S.Amdt. 1961

SA 1961. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. SECURING A SUPPLY OF HIGHLY-SKILLED WORKERS.

Section 214(g) of the Immigration and Nationality Act (8
U.S.C. 1184(g)) is amended--
(1) in paragraph (5)--
(A) by redesignating subparagraph (C) as subparagraph (D);
(B) by inserting after subparagraph (B) the following:
``(C) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
1001(a) of title 20) and whose employer has certified that
the employer has filed or will file an Immigrant Petition on
behalf of the alien; or''; and

[[Page S1044]]

(C) by amending subparagraph (D), as redesignated, to read
as follows:
``(D) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) and whose employer has not certified that the
employer has filed or will file an Immigrant Petition on
behalf of the alien, until the number of such aliens who are
exempted from such numerical limitations during such year
exceeds 20,000.''; and
(2) in paragraph (6)--
(A) by inserting ``(A)'' before ``Any alien''; and
(B) by adding at the end the following:
``(B)(i) The initial period of validity of a nonimmigrant
visa issued under section 101(a)(15)(H)(i)(b) to an alien
described in paragraph (5)(C) who is exempted from the
numerical limitations under paragraph (1)(A) shall be 12
months.
``(ii) The period of validity of a visa described in clause
(i) may be extended beyond the initial period described in
such clause if the employer provides evidence to the
Secretary that--
``(I) the employer has filed, on the alien's behalf, a
nonfrivolous Application for Permanent Employment
Certification or a nonfrivolous Immigrant Petition; and
``(II) such application or petition has not been denied in
a final agency action.''.
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