S.Amdt. 1889

SA 1889. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 526, strike line 3 and all that follows through page 529, line 12, and insert the following:

“(A) The merit-based evaluation system shall initially consist of the following criteria and weights:

------------------------------------------------------------------------Maximum “Category Description points

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“Employment ....................... 47

Occupation U.S. employment in specialty occupation. (as defined by the Department of Labor)-20 pts. U.S. employment in high demand occupation (the 30 occupations that have grown the most in the preceding 10-year period, as determined by the Bureau of Labor Statistics)-16 pts.

National interest/critical U.S. employment in STEM

infrastructure or health occupation, current for at least 1 year-8 pts (extraordinary or ordinary).

Employer endorsement A U.S. employer willing to pay 50% of a legal permanent resident's application fee either 1) offers a job, or 2) attests for a current employee-6 pts.

Experience Years of work for U.S. firm-2 pts/year. (max 10 points).......

Age of worker Worker's age: 25-39-3 pts.

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“Education M.D., M.B.A., Graduate 28

(terminal degree) degree, etc.-20 pts. Bachelor's Degree-16 pts. Associate's Degree-10 pts. High school diploma or GED-6 pts. Completed certified Perkins Vocational Education program-5 pts. Completed Department of Labor Registered Apprenticeship-8 pts. STEM, associates and above-8 pts.

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“English and civics Native speaker of 15 English or. TOEFL score of 75 or higher-15 pts. TOEFL score of 60-74-10 pts. Pass USCIS Citizenship Tests in English & Civics-6 pts.

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“Extended family Adult (21 or older) son 10

(Applied if threshold of 55 in or daughter of United

above categories) States citizen-8 pts. Adult (21 or older) son or daughter of a legal permanent resident-6 pts. Sibling of United States citizen or LPR-4 pts. If had applied for a family visa in any of the above categories after May 1, 2005-2 pts.

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“Total ....................... 100

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“(B) The Secretary of Homeland Security, after consultation with the Secretary of Commerce and the Secretary of Labor, shall establish procedures to adjudicate petitions filed pursuant to the merit-based evaluation system. The Secretary may establish a time period in a fiscal year in which such petitions must be submitted.

“(C) The Standing Commission on Immigration and Labor Markets established pursuant to section 412 of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 shall submit recommendations to Congress concerning the establishment of procedures for modifying the selection criteria and relative weights accorded such criteria in order to ensure that the merit-based evaluation system corresponds to the current needs of the United States economy and the national interest.

“(D) No modifications to the selection criteria and relative weights accorded such criteria that are established by the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 should take effect earlier than the sixth fiscal year in which aliens described in section 101(a)(15)(Z) are eligible for an immigrant visa.

“(E) The application of the selection criteria to any particular visa petition or application pursuant to the merit-based evaluation system shall be within the Secretary's sole and unreviewable discretion.

“(F) Any petition filed pursuant to this paragraph that has not been found by the Secretary to have qualified in the merit-based evaluation system shall be deemed denied on the first day of the third fiscal year following the date on which such petition was filed. Such denial shall not preclude the petitioner from filing a successive petition pursuant to this paragraph. Notwithstanding this paragraph, the Secretary may deny a petition when denial is appropriate under other provisions of law, including section 204(c).

“(G) Notwithstanding any other provision of this Act, an alien seeking Z nonimmigrant status pursuant to section 101(a)(15)(Z) shall--

“(i) be subject to the requirements of the merit-based evaluation system in the same manner and to the same extent as aliens seeking visas under this section; and

“(ii) shall be exempt from the worldwide level of merit-based, special, and employment creation immigrants provided under section 201(d).”.