The bill is a modified version of H.R. 6429, which eliminates the visa lottery by reallocating the 55,000 green cards available under the program to two new employment-based visa categories, the EB-6 and EB-7.
The proposed EB-6 category is designed to benefit foreign students holding a PhD in a STEM field (Science, Technology, Engineering, and Mathematics) from a U.S. university. The proposed EB-7 category is designed to benefit foreign students holding both a Master's and baccalaureate degree in a STEM field from a U.S. university. Those with Master's degrees would be granted a green card only after all qualifying PhD petitions have been granted.
Under this bill, employers who petition to hire these graduates must receive labor certification to help protect American workers. While the bill originally required EB-6 and EB-7 recipients to work for their petitioning employer for an aggregate of five-years, the modified version contains no such requirement. (See H.R. 6429 at §2) Moreover, unlike the original version of the bill, the modified version of H.R. 6429 allows unused green cards under the new EB-6 and EB-7 categories to be rolled over through 2016. As introduced, the bill only provided for the rollover of unused green cards under the proposal through 2014.
Also among the changes in the modified version is the elimination of a provision prohibiting universities from providing any commission, bonus, or other incentive to a recruiter based on securing enrollments or financial aid of nonimmigrant students. At the same time, the legislation creates a new nonimmigrant student visa category specifically for foreign students seeking to study in a STEM field who may potentially seek an EB-6 or EB-7 green card in the future. Combined, these provisions could hurt American students who intend to study in STEM fields, as they could increase competition for admission, especially since universities benefit significantly from admitting foreign students who pay full tuition.
The modified Bill includes the V nonimmigrant visa program to allow the spouses and unmarried children of lawful permanent residents to enter the country while they wait for a green card. The V-visa program granted spouses and unmarried children of green card holders who petitioned to come to the U.S. by December 2000 a V-visa if their application had been pending for more than three years. Because the V-visa applied only to those who petitioned for a green card by 2000, the program essentially sunset after 2003. The new version of H.R. 6429, however, would amend the V-visa program to allow all spouses and children of a green card holder who petition for lawful permanent residence pursuant to such status to wait in the U.S. to receive their green card after spending just one-year on the green card waiting list. While this new provision would prohibit V-visa holders from working in the U.S., it will expedite the immigration process significantly.
U.S. House of Representative will vote on the modified STEAM Bill no sooner than Wednesday.
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