[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3814 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3814

To amend the Immigration and Nationality Act with respect to the number 
      of aliens granted nonimmigrant status described in section 
    101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, to 
 implement measures to prevent fraud and abuse in the granting of such 
   status, to provide for expedited processing of certain employers' 
petitions with respect to aliens seeking such status, to increase, and 
 modify the use of, fees paid by employers petitioning with respect to 
                  such aliens, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2000

  Mr. Smith of Texas (for himself, Mr. Campbell, Mr. Cannon, and Mr. 
  Goodlatte) introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
     Science, and Education and the Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act with respect to the number 
      of aliens granted nonimmigrant status described in section 
    101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, to 
 implement measures to prevent fraud and abuse in the granting of such 
   status, to provide for expedited processing of certain employers' 
petitions with respect to aliens seeking such status, to increase, and 
 modify the use of, fees paid by employers petitioning with respect to 
                  such aliens, and for other purposes.

    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 ``Technology Worker Temporary Relief 
Act''.

          TITLE I--NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS

SEC. 101. INAPPLICABILITY OF FISCAL YEAR 2000 NUMERICAL LIMITATIONS TO 
              CERTAIN ALIENS.

    (a) In General.--Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)) is amended--
            (1) in paragraph (1)(A)(iii), by inserting ``Subject to 
        paragraph (5),'' before ``115,000''; and
            (2) by adding at the end the following:
    ``(5)(A) After the numerical limitation in paragraph (1)(A)(iii) 
has been exceeded, 45,000 aliens described in subparagraph (B) may be 
issued a visa or otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(b) in fiscal year 2000 without regard to such 
paragraph.
    ``(B) An alien is described in this subparagraph if--
            ``(i) the alien, disregarding paragraph (1)(A)(iii), 
        otherwise is eligible to be issued a visa or provided 
        nonimmigrant status under section 101(a)(15)(H)(i)(b); and
            ``(ii) such employer demonstrates in the petition that--
                    ``(I) as of the last day of the employer's previous 
                tax year, there was a net increase (as compared with 
                the first day of such tax year) in the number of full-
                time equivalent United States workers (as defined in 
                section 212(n)(4)(E)) on the employer's payroll;
                    ``(II) as of the end of the employer's previous tax 
                year, there was a net increase (as compared with the 
                prior tax year) in the total wages (including cash 
                bonuses and similar compensation) paid to United States 
                workers described in subclause (I) during such year; 
                and
                    ``(III) as of the end of the employer's previous 
                tax year, there was a net increase (as compared with 
                the prior tax year) in the median of the wages 
                described in subclause (II).''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        shall take effect on the date on which final regulations fully 
        implementing all provisions of the American Competitiveness and 
        Workforce Improvement Act of 1998 (as contained in title IV of 
        division C of the Omnibus Consolidated and Emergency 
        Supplemental Appropriations Act, 1999; Public Law 105-277) 
        become effective.
            (2) Amendments may take effect without regulations.--The 
        amendments made by subsection (a) shall take effect as provided 
        in paragraph (1) without regard to whether or not proposed or 
        final regulations to carry out such amendments have been 
        promulgated.

SEC. 102. SECRETARY OF STATE TO MAINTAIN RECORDS ON H-1B NONIMMIGRANTS.

    (a) In General.--Section 214(g)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(3)) is amended--
            (1) by striking ``(3)'' and inserting ``(3)(A)''; and
            (2) by adding at the end the following:
    ``(B) Records with respect to the issuance of visas (or the 
provision otherwise of nonimmigrant status) under section 
101(a)(15)(H)(i)(b) shall be maintained in accordance with regulations 
prescribed by the Secretary of State.''.
    (b) Conforming Amendments.--Section 416 of the American 
Competitiveness and Workforce Improvement Act of 1998 (Public Law 105-
277; 112 Stat. 2681-655; 8 U.S.C. 1184 note) is amended--
            (1) in subsection (a)--
                    (A) by striking ``214(g)(1)'' and inserting 
                ``214(g)(1)(B)'';
                    (B) by striking ``1184(g)(1))'' and inserting 
                ``1184(g)(1)(B))''; and
                    (C) by adding at the end ``The Secretary of State, 
                with the assistance of the Attorney General, shall take 
                such steps as are necessary to maintain an accurate 
                count of the number of aliens subject to the numerical 
                limitations of section 214(g)(1)(A) of such Act (8 
                U.S.C. 1184(g)(1)(A)) who are issued visas or otherwise 
                provided nonimmigrant status.'';
            (2) in subsection (b), by striking ``to count'' and 
        inserting ``to count, or to assist the Secretary of State in 
        accurately counting,''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``Attorney 
                General'' and inserting ``Secretary of State''; and
                    (B) in paragraph (2), by inserting ``and the 
                Secretary of State'' after ``Attorney General''.
    (c) Effective Date.--The amendments made by this section shall take 
effect beginning with the first fiscal year that begins after the date 
of the enactment of this Act.

         TITLE II--ANTI-FRAUD PROVISIONS FOR H-1B NONIMMIGRANTS

SEC. 201. REQUIRING SPECIALTY OCCUPATION WORKERS AND FASHION MODELS TO 
              OBTAIN STATUS AS AN H-1B NONIMMIGRANT.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)), as amended by section 101, is further amended by adding at 
the end the following:
    ``(6) Notwithstanding any other provision of this Act, any alien 
admitted or provided status as a nonimmigrant in order to provide 
services in a specialty occupation described in subsection (i)(1) 
(other than services described in subparagraph (H)(ii)(a), (O), or (P) 
of section 101(a)(15)) or as a fashion model shall have been issued a 
visa (or otherwise been provided nonimmigrant status) under section 
101(a)(15)(H)(i)(b).''.

SEC. 202. REQUIRING FULL-TIME EMPLOYMENT.

    (a) In General.--Section 101(a)(15)(H)(i)(b) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended by inserting 
``not less than 35 hours per week'' after ``or (P))''.
    (b) Conforming Amendments.--Section 212(n)(2)(C)(vii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(vii))is 
amended--
            (1) in subclause (I), by striking ``a full-time'' and 
        inserting ``an'';
            (2) by striking subclause (II);
            (3) in subclause (III), by striking ``subclauses (I) and 
        (II)'' and inserting ``subclause (I)''; and
            (4) by redesignating subclauses (III) through (VI) as 
        subclauses (II) through (V), respectively.

SEC. 203. REQUIREMENTS FOR SPECIALTY OCCUPATION.

    Section 214(i) of the Immigration and Nationality Act (8 U.S.C. 
1184(i)) is amended--
            (1) by amending paragraph (1)(B) to read as follows:
            ``(B) attainment of a bachelor's degree (or higher degree) 
        in the specific specialty as a minimum for entry into the 
        occupation in the United States.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by adding ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking ``, or'' at 
                the end and inserting a period; and
                    (C) by striking subparagraph (C); and
            (3) by adding at the end the following:
    ``(3)(A) Subject to subparagraph (B), for purposes of paragraph 
(1)(B), the term `bachelor's degree (or higher degree)' includes a 
foreign degree that is a recognized foreign equivalent of a bachelor's 
degree (or higher degree).
    ``(B) In the case of an alien obtaining a foreign degree, any 
determination with respect to the equivalence of that degree to a 
degree obtained in the United States shall be made by the Secretary of 
State. In carrying out the preceding sentence, the Secretary of State 
shall verify the authenticity of any foreign educational credential 
proffered by an alien.''.

SEC. 204. ANTI-FRAUD FEE.

    (a) Imposition of Fee.--Section 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the 
following:
    ``(10)(A) In addition to any other fees authorized by law, the 
Attorney General shall impose an anti-fraud fee on an employer filing a 
petition under paragraph (1)--
            ``(i) initially to grant an alien nonimmigrant status 
        described in section 101(a)(15)(H)(i)(b); or
            ``(ii) to obtain authorization for an alien having such 
        status to change employers.
    ``(B) The amount of the fee shall be $100 for each such petition.
    ``(C) Fees collected under this paragraph shall be deposited in the 
Treasury in accordance with section 286(t).''.
    (b) Establishment of Account; Use of Fees.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at 
the end the following:
    ``(t) H-1B Anti-fraud Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `H-1B Anti-fraud Account'. Notwithstanding any other provision 
        of law, there shall be deposited as offsetting receipts into 
        the account all fees collected under section 214(c)(10).
            ``(2) Use of fees to combat fraud.--
                    ``(A) Attorney general.--
                            ``(i) Programs to eliminate fraud.--20 
                        percent of amounts deposited into the H-1B 
                        Anti-fraud Account shall remain available to 
                        the Attorney General until expended for 
                        programs and activities to eliminate fraud by 
                        employers filing petitions described in section 
                        214(c)(9)(A) and aliens who are the 
                        beneficiaries of such petitions.
                            ``(ii) Removal of aliens.--20 percent of 
                        amounts deposited into the H-1B Anti-fraud 
                        Account shall remain available to the Attorney 
                        General until expended for the removal of H-1B 
                        nonimmigrants (as defined in section 
                        212(n)(4)(C)) who are deportable under section 
                        237(a)(1)(A) by reason of having been found to 
                        be within the class of aliens inadmissible 
                        under section 212(a)(6)(C).
                    ``(B) Secretary of state.--40 percent of amounts 
                deposited into the H-1B Anti-fraud Account shall remain 
                available to the Secretary of State until expended--
                            ``(i) to carry out section 214(i)(3)(B); 
                        and
                            ``(ii) for other programs and activities to 
                        eliminate fraud by employers and aliens 
                        described in subparagraph (A).
                    ``(C) Joint programs.--20 percent of amounts 
                deposited into the H-1B Anti-fraud Account shall remain 
                available to the Attorney General and the Secretary of 
                State until expended for programs and activities 
                conducted by them jointly to eliminate fraud by 
                employers and aliens described in subparagraph (A).''.

SEC. 205. ADDITIONAL REQUIREMENTS ON PETITIONING EMPLOYERS.

    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)), as amended by section 204, is further amended by adding at 
the end the following:
    ``(11) The Attorney General may not approve any petition under 
paragraph (1) filed by an employer with respect to an alien seeking to 
obtain or having the status of a nonimmigrant under section 
101(a)(15)(H)(i)(b) unless the employer satisfies the following 
requirements:
            ``(A) The employer--
                    ``(i) is an institution of higher education (as 
                defined in section 101(a) of the Higher Education Act 
                of 1965), or a governmental or nonprofit entity; or
                    ``(ii) maintains a place of business in the United 
                States that is licensed in accordance with any 
                applicable State or local business licensing 
                requirements and is used exclusively for business 
                purposes.
            ``(B) The employer--
                    ``(i) is a governmental entity; or
                    ``(ii) has aggregate gross assets with a value of 
                not less than $5,000,000--
                            ``(I) in the case of an employer that is a 
                        publicly held corporation, as determined using 
                        its most recent report filed with the 
                        Securities and Exchange Commission; or
                            ``(II) in the case of any other employer, 
                        as determined as of the date on which the 
                        petition is filed pursuant to regulations 
                        promulgated by the Attorney General.''.

SEC. 206. EFFECTIVE DATE.

    The amendments made by this title shall apply to petitions filed 
under section 214(c), and applications filed under section 212(n)(1), 
of the Immigration and Nationality Act on or after the date final 
regulations are issued to carry out such amendments.

         TITLE III--EXPEDITED PROCESSING FOR CERTAIN EMPLOYERS

SEC. 301. EXPEDITED PROCESSING OF PETITIONS BY CERTAIN EMPLOYERS.

    (a) In General.--Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)), as amended by section 205, is further amended 
by adding at the end the following:
    ``(12)(A) In the case of an employer filing a petition described in 
paragraph (11) who is qualified for expedited processing under 
subparagraphs (B) and (C) and has paid the expedited processing fee 
under subparagraph (D) (in addition to any other fees imposed under 
paragraph (9) or (10))--
            ``(i) determinations with respect to the petition shall be 
        made by the Attorney General through a national office 
        established by the Attorney General for this purpose;
            ``(ii) if the petition is complete when it is filed, and if 
        the Attorney General does not approve or disapprove the 
        petition during the 30-day period beginning on the date on 
        which it is filed, it shall be deemed approved, except that in 
        a case where the Attorney General, before the expiration of 
        such 30-day period, requests the employer to submit additional 
        information, the Attorney General shall have 30 days after the 
        date of that submission in which to approve or disapprove the 
        petition before it is deemed approved; and
            ``(iii) the employer shall be deemed to have satisfied the 
        requirement in paragraph (11)(B)(ii) if the employer states in 
        the petition that it satisfies such requirement.
    ``(B) An employer may qualify for expedited processing under this 
subparagraph by demonstrating, in an application submitted to the 
Attorney General, that--
            ``(i) the employer--
                    ``(I) is an institution of higher education (as 
                defined in section 101(a) of the Higher Education Act 
                of 1965), a related or affiliated nonprofit entity, a 
                nonprofit research organization, or a governmental 
                entity and has been in existence continuously for not 
                less than 5 years; or
                    ``(II) has been doing business continuously for not 
                less than 5 years and has reported at least 
                $100,000,000 in gross receipts or sales on a United 
                States income tax return for each of the 2 most 
                recently completed tax years;
            ``(ii) the employer is not an H-1B dependent employer (as 
        defined in section 212(n)(3)(A));
            ``(iii) the employer has never submitted a petition 
        described in paragraph (11) that was denied, or been subject to 
        an approval that was subsequently revoked, on account of fraud, 
        except if such denial or revocation was done in cooperation 
        with, or at the request of, the employer;
            ``(iv) the employer has never been found willfully to have 
        failed to meet a condition of section 212(n)(1), willfully to 
        have made a misrepresentation of material fact in an 
        application under such section, or to have committed a 
        violation of section 212(n)(2)(C)(iv); and
            ``(v) the employer has not been found to have failed to 
        meet a condition of section 212(n)(1), or to have made a 
        misrepresentation of material fact in an application under such 
        section, during the last 5 years.
    ``(C) In the case of an employer who has qualified for expedited 
processing under subparagraph (B), the employer shall cease to be 
considered so qualified upon a determination by the Attorney General 
that any of clauses (i) through (v) of such subparagraph are no longer 
accurate with respect to the employer.
    ``(D)(i) The Attorney General shall impose a fee on an employer 
filing a petition under paragraph (1) and requesting expedited 
processing of the petition under this paragraph.
    ``(ii) The amount of the fee shall be $250 for each such petition.
    ``(iii) Fees collected under this paragraph shall be deposited as 
offsetting receipts into the account entitled `Immigration Examinations 
Fee Account' in the Treasury of the United States and shall be 
available in accordance with section 286(n).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to petitions filed under section 214(c) of the Immigration and 
Nationality Act on or after the date final regulations are issued to 
carry out such amendment.

TITLE IV--COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR SCHOLARSHIPS

SEC. 401. INCREASE IN H-1B NONIMMIGRANT FEES.

    Section 214(c)(9) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(9)) is amended--
            (1) in subparagraph (A), by striking ``on or after December 
        1, 1998,'' and inserting ``on or after the date of the 
        enactment of the Technology Worker Temporary Relief Act''; and
            (2) in subparagraph (B), by striking ``$500'' and inserting 
        ``$1,000''.

SEC. 402. REPEAL OF AUTHORITY TO USE FEES UNDER JOB TRAINING 
              PARTNERSHIP ACT AND WORKFORCE INVESTMENT ACT.

    (a) Repeal of Deposit Allocation.--
            (1) In general.--Section 286(s) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(s)) is amended--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3) through (6) as 
                paragraphs (2) through (5), respectively.
            (2) Conforming amendment.--Section 414(d)(4) of the 
        American Competitiveness and Workforce Improvement Act of 1998 
        (as contained in title IV of division C of the Omnibus 
        Consolidated and Emergency Supplemental Appropriations Act, 
        1999; Public Law 105-277) is amended by striking ``286(s)(3)'' 
        and inserting ``286(s)(2)''.
    (b) Repeal of Authority To Use Funds for Demonstration Programs and 
Projects.--
            (1) In general.--Section 414 of the American 
        Competitiveness and Workforce Improvement Act of 1998 is 
        amended--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsection (d) as subsection 
                (c).
            (2) Conforming amendment.--Section 286(s)(2) of the 
        Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) (as 
        redesignated by subsection (a)(1)(B)) is amended by striking 
        ``414(d)'' and inserting ``414(c)''.

SEC. 403. USE OF FEES FOR SCHOLARSHIP PROGRAM.

    (a) Deposit Allocation.--Section 286(s)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1356(s)(2)) (as redesignated by section 
402(a)(1)(B) of this Act) is amended--
            (1) in the paragraph heading, by striking ``low-income'';
            (2) by striking ``28.2 percent'' and inserting ``84.5 
        percent'';
            (3) by inserting ``merit-based'' before ``scholarships'';
            (4) by striking ``low-income'';
            (5) by striking ``a degree in mathematics, engineering, or 
        computer science.'' and inserting ``a bachelor's or graduate 
        degree with an academic major in computer science, computer 
        programming, information sciences, systems analysis, computer 
        engineering, electrical engineering, electronics engineering, 
        or electronic commerce.''; and
            (6) by adding at the end ``Not more than 5 percent of the 
        amounts made available under this paragraph may be used for 
        administrative expenses.''.
    (b) Scholarship Program Authorized.--Section 414(c) of the American 
Competitiveness and Workforce Improvement Act of 1998 (as redesignated 
by section 402(b)(1)(B) of this Act) is amended--
            (1) in the subsection heading, by striking ``Low-Income'';
            (2) in paragraph (1)--
                    (A) by inserting ``merit-based'' before 
                ``scholarships'';
                    (B) by inserting ``directly'' after 
                ``scholarships'';
                    (C) by striking ``low-income individuals'' and 
                inserting ``graduate students and undergraduate 
                students who are in their junior or senior year of 
                attendance at an institution of higher education''; and
                    (D) by striking ``associate,'' and all that follows 
                through the period at the end and inserting ``a 
                bachelor's or graduate degree with an academic major in 
                computer science, computer programming, information 
                sciences, systems analysis, computer engineering, 
                electrical engineering, electronics engineering, or 
                electronic commerce.''; and
            (3) in paragraph (2)--
                    (A) in subparagraph (A)(iii)--
                            (i) by inserting ``will be a graduate 
                        student or an undergraduate student in the 
                        junior or senior year and'' before ``intends''; 
                        and
                            (ii) by striking ``an associate,'' and all 
                        that follows through the period at the end and 
                        inserting ``a bachelor's or graduate degree 
                        with an academic major in computer science, 
                        computer programming, information sciences, 
                        systems analysis, computer engineering, 
                        electrical engineering, electronics 
                        engineering, or electronic commerce.''; and
                    (B) by adding at the end the following:
                    ``(C) Scholarship revocation.--A scholarship 
                awarded under this subsection shall be revoked if the 
                individual to whom the award is made does not maintain 
                a status of good standing in a degree program with an 
                academic major in computer science, computer 
                programming, information sciences, systems analysis, 
                computer engineering, electrical engineering, 
                electronics engineering, or electronic commerce.''.
                                 <all>