[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 471 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 471

    To amend the Immigration and Nationality Act to not count work 
  experience as an unauthorized alien for purposes of admission as an 
          employment-based immigrant or an H-1B nonimmigrant.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 1997

 Mr. Gallegly introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to not count work 
  experience as an unauthorized alien for purposes of admission as an 
          employment-based immigrant or an H-1B nonimmigrant.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illegal Alien Employment 
Disincentive Act of 1997''.

SEC. 2. NOT COUNTING WORK EXPERIENCE AS AN UNAUTHORIZED ALIEN FOR 
              PURPOSES OF ADMISSION AS A WORKER.

    (a) For Admission as an Employment-Based Immigrant.--Section 203(b) 
of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended by 
adding at the end the following new paragraph:
            ``(7) Not counting work experience as an unauthorized 
        alien.--For purposes of this subsection, work experience 
        obtained in employment in the United States with respect to 
        which (and during the period for which) the alien was an 
        unauthorized alien (as defined in section 274A(h)(3)) shall not 
        be taken into account.''.
    (b) For Classification as an H-1B Nonimmigrant.--Section 214 of 
such Act (8 U.S.C. 1184) is amended by adding at the end the following 
new subsection:
    ``(l) Work experience obtained in employment in the United States 
with respect to which (and during the period for which) the alien was 
an unauthorized alien (as defined in section 274A(h)(3)) shall not be 
taken into account in determining eligibility to be classified as a 
nonimmigrant under section 101(a)(15)(H)(i)(b).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to visas issued (and adjustments and changes of status effected) 
on or after the date of the enactment of this Act, regardless of 
whether the work experience as an unauthorized alien occurred before, 
on, or after such date.
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