FYI: For those who hold Advanced Degree from US
From: immigration-law.com:
02/10/2006: S. 2198 Legislative Bill to Ensure the Best and Brightest Remain the U.S.
On January 26, 2006, Sen. Pete Domenici introduced a bill named "Protecting America's Competitive Edge Through Education and Research Act of 2006" with a nick name of PACE Act. This bill is cosponsored by 53 Senators out of total 100 Senators in the U.S. Senate. This is a significant bill for those with an advanced education in the U.S. in that it gives a special nonimmigrant as well as green card benefit. The Title III of this bill provides for provisions to ensure the best and brightest remain in the U.S. and we will report the extract of the bill as follows:
Visas for Doctorate Students in Mathematics, Engineering, Technology, or the Physical Sciences
Congress finds the following:
The National Academies, in their congressionally requested report entitled `Rising Above the Gathering Storm: Energizing and Employing America for a Brighter Economic Future', recommended that Congress--
continue to improve visa processing for international students and scholars by providing less complex procedures and continuing to make improvements on issues such as visa categories and duration, travel for scientific meetings, the technology-alert list, reciprocity agreements, and changes in status;
provide a 1-year automatic visa extension to international students who receive doctorates or the equivalent in science, technology, engineering, mathematics, or other fields of national need at qualified United States institutions to remain in the United States to seek employment;
provide such students with automatic work permits and expedited residence status if they are offered jobs by employers based in the United States and pass a security screening test;
institute a new skills-based, preferential immigration option that gives applicants with doctorate-level education and science and engineering skills priority in obtaining United States citizenship; and
increase the number of H-1B visas by 10,000, which should be allocated for applicants with doctorate degrees in science, or engineering from a United States university;
Since the publication of the report by the National Academies, the Senate has passed the Deficit Reduction Act of 2005, which authorizes an additional 30,000 H-1B visas per year. (Matthew Oh Comment: This failed to materialize.)
It is the sense of the Senate that--
the Department of State and the Department of Homeland Security have made significant improvements since 2002 in the efficiency with which visas are processed for--
students at colleges and universities in the United States; and
foreign researchers to engage in appropriate scientific research in the United States;
particular improvements have been made to the MANTIS clearance process, which--
reduce wait times from more than 70 days to less than 15 days; and
extend the duration of the MANTIS clearance process up to 4 years, as appropriate, to cover the duration of study for foreign students in the United States;
both departments and related supporting agencies should further improve efficiency and convenience in the granting of visas to foreign students and researchers while protecting national security;
the departments should extend MANTIS clearance for foreign researchers for the duration of a specified scientific research program while balancing security concerns; and
other such improvements should include--
review of the technology-alert list; and
efforts to better facilitate travel for scientific conferences.
VISAS FOR DOCTORATE STUDENTS IN MATHEMATICS, ENGINEERING, TECHNOLOGY, OR THE PHYSICAL SCIENCES.
Creation of New Visa Category- F-4 for an alien who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the physical sciences in the United States for the purpose of obtaining a doctorate degree;
Requirements for Obtaining an F-4 Visa:
An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(iv) shall demonstrate an intent to (i) return to the country of residence of such alien immediately after the completion or termination of the graduate program qualifying such alien for such status; or find employment in the United States related to the field of study of such alien and become a permanent resident of the United States upon the completion of the graduate program, which was the basis for such nonimmigrant status.
Visa issued to an F-4 alien shall be valid--
during the intended period of study in a graduate program described in such section;
for an additional period, not to exceed 1 year beyond the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and
for an additional period, not to exceed 6 months, while the alien's application for adjustment of status under section 245(i)(4) is pending.
An alien shall qualify for adjustment of status to that of a person admitted for permanent residence if the alien--
has the status of a nonimmigrant under section 101(a)(15)(F)(iv);
has successfully earned a doctorate degree in mathematics, engineering, technology or the physical sciences at an accredited college or university in the United States; and
is employed full-time in the United States in a position related to the knowledge and skills gained while pursuing such degree'.
The Secretary of Homeland Security may adjust the status of an alien who meets the requirements under this section to that of an alien lawfully admitted for permanent residence if the alien--
makes an application for such adjustment;
is eligible to receive an immigrant visa;
is admissible to the United States for permanent residence; and
remits a fee of $1,000 to the Secretary.'.
NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED IMMIGRANTS:
Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).
Applicability- The amendments made by this section shall apply to any visa application pending on the date of enactment of this Act and any visa application filed on or after such date of enactment.
Stay tuned to this website for the development of this legislation.
From: immigration-law.com:
02/10/2006: S. 2198 Legislative Bill to Ensure the Best and Brightest Remain the U.S.
On January 26, 2006, Sen. Pete Domenici introduced a bill named "Protecting America's Competitive Edge Through Education and Research Act of 2006" with a nick name of PACE Act. This bill is cosponsored by 53 Senators out of total 100 Senators in the U.S. Senate. This is a significant bill for those with an advanced education in the U.S. in that it gives a special nonimmigrant as well as green card benefit. The Title III of this bill provides for provisions to ensure the best and brightest remain in the U.S. and we will report the extract of the bill as follows:
Visas for Doctorate Students in Mathematics, Engineering, Technology, or the Physical Sciences
Congress finds the following:
The National Academies, in their congressionally requested report entitled `Rising Above the Gathering Storm: Energizing and Employing America for a Brighter Economic Future', recommended that Congress--
continue to improve visa processing for international students and scholars by providing less complex procedures and continuing to make improvements on issues such as visa categories and duration, travel for scientific meetings, the technology-alert list, reciprocity agreements, and changes in status;
provide a 1-year automatic visa extension to international students who receive doctorates or the equivalent in science, technology, engineering, mathematics, or other fields of national need at qualified United States institutions to remain in the United States to seek employment;
provide such students with automatic work permits and expedited residence status if they are offered jobs by employers based in the United States and pass a security screening test;
institute a new skills-based, preferential immigration option that gives applicants with doctorate-level education and science and engineering skills priority in obtaining United States citizenship; and
increase the number of H-1B visas by 10,000, which should be allocated for applicants with doctorate degrees in science, or engineering from a United States university;
Since the publication of the report by the National Academies, the Senate has passed the Deficit Reduction Act of 2005, which authorizes an additional 30,000 H-1B visas per year. (Matthew Oh Comment: This failed to materialize.)
It is the sense of the Senate that--
the Department of State and the Department of Homeland Security have made significant improvements since 2002 in the efficiency with which visas are processed for--
students at colleges and universities in the United States; and
foreign researchers to engage in appropriate scientific research in the United States;
particular improvements have been made to the MANTIS clearance process, which--
reduce wait times from more than 70 days to less than 15 days; and
extend the duration of the MANTIS clearance process up to 4 years, as appropriate, to cover the duration of study for foreign students in the United States;
both departments and related supporting agencies should further improve efficiency and convenience in the granting of visas to foreign students and researchers while protecting national security;
the departments should extend MANTIS clearance for foreign researchers for the duration of a specified scientific research program while balancing security concerns; and
other such improvements should include--
review of the technology-alert list; and
efforts to better facilitate travel for scientific conferences.
VISAS FOR DOCTORATE STUDENTS IN MATHEMATICS, ENGINEERING, TECHNOLOGY, OR THE PHYSICAL SCIENCES.
Creation of New Visa Category- F-4 for an alien who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the physical sciences in the United States for the purpose of obtaining a doctorate degree;
Requirements for Obtaining an F-4 Visa:
An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(iv) shall demonstrate an intent to (i) return to the country of residence of such alien immediately after the completion or termination of the graduate program qualifying such alien for such status; or find employment in the United States related to the field of study of such alien and become a permanent resident of the United States upon the completion of the graduate program, which was the basis for such nonimmigrant status.
Visa issued to an F-4 alien shall be valid--
during the intended period of study in a graduate program described in such section;
for an additional period, not to exceed 1 year beyond the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and
for an additional period, not to exceed 6 months, while the alien's application for adjustment of status under section 245(i)(4) is pending.
An alien shall qualify for adjustment of status to that of a person admitted for permanent residence if the alien--
has the status of a nonimmigrant under section 101(a)(15)(F)(iv);
has successfully earned a doctorate degree in mathematics, engineering, technology or the physical sciences at an accredited college or university in the United States; and
is employed full-time in the United States in a position related to the knowledge and skills gained while pursuing such degree'.
The Secretary of Homeland Security may adjust the status of an alien who meets the requirements under this section to that of an alien lawfully admitted for permanent residence if the alien--
makes an application for such adjustment;
is eligible to receive an immigrant visa;
is admissible to the United States for permanent residence; and
remits a fee of $1,000 to the Secretary.'.
NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED IMMIGRANTS:
Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).
Applicability- The amendments made by this section shall apply to any visa application pending on the date of enactment of this Act and any visa application filed on or after such date of enactment.
Stay tuned to this website for the development of this legislation.