section
202(a)(1)(A) (8 U.S.C. 1152(a)(1)(A)) is amended by striking
``201(b)(2)(A)(i)'' and inserting ``201(b)''.
(c) Exception to Per Country Levels for Family-Sponsored
and Employment-Based Immigrants.--Section 202(a)(2) (8 U.S.C.
1152(a)(2)), as amended by section 502(1), is further amended
by inserting ``, except for aliens described in section
201(b),'' after ``any fiscal year''.
(d) Increasing the Domestic Supply of Nurses and Physical
Therapists.--Not later than January 1, 2007, the Secretary of
Health and Human Services shall--
(1) submit to Congress a report on the source of newly
licensed nurses and physical therapists in each State, which
report shall--
(A) include the past 3 years for which data are available;
(B) provide separate data for each occupation and for each
State;
(C) separately identify those receiving their initial
license and those licensed by endorsement from another State;
(D) within those receiving their initial license in each
year, identify the number who received their professional
education in the United States and those who received such
education outside the United States; and
(E) to the extent possible, identify, by State of residence
and country of education, the number of nurses and physical
therapists who were educated in any of the 5 countries (other
than the United States) from which the most nurses and
physical therapists arrived;
(F) identify the barriers to increasing the supply of
nursing faculty, domestically trained nurses, and
domestically trained physical therapists;

[[Page S2947]]

(G) recommend strategies to be followed by Federal and
State governments that would be effective in removing such
barriers, including strategies that address barriers to
advancement to become registered nurses for other health care
workers, such as home health aides and nurses assistants;
(H) recommend amendments to Federal legislation that would
increase the supply of nursing faculty, domestically trained
nurses, and domestically trained physical therapists;
(I) recommend Federal grants, loans, and other incentives
that would provide increases in nurse educators, nurse
training facilities, and other steps to increase the domestic
education of new nurses and physical therapists;
(J) identify the effects of nurse emigration on the health
care systems in their countries of origin; and
(K) recommend amendments to Federal law that would minimize
the effects of health care shortages in the countries of
origin from which immigrant nurses arrived;
(2) enter into a contract with the National Academy of
Sciences Institute of Medicine to determine the level of
Federal investment under titles VII and VIII of the Public
Health Service Act necessary to eliminate the domestic
nursing and physical therapist shortage not later than 7
years from the date on which the report is published; and
(3) collaborate with other agencies, as appropriate, in
working with ministers of health or other appropriate
officials of the 5 countries from which the most nurses and
physical therapists arrived, to--
(A) address health worker shortages caused by emigration;
(B) ensure that there is sufficient human resource planning
or other technical assistance needed to reduce further health
worker shortages in such countries.

SEC. 506. RELIEF FOR WIDOWS AND ORPHANS.

(a) Short Title.--This section may be cited as the ``Widows
and Orphans Act of 2006''.
(b) New Special Immigrant Category.--
(1) Certain children and women at risk of harm.--Section
101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
(A) in subparagraph (L), by inserting a semicolon at the
end;
(B) in subparagraph (M), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(N) subject to subsection (j), an immigrant who is not
present in the United States--
``(i) who is--

``(I) referred to a consular, immigration, or other
designated official by a United States Government agency, an
international organization, or recognized nongovernmental
entity designated by the Secretary of State for purposes of
such referrals; and
``(II) determined by such official to be a minor under 18
years of age (as determined under subsection (j)(5))--

``(aa) for whom no parent or legal guardian is able to
provide adequate care;
``(bb) who faces a credible fear of harm related to his or
her age;
``(cc) who lacks adequate protection from such harm; and
``(dd) for whom it has been determined to be in his or her
best interests to be admitted to the United States; or
``(ii) who is--

``(I) referred to a consular or immigration official by a
United States Government agency, an international
organization or recognized nongovernmental entity designated
by the Secretary of State for purposes of such referrals; and
``(II) determined by such official to be a female who has--

``(aa) a credible fear of harm related to her sex; and
``(bb) a lack of adequate protection from such harm.''.
(2) Statutory construction.--Section 101 (8 U.S.C. 1101) is
amended by adding at the end the following:
``(j)(1) No natural parent or prior adoptive parent of any
alien provided special immigrant status under subsection
(a)(27)(N)(i) shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this Act.
``(2)(A) No alien who qualifies for a special immigrant
visa under subsection (a)(27)(N)(ii) may apply for derivative
status or petition for any spouse who is represented by the
alien as missing, deceased, or the source of harm at the time
of the alien's application and admission. The Secretary of
Homeland Security may waive this requirement for an alien who
demonstrates that the alien's representations regarding the
spouse were bona fide.
``(B) An alien who qualifies for a special immigrant visa
under subsection (a)(27)(N) may apply for derivative status
or petition for any sibling under the age of 18 years or
children under the age of 18 years of any such alien, if
accompanying or following to join the alien. For purposes of
this subparagraph, a determination of age shall be made using
the age of the alien on the date the petition is filed with
the Department of Homeland Security.
``(3) An alien who qualifies for a special immigrant visa
under subsection (a)(27)(N) shall be treated in the same
manner as a refugee solely for purposes of section 412.
``(4) The provisions of paragraphs (4), (5), and (7)(A) of
section 212(a) shall not be applicable to any alien seeking
admission to the United States under subsection (a)(27)(N),
and the Secretary of Homeland Security may waive any other
provision of such section (other than paragraph 2(C) or
subparagraph (A), (B), (C), or (E) of paragraph (3) with
respect to such an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest.
Any such waiver by the Secretary of Homeland Security shall
be in writing and shall be granted only on an individual
basis following an investigation. The Secretary of Homeland
Security shall provide for the annual reporting to Congress
of the number of waivers granted under this paragraph in the
previous fiscal year and a summary of the reasons for
granting such waivers.
``(5) For purposes of subsection (a)(27)(N)(i)(II), a
determination of age shall be made using the age of the alien
on the date on which the alien was referred to the consular,
immigration, or other designated official.
``(6) The Secretary of Homeland Security shall waive any
application fee for a special immigrant visa for an alien
described in section 101(a)(27)(N).''.
(3) Expedited process.--Not later than 45 days after the
date of referral to a consular, immigration, or other
designated official (as described in section 101(a)(27)(N) of
the Immigration and Nationality Act, as added by paragraph
(1))--
(A) special immigrant status shall be adjudicated; and
(B) if special immigrant status is granted, the alien shall
be paroled to the United States pursuant to section 212(d)(5)
of that Act (8 U.S.C. 1182(d)(5)) and allowed to apply for
adjustment of status to permanent residence under section 245
of that Act (8 U.S.C. 1255) within 1 year after the alien's
arrival in the United States.
(4) Report to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit
a report to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives on the progress of the implementation of this
section and the amendments made by this section, including--
(A) data related to the implementation of this section and
the amendments made by this section;
(B) data regarding the number of placements of females and
children who faces a credible fear of harm as referred to in
section 101(a)(27)(N) of the Immigration and Nationality Act,
as added by paragraph (1); and
(C) any other information that the Secretary considers
appropriate.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection and the amendments made by this subsection.
(c) Requirements for Aliens.--
(1) Requirement prior to entry into the untied states.--
(A) Database search.--An alien may not be admitted to the
United States unless the Secretary has ensured that a search
of each database maintained by an agency or department of the
United States has been conducted to determine whether such
alien is ineligible to be admitted to the Untied States on
criminal, security, or related grounds.
(B) Cooperation and schedule.--The Secretary and the head
of each appropriate agency or department of the United States
shall work cooperatively to ensure that each database search
required by subparagraph (A) is completed not later than 45
days after the date on which an alien files a petition
seeking a special immigration visa under section
101(a)(27)(N) of the Immigration and Nationality Act, as
added by subsection (b)(1).
(2) Requirement after entry into the united states.--
(A) Requirement to submit fingerprints.--
(i) In general.--Not later than 30 days after the date that
an alien enters the United States, the alien shall be
fingerprinted and submit to the Secretary such fingerprints
and any other personal biometric data required by the
Secretary.
(ii) Other requirements.--The Secretary may prescribe
regulations that permit fingerprints submitted by an alien
under section 262 of the Immigration and Nationality Act (8
U.S.C. 1302) or any other provision of law to satisfy the
requirement to submit fingerprints of clause (i).
(B) Database search.--The Secretary shall ensure that a
search of each database that contains fingerprints that is
maintained by an agency or department of the United States be
conducted to determine whether such alien is ineligible for
an adjustment of status under any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on
criminal, security, or related grounds.
(C) Cooperation and schedule.--The Secretary and the head
of each appropriate agency or department of the United States
shall work cooperatively to ensure that each database search
required by subparagraph (B) is completed not later than 180
days after the date on which the alien enters the United
States.
(D) Administrative and judicial review.--
(i) In general.--There may be no review of a determination
by the Secretary, after a search required by subparagraph
(B), that an alien is ineligible for an adjustment of status,
under any provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) on criminal, security, or related
grounds except as provided in this subparagraph.

[[Page S2948]]

(ii) Administrative review.--An alien may appeal a
determination described in clause (i) through the
Administrative Appeals Office of the Bureau of Citizenship
and Immigration Services. The Secretary shall ensure that a
determination on such appeal is made not later than 60 days
after the date that the appeal is filed.
(iii) Judicial review.--There may be no judicial review of
a determination described in clause (i).

SEC. 507. STUDENT VISAS.

(a) In General.--Section 101(a)(15)(F) (8 U.S.C.
1101(a)(15)(F)) is amended--
(1) in clause (i)--
(A) by striking ``he has no intention of abandoning, who
is'' and inserting the following: ``except in the case of an
alien described in clause (iv), the alien has no intention of
abandoning, who is--
``(I)'';
(B) by striking ``consistent with section 214(l)'' and
inserting ``(except for a graduate program described in
clause (iv)) consistent with section 214(m)'';
(C) by striking the comma at the end and inserting the
following: ``; or
``(II) engaged in temporary employment for optional
practical training related to the alien's area of study,
which practical training shall be authorized for a period or
periods of up to 24 months;'';
(2) in clause (ii)--
(A) by inserting ``or (iv)'' after ``clause (i)''; and
(B) by striking ``, and'' and inserting a semicolon;
(3) in clause (iii), by adding ``and'' at the end; and
(4) by adding at the end 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 an advanced
degree.''.
(b) 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), (L), or (V)''.
(c) Requirements for F-4 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 section
101(a)(15)(F)(iv) 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.''.
(d) Off Campus Work Authorization for Foreign Students.--
(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--
(A) the alien has enrolled full time at the educational
institution and is maintaining good academic standing;
(B) the employer provides the educational institution and
the Secretary of Labor with an attestation that the
employer--
(i) has spent at least 21 days recruiting United States
citizens to fill the position; and
(ii) will pay the alien and other similarly situated
workers at a rate equal to not less than the greater of--

(I) the actual wage level for the occupation at the place
of employment; or
(II) the prevailing wage level for the occupation in the
area of employment; and

(C) the alien will not be employed more than--
(i) 20 hours per week during the academic term; or
(ii) 40 hours per week during vacation periods and between
academic terms.
(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).
(e) Adjustment of Status.--Section 245(a) (8 U.S.C.
1255(a)) is amended to read as follows:
``(a) Authorization.--
``(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--
``(A) the alien makes an application for such adjustment;
``(B) the alien is eligible to receive an immigrant visa;
``(C) the alien is admissible to the United States for
permanent residence; and
``(D) an immigrant visa is immediately available to the
alien at the time the application is filed.
``(2) Student visas.--Notwithstanding the requirement under
paragraph (1)(D), an alien may file an application for
adjustment of status under this section if--
``(A) the alien has been issued a visa or otherwise
provided nonimmigrant status under section 101(a)(15)(F)(iv),
or would have qualified for such nonimmigrant status if
section 101(a)(15)(F)(iv) had been enacted before such
alien's graduation;
``(B) the alien has earned an advanced degree 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.''.
(f) Use of Fees.--
(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.
(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.

SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

(a) Aliens With Certain Advanced Degrees Not Subject to
Numerical Limitations on Employment Based Immigrants.--
(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:
``(G) Aliens who have earned an advanced degree 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).
``(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).
``(I) The spouse and minor children of an alien who is
admitted as an employment-based immigrant under section
203(b).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification.--Section 212(a)(5)(A)(ii) (8
U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:

``(III) has an advanced degree 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.''.

(c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g))
is amended--
(1) in paragraph (1)--
(A) by striking ``(beginning with fiscal year 1992)''; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking ``each succeeding fiscal
year; or'' and inserting ``each of fiscal years 2004, 2005,
and 2006;''; and
(ii) by adding after clause (vii) the following:
``(viii) 115,000 in the first fiscal year beginning after
the date of the enactment of this clause; and
``(ix) the number calculated under paragraph (9) in each
fiscal year after the year described in clause (viii); or'';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(D) has earned an advanced degree in science, technology,
engineering, or math.'';
(3) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
``(9) If the numerical limitation in paragraph (1)(A)--
``(A) is reached during a given fiscal year, the numerical
limitation under paragraph (1)(A)(ix) for the subsequent
fiscal year shall be equal to 120 percent of the numerical
limitation of the given fiscal year; or
``(B) is not reached during a given fiscal year, the
numerical limitation under paragraph (1)(A)(ix) for the
subsequent fiscal year shall be equal to the numerical
limitation of the given fiscal year.''.
(d) Applicability.--The amendment made by subsection (c)(2)
shall apply to any visa application--

[[Page S2949]]

(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
______