article: SECTION 1. SHORT TITLE. This Act may be cited as the ``New Economy Workforce Act''. SEC. 2. EDUCATIONAL PRIORITY FOR CERTAIN FAMILY-SPONSORED IMMIGRANTS. Section 203(e)(1) of the Immigration and Nationality Act (8 U.S.C. 1153(e)(1)) is amended-- (1) by striking ``(1) Immigrant visas'' and inserting ``(1)(A) Subject to the succeeding provisions of this paragraph, immigrant visas''; and (2) by adding at the end the following: ``(B)(i) An immigrant visa may be made available under paragraph (1), (2)(B), (3), or (4) of subsection (a) to an alien who-- ``(I) does not have a bachelor's degree (or higher degree) only if there is no qualified individual to whom such a visa may be made available under the respective paragraph who has such a degree; or ``(II) is not a high school graduate only if there is no qualified individual to whom such a visa may be made available under the respective paragraph who has a bachelor's degree (or higher degree) or who is a high school graduate. ``(ii) For purposes of clause (i)-- ``(I) the term `bachelor's degree' includes a foreign degree that is a recognized foreign equivalent of a bachelor's degree; and ``(II) the term `high school graduate' means an individual who has successfully completed either a 12-year course of elementary and secondary school study in the United States or a formal course of elementary and secondary school study abroad equivalent to a 12-year course of elementary and secondary school study in the United States. ``(iii) The determination of educational status under clause (i) shall be made using the most recent evidence with respect to educational credentials proffered by the alien.''. SEC. 3. BACHELOR'S DEGREE REQUIREMENT FOR DIVERSITY IMMIGRANTS. Section 203(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) is amended to read as follows: ``(2) Requirement of education.-- ``(A) In general.--An alien is not eligible for a visa under this subsection unless the alien has a bachelor's degree (or higher degree). ``(B) Definition.--For purposes of subparagraph (A), the term `bachelor's degree' includes a foreign degree that is a recognized foreign equivalent of a bachelor's degree.''. SEC. 4. OBLIGATIONS OF SECRETARY OF STATE WITH RESPECT TO DETERMINATIONS OF FOREIGN DEGREE EQUIVALENCE AND VERIFICATION OF EDUCATIONAL CREDENTIALS. Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: ``(h) Determinations With Respect to Foreign Degree Equivalence.-- For purposes of subsections (c)(2) and (e)(1)(B), in the case of an alien obtaining a foreign degree, or completing a foreign course of elementary and secondary school study, any determination with respect to the equivalence of that degree or course of study to a degree obtained, or a course of study completed, in the United States shall be made by the Secretary of State. In carrying out the preceding sentence, the Secretary of State shall verify the authenticity of any foreign educational credential proffered by an alien.''. SEC. 5. ADMINISTRATIVE OBLIGATIONS. (a) Allocation of Visas to Family-Sponsored Immigrants.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General, shall promulgate regulations regarding the allocation of immigrant visas, made available under paragraphs (1), (2)(B), (3), and (4) of section 203(a) of the Immigration and Nationality Act, pursuant to the amendments made by this Act. (b) Determinations With Respect to Foreign Degrees.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General and the Secretary of Education, shall promulgate regulations to carry out section 203(h) of the Immigration and Nationality Act (as added by section 4). (2) Imposition of fee.--Such regulations may permit the Secretary of State to charge and collect a processing and verification fee, to be set at a level that will ensure recovery of the full costs incurred in carrying out such section 203(h). (3) Use of fee.--There is established in the general fund of the Treasury a separate account, which shall be known as the ``Foreign Degree Equivalence Account''. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected pursuant to paragraph (2). Amounts deposited into the account shall remain available to the Secretary of State until expended to carry out section 203(h) of the Immigration and Nationality Act (as added by section 4). (c) Other Regulations.--Except as provided in subsections (a) and (b), not later than 90 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall promulgate regulations implementing the amendments made by this Act. (d) Forms.--Not later than 90 days after the date on which regulations are promulgated under subsections (a) through (c), the Attorney General and the Secretary of State shall each make available revised forms, as appropriate, that prominently include instructions regarding procedures for establishing an alien's level of educational attainment for purposes of the amendments made by this Act. Such forms shall include appropriate forms for supplementing prior submissions. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply to immigrant visas made available under section 203(a) of the Immigration and Nationality Act on or after the date that is 180 days after the date of the enactment of this Act, and immigrant visas made available under section 203(c) of such Act on or after October 1, 2002, regardless of the date any classification petition under section 204 of such Act may have been filed.
summary: Requires diversity immigrants to have at least a bachelor's degree. Establishes and sets forth the Secretary of State's verification obligations respecting foreign degrees and educational credentials. Authorizes the Secretary to impose a related fee. Establishes the Foreign Degree Equivalence Account in the Treasury.