[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1394 Introduced in Senate (IS)]

  1st Session
                                S. 1394

   To amend the Immigration and Nationality Act to reform the legal 
   immigration of immigrants and nonimmigrants to the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 3, 1995

  Mr. Simpson introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to reform the legal 
   immigration of immigrants and nonimmigrants to the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``Immigration Reform 
Act of 1995''.
    (b) References in Act.--Except as specifically provided in this 
Act, whenever in this Act an amendment or repeal is expressed as an 
amendment or repeal of a provision, the reference shall be deemed to be 
made to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title; references in Act.
Sec. 2. Table of contents.
                          TITLE I--IMMIGRANTS

            Subtitle A--Changes in Immigrant Classifications

Sec. 101. Immediate relative classification.
Sec. 102. Family-sponsored preference classifications.
Sec. 103. Employment-based preference classifications.
Sec. 104. Labor certification.
Sec. 105. Special immigrant classifications.
Sec. 106. Effect of approved immigrant visa petition.
Sec. 107. Judicial review.
Sec. 108. Conforming amendments and repeals.
Sec. 109. Transition.
       Subtitle B--Changes in Numerical Limitations on Immigrants

Sec. 111. Worldwide numerical limitation on family-sponsored 
                            immigration.
Sec. 112. Worldwide numerical limitation on employment-based 
                            immigration.
Sec. 113. Numerical limitation on immigration from a single foreign 
                            State.
Sec. 114. Transition for certain backlogged spouses and children of 
                            lawful permanent residents.
Sec. 115. Congressional review of numerical limitations.
                        TITLE II--NONIMMIGRANTS

Sec. 201. Changes in H and L classifications.
Sec. 202. Changes in H-1b classification.
Sec. 203. Changes in L classification.
Sec. 204. Changes in B, F, J, and M classifications.
Sec. 205. Pilot program on information and tracking system relating to 
                            nonimmigrant foreign students.
                       TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.

                          TITLE I--IMMIGRANTS

            Subtitle A--Changes in Immigrant Classifications

SEC. 101. IMMEDIATE RELATIVE CLASSIFICATION.

    (a) Reclassification.--Section 201(b)(2)(A) (8 U.S.C. 
1151(b)(2)(A)) is amended in clause (i)--
            (1) by inserting ``(I)'' before ``For purposes'';
            (2) by striking ``parents of a citizen of the United 
        States'' and inserting in lieu thereof the following: 
        ``qualifying parents of a citizen of the United States, as 
        defined in subclause (II)''; and
            (3) by inserting after ``remarries'' the following new 
        subclause:
                                    ``(II) For purposes of this clause, 
                                the term `qualifying parent' means a 
                                parent who is at least 65 years of age, 
                                and the greatest number of whose sons 
                                and daughters normally reside in the 
                                United States as nationals of the 
                                United States or aliens lawfully 
                                admitted for permanent residence.''.
    (b) Insurance Requirement for Parents.--Section 212(a)(4) (8 U.S.C. 
1182(a)(4)) is amended--
            (1) by striking ``(4) Public charge.--Any'' and inserting 
        in lieu thereof ``(4) Public charge.--
                    ``(A) In general.--Any''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Insurance requirement for parents.--
                            ``(i) In general.--Any alien who seeks 
                        admission as a parent of a United States 
                        citizen under section 201(b)(2)(A)(i) is 
                        inadmissible unless the alien or a petitioning 
                        son or daughter demonstrates at the time of 
                        issuance of the visa to the satisfaction of the 
                        consular officer and at the time of admission 
                        to the satisfaction of the Attorney General 
                        that the alien--
                                    ``(I) will have coverage under an 
                                adequate health insurance policy (at 
                                least comparable to coverage provided 
                                under the medicare program under title 
                                XVIII of the Social Security Act); and
                                    ``(II) will have coverage with 
                                respect to long-term health needs (at 
                                least comparable to such coverage 
                                provided under the medicaid program 
                                under title XIX of such Act for the 
                                State in which either the alien intends 
                                to reside or in which the petitioner 
                                (on behalf of the alien under section 
                                204(a)(1)) resides,
                        throughout the period the alien resides in the 
                        United States.
                            ``(ii) Factors to be taken into account.--
                        In making a determination under clause (i), the 
                        Attorney General or the consular officer shall 
                        take into account the age of the parent and the 
                        likelihood of the parent's securing health 
                        insurance coverage through employment.
                            ``(iii) Requirements.--Such petitioning son 
                        or daughter shall not be determined to have 
                        demonstrated that the alien will have the 
                        insurance coverage required in clause (i) 
                        unless such son or daughter has agreed to 
                        provide such coverage as part of an affidavit 
                        of support that has been executed as a contract 
                        which--
                                    ``(I) is legally enforceable 
                                against such son or daughter by the 
                                sponsored parent, by the Federal 
                                Government, and by any State, district, 
                                territory, or possession of the United 
                                States (or any subdivision of such 
                                State, district, territory, or 
                                possession of the United States) which 
                                provides any financial or medical 
                                assistance for which eligibility is 
                                based on need, and
                                    ``(II) otherwise satisfies the 
                                requirements of all Federal statutes 
                                relating to such sponsor affidavits of 
                                support presented to satisfy the 
                                requirements of this section.
                            ``(iv) Civil penalty.--(I) Except as 
                        otherwise provided in clause (v), any sponsor 
                        who is determined, after notice and opportunity 
                        for an administrative hearing, pursuant to 
                        regulations of the Attorney General, to have 
                        failed to provide the insurance such sponsor 
                        has agreed to provide in the affidavit 
                        described in clause (iii) shall be subject to a 
                        civil penalty of $5,000 for the first such 
                        failure and $10,000 for the second and 
                        subsequent failures, and to an administrative 
                        order requiring the providing of such 
                        insurance.
                            ``(II) A sponsor adversely affected by such 
                        an administrative order, may, within 45 days 
                        after the date such order was issued (or, if an 
                        administrative appeal is available, after the 
                        conclusion of that appeal), file a petition in 
                        the Court of Appeals for the appropriate 
                        circuit for review of the order. Any such 
                        review shall be solely on the administrative 
                        record, and the court must affirm the order 
                        unless it is clearly erroneous.
                            ``(III)(aa) If a sponsor fails to comply 
                        with an administrative order referred to in 
                        subclause (I), the Attorney General shall file 
                        a suit to seek compliance with the order in any 
                        appropriate district court of the United 
                        States.
                            ``(bb) In any such suit, the determination 
                        that the sponsor had not provided the insurance 
                        he had agreed to provide shall not be subject 
                        to review.
                            ``(v) Exemption.--A sponsor shall not be 
                        subject to the provisions of clause (iv) if the 
                        failure to provide such insurance is the result 
                        of changes in the sponsor's financial 
                        circumstances, changes which would mean that if 
                        such insurance were provided, then the total 
                        income of the sponsor and other members of his 
                        household, minus the cost of providing such 
                        insurance, would be below the official poverty 
                        line (as defined by the Social Security 
                        Administration, and revised annually by the 
                        Secretary of Health and Human Services) that is 
                        applicable to a family the size of the 
                        sponsor's household.''.

SEC. 102. FAMILY-SPONSORED PREFERENCE CLASSIFICATIONS.

    Section 203(a) (8 U.S.C. 1153(a)) is amended to read as follows:
    ``(a) Preference Allocation for Family-Sponsored Immigrants.--
Qualified immigrants who are the spouses or children of an alien 
lawfully admitted for permanent residence shall be allotted visas in a 
number not to exceed 85,000.''.

SEC. 103. EMPLOYMENT-BASED PREFERENCE CLASSIFICATIONS.

    (a) Preference Allocation for Employment-Based Immigrants.--Section 
203(b) (8 U.S.C. 1153(b)) is amended by striking paragraphs (1) through 
(6) and inserting in lieu thereof the following:
            ``(1) Immigrants who are exempt from the labor 
        certification requirement.--
                    ``(A) Aliens with extraordinary ability.--Visas 
                shall be made available in a number not to exceed 
90,000 to qualified immigrants (including, but not limited to, 
professors and researchers)--
                            ``(i) who have--
                                    ``(I) 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; or
                                    ``(II) the potential for 
                                extraordinary achievement in the 
                                sciences, arts, education, or business, 
                                a potential that has been shown through 
                                extensive documentation of their record 
                                over a 10-year period after the 
                                completion of formal education or 
                                training, including their receipt of 
                                internationally recognized prizes and 
                                the testimony of appropriate experts;
                            ``(ii) who seek to be admitted into the 
                        United States to continue work in the area of 
                        extraordinary ability or the potential for 
                        extraordinary achievement; and
                            ``(iii) whose admission into the United 
                        States will substantially benefit prospectively 
                        the United States.
                    ``(B) Certain multinational executives and 
                managers.--
                            ``(i) Allocation of numbers.--Visas shall 
                        be made available in a number not to exceed the 
                        difference between 90,000 and the number of 
                        visas required for the class specified in 
                        subparagraph (A), to qualified immigrants--
                                    ``(I) who, in the 5 years preceding 
                                the time of the alien's application for 
                                classification and admission into the 
                                United States under this paragraph, or 
                                the alien's admission into the United 
                                States as a nonimmigrant described in 
                                section 101(a)(15)(L), have been either 
                                employed outside the United States in a 
                                managerial or executive capacity for at 
                                least 3 years by a multinational firm, 
                                as defined in clause (ii), or employed 
                                outside the United States in such 
                                capacity both for at least 1 year by a 
                                multinational firm, as defined in 
                                subparagraph (B), and for at least 3 
                                years by one or more other firms; and
                                    ``(II) who seek to enter the United 
                                States in order to continue to render 
                                services to the same multinational firm 
                                referred to in subclause (I), or to a 
                                subsidiary or other affiliate (under 
                                substantially common ownership) 
                                thereof, in a capacity that is 
                                managerial or executive.
                            ``(ii) Definition.--For purposes of this 
                        section, the term `multinational firm' means a 
                        corporation or other legal entity that has a 
                        work force of full-time permanent employees 
                        which totals, when added to the total work 
                        force of full-time permanent employees of its 
                        subsidiaries (or other affiliates under 
                        substantially common ownership), at least 100 
                        persons, and that--
                                    ``(I) employs on a full-time 
                                permanent basis at least 20 persons in 
                                the United States who are citizens or 
                                lawful permanent residents of the 
                                United States; and either
                                    ``(II) employs, or whose subsidiary 
                                (or other affiliate under substantially 
                                common ownership) employs, on a full-
                                time permanent basis at least 10 
                                persons in each of at least two foreign 
                                states or dependent areas; or
                                    ``(III) employs, or whose 
                                subsidiary (or other affiliate under 
                                substantially common ownership) 
                                employs, on a full-time permanent basis 
                                at least 20 persons in a single foreign 
                                state or dependent area.
                    ``(C) Investors.--Visas shall be made available in 
                a number not to exceed the difference between 90,000 
                and the number of visas required for the classes 
                specified in subparagraphs (A) and (B), to qualified 
                immigrants seeking to enter the United States for the 
                purpose of engaging in a new commercial enterprise--
                            ``(i) which the alien has established;
                            ``(ii) in which such alien has invested 
                        (after the date of the enactment of 
the Immigration Act of 1990), or, is actively in the process of 
investing, capital in an amount not less than $1,000,000; and
                            ``(iii) which will benefit the United 
                        States economy and create full-time employment 
                        for not fewer than 10 United States citizens or 
                        aliens lawfully admitted for permanent 
                        residence (other than the immigrant and the 
                        immigrant's spouse, sons, or daughters).
                    ``(D) Certain special immigrants.--Visas shall be 
                made available in a number not to exceed 5,000, to 
                qualified special immigrants described in section 
                101(a)(27) (other than those described in subparagraph 
                (A) or (B) thereof), of which not more than 3,500 may 
                be made available in any fiscal year to special 
                immigrants described in section 101(a)(27)(C).
            ``(2) Immigrants who are subject to the labor certification 
        requirement.--
                    ``(A) Aliens who are members of the professions 
                holding advanced degrees.--Visas shall be made 
                available in a number not to exceed--
                            ``(i) 50 percent of the difference between 
                        90,000 and the number of visas required for the 
                        classes specified in subparagraph (1), plus
                            ``(ii) the number of visas not required for 
                        the class specified in subparagraph (B), to 
                        qualified immigrants--
                                    ``(I) who are members of the 
                                professions holding either--
                                            ``(aa) an advanced degree; 
                                        or
                                            ``(bb) both a baccalaureate 
                                        degree and the equivalent of an 
                                        advanced degree;
                                    ``(II) who have a total of 3 years 
                                of experience in the profession outside 
                                the United States after obtaining such 
                                advanced degree or equivalent;
                                    ``(III) whose services in the 
                                sciences, arts, professions, or 
                                business are sought by an employer in 
                                the United States; and
                                    ``(IV) who have satisfied the 
                                requirement specified in subsection 
                                (c).
                    ``(B) Professionals with baccalaureate degrees.--
                Visas shall be made available in a number not to 
                exceed--
                            ``(i) 50 percent of the difference between 
                        90,000 and the number of visas required for the 
                        classes specified in paragraph (1); plus
                            ``(ii) the number of visas not required for 
                        the class specified in subparagraph (A), to 
                        qualified immigrants--
                                    ``(I) who are members of the 
                                professions holding a baccalaureate 
                                degree;
                                    ``(II) who have a total of 5 years 
                                of experience in the profession outside 
                                the United States after receipt of such 
                                degree;
                                    ``(III) whose services in the 
                                sciences, arts, professions, or 
                                business are sought by an employer in 
                                the United States; and
                                    ``(IV) who have satisfied the 
                                requirement specified in subsection 
                                (c).
                    ``(C) Skilled workers.--Visas shall be made 
                available in a number not to exceed the difference 
                between 90,000 and the number of visas required for the 
                classes specified in paragraph (1) and subparagraphs 
                (A) and (B), to qualified immigrants who--
                            ``(i) are capable, at the time of 
                        petitioning for classification under this 
                        clause, of performing skilled labor which is 
                        not of a temporary or seasonal nature and is of 
                        a kind that requires at least 2 years training 
                        or experience (or combination of both);
                            ``(ii) have received at least a high school 
                        education, plus at least 2 years of college or 
                        of post-high school specialized vocational 
                        training;
                            ``(iii) have a total of 5 years of 
                        experience in such skilled labor outside the 
                        United States after obtaining the training or 
                        experience (or the combination of both) 
                        specified in clause (i);
                            ``(iv) whose services are sought by an 
                        employer in the United States; and
                            ``(v) who have satisfied the requirements 
                        specified in subsection (c).
                A visa may not be issued to an alien under this 
                paragraph until the consular officer is in receipt of a 
                determination made by the Secretary of Labor pursuant 
                to the provisions of section 212(a)(5)(A).''.
    (b) Repeal of Diversity Classification.--Section 201(a) (8 U.S.C. 
1151(a)) is amended--
            (1) in paragraph (1), by inserting ``and'' after the 
        semicolon;
            (2) in paragraph (2), by striking ``and'' and inserting in 
        lieu thereof a period; and
            (3) by striking paragraph (3).
    (c) English Requirement.--Section 203 (8 U.S.C. 1153) is amended by 
striking subsection (c) and inserting in lieu thereof the following:
    ``(c) English Requirement.--The requirement specified in this 
subsection is that an alien described in subsection (b)(2) must have 
the ability to read, write, and speak the English language at a level 
required for standard business communication, as demonstrated by their 
score on one or more standardized tests.''.
    (d) Conditional Permanent Resident Status for Immigrants Who Are 
Subject to the Labor Certification Requirement.--Section 203 is amended 
by adding at the end the following new subsection:
    ``(h) Conditional Permanent Resident Status for Immigrants Who Are 
Subject to the Labor Certification Requirement.--
            ``(1) In general.--
                    ``(A) Conditional basis for status.--
                Notwithstanding any other provision of this Act, an 
                alien obtaining the status of an alien lawfully 
                admitted for permanent residence under paragraph (2) of 
                subsection (b) shall be considered, at the time of 
                obtaining such status, to have obtained such status on 
                a conditional basis subject to the provisions of this 
                subsection.
                    ``(B) Notice of requirements.--
                            ``(i) At time of obtaining permanent 
                        residence.--At the time an alien obtains 
                        permanent resident status on a conditional 
                        basis under subparagraph (A), the Attorney 
                        General shall provide for notice to such alien 
                        respecting the provisions of this subsection 
                        and the requirements of paragraph (3)(A) to 
                        have the conditional basis of such status 
                        removed.
                            ``(ii) At time of required petition.--In 
                        addition, the Attorney General shall attempt to 
provide notice to such alien at or about the beginning of the 90-day 
period described in clause (i) of paragraph (4)(B), of the requirements 
of paragraph (3)(A).
                            ``(iii) Effect of failure to provide 
                        notice.--The failure of the Attorney General to 
                        provide a notice under this paragraph shall not 
                        affect the enforcement of the provisions of 
                        this section with respect to such alien.
            ``(2) Termination of status if alien is no longer with 
        employer or has not been paid attested wage.--
                    ``(A) In general.--In the case of an alien with 
                permanent resident status on a conditional basis under 
                paragraph (1), if the Attorney General determines, 
                before the second anniversary of the alien's obtaining 
                the status of lawful admission for permanent residence, 
                that--
                            ``(i) such alien was no longer employed by 
                        the employer that had petitioned for such 
                        alien; or
                            ``(ii) such alien had not been paid the 
                        compensation specified under section 
                        212(a)(5)(A)(ii),
                the Attorney General shall so notify the alien and, 
                subject to subparagraph (B), shall terminate the 
                permanent resident status of the alien (or aliens) 
                involved as of the date of the determination.
                    ``(B) Hearing in deportation proceeding.--Any alien 
                whose permanent resident status is terminated under 
                subparagraph (A) may request a review of such 
                determination in a proceeding to deport the alien. In 
                such proceeding, the burden of proof shall be on the 
                Attorney General to establish, by a preponderance of 
                the evidence, that a condition described in 
                subparagraph (A) is met.
            ``(3) Requirements of timely petition and interview for 
        removal of condition.--
                    ``(A) In general.--In order for the conditional 
                basis established under paragraph (1) for an alien to 
                be removed--
                            ``(i) the alien must submit to the Attorney 
                        General, during the period described in 
                        subparagraph (4)(B), a petition which requests 
                        the removal of such conditional basis and which 
                        states, under penalty of perjury, the facts and 
                        information described in subparagraph (4)(A); 
                        and
                            ``(ii) in accordance with subparagraph 
                        (4)(C), the alien and the petitioning employer 
                        must appear for a personal interview before an 
                        officer or employee of the Service respecting 
                        the facts and information described in 
                        subparagraph (4)(A).
                    ``(B) Termination of permanent resident status for 
                failure to file petition or have personal interview.--
                            ``(i) In general.--In the case of an alien 
                        with permanent resident status on a conditional 
                        basis under paragraph (1), if--
                                    ``(I) no petition is filed with 
                                respect to the alien in accordance with 
                                the provisions of clause (i) of 
                                subparagraph (A); or
                                    ``(II) unless there is good cause 
                                shown, the alien fails to appear at the 
                                interview described in clause (ii) of 
                                subparagraph (A),
                        the Attorney General shall terminate the 
                        permanent resident status of the alien as of 
                        the second anniversary of the alien's lawful 
                        admission for permanent residence.
                            ``(ii) Hearing in deportation proceeding.--
                        In any deportation proceeding with respect to 
                        an alien whose permanent resident status is 
                        terminated under clause (i), the burden of 
                        proof shall be on the alien to establish 
                        compliance with the conditions of clauses (i) 
                        and (ii) of subparagraph (A).
                    ``(C) Determination after petition and interview.--
                            ``(i) In general.--If--
                                    ``(I) a petition is filed in 
                                accordance with the provisions of 
                                clause (i) of subparagraph (A); and
                                    ``(II) the alien and petitioning 
                                employer appear at the interview 
                                described in clause (ii) of 
                                subparagraph (A),
                        the Attorney General shall make a 
                        determination, within 90 days of the date of 
                        the interview, as to whether the facts 
and information described in subparagraph (4)(A) and alleged in the 
petition are true.
                            ``(ii) Removal of conditional basis if 
                        favorable determination.--If the Attorney 
                        General determines that such facts and 
                        information are true, the Attorney General 
                        shall so notify the alien and shall remove the 
                        conditional basis of the alien effective as of 
                        the second anniversary of the alien's obtaining 
                        the status of lawful admission for permanent 
                        residence.
                            ``(iii) Termination if adverse 
                        determination.--If the Attorney General 
                        determines that such facts and information are 
                        not true, the Attorney General shall so notify 
                        the alien and, subject to clause (iv), shall 
                        terminate the permanent resident status of the 
                        alien as of the date of the determination.
                            ``(iv) Hearing in deportation proceeding.--
                        Any alien whose permanent resident status is 
                        terminated under clause (iii) may request a 
                        review of such determination in a proceeding to 
                        deport the alien. In such proceeding, the 
                        burden of proof shall be on the Attorney 
                        General to establish, by a preponderance of the 
                        evidence, that the facts and information 
                        described in subparagraph (4)(A) and alleged in 
                        the petition are not true.
                    ``(D) Waiver.--The Attorney General, in the 
                Attorney General's discretion, may remove the 
                conditional basis of the permanent resident status for 
                an alien who fails to meet the requirements of 
                subparagraph (A) if the alien demonstrates that--
                            ``(i) the employment was entered into in 
                        good faith by the alien, but the employment has 
                        been terminated or the wages specified under 
                        section 212(n)(1)(A) have not been paid, for 
                        reasons beyond the alien's control, including 
                        through layoffs or business failure, and the 
                        alien was not at fault in failing to meet the 
                        requirements of subparagraph (A); or
                            ``(ii) the employment was entered into in 
                        good faith by the alien, but the employment 
                        ended because the employer was engaged in an 
                        unfair labor practice that was causing or 
                        threatening to cause significant injury to the 
                        alien, and the alien was not at fault in 
                        failing to meet the requirements of 
                        subparagraph (A).
                In acting on applications under this subparagraph, the 
                Attorney General shall consider any credible evidence 
                relevant to the application. The determination of what 
                evidence is credible and the weight to be given that 
                evidence shall be within the sole discretion of the 
                Attorney General.
            ``(4) Details of petition and interview.--
                    ``(A) Contents of petition.--Each petition under 
                clause (i) of paragraph (3)(A) shall state that--
                            ``(i) during the 2-year period, the alien 
                        has been employed continuously by the 
                        petitioning employer and has been paid at least 
                        the wage specified under section 212(n)(1)(A); 
                        and
                            ``(ii) no fee or other consideration was 
                        given by the alien for the petitioning 
                        employer's filing of a petition under section 
                        204(a) with respect to the alien.
                    ``(B) Period for filing petition.--
                            ``(i) 90-day period before second 
                        anniversary.--Except as provided in clause 
                        (ii), the petition under clause (i) of 
                        paragraph (3)(A) must be filed during the 90-
                        day period before the second anniversary of the 
                        alien's obtaining the status of lawful 
                        admission for permanent residence.
                            ``(ii) Late petitions for good cause.--Such 
                        a petition may be considered if filed after 
                        such date, but only if the alien establishes to 
                        the satisfaction of the Attorney General good 
                        cause and extenuating circumstances for failure 
                        to file the petition during the period 
                        described in clause (i).
                            ``(iii) Filing of petitions during 
                        deportation.--In the case of an alien who is 
                        the subject of deportation hearings as a result 
                        of failure to file a petition on a timely basis 
                        in accordance with clause (i), the Attorney 
                        General may stay such deportation proceedings 
                        against an alien pending the filing of the 
                        petition under clause (ii).
                    ``(C) Personal interview.--The interview under 
                clause (ii) of paragraph (3)(A) shall be conducted 
                within 90 days after the date of submitting a petition 
                under clause (i) of paragraph (3)(A) and at a local 
                office of the Service, designated by the Attorney 
                General, which is convenient to the alien. The Attorney 
                General, in the Attorney General's discretion, may 
                waive the deadline for such an interview or the 
                requirement for such an interview in such cases as may 
                be appropriate.
            ``(5) Treatment of period for purposes of naturalization.--
        For purposes of title III, in the case of an alien who is in 
        the United States as a lawful permanent resident on a 
        conditional basis under this section, the alien shall be 
        considered to have been admitted as an alien lawfully admitted 
        for permanent residence and to be in the United States as an 
        alien lawfully admitted to the United States for permanent 
        residence.
            ``(6) Treatment of certain waivers.--In the case of an 
        alien who has permanent residence status on a conditional basis 
        under this section, if, in order to obtain such status, the 
        alien obtained a waiver under subsection (h) or (i) of section 
        212 of certain grounds of exclusion, such waiver terminates 
        upon the termination of such permanent residence status under 
        this section.
            ``(7) Definitions.--In this section:
                    ``(A) The term `alien employee' means an alien who 
                obtains the status of an alien lawfully admitted for 
                permanent residence (whether on a conditional basis or 
                otherwise) by virtue of employment, under section 
                203(b)(2).
                    ``(B) The term `qualifying employment' means 
                employment that is the basis for approval of a petition 
                for a classification under section 203(b)(2).
                    ``(C) The term `petitioning employer' means the 
                employer of the alien in connection with the qualifying 
                employment.
            ``(8) Judicial review.--The termination or removal of 
        conditional resident status under this section shall not be 
        subject to judicial review except as part of a final order of 
        deportation under section 106 of this Act.''.

SEC. 104. LABOR CERTIFICATION.

    Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) Labor certification.--Any alien who seeks to 
                enter the United States under the classifications 
                described in section 203(b)(2) is excludable, unless 
                the Secretary of Labor has determined and certified to 
                the Secretary of State and the Attorney General that 
                the employer who is seeking the services of such alien 
                has--
                            ``(i) paid the fee described in 
                        subparagraph (D); and
                            ``(ii) attempted to recruit a citizen of 
                        the United States or an alien lawfully admitted 
                        for permanent residence for the job that will 
                        be done by the alien whose services are being 
                        sought, using recruitment procedures that meet 
                        industry-wide standards and offering 
                        compensation equal in value to at least 105 
                        percent of the prevailing compensation for 
                        individuals in such employment (including 
                        wages, benefits, and all other 
                        compensation).'';
            (2) in subparagraph (C) by striking ``or (3)''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraphs:
                    ``(D)(i) The fee described in this subparagraph is 
                a fee--
                            ``(I) which is equal to 25 percent of the 
                        value of the annual compensation (including 
                        wages, benefits, and all other compensation) to 
                        be paid to the alien whose services are being 
                        sought; and
                            ``(II) which has been paid by the 
                        petitioning employer into a private fund 
                        certified by the Secretary of Labor as 
                        dedicated to the goal of increasing the 
                        competitiveness of workers who are citizens or 
                        lawful permanent residents of the United States 
                        and reducing the dependence of employers on new 
                        foreign workers, by making grants for education 
                        or training, or for other purposes consistent 
                        with such goal.
                    ``(ii)(I) It is unlawful for a petitioning employer 
                to require, as a condition of employment by such 
                employer or otherwise, that the fee described in this 
                subparagraph, or any part of it, be paid directly or 
                indirectly by the alien whose services are being 
                sought.
                    ``(II) Any person or entity which is determined, 
                after notice and opportunity for an administrative 
                hearing, to have violated subclause (I) shall be 
                subject to a civil penalty of $5,000 for each 
                violation, to an administrative order requiring the 
                payment of the fee described in this subparagraph, and 
                to disqualification for 1 year from petitioning under 
                section 204 or 214(c).
                    ``(III) Any amount determined to have been paid, 
                directly or indirectly, to the fund by the alien whose 
                services were sought, shall be repaid from the fund to 
                such alien.
                    ``(E)(i) If the Secretary of Labor determines that 
                a nationwide labor shortage exists in the United States 
                with respect to an occupation, a certification under 
                section 212(a)(5)(A) shall be deemed to have been 
                issued with respect to an alien who has such occupation 
                and for whom a petition has been submitted under 
                section 203(b)(2), except that payment of the fee 
                referred to in subparagraph (A) shall still be required 
                and must be paid before a petition for classification 
                under section 203(b)(2) may be approved.
                    ``(ii) If the Secretary of Labor determines that a 
                labor surplus exists in the United States with respect 
                to an occupation, a certification under section 
                212(a)(5)(A) for petitions for that occupation may not 
                be issued.
                    ``(iii) Any person may request that the Secretary 
                of Labor make a determination described in clause (i) 
                or (ii), by submitting evidence bearing on such 
                determination.
                    ``(iv) The burden of proving that a labor shortage 
                or surplus exists in the United States with respect to 
                an occupation shall be on the person or group 
                requesting that the Secretary of Labor make a 
                determination described in clause (i) or (ii).
                    ``(v) No request for a determination described in 
                clause (i) or (ii) may be considered unless the person 
                or group making the request has provided notice of the 
                request to all persons who the Secretary of Labor has 
                determined, in his sole, unreviewable discretion, are 
                interested parties.
                    ``(vi) Any person may submit to the Secretary of 
                Labor documentary evidence bearing on a request for a 
                determination described in clause (i) or (ii).''.

SEC. 105. SPECIAL IMMIGRANT CLASSIFICATIONS.

    (a) Special Immigrant Status for Certain Disabled Sons and 
Daughters of United States Citizens and Permanent Residents.--Section 
101(a)(27) is amended--
            (1) by striking the period at the end of subparagraph (K) 
        and inserting in lieu thereof ``; or''; and
            (2) by adding at the end the following new subparagraph:
                    ``(L) an immigrant who is the disabled son or 
                daughter (as defined in section 101(a)(47)) of an alien 
                lawfully admitted for permanent residence or a United 
                States citizen, and who is accompanying or following to 
                join such alien or citizen for the purpose of 
                permanently residing with such alien or citizen.''.
    (b) Definition of Disabled Son or Daughter.--Section 101(a) of the 
Immigration and Nationality Act is amended by adding at the end the 
following new paragraph:
    ``(47)(A) For purposes of section 101(a)(27)(B), and except as 
provided in subparagraph (B), the term `disabled son or daughter' means 
a son or daughter who has a severe mental or physical impairment, or 
combination of mental or physical impairments, which--
            ``(i) is likely to continue indefinitely; and
            ``(ii) causes substantially total inability to perform 
        functions necessary for independent living.
    ``(B) No son or daughter may be considered to be a disabled son or 
daughter within the meaning of this paragraph on the basis, in whole or 
in part, of any physical or mental impairment if such son or daughter 
and the lawful permanent resident or citizen of the United States who 
is their parent have not sought the amelioration of this impairment 
through medical treatment to the maximum extent reasonably possible 
given their ability and resources.''.
    (c) Insurance Requirement.--Section 212(a)(4) (8 U.S.C. 
1182(a)(4)), as amended by section 101(b) of this Act, is further 
amended by adding at the end the following new subparagraph:
                    ``(C) Insurance requirement for certain disabled 
                sons and daughters.--
                            ``(i) In general.--Any alien who seeks 
                        admission as a disabled son or daughter under 
                        section 101(a)(27)(L) is inadmissible unless 
                        the alien or a petitioning parent demonstrates 
at the time of issuance of the visa to the satisfaction of the consular 
officer and at the time of admission to the satisfaction of the 
Attorney General that the alien--
                                    ``(I) will have coverage under an 
                                adequate health insurance policy (at 
                                least comparable to coverage provided 
                                under the medicare program under title 
                                XVIII of the Social Security Act); and
                                    ``(II) will have coverage with 
                                respect to long-term health needs (at 
                                least comparable to such coverage 
                                provided under the medicaid program 
                                under title XIX of such Act for the 
                                State in which either the alien and the 
                                petitioning parent will reside),
                        throughout the period the alien resides in the 
                        United States.
                            ``(ii) Factors to be taken into account.--
                        In making a determination under clause (i), the 
                        Attorney General or the consular officer shall 
                        take into account the age of the disabled son 
                        or daughter, the nature of the disability and 
                        impairment, and the likelihood of the son or 
                        daughter securing health insurance coverage 
                        through the petitioner's employment.
                            ``(iii) Requirements.--Such petitioning 
                        parent shall not be determined to have 
                        demonstrated that the alien will have the 
                        insurance coverage required in clause (i) 
                        unless such parent has agreed to provide such 
                        coverage as part of an affidavit of support 
                        that has been executed as a contract which--
                                    ``(I) is legally enforceable 
                                against such parent by the sponsored 
                                son or daughter, by the Federal 
                                Government, and by any State, district, 
                                territory, or possession of the United 
                                States (or any subdivision of such 
                                State, district, territory, or 
                                possession of the United States) which 
                                provides any financial or medical 
                                assistance for which eligibility is 
                                based on need, and
                                    ``(II) otherwise satisfies the 
                                requirements of all Federal statutes 
                                relating to such sponsor affidavits of 
                                support presented to satisfy the 
                                requirements of this section.
                            ``(iv) Civil penalty.--(I) Except as 
                        otherwise provided in clause (v), any sponsor 
                        who is determined, after notice and opportunity 
                        for an administrative hearing, pursuant to 
                        regulations of the Attorney General, to have 
                        failed to provide the insurance such sponsor 
                        has agreed to provide in the affidavit 
                        described in clause (iii) shall be subject to a 
                        civil penalty of $5,000 for the first such 
                        failure and $10,000 for the second and 
                        subsequent failures, and to an administrative 
                        order requiring the providing of such 
                        insurance.
                            ``(II) A sponsor adversely affected by such 
                        an administrative order, may, within 45 days 
                        after the date such order was issued (or, if an 
                        administrative appeal is available, after the 
                        conclusion of that appeal), file a petition in 
                        the Court of Appeals for the appropriate 
                        circuit for review of the order. Any such 
                        review shall be solely on the administrative 
                        record, and the court must affirm the order 
                        unless it is clearly erroneous.
                            ``(III)(aa) If a sponsor fails to comply 
                        with an administrative order referred to in 
                        subclause (I), the Attorney General shall file 
                        a suit to seek compliance with the order in any 
                        appropriate district court of the United 
                        States.
                            ``(bb) In any such suit, the determination 
                        that the sponsor had not provided the insurance 
                        he had agreed to provide shall not be subject 
                        to review.
                            ``(v) Exemption.--A sponsor shall not be 
                        subject to the provisions of clause (iv) if the 
                        failure to provide such insurance is the result 
                        of changes in the sponsor's financial 
                        circumstances, changes which would mean that if 
                        such insurance were provided, then the total 
                        income of the sponsor and other members of his 
                        household, minus the cost of providing such 
                        insurance, would be below the official poverty 
                        line (as defined by the Social Security 
                        Administration, and revised annually by the 
                        Secretary of Health and Human Services) that is 
applicable to a family the size of the sponsor's household.''.
    (d) Location of Work Experience for Certain Religious Workers.--
Section 101(a)(27)(C)(iii) (8 U.S.C. 1101(a)(27)(C)(iii)) is amended by 
inserting ``outside the United States'' after ``continuously''.

SEC. 106. EFFECT OF APPROVED IMMIGRANT VISA PETITION.

    Section 221 (8 U.S.C. 1201) is amended by adding at the end the 
following new subsection:
    ``(j)(1) The approval by the Attorney General of a petition for 
classification under section 101(a)(27), 201(b), 203(a), or 203(b) 
shall not relieve the alien of the burden of establishing to the 
satisfaction of the consular officer that the alien is eligible to 
receive an immigrant visa.
    ``(2) If the alien shall be unable to establish such eligibility 
for an immigrant visa, the consular officer may deny the visa, in his 
sole, unreviewable discretion and notwithstanding the presence of an 
approved petition, and may return the petition to the Attorney General 
for appropriate action.''.

SEC. 107. JUDICIAL REVIEW.

    Section 203 (8 U.S.C. 1153), as amended by this Act, is further 
amended by adding at the end the following new subsection:
    ``(i) Except as otherwise provided in section 203(h)(8) and 
notwithstanding any other provision of law, with respect to any civil 
action against any agency which involves a cause or claim regarding the 
allocation of immigrant visas or determinations made on immigrant visa 
petitions under this section--
            ``(1) suit must be brought within 90 days of the challenged 
        action or determination;
            ``(2) venue shall lie only in the District Court for the 
        District of Columbia;
            ``(3) suit may be brought only by persons who have 
        petitioned for the issuance of an immigrant visa and have 
        exhausted all available administrative remedies;
            ``(4) no suit may be brought to compel the agency to 
        adjudicate a pending visa petition;
            ``(5) review of a denial of a visa petition shall be solely 
        on the administrative record; and
            ``(6) the court--
                    ``(A) must sustain the agency's action unless it 
                has been shown by the petitioner to be clearly 
                erroneous;
                    ``(B) may not review any exercise of the agency's 
                discretion; and
                    ``(C) may not reverse or remand a determination on 
                the basis, in whole or in part, that the agency's 
                explanation of its action was not sufficiently 
                extensive.

SEC. 108. CONFORMING AMENDMENTS AND REPEALS.

    (a) Section 204(a)(1)(A)(i) is amended by striking ``paragraph (1), 
(3), or (4) of''.
    (b) The following sections of the Immigration and Nationality Act 
are amended by striking ``203(a)(2)'' each place it appears and 
inserting in lieu thereof ``203(a)'': sections 204(a)(1)(B)(i), 
204(a)(2)(A), 212(a)(6)(E)(ii), 216(g)(1)(C), and 241(a)(1)(E)(ii).
    (c) The following provisions of the Immigration and Nationality Act 
are amended by striking ``203(a)(2)(A)'' each place it appears and 
inserting in lieu thereof ``203(a)'': Sections 204(a)(1)(B)(ii), and 
204(a)(1)(B)(iii).
    (d) Section 154(b)(1)(B)(i) of the Immigration Act of 1990 is 
amended by striking ``203(b)(1)'' each place it appears and inserting 
in lieu thereof ``203(b)(1)(A) and (B)''.
    (e) Section 204(a)(1)(D) is amended by striking ``, 203(b)(1)(C), 
203(b)(2), or 203(b)(3)'' and inserting in lieu thereof ``or 
203(b)(2)''.
    (f) Section 206(a) of the Immigration Act of 1990 is amended by 
striking ``203(b)(1)(C)'' and inserting ``203(b)(1)(B)''.
    (g) Section 204(b) is amended by striking ``section 203(b)(2) or 
203(b)(3)'' and inserting in lieu thereof ``subparagraph (A), (B), or 
(C) of section 203(b)(2)''.
    (h) Section 212(a)(5)(C) is amended by striking ``or (3)''.
    (i) Section 204(a)(1)(E)(i) is amended by striking ``section 
203(b)(4)'' and inserting in lieu thereof ``section 203(b)(1)(D)''.
    (j) Section 245(i)(3) is amended by striking ``203(b)(4)'' and 
inserting in lieu thereof ``203(b)''.
    (k) Section 204(a)(1)(F) is amended by striking ``203(b)(5)'' and 
inserting in lieu thereof ``203(b)(1)(C)''.
    (l) Sections 216A(b)(1)(C) and 216A(f)(1) are each amended by 
striking ``203(b)(5)'' each place it appears and inserting in lieu 
thereof ``203(b)(1)(C)''.
    (m) Section 610 of Public Law 102-395 is amended--
            (1) in subsections (a) and (b), by striking ``203(b)(5)'' 
        each place it appears and inserting in lieu thereof 
        ``203(b)(1)(C)''; and
            (2) in subsection (c), by striking ``section 
        203(b)(5)(A)(iii)'' and inserting in lieu thereof ``section 
        203(b)(1)(C)(iii)''.
    (n) Public Law 102-509 is amended--
            (1) by striking section 3 and redesignating the section 4 
        as section 3;
            (2) in subsection (a) of section 3, as redesignated--
                    (A) by striking ``expertise'' and inserting in lieu 
                thereof ``education and experience''; and
                    (B) by striking ``who possess `exceptional ability 
                in the sciences', for purposes of'' and inserting in 
                lieu thereof ``described in''.

SEC. 109. TRANSITION.

    Any petition filed under section 204(a) of the Immigration and 
Nationality Act before October 1, 1996--
            (1) for preference status under section 203(a)(2) of such 
        Act (as in effect before such date) for qualified immigrants 
        who are the spouses or children of an alien lawfully admitted 
        for permanent residence; and
            (2) for preference status under section 203(b)(1)(C), 
        203(b)(2), 203(b)(3)(A)(i), 203(b)(3)(A)(ii), 203(b)(4), and 
        203(b)(5) of such Act (as in effect before such date),
shall be deemed, as of such date, to be a petition filed under such 
section for preference status under section 203(a), 203(b)(1)(B), 
203(b)(2)(A), 203(b)(2)(B), 203(b)(2)(C), 203(b)(1)(D), and 
203(b)(1)(C), respectively, of such Act (as amended by this Act).

       Subtitle B--Changes in Numerical Limitations on Immigrants

SEC. 111. WORLDWIDE NUMERICAL LIMITATION ON FAMILY-SPONSORED 
              IMMIGRATION.

    Subsection (c) of section 201 (8 U.S.C. 1151) is amended to read as 
follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year is equal to 85,000, plus the number, if any, 
specified in section 114 of the Immigration Reform Act of 1995.''.

SEC. 112. WORLDWIDE NUMERICAL LIMITATION ON EMPLOYMENT-BASED 
              IMMIGRATION.

    Subsection (d) of section 201 (8 U.S.C. 1151) is amended to read as 
follows:
    ``(d) Worldwide Level of Employment-Based Immigrants.--The 
worldwide level of employment-based immigrants under this subsection 
for a fiscal year is equal to 90,000.''.

SEC. 113. NUMERICAL LIMITATION ON IMMIGRATION FROM A SINGLE FOREIGN 
              STATE.

    (a) In section 202(a), strike paragraphs (2) through (4), and 
insert in lieu thereof the following:
            ``(2) Per country levels for family-sponsored and 
        employment-based immigrants.--(A) Subject to subparagraph (C), 
        the total number of immigrant visas made available in any 
        fiscal year to natives of any single foreign state or dependent 
        area under section 203 (a) and (b) may not exceed the 
        difference (if any) between--
                    ``(i) 20,000 in the case of any foreign state (or 
                5,000 in the case of a dependent area) not contiguous 
                to the United States, or 40,000 in the case of any 
                foreign state contiguous to the United States; and
                    ``(ii) the amount specified in subparagraph (B).
            ``(B) The amount specified in this subparagraph is the 
        amount by which the total of the number of immediate relatives 
        admitted in the prior fiscal year who are natives of such state 
        or dependent area exceeded 20,000 in the case of any foreign 
        state (or 5,000 in the case of a dependent area) not contiguous 
        to the United States, or 40,000 in the case of any foreign 
        state contiguous to the United States.
            ``(C) In any fiscal year in which immigrant visa numbers 
        are made available under section 114(a) of the Immigration 
        Reform Act of 1995, the per country limitation specified in 
        subparagraph (A) shall not apply to aliens who are allotted 
        visas under section 203(a), except that the number of immigrant 
        visas made available to the natives of any foreign state or 
        dependent area under section 203(a) for such fiscal year shall 
        be subtracted from the level specified in subparagraph (A) for 
        purposes of the application of such level to immigrants from 
        such state or area under section 203(b) for such fiscal 
        year.''.
    (b) In section 202(e), strike all after ``in a manner so that'' and 
insert in lieu thereof the following: ``visa numbers are made available 
first under sections 203(a), second under section 203(b)(1)(A), third 
under section 203(b)(1)(B), fourth under section 203(b)(1)(C), fifth 
under section 203(b)(1)(D), sixth under section 203(b)(2)(A), seventh 
under section 203(b)(2)(B), and eighth under section 203(b)(2)(C).''.

SEC. 114. TRANSITION FOR CERTAIN BACKLOGGED SPOUSES AND CHILDREN OF 
              LAWFUL PERMANENT RESIDENTS.

    (a) In General.--(1) In addition to any immigrant visa numbers 
otherwise available, additional immigrant visa numbers shall be made 
available in each fiscal year beginning on or after October 1, 1996, in 
which an alien who has a petition approved for classification under 
section 203(a) of the Immigration and Nationality Act (as amended by 
this Act) as of the date of enactment of this Act could not otherwise 
receive a visa, in an amount equal to the number specified in paragraph 
(2).
    (2) The number specified in this paragraph is--
                    (A) in the first fiscal year beginning after the 
                date of enactment of this Act, 150,000, and
                    (B) in any subsequent fiscal year in which numbers 
                are available under paragraph (1), the lesser of--
                            (i) 150,000, and
                            (ii) the number which is the difference 
                        between--
                                    (I) the total level of family-
                                sponsored immigration under section 
                                203(a) and section 201(b)(2)(A)(i) in 
                                the prior fiscal year; and
                                    (II) the total level of family-
                                sponsored immigration under sections 
                                203(a) and 201(b)(2)(A)(i) in fiscal 
                                year 1995.
    (b) Order of Priority.--Visa numbers that are made available under 
this section for aliens who have petitions approved for classification 
under section 203(a) of the Immigration and Nationality Act (as amended 
by this Act) shall be made available--
            (1) first to aliens for whom the petitioning alien did not 
        become an alien lawfully admitted for permanent residence 
        through the operation of section 210 or 245A of the Immigration 
        and Nationality Act, in the order in which a petition for such 
        classification, in behalf of each such alien, is filed with the 
        Attorney General under section 204 of such Act; and
            (2) second, if there are any remaining numbers, to aliens 
        for whom the petitioning alien did become an alien lawfully 
        admitted for permanent residence through the operation of 
        section 210 or 245A of such Act, in the order in which a 
        petition for such classification, in behalf of each such alien, 
        is filed with the Attorney General under section 204 of such 
        Act.
    (c) Exemption From Per Country Limitation.--The additional visa 
numbers provided under this section shall not be subject to the 
numerical limitations of section 202(a).

SEC. 115. CONGRESSIONAL REVIEW OF NUMERICAL LIMITATIONS.

    (a) Hearings.--(1) After the date specified in paragraph (2), the 
Committee on the Judiciary of the House of Representatives and the 
Committee on the Judiciary of the Senate shall each hold a hearing on 
the issue of whether one or more of the numerical limitations specified 
in section 201(c), 201(d)(1), 203(a), or 203(b) of the Immigration and 
Nationality Act should be changed.
    (2) The date specified in this paragraph is the later of--
            (A) the end of the fifth fiscal year beginning after the 
        effective date of this Act; or
            (B) the date on which the number of aliens who have had 
        petitions approved for classifications under section 203(a) of 
        the Immigration and Nationality Act (as amended by this Act) as 
        of the date of enactment of this Act, but with respect to whom 
        no visa number has yet become available, has declined to a 
        level of 10,000.
    (b) Expedited Procedures.--
            (1) Exercise of rule making power.--Paragraphs (2), (3), 
        and (4) are enacted--
                    (A) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives, respectively, 
                and as such they are deemed a part of the rules of each 
                respective House, but applicable only with respect to 
                the procedure to be followed in the case of a bill 
                described in paragraph (2), and supersede the other 
                rules only to the extent that such subsections are 
                inconsistent therewith; and
                    (B) with full recognition of the constitutional 
                right of either House to change such rules at any time, 
                in the same manner and to the same extent as in the 
                case of any other rule of that House.
            (2) Committee action.--If, within 30 days after the 
        conclusion of a hearing of the Committee on the Judiciary of 
        the House of Representatives or the Committee on the Judiciary 
        of the Senate referred to in subsection (a), a bill directed 
        solely to a change in one or more of the numerical 
limitations referred to in subsection (a) is reported by the Committee 
that held the hearing to the Senate or House of Representatives, as the 
case may be, the procedure specified in paragraphs (3) and (4) shall be 
followed.
            (3) Floor consideration.--(A) After the Committee has 
        reported a bill as provided in paragraph (2), a motion to 
        proceed to the consideration of the bill shall be highly 
        privileged and is not debatable. The motion shall not be 
        subject to amendment, or to a motion to postpone, or to a 
        motion to proceed to the consideration of other business. A 
        motion to reconsider the vote by which the motion is agreed to 
        or disagreed to shall not be in order. If a motion to proceed 
        to the consideration of the bill is agreed to, the resolution 
        shall remain the unfinished business of the respective House 
        until disposed of.
            (B) Debate on the bill, and all debatable motions and 
        appeals in connection therewith, shall be limited to no more 
        than 10 hours, to be equally divided in the Senate between, and 
        controlled by, the majority leader and the minority leader or 
        their designees and to be equally divided in the House of 
        Representatives between individuals favoring and individuals 
        opposed to the bill. A motion further to limit debate is in 
        order and not debatable. An amendment to, or a motion to 
        postpone, or a motion to proceed to the consideration of other 
        business, or a motion to recommit the resolution, is not in 
        order. A motion to reconsider the vote by which the bill is 
        passed or rejected shall not be in order.
            (C) Immediately following the conclusion of the debate on 
        the bill, and a single quorum call at the conclusion of the 
        debate if requested in accordance with the rules of the 
        appropriate House, the vote on final passage of the bill shall 
        occur.
            (D) Appeals from the decisions of the Chair relating to the 
        application of the rules of the Senate or the House of 
        Representatives, as the case may be, to the procedure relating 
        to the bill shall be decided without debate.
            (4) Receipt of bill from other house.--If, prior to the 
        passage by one House of a bill of that House described in 
        paragraph (2), that House receives a bill described in 
        paragraph (2) from the other House, then--
                    (A) the procedure in that House shall be the same 
                as if no such bill had been received from the other 
                House; but
                    (B) the vote on final passage shall be on the bill 
                of the other House.

                        TITLE II--NONIMMIGRANTS

SEC. 201. CHANGES IN H AND L CLASSIFICATIONS.

    (a) Intent.--(1) Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is 
amended in subclause (i)(b) by inserting after ``section 212(j)(2),'' 
the following: ``having a residence in a foreign country which he has 
no intention of abandoning''.
    (2) Section 101(a)(15)(L) (8 U.S.C. 1101(a)(15)(L)) is amended by 
inserting after ``an alien'' the following: ``having a residence in a 
foreign country which he has no intention of abandoning''.
    (3) Section 214(b) (8 U.S.C. 1184(b)) is amended by striking 
``(other than a nonimmigrant described in subparagraph (H)(i) or (L) of 
section 101(a)(15))''.
    (b) Duration.--(1) Section 214(c)(2)(D) (8 U.S.C. 1184(c)(2)(D)) is 
amended by striking all that follows after ``admission for'' and 
inserting in lieu thereof the following: ``a nonimmigrant admitted to 
render services under section 101(a)(15)(L) shall not exceed 3 
years.''.
    (2) Section 214(g)(4) is amended--
            (A) by inserting ``or section 101(a)(15)(H)(ii)(b)'' after 
        ``section 101(a)(15)(H)(i)(b)''; and
            (B) by striking ``6 years'' and inserting in lieu thereof 
        ``3 years''.

SEC. 202. CHANGES IN H-1B CLASSIFICATION.

    (a) Fee.--Section 212(n) (8 U.S.C. 1182(n)) is amended by adding at 
the end the following new paragraph:
    ``(3)(A) No alien may be admitted or provided status as a 
nonimmigrant described in section 101(a)(15)(H)(i)(b) unless the 
Secretary of Labor has determined and certified to the Secretary of 
State and the Attorney General that the employer who is seeking the 
services of such alien has paid a fee--
            ``(i) which is a percent of the value of the annual 
        compensation (including wages, benefits, and all other 
        compensation) to be paid to the alien whose services are being 
        sought, equal to 5 percent in the first year, 7.5 percent in 
        the second year, and 10 percent in the third year; and
            ``(ii) which is paid by the petitioning employer into a 
        private fund certified by the Secretary of Labor as dedicated 
        to the goal of increasing the competitiveness of workers who 
        are citizens or lawful permanent residents of the United States 
        and reducing the dependence of employers on new 
foreign workers, by making grants for education or training, or for 
other purposes consistent with such goal.
    ``(B)(i) It is unlawful for a petitioning employer to require, as a 
condition of employment by such employer, or otherwise, that the fee 
described in this paragraph, or any part of it, be paid directly or 
indirectly by the alien whose services are being sought.
    ``(ii) Any person or entity which is determined, after notice and 
opportunity for an administrative hearing, to have violated clause (i) 
shall be subject to a civil penalty of $5,000 for each violation, to an 
administrative order requiring the payment of the fee described in this 
paragraph, and to disqualification for 1 year from petitioning under 
section 204 or 214(c).
    ``(iii) Any amount determined to have been paid, directly or 
indirectly, to the fund by the alien whose services were sought, shall 
be repaid from the fund to such alien.''.
    (b) Attestations.--
            (1) Wage level.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is 
        amended in subparagraph (A)(i)--
                    (A) by striking ``wages that are at least'' and 
                inserting in lieu thereof the following: ``compensation 
                (including wages, benefits, and all other compensation) 
                that is equal in value to at least '';
                    (B) by striking ``the actual wage level'' and 
                inserting in lieu thereof the following: ``100 percent 
                of the prevailing level of compensation (including 
                wages, benefits, and all other compensation)''; and
                    (C) by striking ``the prevailing wage level'' and 
                inserting in lieu thereof the following: ``105 percent 
                of the prevailing level of compensation (including 
                wages, benefits, and all other compensation)''.
            (2) Displacement of united states workers.--Section 
        212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after 
        subparagraph (D) the following new subparagraph:
            ``(E)(i) The employer--
                    ``(I) within the 6 months preceding the date of 
                filing the application, has not laid off any protected 
                individual (within the meaning of section 274B(a)(3)) 
                with substantially equivalent, or greater, 
                qualifications (including experience) for the specific 
                employment for which the nonimmigrant is being sought, 
                unless the employer pays to the nonimmigrant actual 
                compensation equal in value to at least 105 percent of 
                the arithmetic mean of the value of the last 
                compensation (including wages, benefits, and all other 
                compensation) earned by the laid off employees (or, if 
                greater, 105 percent of the arithmetic mean of the 
                highest compensation (including wages, benefits, and 
                all other compensation) earned by such laid off 
                employees within the most recent year, if the employer 
                reduced compensation of the laid off employees during 
                such year and such reduction was not part of a general 
                company-wide reduction of compensation for 
                substantially all employees); and
                    ``(II) within the 90 days following the date of 
                filing the application, and for so long as the 
                application remains active or a visa remains in effect 
                with respect to a nonimmigrant pursuant to such an 
                application, will not lay off any protected individual 
                (within the meaning of section 274B(a)(3)) with 
                substantially equivalent, or greater, qualifications 
                (including experience) for the specific employment for 
                which the nonimmigrant is employed, unless the employer 
                pays to the immigrant actual compensation equal in 
                value to at least 105 percent of the arithmetic mean of 
                the value of the last compensation (including wages, 
                benefits, and all other compensation) earned by the 
                laid off employees (or, if greater, 105 percent of the 
                arithmetic mean of the highest compensation (including 
                wages, benefits, and all other compensation) earned by 
                such laid off employees within the most recent year, if 
                the employer reduced compensation of the laid off 
                employees during such year and such reduction was not 
                part of a general company-wide reduction of 
                compensation for substantially all employees).
            ``(ii) For purposes of this subparagraph, the term `laid 
        off', with respect to an employee, means the employee's loss of 
        employment, other than a discharge for cause or a voluntary 
        departure or voluntary retirement.''.
            (3) Recruitment of united states workers.--Section 
        212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by this Act, is 
        further amended by inserting after subparagraph (E) the 
        following new subparagraph:
            ``(F) The employer, prior to filing the application, 
        attempted to recruit a citizen of the United States or an alien 
        lawfully admitted for permanent residence for the job that will 
be done by the alien whose services are being sought, using recruitment 
procedures that meet industry-wide standards and offering compensation 
equal in value to at least--
                    ``(i) 100 percent of the actual level of 
                compensation (including wages, benefits, and all other 
                compensation) paid by the employer to all other 
                individuals with similar experience and qualifications 
                for the specific employment in question; or
                    ``(ii) 105 percent of the level of compensation 
                (including wages, benefits, and all other compensation) 
                prevailing for individuals in such employment in the 
                area of employment,
        whichever is greater, based on the best information available 
        as of the date of filing the application.''.
            (4) Steps to end dependence on foreign workers.--Section 
        212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by this Act, is 
        further amended by inserting after subparagraph (F) the 
        following new subparagraph:
            ``(G)(i) The employer has taken, and is taking, timely, 
        significant, and effective steps to recruit and retain 
        sufficient United States workers, in order to remove as quickly 
        as reasonably possible the dependence of the employer on 
        nonimmigrant foreign workers.
            ``(ii) For purposes of clause (i), each of the following 
        shall be considered a significant step reasonably designed to 
        recruit and retain workers who are United States citizens or 
        lawful permanent resident aliens:
                    ``(I) Operating a program of training existing 
                employees who are U.S. citizens or lawful permanent 
                resident aliens in the skills needed by the employer, 
                or financing (or otherwise providing for) employees' 
                participation in such a training program elsewhere.
                    ``(II) Providing career development programs and 
                other methods of facilitating workers in related fields 
                to acquire the skills needed by the employer.
                    ``(III) Paying to employees who are United States 
                citizens or lawful permanent resident aliens 
                compensation that is equal in value to more than 105 
                percent of what is paid to persons similarly employed 
                in the geographic area.
                    ``(IV) Providing facilities and services to 
                increase the productivity of employees, in order to 
                decrease the number of persons with the desired skills 
                who are needed.
                    ``(V) Providing reasonable opportunities for 
                meaningful increases in compensation by employees who 
                are United States citizens or lawful permanent resident 
                aliens who have the needed skills.
        The steps described in this clause shall not be considered to 
        be an exhaustive list of the significant steps that may be 
        taken to meet the requirements of clause (i).
            ``(iii) Such steps shall not be considered effective if the 
        employer has failed to decrease by at least 10 percent in two 
        consecutive years the percentage of the employer's total number 
        of employees in the specific employment in which the 
        nonimmigrant workers are employed, which is represented by the 
        number of such nonimmigrant workers.''.
            (5) Job contractors.--(A) Section 212(n)(1) (8 U.S.C. 
        1182(n)(1)), as amended by this Act, is further amended by 
        inserting after subparagraph (G) the following new 
        subparagraph:
            ``(H) In the case of an employer that is a job contractor 
        (within the meaning of regulations promulgated by the Secretary 
        of Labor to carry out this subsection), the contractor will not 
        place the employee with another employer unless such other 
        employer has executed an attestation that the employer is 
        complying and will continue to comply with the requirements of 
        this paragraph in the same manner as they apply to the job 
        contractor.''.
            (B) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by 
        this Act, is further amended by adding at the end the following 
        new subparagraph:
                    ``(E) The provisions of this paragraph shall apply 
                to complaints respecting a failure of another employer 
                to comply with an attestation described in paragraph 
                (1), that has been made as the result of the 
                requirement imposed on job contractors under paragraph 
                (1)(H), in the same manner that they apply to 
                complaints of a petitioner with respect to a failure to 
                comply with a condition described in paragraph (1) by 
                employers generally.''.
    (c) Experience Requirement.--Section 214(i)(2) (8 U.S.C. 
1184(i)(2)) is amended--
            (1) in subparagraph (B), by striking ``or'' and inserting 
        in lieu thereof ``and''; and
            (2) in subparagraph (C), by striking ``(i)'' and all that 
        follows through ``to the specialty'' and inserting in lieu 
        thereof the following: ``2 years experience in the specialty 
        outside the United States after obtaining the most recently 
        received bachelor's or higher degree''.
    (d) Prevailing Wage.--Section 212(n), as amended by this Act, is 
further amended by adding at the end the following new paragraph:
            ``(4) The prevailing level of compensation for an 
        occupational classification in an area of employment for 
        purposes of paragraph (1) and of subsection (a)(5) shall not be 
        considered to vary depending on the characteristics of the 
        employer (including whether or not the employer is an 
        institution of higher education or a related or affiliated 
        nonprofit entity), except, pursuant to regulations of the 
        Secretary of Labor, to the extent there is a difference in 
        either--
                    ``(A) working conditions, including the presence or 
                absence of conditions that could reasonably be expected 
                to affect the wage that would have to be paid; or
                    ``(B) functional requirements of the job.''.

SEC. 203. CHANGES IN L CLASSIFICATION.

    (a) Section 101(a)(15)(L) is amended to read as follows:
        ``(L) an alien--
                    ``(i) who, in the 5 years preceding the time of the 
                alien's application for admission into the United 
                States, either has been employed outside the United 
                States for at least 3 years by a multinational firm (as 
                defined in section 203(b)(1)(B)(ii)) in a capacity that 
                is managerial, executive, or involves specialized 
                knowledge, or has been employed outside the United 
                States in such a capacity both for at least 1 year by a 
                multinational firm, and for at least 3 years by one or 
                more other multinational firms; and
                    ``(ii) who seeks to enter the United States in 
                order to continue to render services to the same 
                multinational firm, or to a subsidiary or other 
                affiliate (under substantially common ownership) 
                thereof, in such a capacity, and the alien spouse and 
                minor children of any such alien if accompanying him or 
                following to join him;''.
    (b) Section 214(c)(2)(B) (8 U.S.C. 1184(c)(2)(B)) is amended by 
inserting before the period at the end the following: ``, except that 
such special knowledge or advanced level of knowledge may not be taken 
into account for purposes of that section if it is common in the 
industry.''.

SEC. 204. CHANGES IN B, F, J, AND M CLASSIFICATIONS.

    (a) Admission of Student Visa Holders.--Section 214 (8 U.S.C. 1184) 
is amended by adding at the end the following new subsection:
    ``(l)(1) A nonimmigrant under section 101(a)(15) (F) or (M) shall 
be admitted for the proposed period of study at the specified academic 
level. A student shall be expected to make normal progress toward 
obtaining his or her diploma or degree. The Attorney General may, 
however, grant a limited extension of stay to allow the student to 
complete studies beyond the period normally required.
    ``(2) A nonimmigrant under section 101(a)(15)(J) shall be admitted 
for the proposed period of participation in the sponsoring exchange 
program.''.
    (b) Persons Eligible for Student Visas.--(1) Section 101(a)(15)(B) 
(8 U.S.C. 1101(a)(15)(B)) is amended by inserting after ``study'' the 
following: ``(except for the purpose of English language training of 
six months or less)''.
    (2) Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--
            (A) in clause (i)--
                    (i) by inserting after ``such a course of study'' 
                the following: ``(other than English language training 
                of six months or less)''; and
                    (ii) by striking ``academic high school, elementary 
                school, or other academic institution or in a language 
                training program'', and inserting in lieu thereof the 
                following: ``private elementary or academic secondary 
                school, or postsecondary academic institution, or in a 
                language-training program''; and
            (B) by inserting before the semicolon at the end of clause 
        (ii) the following: ``: Provided, That nothing in this 
        paragraph shall be construed to prevent a child who is present 
        in the United States in a nonimmigrant status other than that 
        conferred by section 101(a)(15) (B), (C), (F)(i), or (M)(i), 
        from seeking admission to a public elementary or secondary 
        school for which such child may otherwise be qualified.''.

SEC. 205. PILOT PROGRAM ON INFORMATION AND TRACKING SYSTEM RELATING TO 
              NONIMMIGRANT FOREIGN STUDENTS.

    (a) In General.--Not later than January 1, 1998, the Attorney 
General and the Secretary of State shall jointly develop and conduct a 
pilot program to collect electronically from approved colleges and 
universities in the United States the information described in 
subsection (c) with respect to aliens with the status, or seeking the 
status, of nonimmigrants under section 101(a)(15) (F), (J), or (M) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) (F), (J), or 
(M)).
    (b) Covered Countries.--The pilot program established under 
subsection (a) shall cover the nationals of countries selected jointly 
by the Attorney General and the Secretary of State. The Attorney 
General and the Secretary shall initially select not less than five 
countries and may select additional countries at any time while the 
program is being conducted.
    (c) Information To Be Collected.--Under the pilot program, the 
Attorney General and the Secretary of State shall collect all of the 
following information:
            (1) Whether an alien applying for a visa, or for entry into 
        the United States, as a student under the provisions of section 
        101(a)(15) (F), (J), or (M) of the Immigration and Nationality 
        Act has been issued a certificate of eligibility by an approved 
        college or university, and the name of each such college or 
        university.
            (2) The date on which a visa was issued to an alien under 
        section 101(a)(15) (F), (J), or (M) of such Act, the place at 
        which such visa was issued, the category of such visa, and the 
        name of the college or university for which such visa was 
        issued.
            (3) Whether an alien is enrolled in an approved college or 
        university in the United States, and the name of each such 
        college or university.
            (4) The current address in the United States of aliens with 
        the status, or seeking the status, of nonimmigrants under 
        section 101(a)(15) (F), (J), or (M) of such Act.
            (5) Whether an alien with the status, or seeking the 
        status, of a nonimmigrant under section 101(a)(15) (F), (J), or 
        (M) of such Act is a student in good standing at an approved 
        college or university, who is pursuing a full course of study 
        and is making normal progress toward a degree, or has 
        withdrawn, been expelled, suspended, or placed on academic 
        probation, or has transferred, graduated, or his attendance has 
        otherwise terminated.
            (6) Whether an alien with the status, or seeking the 
        status, of a nonimmigrant under section 101(a)(15) (F), (J), or 
        (M) of such Act has been expelled, suspended, placed on 
        academic probation, or subjected to other disciplinary action, 
        by an approved college or university as the result of being 
        convicted of a crime.
    (d) Dissemination of Information.--(1) The Secretary of State shall 
make available the information collected under the program to embassies 
and consulates of the United States designated by the Secretary.
    (2) The Attorney General shall make available such information to 
immigration officers designated by the Attorney General.
    (e) Funding.--(1)(A)(i) The Secretary of State shall impose and 
collect a processing fee on all visas issued under the provisions of 
section 101(a)(15) (F) or (M) of the Immigration and Nationality Act.
    (ii) The Attorney General shall impose and collect a processing fee 
on all changes of status to such classifications.
    (iii) The Secretary and the Attorney General shall commence 
imposing and collecting such fees on April 1, 1997.
    (B) Except as provided in subsection (g)(2), the amount of the fee 
imposed and collected under subparagraph (A) shall be jointly 
determined by the Attorney General and the Secretary and may be in any 
amount not in excess of $100.
    (2) The Attorney General and the Secretary shall use funds 
collected under paragraph (1) to pay for the costs of carrying out the 
program.
    (3) Funds collected under paragraph (1) shall be available to the 
Attorney General and the Secretary, without regard to appropriation 
Acts and without fiscal year limitation, to supplement funds otherwise 
available to the Department of Justice and the Department of State.
    (f) Joint Report.--Not later than five years after the commencement 
of the pilot program under subsection (a), the Attorney General and the 
Secretary of State shall jointly submit to the Committees on the 
Judiciary of the Senate and the House of Representatives a report on 
the pilot program and the feasibility of expanding the program to cover 
the nationals of all countries.
    (g) Worldwide Applicability of Program.--(1)(A) Not later than six 
months after the submission of the report required by subsection (f), 
the Attorney General and the Secretary of State shall jointly commence 
expansion of the pilot program to cover the nationals of all countries.
    (B) Such expansion shall be completed not later than one year after 
the date of the submission of the report referred to in subsection (f).
    (2) After the program has been expanded, as provided in paragraph 
(1), the Attorney General and the Secretary may, on a periodic basis, 
jointly revise the amount of the processing fee imposed and collected 
under the program, in order to take into account changes in the cost of 
carrying out the program.
    (h) Participation by Colleges and Universities.--(1) The 
information specified in subsection (c) shall be provided by approved 
colleges and universities as a condition of their approval under 
section 101(a)(15) (F) or (M) of the Immigration and Nationality Act, 
or of the issuance of visas to aliens for purposes of studying, or 
otherwise participating, at such colleges and universities in a program 
under section 101(a)(15)(J) of such Act.
    (2) If an approved college or university fails to provide the 
specified information, such approval and such issuance of visas shall 
be revoked or denied.

                       TITLE III--EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act, and the 
amendments made by this Act, shall take effect on October 1, 1996.
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