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DV Lottery to replace by Advance Degree
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Posted on 04-29-08 2:00
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To amend title II of the Immigration and Nationality Act to replace
the diversity visa lottery program with a program that issues visas to
aliens with an advanced degree. (Introduced in Senate)
S 2868 IS
110th CONGRESS
2d Session
S. 2868
To amend title II of the Immigration and Nationality Act
to replace the diversity visa lottery program with a program that
issues visas to aliens with an advanced degree.
IN THE SENATE OF THE UNITED STATES
April 16, 2008
Mr. GREGG (for himself, Mr. ALEXANDER, Mr. HATCH, Mrs. DOLE, Mr.
CORNYN, and Mr. SUNUNU) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
A BILL
To amend title II of the Immigration and Nationality Act
to replace the diversity visa lottery program with a program that
issues visas to aliens with an advanced degree.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. IMMIGRANTS WITH ADVANCED DEGREES.
(a) Worldwide Level- Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (a)(3), by inserting striking `diversity immigrants' and inserting `immigrants with advanced degrees'; and
(2) by amending subsection (e) to read as follows:
`(e) Worldwide Level of Immigrants With Advanced Degrees-
The worldwide level of immigrants with advanced degrees described in
section 203(c)(2) is equal to 55,000 for each fiscal year.'.
(b) Allocation of Immigrant Visas- Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended--
(1) by amending subsection (c) to read as follows:
`(c) Immigrants With Advanced Degrees-
`(1) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING-
`(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 issued
immigrant visas or otherwise granted permanent resident status each
fiscal year in a number not to exceed the worldwide level allotted
under section 201(e).
`(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, the
Secretary of Homeland Security, 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.
`(2) MAINTENANCE OF INFORMATION- 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 immigrant visas or otherwise granted permanent
resident status under paragraph (1).'; and
(2) in subsection (e), by amending paragraph (2) to read as follows:
`(2) Immigrant visas and adjustment of status under
subsection (c) (relating to immigrants with advanced degrees) shall be
issued as follows:
`(A) If the Secretary of State has not made a
determination under subsection (c)(1)(B), immigrant visas shall be
issued, or adjustment granted, in a strictly random order established
by the Secretary for the fiscal year involved.
`(B) If the Secretary of State has made a determination
under subsection (c)(1)(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) is greater than the
worldwide level specified in section 201(e), the Secretary of State
shall only issue immigrant visas to, or the Secretary of Homeland
Security shall only adjust the status of, such immigrants in a strictly
random order established by the Secretary for the fiscal year involved.
`(C) If the Secretary of State has made a determination
under subsection (c)(1)(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) is not greater than
the worldwide level specified in section 201(e), the Secretary of State
(or the Secretary of Homeland Security in the case of adjustment of
status) shall--
`(i) issue immigrant visas to, or adjust the status
of, eligible qualified immigrants with degrees determined under
subsection (c)(1)(B); and
`(ii) issue any remaining immigrant visas to, or
adjust the status of, other eligible qualified immigrants with degrees
described in subsection (c)(1)(A) in a strictly random order
established by the Secretary for the fiscal year involved.'.
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2008.
SEC. 2. ADVANCED DEGREE 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:
`(II) An immigrant visa made available under subsection
203(c) for fiscal year 2009, or for 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.'.
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