If you are talking about the Cantwell amendment (SA 1249) then here is the relevant section which leaves US Master's Ph.D and foreign Master's/Ph.D. in STEM with 3 years experience outside the numerical limitations. Families of the applicants are also excluded. This in effect reduces the competition from the top for the merit based visas and will help removing retrogression in a major way.
Here is an excerpt of the relevant section with the specific points highlighted -
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``(5) WORLDWIDE LEVEL FOR MERIT-BASED EMPLOYER-SPONSORED IMMIGRANTS.--
``(A) IN GENERAL.--The worldwide level of merit-based employer-sponsored immigrants under this paragraph for a fiscal year is equal to--
``(i) 140,000, plus
``(ii) the number computed under subparagraph (B).
``(B) ADDITIONAL NUMBER.--
``(i) FISCAL YEAR 2007.--The number computed under this subparagraph for fiscal year 2007 is zero.
``(ii) FISCAL YEAR 2008.--The number computed under this subparagraph for fiscal year 2008 is the difference (if any) between the worldwide level established under subparagraph (A) for the previous fiscal year and the number of visas issued under section 203(b)(2) during that fiscal year.''.
In section 501, insert after subsection (b) the following:
(c) Providing Exemptions From Merit-Based Levels for Very Highly Skilled Immigrants.--Section 201(b)(1) of the Immigration and Nationality Act (as amended by section 503(a)) (8 U.S.C. 1151(b)(1)) is further amended by inserting after subparagraph (G) the following:
``(H) Aliens who have earned a master's or higher degree from a United States institution of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
``(I) Aliens who have earned a master's degree or higher degree 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).
``(J) Aliens who--
``(i) have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation; and
``(ii) seek to enter the United States to continue work in the area of extraordinary ability.
``(K) Aliens who--
``(i) are recognized internationally as outstanding in a specific academic area;
``(ii) have at least 3 years of experience in teaching or research in the academic area; and
``(iii) who seek to enter the United States for--
``(I) a tenured position (or tenure-track position) within an institution of higher education to teach in the academic area;
``(II) a comparable position with an institution of higher education to conduct research in the area; or
``(III) a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
``(L) Aliens who--
``(i) in the 3-year period preceding their application for an immigrant visa under section 203(b), have been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof; and
``(ii) who seek to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
``(M) The immediate relatives of an alien who is admitted as a merit-based employer-sponsored immigrant under subsection 203(b)(2).''.