‘‘(J) Aliens described in subparagraph (A) 
or (B) of section 203(b)(1) or who have re-
ceived a national interest waiver under section 
203(b)(2)(B). 
‘‘(K) The spouse and minor children of an 
alien who is admitted as an employment-based 
immigrant under section 203(b).’’. 
(b) 
LABOR
CERTIFICATIONS.—Section 
212(a)(5)(A)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(5)(A)(ii)) is amended— 
(1) by striking ‘‘or’’ at the end of subclause (I); 
(2) by striking the period at the end of sub-
clause (II) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(I) is a member of the profes-
sions and has a master’s degree or 
higher from an accredited United 
States university or has been awarded 
medical specialty certification based 
on post-doctoral training and experi-
ence in the United States.’’. 
SEC. 202. IMMIGRANT VISA BACKLOG REDUCTION. 
Section 201(d) of the Immigration and Nationality 
Act (8 U.S.C. 1151(d)) is amended to read as follows: 
VerDate Aug 31 2005 
23:48 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5744.IH
H5744
ycherry on PROD1PC64 with BILLS
‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED 
IMMIGRANTS.—The worldwide level of employment-based 
immigrants under this subsection for a fiscal year is equal 
to the sum of— 
‘‘(1) 290,000; 
‘‘(2) the difference between— 
‘‘(A) the maximum number of visas au-
thorized to be issued under this subsection dur-
ing the previous fiscal year; and 
‘‘(B) the number of such visas issued dur-
ing the previous fiscal year; and 
‘‘(3) the difference between— 
‘‘(A) the maximum number of visas au-
thorized to be issued under this subsection dur-
ing fiscal years 2001 through 2005 and the 
number of visa numbers issued under this sub-
section during those fiscal years; and 
‘‘(B) the number of visas calculated under 
clause (i) that were issued after fiscal year 
2005.’’. 
SEC. 203. STUDENT VISA REFORM. 
(a) IN GENERAL.—Section 101(a)(15)(F) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) 
is amended to read as follows: 
‘‘(F) an alien— 
VerDate Aug 31 2005 
23:48 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5744.IH
H5744
ycherry on PROD1PC64 with BILLS
‘‘(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 
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-
VerDate Aug 31 2005 
23:48 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5744.IH
H5744
ycherry on PROD1PC64 with BILLS
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 
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 
VerDate Aug 31 2005 
23:48 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5744.IH
H5744
ycherry on PROD1PC64 with BILLS
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; 
‘‘(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; or 
‘‘(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 
VerDate Aug 31 2005 
23:48 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5744.IH
H5744
ycherry on PROD1PC64 with BILLS
described in subclause (I) for a period or 
periods of not more than 24 months;’’. 
(b) ADMISSION.—Section 214(b) of the Immigration 
and Nationality Act (8 U.S.C. 1184(b)) is amended by in-
serting ‘‘(F)(i),’’ before ‘‘(L) or (V)’’. 
(c) CONFORMING AMENDMENT.—Section 214(m)(1) 
of the Immigration and Nationality Act (8 U.S.C. 
1184(m)(1)) is amended, in the matter preceding subpara-
graph (A), by striking ‘‘(i) or’’ and inserting ‘‘(i), (ii), or 
(iv)’’. 
SEC. 204. L–1 VISA HOLDERS SUBJECT TO VISA BACKLOG. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)) is amended by adding at the 
end the following new subparagraph: 
‘‘(G) The limitations contained in subparagraph (D) 
with respect to the duration of authorized stay shall not 
apply to any nonimmigrant alien previously issued a visa 
or otherwise provided nonimmigrant status under section 
101(a)(15)(L) on whose behalf a petition under section 
204(b) to accord the alien immigrant status under section 
203(b), or an application for labor certification (if such 
certification is required for the alien to obtain status 
under such section 203(b)) has been filed, if 365 days or 
more have elapsed since such filing. The Secretary of 
Homeland Security shall extend the stay of an alien who 
VerDate Aug 31 2005 
23:48 Jul 03, 2006
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5744.IH
H5744
ycherry on PROD1PC64 with BILLS