Frist has already introduced his Bill and it has our clauses

[zheng0821]

see the link

http://thomas.loc.gov/cgi-bin/bdquer...temp/~bd3JRR::


So, we should fight for this bill since it does not deal with the controversial guest worker program.

[stucklabor]

Originally Posted by zheng0821

see the link

http://thomas.loc.gov/cgi-bin/bdquer...temp/~bd3JRR::


So, we should fight for this bill since it does not deal with the controversial guest worker program.

Great work, Zheng0821. This is a great backup vehicle for EB provisions.

[harsh]

The link is not working dude. IS anyone able to access the link?

[Eb3_frustrated]

http://thomas.loc.gov/cgi-bin/query/z?c109:S.2454:

The proposed bill does not have guest worker provisions. Hope this thing survives the senate and most importantly the House

[admin]

If that link does not work for you, go to the Library of Congress - http://thomas.loc.gov/ and search for bill number S2454

[baburob2]

great dude. Hope it passes through.

[harsh]

Thanks admin, and link provided by Eb3_frustrated works. Is TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS, MEDICAL PROVIDERS, AND ALIENS WITH ADVANCED DEGREES, the only one which applies to us? The reason I ask is, I was going through this section and could not find where it says, spouses and children of primary applicant are excluded from cap count. Am i missing something or it has been removed?

[harsh]

my bad. I found it. I don't know how i missed it. Its under backlog reductions. Sorry guys.

[bitu72]

they did not have anything for Nurses...also i wish we can atleast get dependents out & 485 filing capablity.

[amoljak]

This is great... I don't think we could have asked for anything more. numbers USA is already harping about it. But no guest worker thing makes it much less controversial.

However I think our biggest challenge is in the house. So we will have to lobby hard to the house members who are going to be in the conference.

This bill has some very good things for graduate students. And they are the most organized ones. So we can team up with student associations to mount a big grass roots campaign.

[bluekayal]

SEC. 401. ELIMINATION OF EXISTING BACKLOGS.

(a) Family-Sponsored Immigrants- Section 201(c) (8 U.S.C. 1151(c)) is amended to read as follows:

`(c) Worldwide Level of Family-Sponsored Immigrants- The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of--

`(1) 480,000;

`(2) 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;

`(3) the difference between--

`(A) the maximum number of visas authorized to be issued under this subsection during fiscal years 2001 through 2005 minus the number of visas issued under this subsection during those fiscal years; and

`(B) the number of visas calculated under subparagraph (A) that were issued after fiscal year 2005.'.

(b) Employment-Based Immigrants- Section 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:

`(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).'.

SEC. 402. COUNTRY LIMITS.

Section 202(a) (8 U.S.C. 1152(a)) is amended--

(1) in paragraph (2)--

(A) by striking `, (4), and (5)' and inserting `and (4)'; and

(B) by striking `7 percent (in the case of a single foreign state) or 2 percent' and inserting `10 percent (in the case of a single foreign state) or 5 percent'; and

(2) by striking paragraph (5).

******

[bluekayal]

SEC. 405. STUDENT VISAS.

(a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--

(1) in clause (i)--

(A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--

`(I)';

(B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';

(C) by striking the comma at the end and inserting the following: `; or

`(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';

(2) in clause (ii)--

(A) by inserting `or (iv)' after `clause (i)'; and

(B) by striking `, and' and inserting a semicolon;

(3) in clause (iii), by adding `and' at the end; and

(4) by adding at the end the following:

`(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.

(b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.

(c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--

(1) by inserting before paragraph (1) the following:

`(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and

(2) by adding at the end the following:

`(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--

`(A) during the intended period of study in a graduate program described in such section;

`(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and

`(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.

(d) Off Campus Work Authorization for Foreign Students-

(1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--

(A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;

(B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--

(i) has spent at least 21 days recruiting United States citizens to fill the position; and

(ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--

(I) the actual wage level for the occupation at the place of employment; or

(II) the prevailing wage level for the occupation in the area of employment; and

(C) the alien will not be employed more than--

(i) 20 hours per week during the academic term; or

(ii) 40 hours per week during vacation periods and between academic terms.

(2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).

(e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:

`(a) Authorization-

`(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

`(A) the alien makes an application for such adjustment;

`(B) the alien is eligible to receive an immigrant visa;

`(C) the alien is admissible to the United States for permanent residence; and

`(D) an immigrant visa is immediately available to the alien at the time the application is filed.

`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.

(f) Use of Fees-

(1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.

(2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.

1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.

[bluekayal]

SEC. 406. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

`(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).'.

(2) 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--

(1) in subclause (I), by striking `or' at the end;

(2) in subclause (II), by striking the period at the end and inserting `; or'; and

(3) by 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--

(1) in paragraph (1)--

(A) by striking `(beginning with fiscal year 1992)'; and

(B) in subparagraph (A)--

(i) in clause (vii), by striking `each succeeding fiscal year; or' and inserting `each of fiscal years 2004, 2005, and 2006;'; and

(ii) by adding after clause (vii) the following:

`(viii) 115,000 in the first fiscal year beginning after the date of the enactment of this clause; and

`(ix) the number calculated under paragraph (9) in each fiscal year after the year described in clause (viii); or';

(2) in paragraph (5)--

(A) in subparagraph (B), by striking `or' at the end;

(B) in subparagraph (C), by striking the period at the end and inserting `; or'; and

(C) by adding at the end the following:

`(D) has earned an advanced degree in science, technology, engineering, or math.';

(3) by redesignating paragraphs (9), (10), and (11) as paragraphs (10), (11), and (12), respectively; and

(4) by inserting after paragraph (8) the following:

`(9) 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.

[vallabhu]

I dont see anything which will allow us to file for 485 as soon as the labor is approved, s1932 had a point whcih would allow us to file for 485 without waiting for the priority date.

Or am I missing some thing.

[harsh]

The option to file 485 after labor approval before priority dates become current is not present. It is not present in specter's bill either. It was present in S.1932 but current bills do not have that provision. I hope someone brings in an amendment to include this feature. This would help greatly for most of us.