I 
109TH CONGRESS 
2D SESSION 
H. R. 5744 
To amend the Immigration and Nationality Act to increase competitiveness 
in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2006 
Mr. SHADEGG (for himself, Mr. HOEKSTRA, Mr. TIAHRT, Mr. MCCAUL of 
Texas, Mr. SHIMKUS, Mr. PENCE, Mr. DOOLITTLE, Mr. FLAKE, Mr. 
CAMPBELL of California, and Mr. CONAWAY) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to increase 
competitiveness in the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Securing Knowledge, Innovation, and Leadership Act of 
2006’’ or the ‘‘SKIL Act of 2006’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ACCESS TO HIGH SKILLED FOREIGN WORKERS 
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Sec. 101. H–1B visa holders. 
Sec. 102. Market-based visa limits. 
TITLE II—RETAINING FOREIGN WORKERS EDUCATED IN THE 
UNITED STATES 
Sec. 201. United States educated immigrants. 
Sec. 202. Immigrant visa backlog reduction. 
Sec. 203. Student visa reform. 
Sec. 204. L–1 visa holders subject to visa backlog. 
Sec. 205. Retaining workers subject to green card backlog. 
TITLE III—BUSINESS FACILITATION THROUGH IMMIGRATION 
REFORM 
Sec. 301. Streamlining the adjudication process for established employers. 
Sec. 302. Providing premium processing of employment-based visa petitions. 
Sec. 303. Eliminating procedural delays in labor certification process. 
TITLE IV—MISCELLANEOUS 
Sec. 401. Completion of background and security checks. 
Sec. 402. Visa revalidation. 
Sec. 403. Severability. 
Sec. 404. Constitutional authority. 
TITLE I—ACCESS TO HIGH 
SKILLED FOREIGN WORKERS 
SEC. 101. H–1B VISA HOLDERS. 
(a) IN GENERAL.—Section 214(g)(5) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(g)(5)) is 
amended— 
(1) in subparagraph (B)— 
(A) by striking ‘‘nonprofit research’’ and 
inserting ‘‘nonprofit’’; 
(B) by inserting ‘‘Federal, State, or local’’ 
before ‘‘governmental’’; and 
(C) by striking ‘‘or’’ at the end; 
(2) in subparagraph (C)— 
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(A) by striking ‘‘a United States institu-
tion of higher education (as defined in section 
101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a))),’’ and inserting ‘‘an insti-
tution of higher education in a foreign coun-
try,’’; and 
(B) by striking the period at the end and 
inserting a semicolon; 
(3) by adding at the end, the following new sub-
paragraphs: 
‘‘(D) has earned a master’s or higher degree 
from a United States institution of higher education 
(as defined in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a))); 
‘‘(E) has been awarded medical specialty certifi-
cation based on post-doctoral training and experi-
ence in the United States; or’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply to any petition or visa application 
pending on the date of enactment of this Act and any peti-
tion or visa application filed on or after such date. 
SEC. 102. MARKET-BASED VISA LIMITS. 
Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)) is amended— 
(1) in paragraph (1)— 
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(A) in the matter preceding subparagraph 
(A), by striking ‘‘(beginning with fiscal year 
1992)’’; and 
(B) in subparagraph (A)— 
(i) in clause (vi) by striking ‘‘and’’; 
(ii) in clause (vii), by striking ‘‘each 
succeeding fiscal year; or’’ and inserting 
‘‘each of fiscal years 2004, 2005, and 
2006;’’; and 
(iii) by adding after clause (vii) the 
following: 
‘‘(viii) 115,000 in the first fiscal year 
beginning after the date of the enactment 
of the Securing Knowledge, Innovation, 
and Leadership Act of 2006; and 
‘‘(ix) the number calculated under 
paragraph (9) in each fiscal year after the 
year described in clause (viii); or’’; 
(2) in paragraph (5), as amended by section 
101(a), in the matter preceding subparagraph (A), 
by inserting ‘‘101(a)(15)(H)(i)(b1) or section’’ after 
‘‘under section’’; 
(3) in paragraph (8), by striking subparagraphs 
(B)(iv) and (D); 
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(4) by redesignating paragraphs (9), (10), and 
(11) as paragraphs (10), (11), and (12), respec-
tively; and 
(5) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) If the numerical limitation in paragraph 
(1)(A)— 
‘‘(A) is reached during a given fiscal year, 
the numerical limitation under paragraph 
(1)(A)(ix) for the subsequent fiscal year shall 
be equal to 120 percent of the numerical limita-
tion of the given fiscal year; or 
‘‘(B) is not reached during a given fiscal 
year, the numerical limitation under paragraph 
(1)(A)(ix) for the subsequent fiscal year shall 
be equal to the numerical limitation of the given 
fiscal year.’’. 
TITLE II—RETAINING FOREIGN 
WORKERS EDUCATED IN THE 
UNITED STATES 
SEC. 201. UNITED STATES EDUCATED IMMIGRANTS. 
(a) IN GENERAL.—Section 201(b)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1151(b)(1)) is 
amended by adding at the end the following: 
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‘‘(F) Aliens who have earned a master’s or 
higher degree from an accredited United States 
university. 
‘‘(G) Aliens who have been awarded med-
ical specialty certification based on post-doc-
toral training and experience in the United 
States preceding their application for an immi-
grant visa under section 203(b). 
‘‘(H) Aliens who will perform labor in 
shortage occupations designated by the Sec-
retary of Labor for blanket certification under 
section 212(a)(5)(A) as lacking sufficient 
United States workers able, willing, qualified, 
and available for such occupations and for 
which the employment of aliens will not ad-
versely affect the terms and conditions of simi-
larly employed United States workers. 
‘‘(I) Aliens who have earned a master’s de-
gree or higher in science, technology, engineer-
ing, or math and have been working in a re-
lated field in the United States in a non-
immigrant status during the 3-year period pre-
ceding their application for an immigrant visa 
under section 203(b). 
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