I
106TH CONGRESS
2D SESSION
H. R. 5448
To amend the Immigration and Nationality Act to give priority for certain
family-sponsored immigrants based upon educational attainment and to
require diversity immigrants to have a bachelor’s degree.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 11, 2000
Mr. SMITH of Texas introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to give pri-
ority for certain family-sponsored immigrants based upon
educational attainment and to require diversity immi-
grants to have a bachelor’s degree.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘New Economy Work-
force Act’’.
SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-
SPONSORED IMMIGRANTS.
Section 203(e)(1) of the Immigration and Nationality
Act (8 U.S.C. 1153(e)(1)) is amended—
(1) by striking ‘‘(1) Immigrant visas’’ and in-
serting ‘‘(1)(A) Subject to the succeeding provisions
of this paragraph, immigrant visas’’; and
(2) by adding at the end the following:
‘‘(B)(i) An immigrant visa may be made available
under paragraph (1), (2)(B), (3), or (4) of subsection (a)
to an alien who—
‘‘(I) does not have a bachelor’s degree (or high-
er degree) only if there is no qualified individual to
whom such a visa may be made available under the
respective paragraph who has such a degree; or
‘‘(II) is not a high school graduate only if there
is no qualified individual to whom such a visa may
be made available under the respective paragraph
who has a bachelor’s degree (or higher degree) or
who is a high school graduate.
‘‘(ii) For purposes of clause (i)—
‘‘(I) the term ‘bachelor’s degree’ includes a for-
eign degree that is a recognized foreign equivalent of
a bachelor’s degree; and
‘‘(II) the term ‘high school graduate’ means an
individual who has successfully completed either a
12-year course of elementary and secondary school
study in the United States or a formal course of ele-
mentary and secondary school study abroad equiva-
lent to a 12-year course of elementary and secondary
school study in the United States.
‘‘(iii) The determination of educational status under
clause (i) shall be made using the most recent evidence
with respect to educational credentials proffered by the
alien.’’.
SEC. 3. BACHELOR’S DEGREE REQUIREMENT FOR DIVER-
SITY IMMIGRANTS.
Section 203(c)(2) of the Immigration and Nationality
Act (8 U.S.C. 1153(a)(2)) is amended to read as follows:
‘‘(2) REQUIREMENT OF EDUCATION.—
‘‘(A) IN GENERAL.—An alien is not eligible
for a visa under this subsection unless the alien
has a bachelor’s degree (or higher degree).
‘‘(B) DEFINITION.—For purposes of sub-
paragraph (A), the term ‘bachelor’s degree’ in-
cludes a foreign degree that is a recognized for-
eign equivalent of a bachelor’s degree.’’.
SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RE-
SPECT TO DETERMINATIONS OF FOREIGN
DEGREE EQUIVALENCE AND VERIFICATION
OF EDUCATIONAL CREDENTIALS.
Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended by adding at the end the fol-
lowing:
‘‘(h) DETERMINATIONS WITH RESPECT TO FOREIGN
DEGREE EQUIVALENCE.—For purposes of subsections
(c)(2) and (e)(1)(B), in the case of an alien obtaining a
foreign degree, or completing a foreign course of elemen-
tary and secondary school study, any determination with
respect to the equivalence of that degree or course of study
to a degree obtained, or a course of study completed, in
the United States shall be made by the Secretary of State.
In carrying out the preceding sentence, the Secretary of
State shall verify the authenticity of any foreign edu-
cational credential proffered by an alien.’’.
SEC. 5. ADMINISTRATIVE OBLIGATIONS.
(a) ALLOCATION OF VISAS TO FAMILY-SPONSORED
IMMIGRANTS.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in con-
sultation with the Attorney General, shall promulgate reg-
ulations regarding the allocation of immigrant visas, made
available under paragraphs (1), (2)(B), (3), and (4) of sec-
tion 203(a) of the Immigration and Nationality Act, pur-
suant to the amendments made by this Act.
(b) DETERMINATIONS WITH RESPECT TO FOREIGN
DEGREES.—
(1) IN GENERAL.—Not later than 90 days after
the date of the enactment of this Act, the Secretary
of State, in consultation with the Attorney General
and the Secretary of Education, shall promulgate
regulations to carry out section 203(h) of the Immi-
gration and Nationality Act (as added by section 4).
(2) IMPOSITION
OF
FEE.—Such regulations
may permit the Secretary of State to charge and col-
lect a processing and verification fee, to be set at a
level that will ensure recovery of the full costs in-
curred in carrying out such section 203(h).
(3) USE OF FEE.—There is established in the
general fund of the Treasury a separate account,
which shall be known as the ‘‘Foreign Degree
Equivalence Account’’. Notwithstanding any other
provision of law, there shall be deposited as offset-
ting receipts into the account all fees collected pur-
suant to paragraph (2). Amounts deposited into the
account shall remain available to the Secretary of
State until expended to carry out section 203(h) of
the Immigration and Nationality Act (as added by
section 4).
(c) OTHER REGULATIONS.—Except as provided in
subsections (a) and (b), not later than 90 days after the
date of the enactment of this Act, the Attorney General,
in consultation with the Secretary of State and the Sec-
retary of Education, shall promulgate regulations imple-
menting the amendments made by this Act.
(d) FORMS.—Not later than 90 days after the date
on which regulations are promulgated under subsections
(a) through (c), the Attorney General and the Secretary
of State shall each make available revised forms, as appro-
priate, that prominently include instructions regarding
procedures for establishing an alien’s level of educational
attainment for purposes of the amendments made by this
Act. Such forms shall include appropriate forms for
supplementing prior submissions.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to im-
migrant visas made available under section 203(a) of the
Immigration and Nationality Act on or after the date that
is 180 days after the date of the enactment of this Act,
and immigrant visas made available under section 203(c)
of such Act on or after October 1, 2002, regardless of
the date any classification petition under section 204 of
such Act may have been filed.
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