这个新提案增加两个新类别eb-6 and eb-7
给大家贴出来。
House to Resurrect STEM Bill During Lame-Duck
Republican Leadership in the U.S. House of Representatives announced last
week its intention to take up STEM legislation introduced by Judiciary
Chairman Lamar Smith (R-TX) during the lame-duck session. (CQ Today, Nov.
13, 2012) The bill, H.R. 6429, 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. (See H.R. 6429; see also Judiciary
Committee Summary of Bill)
The EB-6 category proposed under the legislation is intended for foreign
students holding a PhD in a STEM field (Science, Technology, Engineering,
and Mathematics) from a U.S. university who agrees to work for at least five
-years in the aggregate for the petitioning employer or in the U.S. in a
STEM field. (See H.R. 6429 at §2) Similarly, the proposed EB-7 category is
intended for foreign students holding both a Master's and baccalaureate
degree in a STEM field from a U.S. university who agrees to work for at
least five-years in the aggregate for the petitioning employer or in the U.S
. in a STEM field. (Id.) Those with Master's degrees would be granted a
green card only after all qualifying PhD petitions have been granted. (Id.)
Under the bill, employers who petition to hire these graduates under the EB-
6 or EB-7 categories must receive labor certification. This means that in
order to approve a petition for an EB-6 or EB-7 green card, the Secretary of
Homeland Security (DHS) must first receive certification from the Secretary
of Labor that the petitioning employer cannot find sufficient, willing,
qualified, and available American workers, and that employment of the alien
will not adversely affect the wage and working conditions of similarly
situated employees. (Id., see also INA § 212(a)(5)(A)) However, the bills
allows the DHS Secretary to waive this requirement if he or she deems a
waiver of such to be in the national interest.
The legislation also would create a new non-immigrant student visa category
specifically for foreign students seeking to study in a STEM field and
potentially seek an EB-6 or EB-7 green card in the future. (See H.R. 6429 at
§5) While statutorily the provision is intended to get around the current
requirement that foreign students declare they intend to return to their
country of residence upon graduating, it has the potential to increase
competition for American students studying in STEM fields, as universities
benefit significantly from admitting foreign students who pay full tuition
rates. (See INA § 101(a)(15)(F))
If Leadership makes good on its promise, it would be the second time in less
than three months the bill is called to the floor for a vote. Republicans
placed the bill on the House's suspension calendar in September, which
requires a two-thirds vote to pass legislation. The bill failed, receiving
a final vote of 257 to 158. (See Roll Call Vote #590)