Pub. L. 108-447, div. J, tit. IV, subtit. B, sec. 425
EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITATIONS ON H–1B NONIMMIGRANTS.
SEC. 425. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITATIONS ON H–1B NONIMMIGRANTS.(a) In General.—Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended—(1) in the matter preceding subparagraph (A), by striking “is employed (or has received an offer of employment) at”;(2) in subparagraph (A)—(A) by inserting “is employed (or has received an offer of employment) at” before “an institution”; and(B) by striking “or” at the end;(3) in subparagraph (B)—(A) by inserting “is employed (or has received an offer of employment) at” before “a nonprofit”; and(B) by striking the period and inserting “; or”; and(4) by adding at the end the following:“(C) has earned a master’s or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.”.(b) Statistics.—Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall maintain statistical information on the country of origin and occupation of, educational level maintained by, and compensation paid to, each alien who is issued a visa or otherwise provided nonimmigrant status and is exempt under section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) for each fiscal year. The statistical information shall be included in the annual report to Congress under section 416(c) of the American Competitiveness and Workforce Improvement Act of 1998 (Public Law 105–277; 112 Stat. 2681–655).118 STAT. 3357