§ 2307 : ALLOCATION OF IMMIGRANT VISAS

CONFORMING AMENDMENTS.—

A.

PROCEDURE FOR GRANTING IMMIGRANT STATUS.— Section 204(f)(1)(8 U.S.C. 1154(f)(1)) is amended by striking section 201(b),203(a)(1), or 203(a)(3), and inserting section 201(b)or subparagraph (A)or (B) of section 203(a)(1).

B.

AUTOMATIC CONVERSION.—For the purposes of any petition pending or approved based on a relationship described—

i.

in subparagraph (A) of section 203(a)(1)of the Immigration and Nationality Act (8 U.S.C. 1153(a)(1)), as amended by paragraph (1), and notwithstanding the age of the alien, such a petition shall be deemed reclassified as a petition based on a relationship described in subparagraph (B) of such section 203(a)(1)upon the marriage of such alien; or

ii.

in subparagraph (B) of such section 203(a)(1), such a petition shall be deemed reclassified as a petition based on a relationship described in subparagraph

A.

of such section 203(a)(1)upon the legal termination of marriage or death of such alien’s spouse.

EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the first day of the first fiscal year that begins at least 18 months following the date of the enactment of this Act.

PREFERENCE ALLOCATION FOR EMPLOYMENT-BASED IMMIGRANTS.—

1.

IN GENERAL. —Section 201(b)(1)(8 U.S.C. 1151(b)(1)) as amended by sections 2103(c)and 2212(d), is further amended by adding at the end the following:

H.

Derivative beneficiaries as described in section 203(d)of employment-based immigrants under section 203(b).

I.

Aliens with extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim, if, with respect to any such alien—

i.

the achievements of such alien have been recognized in the field through extensive documentation;

ii.

such alien seeks to enter the United States to continue work in the area of extraordinary ability; and

iii.

the entry of such alien into the United States will substantially benefit prospectively the United States.

J.

Aliens who are outstanding professors and researchers if, with respect to any such alien—

i.

the alien is recognized internationally as outstanding in a specific academic area;

ii.

the alien has at least 3 years of experience in teaching or research in the academic area; and

iii.

the alien seeks to enter the United States—

I.

to be employed in a tenured position (or tenure-track position) within a not for profit university or institution of higher education to teach in the academic area;

II.

for employment in a comparable position with a not for profit university or institution of higher education , or a governmental research organization, to conduct research in the area; or

III.

for employment in a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.

K.

Aliens who are multinational executives and managers if, with respect to any such alien—

i.

in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, the alien has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof; and

ii.

the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

L.

Aliens who have earned a doctorate degree from an institution of higher education in the United States or the foreign equivalent.

M.

Alien physicians who have completed the foreign residency requirements under section 212(e)or obtained a waiver of these requirements or an exemption requested by an interested State agency or by an interested Federal agency under section 214(l), including those alien physicians who completed such service before the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.

N.

ADVANCED DEGREES IN A STEM FIELD.—

i.

IN GENERAL.—An immigrant who —

I.

has earned a master’s or higher degree in a field of science, technology, engineering, or mathematics included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, biological and biomedical sciences, and physical sciences, from a United States institution of higher education;

II.

has an offer of employment from a United States employer in a field related to such degree; and

III.

earned the qualifying graduate degree during the 5-year period immediately before the initial filing date of the petition under which the nonimmigrant is a beneficiary.

ii.

DEFINITION.—In this subparagraph the term United States institution of higher education means an institution that —

I.

is described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) or is a proprietary institution of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b)));

II.

was classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2012, as a doctorate-granting university with a very high or high level of research activity or classified by the National Science Foundation after the date of enactment of this subparagraph, pursuant to an application by the institution, as having equivalent research activity to those institutions that had been classified by the Carnegie Foundation as being doctorate-granting universities with a very high or high level of research activity; and

III.

is accredited by an accrediting body that is itself accredited either by the Department of Education or by the Council for Higher Education Accreditation.

EXCEPTION FROM LABOR CERTIFICATION REQUIREMENT FOR STEM IMMIGRANTS. — Section 212(a)(5)(D) (8 U.S.C. 1182(a)(5)(D)) is amended to read as follows:

D.

APPLICATION OF GROUNDS.—

i.

IN GENERAL.— Except as provided in clause (ii), the grounds for inadmissibility of aliens under subparagraphs (A) and (B) shall apply to immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 203(b).

ii.

SPECIAL RULE FOR STEM IMMIGRANTS.—The grounds for inadmissibility of aliens under subparagraph (A) shall not apply to an immigrant seeking admission or adjustment of status under section 203(b)(2)(B) or 201(b)(1)(N).

TECHNICAL AND CONFORMING AMENDMENTS.—

1.

TREATMENT OF DERIVATIVE FAMILY MEMBERS.— Section 203(d)(8 U.S.C. 1153(d)) is amended to read as follows:

d.

TREATMENT OF FAMILY MEMBERS.—If accompanying or following to join a spouse or parent issued a visa under subsection (a), (b), or (c),subparagraph (I),(J),(K)(L)or (M) of section 201(b)(1), or section 201(b)(2), a spouse or child as defined in subparagraph (A),(B),(C),(D), or (E) of section 101(b)(1)shall be entitled to the same immigrant status and the same order of consideration provided in the respective provision.

3.

ALIENS WHO ARE PRIORITY WORKERS OR MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES.— Section 203(b)(8 U.S.C. 1153(b)) is amended—

A.

in the matter preceding paragraph (1), by striking Aliens and inserting Other than aliens described in paragraph (1) or (2)(B), aliens;

B.

in paragraph (1) by striking the matter preceding subparagraph (A) and inserting

Aliens described in any of the following subparagraphs may be admitted to the United States without respect to the worldwide level specified in section

;and

C.

by amending paragraph (2) to read as follows:

2.

ALIENS WHO ARE MEMBERS OF PROFESSIONS HOLDING ADVANCED DEGREES OR PROSPECTIVE EMPLOYEES OF NATIONAL SECURITY FACILITIES.—

[Whitehouse4]

A.

IN GENERAL.—Visas shall be made available, in a number not to exceed 40 percent of the worldwide level authorized in section 201(d), plus any visas not required for the classes specified in paragraph (5) to qualified immigrants who are either of the following:

i.

Members of the professions holding advanced degrees or their equivalent whose services in the sciences, arts, professions, or business are sought by an employer in the United States, including alien physicians holding foreign medical degrees that have been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program.

ii.

Prospective employees, in a research capacity, of Federal national security, science, and technology laboratories, centers, and agencies, if such immigrants have been lawfully present in the United States for two years prior to employment (unless the Secretary of Homeland Security determines, including upon request of the prospective laboratory, center, or agency, that exceptional circumstances exist justifying waiver of the presence requirement).

[end]

B.

WAIVER OF JOB OFFER.—

i.

NATIONAL INTEREST WAIVER.— Subject to clause (ii), the Secretary of Homeland Security may, if the Secretary deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States.

ii.

PHYSICIANS WORKING IN SHORTAGE AREAS OR VETERANS FACILITIES.—

I.

IN GENERAL.—The Secretary shall grant a national interest waiver pursuant to clause (i) on behalf of any alien physician with respect to whom a petition for preference classification has been filed under subparagraph (A) if—

aa.

the alien physician agrees to work on a full time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or

bb.

the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency or a local, county, regional, or State department of public health determines that the alien physician’s work at such facility was or will be in the public interest.

II.

PROHIBITION.—

aa.

No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b), and the Secretary of Homeland Security may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245, until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J)), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or at a facility or facilities meeting the requirements of subclause (I)(bb).

bb.

The 5-year service requirement of item (aa) shall be counted from the date the alien physician begins work in the shortage area in any legal status and not the date an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education.

cc.

An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served, nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection.

dd.

An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition.

III.

STATUTORY CONSTRUCTION.—Nothing in this subparagraph may be construed to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a), by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II) or in section 214(l).

C.

GUIDANCE AND RULES.—The Secretary may prescribe such policy guidance and rules as the Secretary considers appropriate for purposes of subparagraph (A) to ensure national security and promote the interests and competitiveness of the United States. Such rules shall include a definition of the term Federal national security, science, and technology laboratories, centers, and agencies for purposes of clause (ii) of subparagraph (A), which shall include the following:

i.

The national security, science, and technology laboratories, centers, and agencies of the Department of Defense, the Department of Energy, the Department of Homeland Security, the elements of the intelligence community (as that term is defined in section 4(3) of the National Security Act of 1947), and any other department or agency of the Federal Government that conducts or funds research and development in the essential national interest.

ii.

Federally funded research and development centers (FFRDCs) that are primarily supported by a department or agency of the Federal Government specified in clause (i).

SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.—

A.

IN GENERAL.— Section 203(b)(3)(A)(8 U.S.C. 1153(b)(3)(A)) is amended by striking in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), and inserting in a number not to exceed 40 percent of the worldwide level authorized in section 201(d), plus any visas not required for the class specified in paragraph (2),.

B.

MEDICAL LICENSE REQUIREMENTS.— Section 214(i)(2)(A)(8 U.S.C. 1184(i)(2)(A)) is amended by adding at the end including in the case of a medical doctor, the licensure required to practice medicine in the United States,.

C.

REPEAL OF LIMITATION ON OTHER WORKERS.— Section 203(b)(3)(8 U.S.C. 1153(b)(3)) is amended—

i.

by striking subparagraph (B); and

ii.

redesignated subparagraph (C) as subparagraph (B).

CERTAIN SPECIAL IMMIGRANTS.— Section 203(b)(4)(8 U.S.C. 1153(b)(4)) is amended by striking in a number not to exceed 7.1 percent of such worldwide level, and inserting in a number not to exceed 10 percent of the worldwide level authorized in section 201(d), plus any visas not required for the class specified in paragraph (3),.

EMPLOYMENT CREATION.— Section 203(b)(5)(A)(8 U.S.C. 1153(b)(5)(A)) is amended by striking in a number not to exceed 7.1 percent of such worldwide level, and inserting in a number not to exceed 10 percent of the worldwide level authorized in section 201(d), plus any visas not required for the class specified in paragraph (4),.

NATURALIZATION OF EMPLOYEES OF CERTAIN NATIONAL SECURITY FACILITIES WITHOUT REGARD TO RESIDENCY REQUIREMENTS.—Section 316 (8 U.S.C. 1427) is amended by adding at the end the following:

g.

 1. Any person who, while an alien or a noncitizen national of the United States, has been employed in a research capacity at a Federal national security, science, and technology laboratory, center, or agency (as defined pursuant to section 203(b)(2)(C)) for a period or periods aggregating one year or more may, in the discretion of the Secretary, be naturalized without regard to the residence requirements of this section if the person—

A.

has complied with all requirements as determined by the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Energy, or the head of a petitioning department or agency of the Federal Government, including contractual requirements to maintain employment in a research capacity with a Federal national security, science, and technology laboratory, center, or agency for a period not to exceed five years; and

B.

has favorably completed and adjudicated a background investigation at the appropriate level, from the employing department or agency of the Federal Government within the last five years.

2.

The number of aliens or noncitizen nationals naturalized in any fiscal year under this subsection shall not exceed a number as defined by the Secretary of Homeland Security, in consultation with the head of the petitioning department or agency of the Federal Government.