of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) in the United States. (H) Aliens for whom a petition for an employment-based immigrant visa under paragraph (A) or (B) of section 203(b)(1) has been approved. . (b) Conforming amendments Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking 28.6 percent and inserting 12 percent