I 

110TH CONGRESS 

1ST SESSION H. R. 1758 

To amend the Immigration and Nationality Act to provide status in each 

of fiscal years 2008 through 2012 for 65,000 H–1B nonimmigrants 

who have a master’s or Ph.D. degree and meet the requirements for 

such status and whose employers make scholarship payments to institutions of higher education for undergraduate and postgraduate education. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. WU (for himself, Mr. TOM DAVIS of Virginia, and Mr. STARK) introduced 

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

A BILL 

To amend the Immigration and Nationality Act to provide 

status in each of fiscal years 2008 through 2012 for 

65,000 H–1B nonimmigrants who have a master’s or 

Ph.D. degree and meet the requirements for such status 

and whose employers make scholarship payments to institutions of higher education for undergraduate and postgraduate education. 

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

mmaher on PROD1PC60 with BILLS

2 

•HR 1758 IH

1 SECTION 1. H–1B NONIMMIGRANT STATUS FOR CERTAIN 

2 ALIENS WHOSE EMPLOYERS MAKE SCHOLAR3 SHIP DONATIONS FOR UNDERGRADUATE AND 

4 POST-GRADUATE EDUCATION. 

5 (a) IN GENERAL.—The Immigration and Nationality 

6 Act is amended by inserting after section 218 the following 

7 new section: 

8 ‘‘H–1B NONIMMIGRANT STATUS FOR CERTAIN ALIENS

9 WHOSE EMPLOYERS MAKE SCHOLARSHIP PAYMENTS

10 FOR UNDERGRADUATE AND POSTGRADUATE EDU11 CATION

12 ‘‘SEC. 218A. (a) H–1B STATUS.—Notwithstanding 

13 section 214(g)(1)(A) and subject to subsection (c), during 

14 the period beginning on the date of the enactment of this 

15 Act and ending on September 30, 2012, the Secretary of 

16 Homeland Security may provide nonimmigrant status 

17 under section 101(a)(15)(H)(i)(b) to an alien who meets 

18 the requirements under subsection (b), if the employer pe19 titioning under section 214(c) for the provision of such 

20 status makes a qualified scholarship payment for each 

21 year in which such status is held. 

22 ‘‘(b) ELIGIBILITY.—An alien shall be eligible for a 

23 visa or the provision of H–1B nonimmigrant status under 

24 this section if the alien— 

mmaher on PROD1PC60 with BILLS

3 

•HR 1758 IH

1 ‘‘(1) disregarding section 214(g)(1)(A), meets 

2 all the requirements for an H–1B nonimmigrant; 

3 and 

4 ‘‘(2) possesses a master’s or Ph.D. degree from 

5 an institution of higher education in the United 

6 States (or an equivalent degree from an educational 

7 institution in a foreign country). 

8 ‘‘(c) NUMERICAL LIMITATION.—The total number of 

9 aliens who may be issued a visa or otherwise provided non10 immigrant status under this section may not exceed 

11 65,000 during any fiscal year (beginning with fiscal year 

12 2008 and ending with fiscal year 2012). Aliens issued a 

13 visa or otherwise provided nonimmigrant status under this 

14 section shall not be counted in applying the numerical lim15 itations under section 214(g)(1)(A). 

16 ‘‘(d) USE OF SCHOLARSHIP FUNDS BY INSTITUTIONS

17 OF HIGHER EDUCATION.—An institution of higher edu18 cation that receives funds under subsection (a) shall use 

19 such funds only to provide scholarships administered by 

20 such institution to students enrolled full-time in programs 

21 of undergraduate and postgraduate study. Priority consid22 eration in the award of such scholarships shall be given 

23 to citizens and permanent resident aliens. 

24 ‘‘(e) CERTIFICATION.—Not later than 15 days after 

25 receipt of a payment pursuant to this section, an institummaher on PROD1PC60 with BILLS

4 

•HR 1758 IH

1 tion of higher education shall certify the receipt of such 

2 payment to the Secretary of Homeland Security. 

3 ‘‘(f) DEADLINES.—A visa (or other appropriate docu4 mentation of status) under this section shall be issued— 

5 ‘‘(1) within 30 days of receipt of certification 

6 under subsection (e); and 

7 ‘‘(2) in the case of an alien who received a de8 gree described in subsection (b)(2) from an edu9 cational institution in a foreign country, within 30 

10 days of receipt of a completed application and cer11 tification under subsection (e). 

12 ‘‘(g) DEFINITIONS.—For purposes of this section: 

13 ‘‘(1) H–1B NONIMMIGRANT.—The term ‘H–1B 

14 nonimmigrant’ has the meaning given such term in 

15 section 212(n)(4). 

16 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

17 The term ‘institution of higher education’ means an 

18 educational institution in any State that meets all of 

19 the following criteria: 

20 ‘‘(A) Admits as regular students only per21 sons who have a certificate of graduation from 

22 a school providing secondary education or the 

23 recognized equivalent of such a certificate. 

mmaher on PROD1PC60 with BILLS

5 

•HR 1758 IH

1 ‘‘(B) Is legally authorized within such 

2 State to provide a program of education beyond 

3 secondary education. 

4 ‘‘(C) Is accredited by a nationally recog5 nized accrediting agency or association, or if 

6 not so accredited, is an institution that has 

7 been granted preaccreditation status by such an 

8 agency or association that has been recognized 

9 by the Secretary of Education for the granting 

10 of preaccreditation status, and the Secretary of 

11 Education has determined that there are satis12 factory assurances that the institution will meet 

13 the accreditation standards of such an agency 

14 or association within a reasonable time. 

15 ‘‘(D) Provides an educational program for 

16 which the institution awards a bachelor’s degree 

17 or provides a program that requires a bach18 elor’s degree for admission. 

19 ‘‘(E) Is a public or other nonprofit institu20 tion. 

21 ‘‘(3) QUALIFIED SCHOLARSHIP PAYMENT.—The 

22 term ‘qualified scholarship’ payment means a pay23 ment to an institution of higher education in the 

24 United States in an amount which is equal to the 

25 then current maximum authorized Pell Grant award 

mmaher on PROD1PC60 with BILLS

6 

•HR 1758 IH

1 for each year under the Federal Pell Grants pro2 gram authorized under subpart 1 of part A of title 

3 IV of the Higher Education Act of 1965 (20 U.S.C. 

4 1070a et seq.).’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 of the Immigration and Nationality Act is amended by in7 serting after the item relating to section 218 the following: 

‘‘Sec. 218A. H–1B nonimmigrant status for certain aliens whose employers 

make scholarship payments for undergraduate and postgraduate education.’’. 

Æ 

mmaher on PROD1PC60 with BILLS