Is this correct?

D

desimotu

Registered Users (C)
In last year Senate Immigration Bill

SEC. 405. STUDENT VISAS.

(a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--

(1) in clause (i)--

(A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--
`(I)';
(B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';

(C) by striking the comma at the end and inserting the following: `; or

`(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';

(2) in clause (ii)--

(A) by inserting `or (iv)' after `clause (i)'; and

(B) by striking `, and' and inserting a semicolon;

(3) in clause (iii), by adding `and' at the end; and

(4) by adding at the end the following:

`(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.

Does this mean that spouse of LPR can get Student Visa for graduate program?? Am I missing something here - please correct if I am wrong.
 
Well the first question would be whether the bill was ever signed into law? Many bills are written and discussed, but few make it all the way.
 
well..

The bill was passed by Senate, and may be the same/similar version of the bill comes up again this year in the Senate.
 
OK, section# does not match, but S2611(CIR with 109th congress in 2006) has Section 507 for student visa reform.

8 USC 1101(a)(15) defines who is considered non-immigrant. Amendment is saying that student is non-immigrant except those studying STEM.
Not very sure how to interpret this, but it might mean STEM student visa(F4) is dual intent.


Make sure what you are talking about is the same as S2611, and read sec 507 below.
But tough to say the similar one will pass(current SKIL/STRIVE do not have this provision as far as I know).

http://www.govtrack.us/congress/bill.xpd?tab=summary&bill=s109-2611

Authorizes F-4 and J-2 nonimmigrants (or or other nonimmigrants who would have qualified for such visa if the new law had been enacted before the completion of their graduate studies) to file for permanent resident status adjustment if: (1) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics; (2) an immigrant petition has been filed; and (3) a $2,000 fee has been paid (80% allocated for scholarships and 20% allocated for fraud prevention).
 
Last edited by a moderator:
So wait, a person here on one of these new F-4 visas will be able to get a Green Card upon graduation and getting a job in the USA in their field of study? Interesting idea.
 
I'm not sure. I didn't do enough research, but it says "one can file AOS if immigration petition was filed", so I guess the process is the same as others, but it MAY mean it's exempt from visa number(The idea that STEM degree holders is exempt from visa # was introduced last year. It maybe the same provision).
Anyway, it does not mean much at this moment.
 
Last edited by a moderator:
The bill OP pointed to is S2454. Introduced more than a year ago. I don't think it has survived.

Here is the summary from Bill Frist(sponsor of S2454)'s website.
It explicitly refers to GC process after program is over, and it also introduced $1000 fee which is specific to those who went through F4 program. It seems F4 is welcome to GC, which makes me think F4 may be dual intent.
But again, I don't think this bill will resurrect.

Section 405. Student Visas.
Section 405 extends foreign students’ post-curricular Optional Practical Training (and F-1 status)
to 24 months. It also creates a new “F-4” student visa for students pursuing an advanced degree
candidates studying in the fields of math, engineering, technology or the physical sciences. The
new visa would allow eligible students to either to return to their country of origin or remain in
the United States for up to one year and seek employment in their relevant field of study. Once
such a student received such an offer of employment, the individual would be allowed to adjust
status to that of a legal permanent resident once the alien paid a $1,000 fee and completed
necessary security clearances. Eighty percent of this fee would be deposited into a fund for job
training and scholarships for American workers, while twenty percent of the fee would go
toward fraud prevention.
 
Last edited by a moderator:
Thanks very much for your comments.

It appears that F4 is a dual intent visa (like H1B). That means LPR spouses who are in India can come on F4 student visa to USA. Right?
 
desimotu said:
The bill was passed by Senate, and may be the same/similar version of the bill comes up again this year in the Senate.
Click to expand...

Fine, but unless it was also passed by the House and signed into law by George W., its not worth a whole lot of mileage, especially if I recall correctly that the House and Senate were discussing two very different immigration bills last year.
 
You must log in or register to reply here.
Top