S.Amdt. 4058

1. 1

   Change 1: Rewrites page 315, line 7 through page 316, line 5

   ReplacesPrinted page

   Removes page 315, line 7 through page 316, line 5 of the printed bill. See that page

   Inserted: (A)(i) for each of fiscal years 2007 through 2016, 450,000; or

   Inserted: (ii) for fiscal year 2017 and each subsequent fiscal year, 290,000; and

   Inserted: (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.

   Inserted: (2) Recapture of unused employment-based immigrant visas for fiscal years 2001 through 2005.--

   Inserted: (A) In general.--Beginning in fiscal year 2006, the number of employment-based visas made available for immigrants described in paragraph (1), (2), or (3) of section 203(b) during any fiscal year, as calculated under paragraph (1), shall be increased by the number described in subparagraph (B).

   Inserted: (B) Additional number.--

   Inserted: (i) In general.--Subject to clause (ii), the number referred to in subparagraph (A) shall be equal to the sum of--

   Inserted: (I) the difference between--

   Inserted: (aa) the number of employment-based visas made available during the period of fiscal years 2001 through 2005; and

   Inserted: (bb) the number of employment-based visas actually used during that period; and

   Inserted: (II) the number of immigrant visas issued after September 30, 2004, to spouses and children of employment-based immigrants that were counted for purposes of paragraph (1)(B).

   Inserted: (ii) Reduction.--For fiscal year 2007 and each fiscal year thereafter, the number described in clause (i) shall be reduced by the number of employment-based visas actually used under subparagraph (A) during the preceding fiscal year.

   Original wording

   Beginning on page 315, strike line 7 and all that follows through page 316, line 5, and insert the following:

2. 2

   Change 2: Rewrites page 316, lines 6–15

   ReplacesPrinted page

   Removes page 316, lines 6–15 of the printed bill. See that page

   Inserted: SEC. 502. COUNTRY LIMITS.

   Inserted: Section 202(a) (8 U.S.C. 1152(a)) is amended 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".

   Original wording

   On page 316, strike lines 6 through 15 and insert the following:

3. 3

   Change 3: Rewrites page 341, lines 1–4

   ReplacesPrinted page

   Removes page 341, lines 1–4 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 341, strike lines 1 through 4 and insert the following:

4. 4

   Change 4: Rewrites page 341, line 23 through page 342, line 4

   ReplacesPrinted page

   Removes page 341, line 23 through page 342, line 4 of the printed bill. See that page

   Inserted: (G) Aliens who have earned an advanced degree in science, technology, engineering, or math and are employed in a related field.

   Original wording

   Beginning on page 341, strike line 23 and all that follows through page 342, line 4, and insert the following:

5. 5

   Change 5: Inserts new text on page 345, between lines 5 and 6

   InsertsPrinted page

   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 345, between lines 5 and 6, insert the following:

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

As printed