Sec. 320. United States-educated immigrants
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Section 201(b)(1) ( 8 U.S.C. 1151(b)(1) ), as amended by sections 310, 313, 317(a), and 318(b)(3) of this Act, is further amended by adding at the end the following: Aliens who have earned a master’s or higher degree from an accredited university in the United States. Aliens who have been awarded medical specialty certification based on postdoctoral training and experience in the United States preceding their application for an immigrant visa under section 203(b). Aliens who will perform labor in shortage occupations designated by the Secretary of Labor for blanket certification under section 212(a)(5)(A) as lacking sufficient United States workers able, willing, qualified, and available for such occupations and for which the employment of aliens will not adversely affect the terms and conditions of similarly employed United States workers.
Aliens who have earned a master’s degree or higher in science, technology, engineering, or mathematics and have been working in a related field in the United States in a nonimmigrant status 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) or who have received a national interest waiver under section 203(b)(2)(B). The spouse and minor children of an alien described in subparagraph (J), (K), (L), (M), or (N). . The amendment made by paragraph
(1)shall apply to any visa application— pending on the date of the enactment of this Act; or filed on or after such date of enactment. Section 212(a)(5)(A)(ii) ( 8 U.S.C. 1182(a)(5)(A)(ii) ) is amended— in subclause (I), by striking , or and inserting a semicolon; in subclause (II), by striking the period at the end and inserting ; or ; and by adding at the end the following: is a member of the professions and has a master’s degree or higher from an accredited university in the United States or has been awarded medical specialty certification based on postdoctoral training and experience in the United States. . Section 212(a)(5) ( 8 U.S.C. 1182(a)(5) ) is amended by adding at the end the following: An alien who seeks to enter the United States for the purpose of performing labor as a physician or other health care worker is inadmissible unless the alien submits to the Secretary of Homeland Security or the Secretary of State, as appropriate, an attestation that the alien is not seeking to enter the United States for such purpose during any period in which the alien has an outstanding obligation to the government of the alien’s country of origin or the alien’s country of residence. In this subparagraph, the term obligation means an obligation incurred as part of a valid, voluntary individual agreement in which the alien received financial assistance to defray the costs of education or training to qualify as a physician or other health care worker in consideration for a commitment to work as a physician or other health care worker in the alien’s country of origin or the alien’s country of residence. The Secretary of Homeland Security may waive a finding of inadmissibility under clause
(i)if the Secretary determines that— the obligation was incurred by coercion or other improper means; the alien and the government of the country to which the alien has an outstanding obligation have reached a valid, voluntary agreement, pursuant to which the alien’s obligation has been deemed satisfied, or the alien has shown to the satisfaction of the Secretary that the alien has been unable to reach such an agreement because of coercion or other improper means; or the obligation should not be enforced due to other extraordinary circumstances, including undue hardship that would be suffered by the alien in the absence of a waiver. . The amendment made by paragraph
(1)shall become effective 180 days after the date of the enactment of this Act. The Secretary shall begin to carry out section 212(a)(5)(E) of the Immigration and Nationality Act, as added by paragraph (1), not later than the effective date described in subparagraph (A), including the requirement for the attestation and the granting of a waiver described in such section, regardless of whether regulations to implement such section have been promulgated.
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