Summary of Title V - Immigration Benefits (Employment-Based Only) Under Specter Discussion Draft
VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) ALIENS WITH CERTAIN ADVANCED DEGREES NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT BASED IMMIGRANTS.--
Following Aliens added in the list:
``(F) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
``(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
``(H) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).''.
APPLICABILITY.--The amendment made by paragraph (1) shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) LABOR CERTIFICATION.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended-- (Pre-certification)
Adding at the end the following:
``(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.''.
(c) TEMPORARY WORKERS.--Section 214(g) (8 U.S.C. 1184(g)) is amended--
115,000 in the first fiscal year beginning after the date of the enactment of this clause; and
[Cap Exempt: Advanced degree in science, technology, engineering, or math.'';]
If the numerical limitation in paragraph (1)(A)--
``(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or
``(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.''.
(d) APPLICABILITY.--The amendment made by subsection (c)(2) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
ELIMINATION OF EXISTING BACKLOGS.
(a) EMPLOYMENT-BASED IMMIGRANTS
``(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IMMIGRANTS.--
``(1) IN GENERAL.--Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
``(A) 290,000;
``(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
``(C) the difference between--
``(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
``(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005.
``(2) VISAS FOR SPOUSES AND CHILDREN.--Immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).''.
ALLOCATION OF IMMIGRANT VISAS.
(a) PREFERENCE ALLOCATION FOR EMPLOYMENT-BASED IMMIGRANTS.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
(1) ``15 percent'' [EB-1]
(2) ``15 percent''[EB-2]
(3) ``35 percent'[EB-3 Skilled Worker]'; and
(5) OTHER WORKERS.--Visas shall be made available, in a number not to exceed 30 percent of such worldwide level, plus any visa numbers not required for the classes specified in paragraphs (1) through (4), to qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor that is not of a temporary or seasonal nature, for which qualified workers are determined to be unavailable in the United States.''
(b) CONFORMING AMENDMENTS.--
REPEAL OF TEMPORARY REDUCTION IN WORKERS' VISAS.--Section 203(e) of the Nicaraguan Adjustment and Central American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is repealed.
COUNTRY LIMITS.
10 percent (in the case of a single foreign state) or 5 percent'';
ELIMINATION OF DIVERSITY VISA PROGRAM.
(e) Effective Date.--
(1) The amendments made by this section shall take effect on October 1, 2008;
(2) No alien may receive lawful permanent resident status based on the diversity visa program on or after the effective date of this section.
08/09/2007: Titles of Senator Specter's Discussion Draft for New CIR
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
Subtitle B--Other Border Security Initiatives
Subtitle C--Other Measures
Subtitle D--Asylum and Detention Safeguards
TITLE II--INTERIOR ENFORCEMENT
``CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD
TITLE III--WORKSITE ENFORCEMENT
TITLE IV--NEW TEMPORARY WORKER PROGRAM
Subtitle B--Seasonal Agricultural Nonimmigrant Temporary Workers
Subtitle C--Nonimmigrant Visa Reform
TITLE V--IMMIGRATION BENEFITS
TITLE VI--ALIENS IN THE UNITED STATES PREVIOUSLY IN UNLAWFUL STATUS
Subtitle B--DREAM Act
PART II--CORRECTION OF SOCIAL SECURITY RECORDS
Subtitle C--Agricultural Workers
PART I--ADMISSION OF AGRICULTURAL WORKERS
PART II--CORRECTION OF SOCIAL SECURITY RECORDS
TITLE VII--MISCELLANEOUS
Subtitle A--Miscellaneous Immigration Reform
``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
Subtitle B--Assimilation and Naturalization
Subtitle C--American Competitiveness Scholarship Program
TITLE VIII--MISCELLANEOUS
Subtitle A--Unaccompanied Alien Child Protection Act of 2007
TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION
TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO CHILD ADVOCATES AND COUNSEL
TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN CHILDREN
TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS
TITLE V--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION
TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO CHILD ADVOCATES AND COUNSEL
TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN CHILDREN
TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS
TITLE V--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
TITLE IX--STUDY OF WARTIME TREATMENT OF CERTAIN PEOPLE
Subtitle A--Commission on Wartime Treatment of European Americans
Subtitle B--Commission on Wartime Treatment of Jewish Refugees
Please stay tuned for the full text of the discussion draft and summary of selected provisions.
VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) ALIENS WITH CERTAIN ADVANCED DEGREES NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT BASED IMMIGRANTS.--
Following Aliens added in the list:
``(F) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
``(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
``(H) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).''.
APPLICABILITY.--The amendment made by paragraph (1) shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
(b) LABOR CERTIFICATION.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended-- (Pre-certification)
Adding at the end the following:
``(III) has an advanced degree in the sciences, technology, engineering, or mathematics from an accredited university in the United States and is employed in a field related to such degree.''.
(c) TEMPORARY WORKERS.--Section 214(g) (8 U.S.C. 1184(g)) is amended--
115,000 in the first fiscal year beginning after the date of the enactment of this clause; and
[Cap Exempt: Advanced degree in science, technology, engineering, or math.'';]
If the numerical limitation in paragraph (1)(A)--
``(A) is reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to 120 percent of the numerical limitation of the given fiscal year; or
``(B) is not reached during a given fiscal year, the numerical limitation under paragraph (1)(A)(ix) for the subsequent fiscal year shall be equal to the numerical limitation of the given fiscal year.''.
(d) APPLICABILITY.--The amendment made by subsection (c)(2) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
ELIMINATION OF EXISTING BACKLOGS.
(a) EMPLOYMENT-BASED IMMIGRANTS
``(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IMMIGRANTS.--
``(1) IN GENERAL.--Subject to paragraph (2), the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
``(A) 290,000;
``(B) the difference between the maximum number of visas authorized to be issued under this subsection during the previous fiscal year and the number of visas issued during the previous fiscal year; and
``(C) the difference between--
``(i) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 and the number of visa numbers issued under this subsection during those fiscal years; and
``(ii) the number of visas calculated under clause (i) that were issued after fiscal year 2005.
``(2) VISAS FOR SPOUSES AND CHILDREN.--Immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).''.
ALLOCATION OF IMMIGRANT VISAS.
(a) PREFERENCE ALLOCATION FOR EMPLOYMENT-BASED IMMIGRANTS.--Section 203(b) (8 U.S.C. 1153(b)) is amended--
(1) ``15 percent'' [EB-1]
(2) ``15 percent''[EB-2]
(3) ``35 percent'[EB-3 Skilled Worker]'; and
(5) OTHER WORKERS.--Visas shall be made available, in a number not to exceed 30 percent of such worldwide level, plus any visa numbers not required for the classes specified in paragraphs (1) through (4), to qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor that is not of a temporary or seasonal nature, for which qualified workers are determined to be unavailable in the United States.''
(b) CONFORMING AMENDMENTS.--
REPEAL OF TEMPORARY REDUCTION IN WORKERS' VISAS.--Section 203(e) of the Nicaraguan Adjustment and Central American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is repealed.
COUNTRY LIMITS.
10 percent (in the case of a single foreign state) or 5 percent'';
ELIMINATION OF DIVERSITY VISA PROGRAM.
(e) Effective Date.--
(1) The amendments made by this section shall take effect on October 1, 2008;
(2) No alien may receive lawful permanent resident status based on the diversity visa program on or after the effective date of this section.
08/09/2007: Titles of Senator Specter's Discussion Draft for New CIR
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
Subtitle B--Other Border Security Initiatives
Subtitle C--Other Measures
Subtitle D--Asylum and Detention Safeguards
TITLE II--INTERIOR ENFORCEMENT
``CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD
TITLE III--WORKSITE ENFORCEMENT
TITLE IV--NEW TEMPORARY WORKER PROGRAM
Subtitle B--Seasonal Agricultural Nonimmigrant Temporary Workers
Subtitle C--Nonimmigrant Visa Reform
TITLE V--IMMIGRATION BENEFITS
TITLE VI--ALIENS IN THE UNITED STATES PREVIOUSLY IN UNLAWFUL STATUS
Subtitle B--DREAM Act
PART II--CORRECTION OF SOCIAL SECURITY RECORDS
Subtitle C--Agricultural Workers
PART I--ADMISSION OF AGRICULTURAL WORKERS
PART II--CORRECTION OF SOCIAL SECURITY RECORDS
TITLE VII--MISCELLANEOUS
Subtitle A--Miscellaneous Immigration Reform
``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
Subtitle B--Assimilation and Naturalization
Subtitle C--American Competitiveness Scholarship Program
TITLE VIII--MISCELLANEOUS
Subtitle A--Unaccompanied Alien Child Protection Act of 2007
TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION
TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO CHILD ADVOCATES AND COUNSEL
TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN CHILDREN
TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS
TITLE V--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION
TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO CHILD ADVOCATES AND COUNSEL
TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN CHILDREN
TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS
TITLE V--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
TITLE IX--STUDY OF WARTIME TREATMENT OF CERTAIN PEOPLE
Subtitle A--Commission on Wartime Treatment of European Americans
Subtitle B--Commission on Wartime Treatment of Jewish Refugees
Please stay tuned for the full text of the discussion draft and summary of selected provisions.
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