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Old 09-21-2007, 03:44 PM
andy garcia andy garcia is offline
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Quote:
Originally Posted by sumansk View Post
Where is SKIL attached to it....I hoped Cornyn will do something about it...
Here it is:

SA 2143. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for FY 2008 for military activities of the DOD, for military construction, and for defense activities of the Dept of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EMPLOYMENT-BASED VISAS.

(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (PL 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1)--

(A) by inserting ``1996, 1997,'' after ``available in fiscal year'';

(B) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

``(A) employment-based immigrants under paragraphs (1) and (2) of section 203(b) of the INA(8 U.S.C. 153(b));

``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

``(C) those immigrant workers who had petitions approved based on Schedule A under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

(2) in paragraph (2)--

(A) in subparagraph (A), by inserting ``1996, 1997, and'' after ``available in fiscal years''; and

(B) in subparagraph (B), by amending clause (ii) to read as follows:

``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from FY 1996 and 1997 shall be distributed equally between--

``(I) immigrant workers with approved petitions based on Schedule A (as described in paragraph (1)(C)); and

``(II) employment-based immigrants under paragraphs (1) and (2) of section 203(b) of the INA.''.

(b) H-1B Visa Availability.--Section 214(g) of the INA (8 U.S.C. 1184(g)) is amended--

(1) in paragraph (1)(A)--

(A) in clause (vi), by striking ``and'' at the end;

(B) by redesignating clause (vii) as clause (ix); and

(C) by inserting after clause (vi) the following:

``(vii) 65,000 in each of FY 2004 through 2006;
``(viii) 115,000 in FYr 2007; and''; and

(2) in paragraph (4)--

(A) by inserting ``(A)'' after ``(4)''; and
(B) by adding at the end the following:

``(B) Subparagraph (A) shall not apply to a nonimmigrant who has an approved petition for an immigrant visa under paragraph (1) or (2) of section 203(b) if at least 180 days have elapsed since the filing an application for AOS under subsection (a), (k) or (i) of section 245 that has not been denied. The Secretary of Homeland may extend the stay of such an alien in 1-year increments until a final decision is made on the alien's application for AOS.''.

(c) Immigrant Visa Backlog Reduction.--Section 201(d) of the INA (8 U.S.C. 1151(d)) is amended to read as follows:

``(d) Worldwide Level of Employment-Based Immigrants.--The worldwide level of EB immigrants under this subsection for a fiscal year is equal to the sum of--

``(1) 290,000; and

``(2) the difference between--

``(A) the maximum number of visas authorized to be issued under this subsection during the previous FY; and

``(B) the number of such visas issued during the previous FY.''.

(d) Retaining Immigrants Who Have Been Educated in the US.--Section 201(b)(1) of the INA(8 U.S.C. 151(b)(1)) is amended by adding at the end the following:

``(F) Aliens who have earned a master's or higher degree from an accredited US university.

``(G) Aliens who--

``(i) have earned a master's or higher degree in science, technology, engineering, or math; and

``(ii) have been working in the US in a field related to such degree in a nonimmigrant status during the 3-year period preceding their application for an immigrant visa under paragraph (1) or (2) of section 203(b).

``(H) Aliens who--

``(i) are described in subparagraph (A) or (B) of section 203(b)(1); or

`(ii) have received a NIW under section 203(b)(2)(B).''
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