I 

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 employmentbased 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ELIMINATION OF DIVERSITY IMMIGRANT PRO4 GRAM. 

5 (a) WORLDWIDE LEVEL OF DIVERSITY IMMI6 GRANTS.—Section 201 of the Immigration and Nation7 ality Act (8 U.S.C. 1151) is amended— 

8 (1) in subsection (a)— 


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1 (A) by inserting ‘‘and’’ at the end of para2 graph (1); 

3 (B) by striking ‘‘; and’’ at the end of para4 graph (2) and inserting a period; and 

5 (C) by striking paragraph (3); and 

6 (2) by striking subsection (e). 

7 (b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.— 

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

9 (1) by striking subsection (c); 

10 (2) in subsection (d), by striking ‘‘(a), (b), or 

11 (c),’’ and inserting ‘‘(a) or (b),’’; 

12 (3) in subsection (e), by striking paragraph (2) 

13 and redesignating paragraph (3) as paragraph (2); 

14 (4) in subsection (f), by striking ‘‘(a), (b), or 

15 (c)’’ and inserting ‘‘(a) or (b)’’; and 

16 (5) in subsection (g), by striking ‘‘(a), (b), and 

17 (c)’’ and inserting ‘‘(a) and (b)’’. 

18 (c) PROCEDURE FOR GRANTING IMMIGRANT STA19 TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend20 ed— 

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

22 (2) in subsection (e), by striking ‘‘(a), (b), or 

23 (c)’’ and inserting ‘‘(a) or (b)’’. 


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1 SEC. 2. VISAS FOR CERTAIN EMPLOYMENT-BASED IMMI2 GRANTS WHO OBTAIN AN ADVANCED DEGREE 

3 IN THE UNITED STATES. 

4 (a) IN GENERAL.—Section 203(b)(2) of the Immi5 gration and Nationality Act (8 U.S.C. 1153(b)(2)) is 

6 amended by adding at the end the following: 

7 ‘‘(D) CERTAIN ALIENS OBTAINING AD8 VANCED DEGREES IN THE UNITED STATES.— 

9 Visas shall be made available, in a number not 

10 to exceed 55,000, to qualified immigrants 

11 who— 

12 ‘‘(i) are a member of a profession 

13 holding an advanced degree obtained with14 in the United States; 

15 ‘‘(ii)(I) obtained such degree within 

16 the United States during the 5-year period 

17 preceding the date on which the petition 

18 filed under section 204(a)(1)(F) for classi19 fication under this subparagraph is filed; 

20 or 

21 ‘‘(II) has resided continuously in the 

22 United States in a lawful nonimmigrant 

23 status since obtaining such degree; and 

24 ‘‘(iii) whose services in the sciences or 

25 medicine— 


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1 ‘‘(I) are sought by an employer 

2 in the United States; and 

3 ‘‘(II) will substantially benefit 

4 prospectively the national economy of 

5 the United States.’’. 

6 (b) NUMERICAL LIMITATION.— 

7 (1) IN GENERAL.—Section 201(d) of the Immi8 gration and Nationality Act (8 U.S.C. 1151(d)) is 

9 amended by adding at the end the following: 

10 ‘‘(3) Aliens described in section 203(b)(2)(D) may be 

11 issued visas or may otherwise acquire the status of an 

12 alien lawfully admitted to the United States for permanent 

13 residence in a number not to exceed 55,000 in any fiscal 

14 year.’’. 

15 (2) CONFORMING AMENDMENT.—Section 

16 201(a)(2) of such Act (8 U.S.C. 1151(a)(2)) is 

17 amended by striking ‘‘and not to exceed’’ and insert18 ing ‘‘and, excluding immigrants described in section 

19 203(b)(2)(D), not to exceed’’. 

20 SEC. 3. EFFECTIVE DATE. 

21 The amendments made by this Act shall take effect 

22 on October 1, 2011. 

Æ 


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