; and (ii) the allocation adjustment calculated under paragraph (9)(B); and ; (2) in paragraph (5), by amending subparagraph (C) to read as follows: (C) subject to paragraph (6)(B), 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) )). ; (3) in paragraph (6)— (A) by inserting (A) before Any alien ; and (B) by adding at the end the following: (B) (i) If the employer of an alien described in paragraph (5)(C) certifies that the employer has filed or will file an Immigrant Petition on behalf of the alien, the initial period of validity of the nonimmigrant visa issued to the alien under section 101(a)(15)(H)(i)(b) shall be 12 months. The period of validity of such visa may be extended beyond such initial period if the employer provides evidence to the Secretary that the employer has filed, on the alien’s behalf, a nonfrivolous Application for Permanent Employment Certification or a nonfrivolous Immigrant Petition and such application or petition has not been denied in a final agency action. (ii) Not more than 20,000 of the aliens described in paragraph (5)(C) who are not described in clause (i) may be exempted from the numerical limitations under paragraph (1)(A) during each fiscal year. ; (4) in paragraph (8), by striking subparagraphs (B)(iv) and (D); (5) by redesignating paragraph (10) as subparagraph (D) of paragraph (9), and adjusting the margin accordingly; (6) by redesignating paragraph (9) as paragraph (10); and (7) by inserting after paragraph (8) the following: (9) (A) The base allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for each fiscal year shall be equal to— (i) the sum of— (I) the base allocation for the most recently completed fiscal year; and (II) the allocation adjustment for the most recently completed fiscal year; (ii) if the number calculated under clause (i) is less than 85,000, 85,000