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H.R. 1758 (110th): To amend the Immigration and Nationality Act to provide status in each of fiscal years 2008 through 2012 for 65,000 H-1B nonimmigrants who have a master’s or Ph.D. degree and meet the requirements for such status and whose employers make scholarship payments to institutions of higher education for undergraduate and postgraduate education.


The text of the bill below is as of Mar 29, 2007 (Introduced). The bill was not enacted into law.


I

110th CONGRESS

1st Session

H. R. 1758

IN THE HOUSE OF REPRESENTATIVES

March 29, 2007

(for himself, Mr. Tom Davis of Virginia, and Mr. Stark) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to provide status in each of fiscal years 2008 through 2012 for 65,000 H–1B nonimmigrants who have a master’s or Ph.D. degree and meet the requirements for such status and whose employers make scholarship payments to institutions of higher education for undergraduate and postgraduate education.

1.

H–1b nonimmigrant status for certain aliens whose employers make scholarship donations for undergraduate and post-graduate education

(a)

In general

The Immigration and Nationality Act is amended by inserting after section 218 the following new section:

218A.

H–1B nonimmigrant status for certain aliens whose employers make scholarship payments for undergraduate and postgraduate education

(a)

H–1B Status

Notwithstanding section 214(g)(1)(A) and subject to subsection (c), during the period beginning on the date of the enactment of this Act and ending on September 30, 2012, the Secretary of Homeland Security may provide nonimmigrant status under section 101(a)(15)(H)(i)(b) to an alien who meets the requirements under subsection (b), if the employer petitioning under section 214(c) for the provision of such status makes a qualified scholarship payment for each year in which such status is held.

(b)

Eligibility

An alien shall be eligible for a visa or the provision of H–1B nonimmigrant status under this section if the alien—

(1)

disregarding section 214(g)(1)(A), meets all the requirements for an H–1B nonimmigrant; and

(2)

possesses a master’s or Ph.D. degree from an institution of higher education in the United States (or an equivalent degree from an educational institution in a foreign country).

(c)

Numerical limitation

The total number of aliens who may be issued a visa or otherwise provided nonimmigrant status under this section may not exceed 65,000 during any fiscal year (beginning with fiscal year 2008 and ending with fiscal year 2012). Aliens issued a visa or otherwise provided nonimmigrant status under this section shall not be counted in applying the numerical limitations under section 214(g)(1)(A).

(d)

Use of scholarship funds by institutions of higher education

An institution of higher education that receives funds under subsection (a) shall use such funds only to provide scholarships administered by such institution to students enrolled full-time in programs of undergraduate and postgraduate study. Priority consideration in the award of such scholarships shall be given to citizens and permanent resident aliens.

(e)

Certification

Not later than 15 days after receipt of a payment pursuant to this section, an institution of higher education shall certify the receipt of such payment to the Secretary of Homeland Security.

(f)

Deadlines

A visa (or other appropriate documentation of status) under this section shall be issued—

(1)

within 30 days of receipt of certification under subsection (e); and

(2)

in the case of an alien who received a degree described in subsection (b)(2) from an educational institution in a foreign country, within 30 days of receipt of a completed application and certification under subsection (e).

(g)

Definitions

For purposes of this section:

(1)

H–1B nonimmigrant

The term H–1B nonimmigrant has the meaning given such term in section 212(n)(4).

(2)

Institution of higher education

The term institution of higher education means an educational institution in any State that meets all of the following criteria:

(A)

Admits as regular students only persons who have a certificate of graduation from a school providing secondary education or the recognized equivalent of such a certificate.

(B)

Is legally authorized within such State to provide a program of education beyond secondary education.

(C)

Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary of Education for the granting of preaccreditation status, and the Secretary of Education has determined that there are satisfactory assurances that the institution will meet the accreditation standards of such an agency or association within a reasonable time.

(D)

Provides an educational program for which the institution awards a bachelor's degree or provides a program that requires a bachelor's degree for admission.

(E)

Is a public or other nonprofit institution.

(3)

Qualified scholarship payment

The term qualified scholarship payment means a payment to an institution of higher education in the United States in an amount which is equal to the then current maximum authorized Pell Grant award for each year under the Federal Pell Grants program authorized under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.).

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(b)

Clerical amendment

The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 218 the following:

Sec. 218A. H–1B nonimmigrant status for certain aliens whose employers make scholarship payments for undergraduate and postgraduate education.

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