04/03/2006: Who in the EB Group Are Exempt from Numerical Limitation under Specter Bill?
There appears to be some confusion in the immigration community on the proposed legislation to exempt certain Advanced Degree holders from the numerical limitation. Here is Section 508 of the Specter bill:
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants.--
(1) IN GENERAL.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
``(G) 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).
``(H) 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).
``(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).''.
(2) APPLICABILITY.--The amendment made by paragraph (1) shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
Section 201(b)(1) of the current immigration statute lists the aliens who are exempt from the numerical limit. Section 508 of the Specer bill proposes to add the foregoing aliens to the list.
There appears to be some confusion in the immigration community on the proposed legislation to exempt certain Advanced Degree holders from the numerical limitation. Here is Section 508 of the Specter bill:
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants.--
(1) IN GENERAL.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
``(G) 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).
``(H) 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).
``(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).''.
(2) APPLICABILITY.--The amendment made by paragraph (1) shall apply to any visa application--
(A) pending on the date of the enactment of this Act; or
(B) filed on or after such date of enactment.
Section 201(b)(1) of the current immigration statute lists the aliens who are exempt from the numerical limit. Section 508 of the Specer bill proposes to add the foregoing aliens to the list.