S.Amdt. 2143

1. Adds SEC. __. EMPLOYMENT-BASED VISAS wherever appropriate

   Adds a section

   Inserted: SEC. __. EMPLOYMENT-BASED VISAS.

   Inserted: (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

   Inserted: (1) in paragraph (1)--

   Inserted: (A) by inserting "1996, 1997," after "available in fiscal year";

   Inserted: (B) by striking "be available" and all that follows and inserting the following: "be available only to--

   Inserted: "(A) employment-based immigrants under paragraphs (1) and (2) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

   Inserted: "(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

   Inserted: "(C) those immigrant workers who had petitions approved based on Schedule A under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor."; and

   Inserted: (2) in paragraph (2)--

   Inserted: (A) in subparagraph (A), by inserting "1996, 1997, and" after "available in fiscal years"; and

   Inserted: (B) in subparagraph (B), by amending clause (ii) to read as follows:

   Inserted: "(ii) Distribution of visas.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1996 and 1997 shall be distributed equally between--

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   Inserted: "(I) immigrant workers with approved petitions based on Schedule A (as described in paragraph (1)(C)); and

   Inserted: "(II) employment-based immigrants under paragraphs (1) and (2) of section 203(b) of the Immigration and Nationality Act.".

   Inserted: (b) H-1B Visa Availability.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--

   Inserted: (1) in paragraph (1)(A)--

   Inserted: (A) in clause (vi), by striking "and" at the end;

   Inserted: (B) by redesignating clause (vii) as clause (ix); and

   Inserted: (C) by inserting after clause (vi) the following:

   Inserted: "(vii) 65,000 in each of fiscal years 2004 through 2006;

   Inserted: "(viii) 115,000 in fiscal year 2007; and"; and

   Inserted: (2) in paragraph (4)--

   Inserted: (A) by inserting "(A)" after "(4)"; and

   Inserted: (B) by adding at the end the following:

   Inserted: "(B) Subparagraph (A) shall not apply to a nonimmigrant who has an approved petition for an immigrant visa under paragraph (1) or (2) of section 203(b) if at least 180 days have elapsed since the filing an application for adjustment of status under subsection (a), (k) or (i) of section 245 that has not been denied. The Secretary of Homeland may extend the stay of such an alien in 1-year increments until a final decision is made on the alien's application for adjustment of status.".

   Inserted: (c) Immigrant Visa Backlog Reduction.--Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:

   Inserted: "(d) Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--

   Inserted: "(1) 290,000; and

   Inserted: "(2) the difference between--

   Inserted: "(A) the maximum number of visas authorized to be issued under this subsection during the previous fiscal year; and

   Inserted: "(B) the number of such visas issued during the previous fiscal year.".

   Inserted: (d) Retaining Immigrants Who Have Been Educated in the United States.--Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

   Inserted: "(F) Aliens who have earned a master's or higher degree from an accredited United States university.

   Inserted: "(G) Aliens who--

   Inserted: "(i) have earned a master's or higher degree in science, technology, engineering, or math; and

   Inserted: "(ii) have been working in the United States in a field related to such degree in a nonimmigrant status during the 3-year period preceding their application for an immigrant visa under paragraph (1) or (2) of section 203(b).

   Inserted: "(H) Aliens who--

   Inserted: "(i) are described in subparagraph (A) or (B) of section 203(b)(1); or

   Inserted: "(ii) have received a national interest waiver under section 203(b)(2)(B).".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed