HR 5634

110th CONGRESS
2d Session

H. R. 5634

To exempt from numerical limitations any alien who has received a Ph.D. from an institution of higher education within the 3-year period preceding such alien's petition for special immigrant status.

IN THE HOUSE OF REPRESENTATIVES

March 13, 2008

Mr. KENNEDY (for himself and Mr. MCCAUL of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

To exempt from numerical limitations any alien who has received a Ph.D. from an institution of higher education within the 3-year period preceding such alien's petition for special immigrant status.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `New American Innovators Act'.

SEC. 2. UNITED STATES EDUCATED IMMIGRANTS.

(a) Special Immigrant Status- Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is amended--

(1) in subparagraph (L)(iii) by adding at the end a semicolon;

(2) in subparagraph (M) by striking the period and inserting `; and'; and

(3) by adding at the end the following:

`(N) an immigrant who has received a Ph.D. from an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), but excluding any institution of higher education described in section 102(a)(1)(C) of such Act) within the 3-year period preceding the date on which the immigrant filed a petition described in section 204(a)(1)(G)(iii).'.

(b) Petition for Status as a Special Immigrant- Section 204(a)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(G)) is amended by adding at the end the following:

`(iii) Any alien claiming status as a special immigrant under section 101(a)(27)(N) may file a petition with the Secretary of Homeland Security for such status.'.

(c) Aliens Not Subject to Direct Numerical Limitation- Section 201(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)(A)) is amended by striking `or (B)' and inserting `, (B), or (N)'.

(d) Number and Allocation of Visas Not Limited for Certain Special Immigrants- Section 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) is amended by striking `or (B)' and inserting `, (B), or (N)'.

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