396 
(B) ensure that there is sufficient human 
resource planning or other technical assistance 
needed to reduce further health worker short-
ages in such countries. 
(e) AUTHORITY OF CONSULAR OFFICER TO GRANT 
PREFERENCE STATUS.—Section 204(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(b)) is amended— 
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; 
and 
(2) by adding at the end the following: 
‘‘(2) Notwithstanding paragraph (1), for indi-
vidual beneficiaries outside of the United States 
seeking classification under section 203(b) who will 
perform labor in shortage occupations designated by 
the Secretary 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 em-
ployment of aliens will not adversely affect the terms 
and conditions of similarly employed United States 
workers, a consular officer, upon petition of the im-
porting employer, shall have authority to determine 
eligibility if the officer determines that the facts 
stated in the petition are true and the alien is eligi-
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397 
ble for the preference. The consular officer shall also 
have authority to grant the preference status.’’. 
SEC. 505. EXPEDITED ADJUDICATION OF EMPLOYER PETI-
TIONS FOR ALIENS OF EXTRAORDINARY AR-
TISTIC ABILITY. 
Section 214(c) (8 U.S.C. 1184(c)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(2) in paragraph (6)(D)— 
(A) by striking ‘‘Any person’’ and inserting 
‘‘(i) Except as provided in clause (ii), any per-
son’’; and 
(B) adding at the end the following: 
‘‘(ii) The Secretary of Homeland Security shall 
adjudicate each petition for an alien with extraor-
dinary ability in the arts (as described in section 
101(a)(15)(O)(i)), an alien accompanying such an 
alien (as described in clauses (ii) and (iii) of section 
101(a)(15)(O)), or an alien described in section 
101(a)(15)(P) not later than 30 days after— 
‘‘(I) the date on which the petitioner sub-
mits the petition with a written advisory opin-
ion, letter of no objection, or request for a waiv-
er; or 
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398 
‘‘(II) the date on which the 15-day period 
described in clause (i) has expired, if the peti-
tioner has had an opportunity, as appropriate, 
to supply rebuttal evidence. 
‘‘(iii) If a petition described in clause (ii) is not 
adjudicated before the end of the 30-day period de-
scribed in clause (ii) and the petitioner is a qualified 
nonprofit organization or an individual or entity pe-
titioning primarily on behalf of a qualified nonprofit 
organization, the Secretary of Homeland Security 
shall provide the petitioner with the premium-proc-
essing services referred to in section 286(u), without 
a fee.’’. 
SEC. 506. POWERLINE WORKERS AND BOILERMAKERS. 
Section 214(e) (8 U.S.C. 1184(e)) is amended by 
adding at the end the following: 
‘‘(7) A citizen of Canada shall be admitted in the 
same manner and under the same authority as a citizen 
of Canada described in paragraph (2) if the citizen— 
‘‘(A) is a powerline worker or boilermaker; 
‘‘(B) has received significant training; and 
‘‘(C) seeks admission to the United States to 
perform powerline repair and maintenance services 
or boilermaker repair or maintenance services.’’. 
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399 
SEC. 507. H–1B VISAS. 
(a) IN GENERAL.—Section 214(g)(5) (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)— 
(A) by striking ‘‘until the number of aliens 
who are exempted from such numerical limita-
tion during such fiscal year exceeds 20,000.’’ 
and inserting ‘‘or has been awarded a medical 
specialty certification based on post-doctoral 
training and experience in the United States.’’; 
and 
(B) by striking the period at the end and 
inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(D) has earned a master’s or higher degree in 
science, technology, engineering, or mathematics 
from an institution of higher education outside of 
the United States.’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply to any petition or visa application 
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400 
pending on the date of enactment of this Act and any peti-
tion or visa application filed on or after such date. 
(c) MARKET-BASED VISA LIMITS.—Section 214(g) 
(8 U.S.C. 1184(g)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘(beginning with fiscal year 
1992)’’; and 
(B) by amending subparagraph (A) to read 
as follows: 
‘‘(A) under section 101(a)(15)(H)(i)(b), 
may not exceed— 
‘‘(i) 115,000 in fiscal year 2007; and 
‘‘(ii) the sum of 115,000 and the 
number calculated under paragraph (9) in 
fiscal year 2008 and each subsequent fiscal 
year;’’. 
(2) in paragraph (8)— 
(A) in subparagraph (B), by striking 
clause (iv); and 
(B) by striking subparagraph (D); 
(3) by redesignating paragraphs (9), (10), and 
(11) as paragraphs (10), (11), and (12), respec-
tively; and 
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401 
(4) 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) for the subsequent fiscal year shall be 
equal to 120 percent of the numerical limitation 
of the given fiscal year, not to exceed 180,000; 
or 
‘‘(B) is not reached during a given fiscal 
year, the numerical limitation under paragraph 
(1)(A) for the subsequent fiscal year shall be 
equal to the numerical limitation of the given 
fiscal year.’’. 
SEC. 508. UNITED STATES EDUCATED IMMIGRANTS. 
(a) EXEMPTION FROM NUMERICAL LIMITATIONS.— 
(1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 
1151(b)(1)), as amended by section 504(a), is fur-
ther amended by adding at the end the following: 
‘‘(G) Aliens who have earned a master’s or 
higher degree from an accredited university in the 
United States. 
‘‘(H) Aliens who have been awarded medical 
specialty certification based on post-doctoral training 
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402 
and experience in the United States preceding their 
application for an immigrant visa under section 
203(b). 
‘‘(I) Aliens who will perform labor in shortage 
occupations designated by the Secretary of Labor for 
blanket certification under section 212(a)(5)(A) as 
lacking sufficient United States workers able, will-
ing, qualified, and available for such occupations and 
for which the employment of aliens will not adversely 
affect the terms and conditions of similarly employed 
United States workers. 
‘‘(J) Aliens who have earned a master’s degree 
or higher in science, technology, engineering, or 
math and have been working in a related field in the 
United States in a nonimmigrant status during the 
3-year period preceding their application for an im-
migrant visa under section 203(b). 
‘‘(K) Aliens described in subparagraph (A) or 
(B) of section 203(b)(1) or who have received a na-
tional interest waiver under section 203(b)(2)(B). 
‘‘(L) The spouse and minor children of an alien 
described in subparagraph (G), (H), (I), (J), or 
(K).’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall apply to any visa application— 
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(A) pending on the date of the enactment 
of this Act; or 
(B) filed on or after such date of enact-
ment. 
(b) 
LABOR
CERTIFICATIONS.—Section 
212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amend-
ed— 
(1) in subclause (I), by striking ‘‘, or’’ and in-
serting a semicolon; 
(2) in subclause (II), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(III) is a member of the profes-
sions and has a master’s degree or 
higher from an accredited university 
in the United States or has been 
awarded medical specialty certification 
based on post-doctoral training and 
experience in the United States.’’. 
(c) ATTESTATION BY HEALTHCARE WORKERS.— 
(1) REQUIREMENT FOR ATTESTATION.—Section 
212(a)(5) (8 U.S.C. 1182(a)(5)) is amended by add-
ing at the end the following: 
‘‘(E) HEALTHCARE WORKERS WITH OTHER 
OBLIGATIONS.— 
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404 
‘‘(i) IN
GENERAL.—An alien who 
seeks to enter the United States for the 
purpose of performing labor as a physician 
or other healthcare worker is inadmissible 
unless the alien submits to the Secretary of 
Homeland Security or the Secretary of 
State, as appropriate, an attestation that 
the alien is not seeking to enter the United 
States for such purpose during any period 
in which the alien has an outstanding obli-
gation to the government of the alien’s 
country of origin or the alien’s country of 
residence. 
‘‘(ii) OBLIGATION DEFINED.—In this 
subparagraph, the term ‘obligation’ means 
an obligation incurred as part of a valid, 
voluntary individual agreement in which 
the alien received financial assistance to 
defray the costs of education or training to 
qualify as a physician or other healthcare 
worker in consideration for a commitment 
to work as a physician or other healthcare 
worker in the alien’s country of origin or 
the alien’s country of residence. 
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405 
‘‘(iii) WAIVER.—The Secretary of 
Homeland Security may waive a finding of 
inadmissibility under clause (i) if the Sec-
retary determines that— 
‘‘(I) the obligation was incurred 
by coercion or other improper means; 
‘‘(II) the alien and the govern-
ment of the country to which the alien 
has an outstanding obligation have 
reached a valid, voluntary agreement, 
pursuant to which the alien’s obliga-
tion has been deemed satisfied, or the 
alien has shown to the satisfaction of 
the Secretary that the alien has been 
unable to reach such an agreement 
because of coercion or other improper 
means; or 
‘‘(III) the obligation should not 
be enforced due to other extraordinary 
circumstances, including undue hard-
ship that would be suffered by the 
alien in the absence of a waiver.’’. 
(2) EFFECTIVE DATE AND APPLICATION.— 
(A) EFFECTIVE
DATE.—The amendment 
made by paragraph (1) shall become effective 
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406 
180 days after the date of the enactment of this 
Act. 
(B) APPLICATION BY THE SECRETARY.— 
The Secretary shall begin to carry out section 
212(a)(5)(E) of the Immigration and Nation-
ality Act, as added by paragraph (1), not later 
than the effective date described in subpara-
graph (A), including the requirement for the at-
testation and the granting of a waiver described 
in such section, regardless of whether regula-
tions to implement such section have been pro-
mulgated. 
SEC. 509. STUDENT VISA REFORM. 
(a) IN GENERAL.— 
(1) NONIMMIGRANT CLASSIFICATION.—Section 
101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amend-
ed to read as follows: 
‘‘(F) an alien— 
‘‘(i) who— 
‘‘(I) is a bona fide student qualified to 
pursue a full course of study in mathe-
matics, engineering, technology, or the 
sciences leading to a bachelors or graduate 
degree and who seeks to enter the United 
States for the purpose of pursuing such a 
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course of study consistent with section 
214(m) at an institution of higher edu-
cation (as defined by section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 
1001(a))) in the United States, particu-
larly designated by the alien and approved 
by the Secretary of Homeland Security, 
after consultation with the Secretary of 
Education, which institution or place of 
study shall have agreed to report to the 
Secretary the termination of attendance of 
each nonimmigrant student, and if any 
such institution of learning or place of 
study fails to make reports promptly the 
approval shall be withdrawn; or 
‘‘(II) is engaged in temporary employ-
ment for optional practical training related 
to such alien’s area of study following com-
pletion of the course of study described in 
subclause (I) for a period or periods of not 
more than 24 months; 
‘‘(ii) who— 
‘‘(I) has a residence in a foreign coun-
try which the alien has no intention of 
abandoning, who is a bona fide student 
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qualified to pursue a full course of study, 
and who seeks to enter the United States 
temporarily and solely for the purpose of 
pursuing such a course of study consistent 
with section 214(m) at an established col-
lege, university, seminary, conservatory, 
academic high school, elementary school, or 
other academic institution or in a language 
training program in the United States, 
particularly designated by the alien and 
approved by the Secretary of Homeland 
Security, after consultation with the Sec-
retary of Education, which institution or 
place of study shall have agreed to report 
to the Secretary the termination of attend-
ance of each nonimmigrant student, and if 
any such institution of learning or place of 
study fails to make reports promptly the 
approval shall be withdrawn; or 
‘‘(II) is engaged in temporary employ-
ment for optional practical training related 
to such alien’s area of study following com-
pletion of the course of study described in 
subclause (I) for a period or periods of not 
more than 24 months; 
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‘‘(iii) who is the spouse or minor child of 
an alien described in clause (i) or (ii) if accom-
panying or following to join such an alien; 
‘‘(iv) who— 
‘‘(I) is a national of Canada or Mex-
ico, who maintains actual residence and 
place of abode in the country of nation-
ality, who is described in clause (i) or (ii) 
except that the alien’s qualifications for 
and actual course of study may be full or 
part-time, and who commutes to the 
United States institution or place of study 
from Canada or Mexico; or 
‘‘(II) is engaged in temporary employ-
ment for optional practical training related 
to such the student’s area of study fol-
lowing completion of the course of study 
described in subclause (I) for a period or 
periods of not more than 24 months; or 
‘‘(v) who— 
‘‘(I) maintains actual residence and 
place of abode in the alien’s country of na-
tionality; and 
‘‘(II) is described in clause (i), except 
that the alien’s actual course of study may 
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