S.Amdt. 4071
What it does: 3 changes: replaces text in 3 placesWhat it changes
3 changes to S. 2611
The Congressional Record cuts off the end of this amendment, so some changes may be missing.
Change 1: Rewrites page 336, line 14 through “(d)” on page 337, line 19
ReplacesPrinted pageRemoves page 336, line 14 through “(d)” on page 337, line 19 of the printed bill. See that page
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 (except in the case of an alien described in clause (ii)) 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 Secretary of State, 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 the sciences, technology, engineering, or mathematics in the United States for the purpose of obtaining an advanced degree.".
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;
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
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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 has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(J)(ii), or who would have qualified for such nonimmigrant status if section 101(a)(15)(J)(ii) had been enacted before the completion of such alien's graduate studies, shall not be subject to the 2-year foreign residency requirement under this subsection.".
Inserted: (f)
Original wording
On page 336, strike line 14 and all that follows through “(d)” on page 337, line 19, and insert the following:
Change 2: Replaces “(e)” with “(g)”
[struck: (e)][inserted: (g)]Original wording
On page 339, line 10, strike “(e)” and insert “(g)”.
Change 3: Rewrites page 340, line 12 through “(f)” on page 341, line 5
ReplacesPrinted pageRemoves page 340, line 12 through “(f)” on page 341, line 5 of the printed bill. See that page
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 the completion of such alien's graduate studies;
Inserted: (B) the alien has earned an advanced degree 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)
Original wording
On page 340, strike line 12 and all that follows through “(f)” on page 341, line 5, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4071. Mr. BOND (for himself and Mr. Gregg) submitted an amendment intended to be proposed by him to the bill S. 2611, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 336, strike line 14 and all that follows through “(d)” on page 337, line 19, and insert the following:
(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 (except in the case of an alien described in clause (ii)) 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 Secretary of State, 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 the sciences, technology, engineering, or mathematics in the United States for the purpose of obtaining an advanced degree.”.
(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;
“(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 has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(J)(ii), or who would have qualified for such nonimmigrant status if section 101(a)(15)(J)(ii) had been enacted before the completion of such alien's graduate studies, shall not be subject to the 2-year foreign residency requirement under this subsection.”.
(f)
On page 339, line 10, strike “(e)” and insert “(g)”.
On page 340, strike line 12 and all that follows through “(f)” on page 341, line 5, 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 the completion of such alien's graduate studies;
“(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.”.
(h)
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Senate amendment submitted
May 18, 2006