‘‘(1) disregarding section 214(g)(1)(A), meets
all the requirements for an H–1B nonimmigrant;
and
‘‘(2) possesses a master’s or Ph.D. degree from
an institution of higher education in the United
States (or an equivalent degree from an educational
institution in a foreign country).
‘‘(c) NUMERICAL LIMITATION.—The total number of
aliens who may be issued a visa or otherwise provided non-
immigrant status under this section may not exceed
65,000 during any fiscal year (beginning with fiscal year
2000 and ending with fiscal year 2002). Aliens issued a
visa or otherwise provided nonimmigrant status under this
section shall not be counted in applying the numerical lim-
itations under section 214(g)(1)(A).
‘‘(d) USE OF SCHOLARSHIP FUNDS BY INSTITUTIONS
OF HIGHER EDUCATION.—An institution of higher edu-
cation that receives funds under subsection (a) shall use
such funds only to provide scholarships administered by
such institution to students enrolled full-time in programs
of undergraduate and postgraduate study. Priority consid-
eration in the award of such scholarships shall be given
to citizens and permanent resident aliens.
‘‘(e) CERTIFICATION.—Not later than 15 days after
receipt of a payment pursuant to this section, an institu-
tion of higher education shall certify the receipt of such
payment to the Attorney General.
‘‘(f) DEADLINES.—A visa (or other appropriate docu-
mentation of status) under this section shall be issued—
‘‘(1) within 30 days of receipt of certification
under subsection (e); and
‘‘(2) in the case of an alien who received a de-
gree described in subsection (b)(2) from an edu-
cational institution in a foreign country, within 30
days of receipt of a completed application and cer-
tification under subsection (e).
‘‘(g) DEFINITIONS.—For purposes of this section:
‘‘(1) H–1B NONIMMIGRANT.—The term ‘H–1B
nonimmigrant’ has the meaning given such term in
section 212(n)(4).
‘‘(2) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ means an
educational institution in any State that meets all of
the following criteria:
‘‘(A) Admits as regular students only per-
sons who have a certificate of graduation from
a school providing secondary education or the
recognized equivalent of such a certificate.
‘‘(B) Is legally authorized within such
State to provide a program of education beyond
secondary education.
‘‘(C) Is accredited by a nationally recog-
nized accrediting agency or association, or if
not so accredited, is an institution that has
been granted preaccreditation status by such an
agency or association that has been recognized
by the Secretary of Education for the granting
of preaccreditation status, and the Secretary
has determined that there are satisfactory as-
surances that the institution will meet the ac-
creditation standards of such an agency or as-
sociation within a reasonable time.
‘‘(D) Provides an educational program for
which the institution awards a bachelor’s degree
or provides a program that requires a bach-
elor’s degree for admission.
‘‘(E) Is a public or other nonprofit institu-
tion.
‘‘(3) QUALIFIED SCHOLARSHIP PAYMENT.—The
term ‘qualified scholarship’ payment means a pay-
ment to an institution of higher education in the
United States in an amount which is equal to the
then current maximum authorized Pell Grant award
for each year under the Federal Pell Grants pro-
gram authorized under subpart 1 of part A of title
IV of the Higher Education Act of 1965 (20 U.S.C.
1070a et seq.).’’.
(b) CLERICAL AMENDMENT.—The table of contents
of the Immigration and Nationality Act is amended by in-
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 post-
graduate education.’’.
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