II 

110TH CONGRESS 

1ST SESSION S. 1350 

To amend title II of the Immigration and Nationality Act to reform the 

diversity visa program and create a program that awards visas to aliens 

with an advanced degree. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2007 

Mr. GREGG introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend title II of the Immigration and Nationality Act 

to reform the diversity visa program and create a program that awards visas to aliens with an advanced 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. IMMIGRANTS WITH ADVANCED DEGREES. 

4 (a) WORLDWIDE LEVEL.—Section 201 of the Immi5 gration and Nationality Act (8 U.S.C. 1151) is amend6 ed— 


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1 (1) in subsection (a)(3), by inserting ‘‘and im2 migrants with advanced degrees’’ after ‘‘diversity 

3 immigrants’’; and 

4 (2) by amending subsection (e) to read as fol5 lows: 

6 ‘‘(e) WORLDWIDE LEVEL OF DIVERSITY IMMIGRANTS

7 AND IMMIGRANTS WITH ADVANCED DEGREES.— 

8 ‘‘(1) DIVERSITY IMMIGRANTS.—The worldwide 

9 level of diversity immigrants described in section 

10 203(c)(1) is equal to 18,333 for each fiscal year. 

11 ‘‘(2) IMMIGRANTS WITH ADVANCED DE12 GREES.—The worldwide level of immigrants with ad13 vanced degrees described in section 203(c)(2) is 

14 equal to 36,667 for each fiscal year.’’. 

15 (b) ALLOCATION OF IMMIGRANT VISAS.—Section 203 

16 of the Immigration and Nationality Act (8 U.S.C. 

17 1153(c)) is amended— 

18 (1) in subsection (c)— 

19 (A) in paragraph (1), by striking ‘‘para20 graph (2), aliens subject to the worldwide level 

21 specified in section 201(e)’’ and inserting 

22 ‘‘paragraphs (2) and (3), aliens subject to the 

23 worldwide level specified in section 201(e)(1)’’; 

24 (B) by redesignating paragraphs (2) and 

25 (3) as paragraphs (3) and (4), respectively; 


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1 (C) by inserting after paragraph (1) the 

2 following: 

3 ‘‘(2) ALIENS WHO HOLD AN ADVANCED DEGREE

4 IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGI5 NEERING.— 

6 ‘‘(A) IN GENERAL.—Qualified immigrants 

7 who hold a master’s or doctorate degree in the 

8 life sciences, the physical sciences, mathematics, 

9 technology, or engineering shall be allotted visas 

10 each fiscal year in a number not to exceed the 

11 worldwide level specified in section 201(e)(2). 

12 ‘‘(B) ECONOMIC CONSIDERATIONS.—Be13 ginning on the date which is 1 year after the 

14 date of the enactment of this paragraph, the 

15 Secretary of State, in consultation with the Sec16 retary of Commerce and the Secretary of 

17 Labor, and after notice and public hearing, 

18 shall determine which of the degrees described 

19 in subparagraph (A) will provide immigrants 

20 with the knowledge and skills that are most 

21 needed to meet anticipated workforce needs and 

22 protect the economic security of the United 

23 States.’’; 


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1 (D) in paragraph (3), as redesignated, by 

2 striking ‘‘this subsection’’ each place it appears 

3 and inserting ‘‘paragraph (1)’’; and 

4 (E) by amending paragraph (4), as redes5 ignated, to read as follows: 

6 ‘‘(4) MAINTENANCE OF INFORMATION.— 

7 ‘‘(A) DIVERSITY IMMIGRANTS.—The Sec8 retary of State shall maintain information on 

9 the age, occupation, education level, and other 

10 relevant characteristics of immigrants issued 

11 visas under paragraph (1). 

12 ‘‘(B) IMMIGRANTS WITH ADVANCED DE13 GREES.—The Secretary of State shall maintain 

14 information on the age, degree (including field 

15 of study), occupation, work experience, and 

16 other relevant characteristics of immigrants 

17 issued visas under paragraph (2).’’; and 

18 (2) in subsection (e)— 

19 (A) in paragraph (2), by striking ‘‘(c)’’ and 

20 inserting ‘‘(c)(1)’’; 

21 (B) by redesignating paragraph (3) as 

22 paragraph (4); and 

23 (C) by inserting after paragraph (2) the 

24 following: 


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1 ‘‘(3) Immigrant visas made available under sub2 section (c)(2) shall be issued as follows: 

3 ‘‘(A) If the Secretary of State has not made a 

4 determination under subsection (c)(2)(B), immigrant 

5 visas shall be issued in a strictly random order es6 tablished by the Secretary for the fiscal year in7 volved. 

8 ‘‘(B) If the Secretary of State has made a de9 termination under subsection (c)(2)(B) and the 

10 number of eligible qualified immigrants who have a 

11 degree selected under such subsection and apply for 

12 an immigrant visa described in subsection (c)(2) is 

13 greater than the worldwide level specified in section 

14 201(e)(2), the Secretary shall issue immigrant visas 

15 only to such immigrants and in a strictly random 

16 order established by the Secretary for the fiscal year 

17 involved. 

18 ‘‘(C) If the Secretary of State has made a de19 termination under subsection (c)(2)(B) and the 

20 number of eligible qualified immigrants who have de21 grees selected under such subsection and apply for 

22 an immigrant visa described in subsection (c)(2) is 

23 not greater than the worldwide level specified in sec24 tion 201(e)(2), the Secretary shall— 


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1 ‘‘(i) issue immigrant visas to eligible quali2 fied immigrants with degrees selected in sub3 section (c)(2)(B); and 

4 ‘‘(ii) issue any immigrant visas remaining 

5 thereafter to other eligible qualified immigrants 

6 with degrees described in subsection (c)(2)(A) 

7 in a strictly random order established by the 

8 Secretary for the fiscal year involved.’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect on October 1, 2007. 

11 SEC. 2. CARRYOVER OF ADVANCED DEGREE VISAS AND DI12 VERSITY VISAS. 

13 Section 204(a)(1)(I)(ii)(II) of the Immigration and 

14 Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)) is amend15 ed to read as follows: 

16 ‘‘(II) An immigrant visa made available under sub17 section 203(c) for fiscal year 2007, or for any subsequent 

18 fiscal year, may be issued, or adjustment of status under 

19 section 245(a) may be granted, to an eligible qualified 

20 alien who has properly applied for such visa or adjustment 

21 of status in the fiscal year for which the alien was selected 

22 notwithstanding the end of such fiscal year. Such visa or 

23 adjustment of status shall be counted against the worldVerDate Aug 31 2005 02:17 May 11, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1350.IS S1350

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1 wide levels set forth in section 201(e) for the fiscal year 

2 for which the alien was selected.’’. 

Æ 


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