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106th CONGRESS
2d Session
H. R. 5448
To amend the Immigration and Nationality Act to give priority for
certain family-sponsored immigrants based upon educational attainment
and to require diversity immigrants to have a bachelor's degree.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 11, 2000
Mr. Smith of Texas introduced the following bill; which was referred to
the Committee on the Judiciary
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A BILL
To amend the Immigration and Nationality Act to give priority for
certain family-sponsored immigrants based upon educational attainment
and to require diversity immigrants to have a bachelor's degree.
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 Economy Workforce Act''.
SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-SPONSORED IMMIGRANTS.
Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C.
1153(e)(1)) is amended--
(1) by striking ``(1) Immigrant visas'' and inserting
``(1)(A) Subject to the succeeding provisions of this
paragraph, immigrant visas''; and
(2) by adding at the end the following:
``(B)(i) An immigrant visa may be made available under paragraph
(1), (2)(B), (3), or (4) of subsection (a) to an alien who--
``(I) does not have a bachelor's degree (or higher degree)
only if there is no qualified individual to whom such a visa
may be made available under the respective paragraph who has
such a degree; or
``(II) is not a high school graduate only if there is no
qualified individual to whom such a visa may be made available
under the respective paragraph who has a bachelor's degree (or
higher degree) or who is a high school graduate.
``(ii) For purposes of clause (i)--
``(I) the term `bachelor's degree' includes a foreign
degree that is a recognized foreign equivalent of a bachelor's
degree; and
``(II) the term `high school graduate' means an individual
who has successfully completed either a 12-year course of
elementary and secondary school study in the United States or a
formal course of elementary and secondary school study abroad
equivalent to a 12-year course of elementary and secondary
school study in the United States.
``(iii) The determination of educational status under clause (i)
shall be made using the most recent evidence with respect to
educational credentials proffered by the alien.''.
SEC. 3. BACHELOR'S DEGREE REQUIREMENT FOR DIVERSITY IMMIGRANTS.
Section 203(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1153(a)(2)) is amended to read as follows:
``(2) Requirement of education.--
``(A) In general.--An alien is not eligible for a
visa under this subsection unless the alien has a
bachelor's degree (or higher degree).
``(B) Definition.--For purposes of subparagraph
(A), the term `bachelor's degree' includes a foreign
degree that is a recognized foreign equivalent of a
bachelor's degree.''.
SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RESPECT TO
DETERMINATIONS OF FOREIGN DEGREE EQUIVALENCE AND
VERIFICATION OF EDUCATIONAL CREDENTIALS.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)
is amended by adding at the end the following:
``(h) Determinations With Respect to Foreign Degree Equivalence.--
For purposes of subsections (c)(2) and (e)(1)(B), in the case of an
alien obtaining a foreign degree, or completing a foreign course of
elementary and secondary school study, any determination with respect
to the equivalence of that degree or course of study to a degree
obtained, or a course of study completed, in the United States shall be
made by the Secretary of State. In carrying out the preceding sentence,
the Secretary of State shall verify the authenticity of any foreign
educational credential proffered by an alien.''.
SEC. 5. ADMINISTRATIVE OBLIGATIONS.
(a) Allocation of Visas to Family-Sponsored Immigrants.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
of State, in consultation with the Attorney General, shall promulgate
regulations regarding the allocation of immigrant visas, made available
under paragraphs (1), (2)(B), (3), and (4) of section 203(a) of the
Immigration and Nationality Act, pursuant to the amendments made by
this Act.
(b) Determinations With Respect to Foreign Degrees.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Attorney General and the Secretary of
Education, shall promulgate regulations to carry out section
203(h) of the Immigration and Nationality Act (as added by
section 4).
(2) Imposition of fee.--Such regulations may permit the
Secretary of State to charge and collect a processing and
verification fee, to be set at a level that will ensure
recovery of the full costs incurred in carrying out such
section 203(h).
(3) Use of fee.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
``Foreign Degree Equivalence Account''. Notwithstanding any
other provision of law, there shall be deposited as offsetting
receipts into the account all fees collected pursuant to
paragraph (2). Amounts deposited into the account shall remain
available to the Secretary of State until expended to carry out
section 203(h) of the Immigration and Nationality Act (as added
by section 4).
(c) Other Regulations.--Except as provided in subsections (a) and
(b), not later than 90 days after the date of the enactment of this
Act, the Attorney General, in consultation with the Secretary of State
and the Secretary of Education, shall promulgate regulations
implementing the amendments made by this Act.
(d) Forms.--Not later than 90 days after the date on which
regulations are promulgated under subsections (a) through (c), the
Attorney General and the Secretary of State shall each make available
revised forms, as appropriate, that prominently include instructions
regarding procedures for establishing an alien's level of educational
attainment for purposes of the amendments made by this Act. Such forms
shall include appropriate forms for supplementing prior submissions.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to immigrant visas made
available under section 203(a) of the Immigration and Nationality Act
on or after the date that is 180 days after the date of the enactment
of this Act, and immigrant visas made available under section 203(c) of
such Act on or after October 1, 2002, regardless of the date any
classification petition under section 204 of such Act may have been
filed.
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