S.Amdt. 3355Senate109th Congress (2005-2007)

S.Amdt. 3355

What it does: 2 changes: replaces text, inserts text
Submitted April 5, 2006

What it changes

2 changes to S. 2454

Replaces textInserts text
  1. Change 1: Rewrites page 320, lines 17–20

    ReplacesPrinted page

    Removes page 320, lines 17–20 of the printed bill. See that page

    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: (4) Filing in cases of unavailable visa numbers.--Subject to the limitation described in paragraph (3), if a supplemental petition fee is paid for a petition under subparagraph (E) or (F) of section 204(a)(1), an application under paragraph (1) on behalf of an alien that is a beneficiary of the petition (including a spouse or child who is accompanying or following to join the beneficiary) may be filed without regard to the requirement under paragraph (1)(D).

    Inserted: (5) Pending applications.--Subject to the limitation described in paragraph (3), if a petition under subparagraph (E) or (F) of section 204(a)(1) is pending or approved as of the date of enactment of this paragraph, on payment of the supplemental petition fee under that section, the alien that is the beneficiary of the petition may submit an application for adjustment of status under this subsection without regard to the requirement under paragraph (1)(D).

    Inserted: (6) Employment authorizations and advanced parole travel documentation.--The Attorney General shall--

    Inserted: (A) provide to any immigrant who has submitted an application for adjustment of status under this subsection not less than 3 increments, the duration of each of which shall be not less than 3 years, for any applicable employment authorization or advanced parole travel document of the immigrant; and

    Inserted: (B) adjust each applicable fee payment schedule in accordance with the increments provided under subparagraph (A) so that 1 fee for each authorization or document is required for each 3-year increment.

    Original wording

    On page 320, strike lines 17 through 20 and insert the following:

  2. Change 2: Inserts new text on page 324, line 22

    Inserted: (e) Temporary Worker Visa Duration.--Section 106 of the American Competitiveness in the Twenty-First Century Act of 2000 (Public Law 106-313; 114 Stat. 1254) is amended by striking subsection (b) and inserting the following:

    Inserted: "(b) Extension of H-1B Worker Status.--The Attorney General shall--

    Inserted: "(1) extend the stay of an alien who qualifies for an exemption under subsection (a) in not less than 3 increments, the duration of each of which shall be not less than 3 years, until such time as a final decision is made with respect to the lawful permanent residence of the alien; and

    Inserted: "(2) adjust each applicable fee payment schedule in accordance with the increments provided under paragraph (1) so that 1 fee is required for each 3-year increment.".

    Original wording

    On page 324, after line 22, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3355. Mr. ALEXANDER (for himself and Mr. Bingaman) submitted an amendment intended to be proposed by him 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 320, strike lines 17 through 20 and insert the following:

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

“(4) Filing in cases of unavailable visa numbers.--Subject to the limitation described in paragraph (3), if a supplemental petition fee is paid for a petition under subparagraph (E) or (F) of section 204(a)(1), an application under paragraph (1) on behalf of an alien that is a beneficiary of the petition (including a spouse or child who is accompanying or following to join the beneficiary) may be filed without regard to the requirement under paragraph (1)(D).

“(5) Pending applications.--Subject to the limitation described in paragraph (3), if a petition under subparagraph (E) or (F) of section 204(a)(1) is pending or approved as of the date of enactment of this paragraph, on payment of the supplemental petition fee under that section, the alien that is the beneficiary of the petition may submit an application for adjustment of status under this subsection without regard to the requirement under paragraph (1)(D).

“(6) Employment authorizations and advanced parole travel documentation.--The Attorney General shall--

“(A) provide to any immigrant who has submitted an application for adjustment of status under this subsection not less than 3 increments, the duration of each of which shall be not less than 3 years, for any applicable employment authorization or advanced parole travel document of the immigrant; and

“(B) adjust each applicable fee payment schedule in accordance with the increments provided under subparagraph (A) so that 1 fee for each authorization or document is required for each 3-year increment.”.

On page 324, after line 22, insert the following:

(e) Temporary Worker Visa Duration.--Section 106 of the American Competitiveness in the Twenty-First Century Act of 2000 (Public Law 106-313; 114 Stat. 1254) is amended by striking subsection (b) and inserting the following:

“(b) Extension of H-1B Worker Status.--The Attorney General shall--

“(1) extend the stay of an alien who qualifies for an exemption under subsection (a) in not less than 3 increments, the duration of each of which shall be not less than 3 years, until such time as a final decision is made with respect to the lawful permanent residence of the alien; and

“(2) adjust each applicable fee payment schedule in accordance with the increments provided under paragraph (1) so that 1 fee is required for each 3-year increment.”.

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Senate amendment submitted

April 5, 2006