New immigration bill - interpretation for STEM graduates

[PAVAN_K]

Can some one please interpret point III (page 305), from the newly introduced immigration reform bill.

I am aware that this is still a bill.., but wanted to understand what it means. I have a STEM degree and graduated in 2006 December and my LABOR filing date is March 2012. I am not clear if point III below is referring to the labor certification date or the date of the 1st H1-B petition by the Employer sponsoring your PERM. Can someone please clarify.

Below is the excerpt from the immigration reform bill introduced (page 305)

"(B) ADVANCED DEGREES IN A STEM FIELD.—

‘‘(i) IN GENERAL.—A qualified immigrant shall be admitted to the United States without respect to the worldwide level specified in section 201(d) if such immigrant—

EAS13500 S.L.C. 305

• (I) has earned a graduate degree at the level of master’s or higher in a field of science, technology, engineering, or mathematics from an accredited United States institution of higher education
  
• (II) has an offer of employment from a United States employer in afield related to such degree; and
  
• (III) earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the non-immigrant is a beneficiary. "
  

[catx]

For foreign persons with U.S. STEM doctorate (Ph.D.) degrees, the "Border Security, Economic Opportunity, and Immigration Modernization Act of 2013" bill would exempt them from (and not count them against) the employment based immigrant visa quota, so they can get permanent residency (green card) directly with a sponsoring employer (think of it as a category that is always current).

For foreign persons with U.S. STEM Master's degrees, under the "Border Security, Economic Opportunity, and Immigration Modernization Act of 2013" bill they would still be come under the employment based EB-2 category in accordance with the current process (.e.g sponsoring employer, job that requires a Masters degree). However, it is important to note that there would be an increase in the number of immigrant visas to 40% of the total quota, and the quota would also effectively increase with exemptions for spouses and dependent children, EB-1 category, U.S. Ph.D. degree holders.

[vincentanand]

I have Masters degree from foreign university, but it is credited equivalant from US university. Does this new bill also include Master degree holders from foreign universities?

[GCDreamer2013]

I thought US STEM masters degree holders are not subject to the cap mentioned in section 201(d)

on page 304

‘‘(B) ADVANCED DEGREES IN A STEM FIELD.—

‘‘(i) IN GENERAL.—A qualified immigrant shall be admitted to the United States without respect to the worldwide level specified in section 201(d) if such immigrant—

‘‘(I) has earned a graduate degree at the level of master’s or higher in a field of science, technology, engi- neering, or mathematics from an ac- credited United States institution of higher education

‘‘(II) has an offer of employment from a United States employer in a field related to such degree; and

‘‘(III) earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the non-immigrant is a beneficiary.

Am I missing something here or US STEM master degree holders are also subjected to the cap??

[PAVAN_K]

The bill I think says that under 201(d) that it is not subject to worldwide cap.

Assuming all the 3 sub conditions are met. But I am not clear on what point III means? Does the initial filing date refer to the H1-B petition date or the date of PERM filing.? Can anyone help with this question please.

[singareni]

Although the bill is in draft stage, no harm finding out and keeping hope. I am also interested in knowing what Pavan wants to know.

Does the initial filing date refer to the H1-B petition date or the date of PERM filing.?(refer above for details). Please answer If you are confident about it.

Thanks!

[JoeF]

I have Masters degree from foreign university, but it is credited equivalant from US university. Does this new bill also include Master degree holders from foreign universities?

This is about STEM degrees from US universities. It is not about foreign degrees.

[JoeF]

The bill I think says that under 201(d) that it is not subject to worldwide cap.

Assuming all the 3 sub conditions are met. But I am not clear on what point III means? Does the initial filing date refer to the H1-B petition date or the date of PERM filing.? Can anyone help with this question please.

This would be the H1. PERM is not a petition.

[singareni]

Joe Thanks for the response. I-129, I-140 are also petitions. Are you confident it is referring to the H1B petition ?