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H.R. 3687 (111th): To amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas to certain employment-based immigrants who obtain an advanced degree in the United States.


The text of the bill below is as of Oct 1, 2009 (Introduced). The bill was not enacted into law.


I

111th CONGRESS

1st Session

H. R. 3687

IN THE HOUSE OF REPRESENTATIVES

October 1, 2009

introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to eliminate the diversity immigrant program and to re-allocate those visas to certain employment-based immigrants who obtain an advanced degree in the United States.

1.

Elimination of diversity immigrant program

(a)

Worldwide level of diversity immigrants

Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended—

(1)

in subsection (a)—

(A)

by inserting and at the end of paragraph (1);

(B)

by striking ; and at the end of paragraph (2) and inserting a period; and

(C)

by striking paragraph (3); and

(2)

by striking subsection (e).

(b)

Allocation of diversity immigrant visas

Section 203 of such Act (8 U.S.C. 1153) is amended—

(1)

by striking subsection (c);

(2)

in subsection (d), by striking (a), (b), or (c), and inserting (a) or (b),;

(3)

in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2);

(4)

in subsection (f), by striking (a), (b), or (c) and inserting (a) or (b); and

(5)

in subsection (g), by striking (a), (b), and (c) and inserting (a) and (b).

(c)

Procedure for granting immigrant status

Section 204 of such Act (8 U.S.C. 1154) is amended—

(1)

by striking subsection (a)(1)(I); and

(2)

in subsection (e), by striking (a), (b), or (c) and inserting (a) or (b).

2.

Visas for certain employment-based immigrants who obtain an advanced degree in the United States

(a)

In general

Section 203(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)) is amended by adding at the end the following:

(D)

Certain aliens obtaining advanced degrees in the United States

Visas shall be made available, in a number not to exceed 55,000, to qualified immigrants who—

(i)

are a member of a profession holding an advanced degree obtained within the United States;

(ii)
(I)

obtained such degree within the United States during the 5-year period preceding the date on which the petition filed under section 204(a)(1)(F) for classification under this subparagraph is filed; or

(II)

has resided continuously in the United States in a lawful nonimmigrant status since obtaining such degree; and

(iii)

whose services in the sciences or medicine—

(I)

are sought by an employer in the United States; and

(II)

will substantially benefit prospectively the national economy of the United States.

.

(b)

Numerical limitation

(1)

In general

Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended by adding at the end the following:

(3)

Aliens described in section 203(b)(2)(D) may be issued visas or may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence in a number not to exceed 55,000 in any fiscal year.

.

(2)

Conforming amendment

Section 201(a)(2) of such Act (8 U.S.C. 1151(a)(2)) is amended by striking and not to exceed and inserting and, excluding immigrants described in section 203(b)(2)(D), not to exceed.

3.

Effective date

The amendments made by this Act shall take effect on October 1, 2009.