[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1774 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1774

    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

                              May 12, 1999

 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 1999''.

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.--
                    ``(A) In general.--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, 
                except that work experience described in subparagraph 
                (B) shall not be considered work experience as an 
                unauthorized alien.
                    ``(B) Work experience described.--Work experience 
                described in this subparagraph is work experience--
                            ``(i) obtained in employment in the United 
                        States by an alien--
                                    ``(I) admitted as a nonimmigrant 
                                student described in section 
                                101(a)(15)(F)(i) or 101(a)(15)(M)(i);
                                    ``(II) who failed to pursue a full 
                                course of study; and
                                    ``(III) who did not know, and did 
                                not have reason to know, that such 
                                failure was a violation of a condition 
                                for the continuation of such 
                                nonimmigrant status; and
                            ``(ii) with respect to which (and during 
                        the period for which) the alien relied in good 
                        faith on an otherwise valid work authorization, 
                        issued to the alien notwithstanding the alien's 
                        failure to pursue a full course of study.''.
    (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:
    ``(n) 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.
                                 <all>