I

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

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘New Economy Work5 force Act’’.
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1 SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY2 SPONSORED IMMIGRANTS.

3 Section 203(e)(1) of the Immigration and Nationality

4 Act (8 U.S.C. 1153(e)(1)) is amended—

5 (1) by striking ‘‘(1) Immigrant visas’’ and in6 serting ‘‘(1)(A) Subject to the succeeding provisions

7 of this paragraph, immigrant visas’’; and

8 (2) by adding at the end the following:

9 ‘‘(B)(i) An immigrant visa may be made available

10 under paragraph (1), (2)(B), (3), or (4) of subsection (a)

11 to an alien who—

12 ‘‘(I) does not have a bachelor’s degree (or high13 er degree) only if there is no qualified individual to

14 whom such a visa may be made available under the

15 respective paragraph who has such a degree; or

16 ‘‘(II) is not a high school graduate only if there

17 is no qualified individual to whom such a visa may

18 be made available under the respective paragraph

19 who has a bachelor’s degree (or higher degree) or

20 who is a high school graduate.

21 ‘‘(ii) For purposes of clause (i)—

22 ‘‘(I) the term ‘bachelor’s degree’ includes a for23 eign degree that is a recognized foreign equivalent of

24 a bachelor’s degree; and

25 ‘‘(II) the term ‘high school graduate’ means an

26 individual who has successfully completed either a
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1 12-year course of elementary and secondary school

2 study in the United States or a formal course of ele3 mentary and secondary school study abroad equiva4 lent to a 12-year course of elementary and secondary

5 school study in the United States.

6 ‘‘(iii) The determination of educational status under

7 clause (i) shall be made using the most recent evidence

8 with respect to educational credentials proffered by the

9 alien.’’.

10 SEC. 3. BACHELOR’S DEGREE REQUIREMENT FOR DIVER11 SITY IMMIGRANTS.

12 Section 203(c)(2) of the Immigration and Nationality

13 Act (8 U.S.C. 1153(a)(2)) is amended to read as follows:

14 ‘‘(2) REQUIREMENT OF EDUCATION.—

15 ‘‘(A) IN GENERAL.—An alien is not eligible

16 for a visa under this subsection unless the alien

17 has a bachelor’s degree (or higher degree).

18 ‘‘(B) DEFINITION.—For purposes of sub19 paragraph (A), the term ‘bachelor’s degree’ in20 cludes a foreign degree that is a recognized for21 eign equivalent of a bachelor’s degree.’’.
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1 SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RE2 SPECT TO DETERMINATIONS OF FOREIGN

3 DEGREE EQUIVALENCE AND VERIFICATION

4 OF EDUCATIONAL CREDENTIALS.

5 Section 203 of the Immigration and Nationality Act

6 (8 U.S.C. 1153) is amended by adding at the end the fol7 lowing:

8 ‘‘(h) DETERMINATIONS WITH RESPECT TO FOREIGN

9 DEGREE EQUIVALENCE.—For purposes of subsections

10 (c)(2) and (e)(1)(B), in the case of an alien obtaining a

11 foreign degree, or completing a foreign course of elemen12 tary and secondary school study, any determination with

13 respect to the equivalence of that degree or course of study

14 to a degree obtained, or a course of study completed, in

15 the United States shall be made by the Secretary of State.

16 In carrying out the preceding sentence, the Secretary of

17 State shall verify the authenticity of any foreign edu18 cational credential proffered by an alien.’’.

19 SEC. 5. ADMINISTRATIVE OBLIGATIONS.

20 (a) ALLOCATION OF VISAS TO FAMILY-SPONSORED

21 IMMIGRANTS.—Not later than 90 days after the date of

22 the enactment of this Act, the Secretary of State, in con23 sultation with the Attorney General, shall promulgate reg24 ulations regarding the allocation of immigrant visas, made

25 available under paragraphs (1), (2)(B), (3), and (4) of sec-
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1 tion 203(a) of the Immigration and Nationality Act, pur2 suant to the amendments made by this Act.

3 (b) DETERMINATIONS WITH RESPECT TO FOREIGN

4 DEGREES.—

5 (1) IN GENERAL.—Not later than 90 days after

6 the date of the enactment of this Act, the Secretary

7 of State, in consultation with the Attorney General

8 and the Secretary of Education, shall promulgate

9 regulations to carry out section 203(h) of the Immi10 gration and Nationality Act (as added by section 4).

11 (2) IMPOSITION OF FEE.—Such regulations

12 may permit the Secretary of State to charge and col13 lect a processing and verification fee, to be set at a

14 level that will ensure recovery of the full costs in15 curred in carrying out such section 203(h).

16 (3) USE OF FEE.—There is established in the

17 general fund of the Treasury a separate account,

18 which shall be known as the ‘‘Foreign Degree

19 Equivalence Account’’. Notwithstanding any other

20 provision of law, there shall be deposited as offset21 ting receipts into the account all fees collected pur22 suant to paragraph (2). Amounts deposited into the

23 account shall remain available to the Secretary of

24 State until expended to carry out section 203(h) of
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1 the Immigration and Nationality Act (as added by

2 section 4).

3 (c) OTHER REGULATIONS.—Except as provided in

4 subsections (a) and (b), not later than 90 days after the

5 date of the enactment of this Act, the Attorney General,

6 in consultation with the Secretary of State and the Sec7 retary of Education, shall promulgate regulations imple8 menting the amendments made by this Act.

9 (d) FORMS.—Not later than 90 days after the date

10 on which regulations are promulgated under subsections

11 (a) through (c), the Attorney General and the Secretary

12 of State shall each make available revised forms, as appro13 priate, that prominently include instructions regarding

14 procedures for establishing an alien’s level of educational

15 attainment for purposes of the amendments made by this

16 Act. Such forms shall include appropriate forms for

17 supplementing prior submissions.

18 SEC. 6. EFFECTIVE DATE.

19 The amendments made by this Act shall apply to im20 migrant visas made available under section 203(a) of the

21 Immigration and Nationality Act on or after the date that

22 is 180 days after the date of the enactment of this Act,

23 and immigrant visas made available under section 203(c)

24 of such Act on or after October 1, 2002, regardless of
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1 the date any classification petition under section 204 of

2 such Act may have been filed.

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