S.Amdt. 909

1. Adds SEC. __. IMMIGRANT VISA REFORM wherever appropriate

   Adds a section

   Inserted: SEC. __. IMMIGRANT VISA REFORM.

   Inserted: (a) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended--

   Inserted: (1) in subsection (a)(3), by inserting "and immigrants with advanced degrees" after "diversity immigrants"; and

   Inserted: (2) by amending subsection (e) to read as follows:

   Inserted: "(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--

   Inserted: "(1) Diversity immigrants.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.

   Inserted: "(2) Immigrants with advanced degrees.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.".

   Inserted: (b) Immigrants With Advanced Degrees.--Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153(c)) is amended--

   Inserted: (1) in subsection (c)--

   Inserted: (A) in paragraph (1), by striking "paragraph (2), aliens subject to the worldwide level specified in section 201(e)" and inserting "paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)";

   Inserted: (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

   Inserted: (C) by inserting after paragraph (1) the following:

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   Inserted: "(2) Aliens who hold an advanced degree in science, mathematics, technology, or engineering.--

   Inserted: "(A) In general.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).

   Inserted: "(B) Economic considerations.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.";

   Inserted: (D) in paragraph (3), as redesignated, by striking "this subsection" each place it appears and inserting "paragraph (1)"; and

   Inserted: (E) by amending paragraph (4), as redesignated, to read as follows:

   Inserted: "(4) Maintenance of information.--

   Inserted: "(A) Diversity immigrants.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).

   Inserted: "(B) Immigrants with advanced degrees.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2)."; and

   Inserted: (2) in subsection (e)--

   Inserted: (A) in paragraph (2), by striking "(c)" and inserting "(c)(1)";

   Inserted: (B) by redesignating paragraph (3) as paragraph (4); and

   Inserted: (C) by inserting after paragraph (2) the following:

   Inserted: "(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:

   Inserted: "(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.

   Inserted: "(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.

   Inserted: "(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--

   Inserted: "(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and

   Inserted: "(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection (c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.".

   Inserted: (c) Advanced Degree and Diversity Visa Carryover.--Section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)) is amended to read as follows:

   Inserted: "(II) An immigrant visa made available under subsection 203(c) for fiscal year 2007 or any subsequent fiscal year may be issued, or adjustment of status under section 245(a) may be granted, to an eligible qualified alien who has properly applied for such visa or adjustment of status in the fiscal year for which the alien was selected notwithstanding the end of such fiscal year. Such visa or adjustment of status shall be counted against the worldwide levels set forth in section 201(e) for the fiscal year for which the alien was selected.".

   Inserted: (d) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on October 1, 2007.

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As printed