TITLE IV – BACKLOG REDUCTION AND VISAS FOR STUDENTS AND ALIENS
WITH ADVANCED DEGREES
Section 401. Elimination of Existing Backlogs.
Section 401 reduces visa backlog waiting times by allowing the recapture of unused visa
numbers and increases the number of employment-based green cards from 140,000 to 290,000.
It also exempts immediate relatives of U.S. citizens from the 480,000 annual cap on familybased
immigration.
Section 402. Country Limits.
Section 402 increases the per-country limits for family-sponsored and employment-based
immigrants are from 7 percent to 10 percent (in the case of countries) and from 2 percent to 5
percent (in the case of dependent areas).
Section 403. Allocation of Immigrant Visas.
The current 480,000 ceiling on family-sponsored immigrants is redistributed among existing
family preference categories. Ten percent is allocated to the first preference -- unmarried sons
and daughters of U.S. citizens. Fifty percent is allocated to the second preference -- spouses and
unmarried sons and daughters of lawful permanent residents, of which seventy-seven percent
such visas will be allocated to spouses and minor children of lawful permanent residents. Ten
percent is allocated to the third preference -- married sons and daughters of U.S. citizens. Thirty
percent is allocated to the fourth preference -- brothers and sisters of U.S. citizens.
Section 403 restructures visa number availability to provide additional visas for unskilled
workers (who are limited to 5,000/year right now) and other categories where visas have not kept
up with demand. The 290,000 ceiling for employment-based immigrant visas is redistributed
among the employment-based immigrant visa categories and certain modifications are made to
current categories. 15% is allocated to the first preference -- aliens with extraordinary ability,
outstanding professors and researchers, and multinational executives and managers. 15% is
allocated to the second preference -- aliens holding advanced degrees or having exceptional
ability. 35% is allocated to the third preference -- skilled workers and professionals. 5% is
allocated to a re-designated fourth preference – investors. 30% is allocated to a re-designated
fifth preference -- other workers performing labor or services (previously included in third
preference).
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.
Section 406. Visas for Individuals with Advanced Degrees.
Section 406 exempts from the numerical cap on employment-based visas aliens with advanced
degrees in science, technology, engineering, or math, and has worked in a related field in the US
during the 3 year period preceding their application for adjustment of status. It also exempts
immediate relatives of aliens who are admitted as employment-based immigrants from the
numerical limitations of 203(b). Finally, it increases the available visas numbers for H-1B nonimmigrants
and provides an exemption from the numerical limitation aliens who have earned
advanced degrees in science, technology, engineering, or math. The numerical limitation is also
supplemented with a flexible limitation that is set according to demand for foreign high-skilled
workers.
