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Amendments to the Senate Comprehensive Immigration Reform Act of 2006

The Senate is now debating comprehensive immigration reform and voting on amendments to a compromise bill (S. 2611). This bill includes many provisions that will affect a broad spectrum of issues of direct concern to international educators, and there are a series of amendments which may be offered. It is important that you contact your Senators and urge them to act to improve international education opportunities. The President and Majority Leader Bill Frist (R-Tenn.) both want a bill to be voted on before the Memorial Day Recess. If a Senate bill is passed, differences will then have to be resolved between the Senate bill and the enforcement-only House bill (H.R. 4437).


Amendments Advancing International Education

Improving access for short-term study (28kbIcon DOC 16)
Senator Norm Coleman (R-Minn.) may introduce an amendment that will reduce the SEVIS fee for programs that do not exceed 90 days, provide discretion for the State Department to issue a visitor visa for certain one semester or less recreational study programs, and require intensive English programs accepting foreign students to be accredited.

Expanding bill provisions to include exchange visitors students (47kb Icon PDF 16)
Senator Christopher Bond (R-Mo.) may introduce an amendment that will create a new exchange visitor category for those seeking an advanced degree or pursuing post-doctorial studies in science, technology, engineering and mathematics. These exchange visitor students would be exempt from the intent to immigrate requirement, have valid status for 1 year post-graduation to seek employment, and continued validity for an additional period for the labor certification and adjustment of status process. It also provides limited relief from the two-year home residency requirement.

Promoting U.S. global competitiveness (55kb Icon PDF 16)
Senator Cornyn’s SKIL Act (SA 4005) eliminates the “intent to immigrate” requirement for students studying towards a bachelor’s degree or higher in science, technology, engineering and mathematics; expands OPT to 24 months; increases the H-1B and employment-based immigrant visa caps while maintaining higher education’s exemption; streamlines processing of petitions; assists many employees pending in the employment-based immigrant visa backlogs; and provides options for U.S. employers retain the best international student talent to ensure America global competitiveness. The SKIL Act has also been introduced as a stand-alone bill, but, to ensure the success of comprehensive reform, it must be included as part of the overall reform package.


Amendments Impeding International Education

Language requirement (32kb Icon PDF 16)
Senator Rick Santorum (R-Penn.) may introduce an amendment (SA 4001) that would require H-1B applicants applying under the higher education exemption who will participate in classroom instruction to demonstrate “a high proficiency in the spoken English language.”

Additionally, there are two amendments that were introduced and defeated during the first round of debate in March that could be reintroduced.

Eliminating student and higher education provisions (30kb Icon PDF 16)
Senator Dianne Feinstein (D-Calif.) previously introduced amendments that would remove from the comprehensive reform bill all of the vital provision providing improved access for international students and scholars.

Eliminating higher education’s H-1B exemption (20kb Icon PDF 16)
Senator Charles E. Grassley (R-Penn.) previously introduced an amendment that would eliminate higher education’s H-1B exemption.