S 2868 IS

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.

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

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.'.