That's what I thought but the Q&A section in immigration-law says otherwise. That's why I am not sure what to believe:
Here is the excerpt from immigration-law:
Q 3(05-29-06): I am an Indian who studied and earned a MBA in Finance from the UCLA in California. I am currently working with a financial institution as the investment analyst. My employer is about to initiate the PERM proceeding to file a EB-2 application. As you know, EB-2 for India is currently heavily backlogged and it may take foreover before I can file I-485 application. People keep talking about STEM exemption from numerical limitation. I believe the Senate Judiciary Chairman's bill limited it to the STEM and so was the S. 2611 when the Senate floor started debating the S. 2611 (CIRA). Has there been any changes since then? Will I be exempt from the numerical limit so that as soon as the PERM application is approved, I will be able to file I-485 under the bill which the Senate passed last week? A 3: All the proposals had limited the numerical limitation to STEM until Sen. Cornyn introduced a bill recently expanding it to the non-STEM aliens, provided that the master's or higher degree was earned from a U.S. university. In the final bill which the Senate passed last week, the following people have been added to the list of numerical limitation exemption: (1) Master or higher degree earned from an accredited university in the U.S. In this category, the key is not major field of study but graduation from an accredited U.S. university. Accordingly, anyone who earned a master's or higher degree from an accredited university in the U.S. will be exempt from the numerical limitation regardless of their specialty fields. This will include STEM and non-STEM inasmuch as one graduated from such an accredited U.S. university. On the other hand, those who graduated from a foreign university or unaccredited U.S. university earning a master's or higher degree in STEM will not be exempt from the numerical limit, not to mention non-STEM foreign degree holders. The foreign STEM major master's degree or higher degree holders from a foreign university must meet additional requirement to be qualified for exempt from the numerical limitation. This is indeed a big change in the final bill. (2) Those who have been awarded a medical speciality certificate based on the post-dotoral training and experience in the U.S. preceding the application for an immigrant visa. Basically the IMGs who completed specialty training or residency in the U.S. will fall under this category. Accordingly, these IMGs will not be subject to the numerical limitation. (3) Employment is in the shortage occupation as designated by the agency as the occupation of blanket certification. This has been called "Schedule A." The shortage occupations can be added or removed by the agency depending on the labor markets in the U.S. These people will not be subject to the numerical limitation. In additiona, the following categories were proposed in the original S. 2611 and all of these categories survived in the final bill, such as: (4) EB-11 Extraordinary Worker. (5) EB-12 Outstanding Researcher or Teacher. (6) EB-2 (National Interest Waiver approved cases only). (7) Those who earned a master or higher degree in STEM (no matter where it was earned, thus both U.S. or foreign universities) and have been working in a "related" field in the U.S. in a nonimmigrant status during the three-year period preceding the application for the immigrant visa. This categories require more than STEM major. Work must be gained in the job "related " to his/her major STEM field. Additionally, the only work that will be counted include working in a nonimmigrant status. Accordingly, if he or she has been working in the related filed but not in nonimmigrant status, such STEM alien will not be exempt from the numerical limit. (8) Finally, the spouses and "children" (below 21 years of age) of the alien who is admitted as an employment-based immigrant. However, these family members will be counted for the purpose of 650,000 annual EB employment cap count. When it comes to the advanced degree holders, three different groups had the three different interests in the specific legislation of numerical limitation exemption and H-1B special provisions. One group constitues U.S. degree earned aliens. The second group is foreign degree earned. The third group is STEM vs. non-STEM specialties in their majors. These groups are treated differently in the three areas of the CIRA: (1) Exempt from Numerical Limitation; (2) Waiver of Labor Certification or Special Handling Labor Certification; (3) Exempt from H-1B Annual Cap or Counted as Special 20,000 Number. In your case, you and your family members will be exempt from the numerical limitation if the Congress passes the bill the way it reads now.