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 institu-
tions 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 insti-
tutions of higher education for undergraduate and post-
graduate education. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. H–1B NONIMMIGRANT STATUS FOR CERTAIN 
ALIENS WHOSE EMPLOYERS MAKE SCHOLAR-
SHIP DONATIONS FOR UNDERGRADUATE AND 
POST-GRADUATE EDUCATION. 
(a) IN GENERAL.—The Immigration and Nationality 
Act is amended by inserting after section 218 the following 
new section: 
‘‘H–1B
NONIMMIGRANT
STATUS
FOR
CERTAIN
ALIENS 
WHOSE EMPLOYERS MAKE SCHOLARSHIP PAYMENTS 
FOR
UNDERGRADUATE
AND
POSTGRADUATE
EDU-
CATION 
‘‘SEC. 218A. (a) H–1B STATUS.—Notwithstanding 
section 214(g)(1)(A) and subject to subsection (c), during 
the period beginning on the date of the enactment of this 
Act and ending on September 30, 2012, the Secretary of 
Homeland Security may provide nonimmigrant status 
under section 101(a)(15)(H)(i)(b) to an alien who meets 
the requirements under subsection (b), if the employer pe-
titioning under section 214(c) for the provision of such 
status makes a qualified scholarship payment for each 
year in which such status is held. 
‘‘(b) ELIGIBILITY.—An alien shall be eligible for a 
visa or the provision of H–1B nonimmigrant status under 
this section if the alien— 
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‘‘(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 
2008 and ending with fiscal year 2012). 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-
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