HR 43
112th CONGRESS
1st Session
H. R. 43
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.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. ISSA 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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 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--
(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)'.
SEC. 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'.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1, 2011.
END
