[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4227 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4227

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, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 11, 2000

   Mr. Smith of Texas (for himself, Mr. Campbell, and Mr. Goodlatte) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 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, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Technology Worker 
Temporary Relief Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
          TITLE I--NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS

Sec. 101. Temporary increase in access to H1-B nonimmigrants.
Sec. 102. Secretary of State to maintain records on H-1B nonimmigrants.
          TITLE II--NEW REQUIREMENTS ON PETITIONING EMPLOYERS

Sec. 201. Minimum salary requirement.
Sec. 202. Submission of data on H1-B nonimmigrants after employment 
                            commencement.
Sec. 203. English language requirement for H1-B nonimmigrants providing 
                            instruction.
Sec. 204. Effective date.
        TITLE III--ANTI-FRAUD PROVISIONS FOR H-1B NONIMMIGRANTS

Sec. 301. Requiring specialty occupation workers and fashion models to 
                            obtain status as an H-1B nonimmigrant.
Sec. 302. Requiring full-time employment.
Sec. 303. Requirements for specialty occupation.
Sec. 304. Anti-fraud fee.
Sec. 305. Additional requirements on petitioning employers.
Sec. 306. Requiring filing of W-2 forms.
Sec. 307. Effective date.
TITLE IV--EXTENSION OF PROVISIONS FROM THE AMERICAN COMPETITIVENESS AND 
                   WORKFORCE IMPROVEMENT ACT OF 1998

Sec. 401. Protection against displacement of United States workers in 
                            case of H-1B dependent employers.
Sec. 402. Additional investigative authority.

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

SEC. 101. TEMPORARY INCREASE IN ACCESS TO H-1B NONIMMIGRANTS.

    (a) Eliminating Numerical Limitation for Fiscal Year 2000; 
Conditioning Increases for Fiscal Years 2001 and 2002.--Section 
214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(1)(A)) is amended to read as follows:
            ``(A) under section 101(a)(15)(H)(i)(b), may not exceed--
                    ``(i) subject to paragraph (5), 107,500 in fiscal 
                year 2001;
                    ``(ii) subject to paragraph (5), 65,000 in fiscal 
                year 2002; and
                    ``(iii) 65,000 in each succeeding fiscal year; 
                or''.
    (b) Conditions on Increases.--Section 214(g) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the 
following:
    ``(5)(A) The numerical limitations in clauses (i) and (ii) of 
paragraph (1)(A) shall not apply to an alien described in subparagraph 
(B) after 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.
    ``(B) An alien is described in this subparagraph if--
            ``(i) the alien, disregarding clauses (i) and (ii) of 
        paragraph (1)(A), otherwise is eligible to be issued a visa or 
        provided nonimmigrant status under section 101(a)(15)(H)(i)(b); 
        and
            ``(ii) the employer petitioning under subsection (c)(1) 
        with respect to the alien 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).
    ``(C) In making the determinations under subparagraph (B)(ii)--
            ``(i) any group treated as a single employer under 
        subsection (b), (c), (m), or (o) of section 414 of the Internal 
        Revenue Code of 1986 shall be treated as a single employer; and
            ``(ii) the Attorney General shall disregard workers who 
        ceased employment with an employer by reason of the employer's 
        having sold, or otherwise legally transferred for 
        consideration, the assets of a division or other severable 
        portion of the employer's business to another person before the 
        end of the employer's previous tax year.''.
    (c) Effective Dates.--
            (1) Eliminating numerical limitation for fiscal year 
        2000.--The amendment made by subsection (a), to the extent that 
        it eliminates the numerical limitation under section 
        214(g)(1)(A)(iii) of the Immigration and Nationality Act, as in 
        effect on the day before the date of the enactment of this 
Act, shall take effect on the date of the enactment of this Act.
            (2) Conditioning increases for fiscal years 2001 and 
        2002.--In all other respects, the amendments made by this 
        section shall take effect on October 1, 2000, 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--NEW REQUIREMENTS ON PETITIONING EMPLOYERS

SEC. 201. MINIMUM SALARY REQUIREMENT.

    Section 212(n)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(1)(A)) is amended--
            (1) by striking ``and'' at the end of clause (i);
            (2) by redesignating clause (ii) as clause (iii); and
            (3) by inserting after clause (i) the following:
                    ``(ii) is offering and will offer during the period 
                of authorized employment to H-1B nonimmigrants wages 
                that are at least equal to an annual salary of $40,000 
                (including cash bonuses and similar compensation), 
                except if the employer is an institution of higher 
                education (as defined in section 101(a) of the Higher 
                Education Act of 1965) or a related or affiliated 
                nonprofit entity, a nonprofit research organization, or 
                a governmental research organization, and''.

SEC. 202. SUBMISSION OF DATA ON H1-B NONIMMIGRANTS AFTER EMPLOYMENT 
              COMMENCEMENT.

    (a) In General.--Section 212(n)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(1)) is amended by inserting after 
subparagraph (G) the following:
            ``(H) The employer will electronically submit to the 
        Secretary, not later than 30 days after the date on which an H-
        1B nonimmigrant commences employment with the employer, data in 
        an electronic format containing information about the 
        nonimmigrant, including the following:
                    ``(i) The name of the nonimmigrant.
                    ``(ii) The foreign state of which the nonimmigrant 
                is a citizen or national.
                    ``(iii) The academic degrees obtained by the 
                nonimmigrant.
                    ``(iv) The nonimmigrant's job title.
                    ``(v) The date on which employment commenced.
                    ``(vi) The nonimmigrant's salary or wage level.''.
    (b) Requirement on Secretary.--Not later than 30 days after the 
receipt of data from an employer that is provided in accordance with 
section 212(n)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(1)(H)), as inserted by subsection (a), the Secretary of Labor 
shall make such data available on the Internet.

SEC. 203. ENGLISH LANGUAGE REQUIREMENT FOR H-1B NONIMMIGRANTS PROVIDING 
              INSTRUCTION.

    Section 214(i)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(i)(2)) is amended--
            (1) by striking ''(A)'' and inserting ``(i)'';
            (2) by striking ``(B)'' and inserting ``(ii)'';
            (3) in subparagraph (C), by striking ``(ii)'' and inserting 
        ``(II)''
            (4) by striking ``(C)(i)'' and inserting ``(iii)(I)'';
            (5) by striking ``(2)'' and inserting ``(2)(A)''; and
            (6) by adding at the end the following:
    ``(B) In the case of a position in a specialty occupation that 
requires an alien to provide instruction in any subject to students in 
the United States, the requirements of this paragraph also include a 
requirement that the alien have the level of competence in oral and 
written English considered by the Attorney General, in consultation 
with the Secretary of Education, to be appropriate for work of the kind 
in which the alien will be engaged, as shown by an appropriate score on 
one or more nationally recognized, commercially available, standardized 
assessments of ability to speak and write English.''.

SEC. 204. EFFECTIVE DATE.

    The amendments made by this title shall take effect on the date of 
the enactment of this Act and shall apply to petitions filed under 
section 214(c), and applications filed under section 212(n)(1), of the 
Immigration and Nationality Act on and after October 1, 2000.

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

SEC. 301. 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 of this Act, 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. 302. 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 striking 
``or (P))'' and inserting ``or (P)), not less than 35 hours per week 
(except if the employer is an institution of higher education (as 
defined in section 101(a) of the Higher Education Act of 1965) or a 
related or affiliated nonprofit entity),''.
    (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. 303. REQUIREMENTS FOR SPECIALTY OCCUPATION.

    (a) In General.--Section 214(i) of the Immigration and Nationality 
Act (8 U.S.C. 1184(i)), as amended by section 203 of this Act, is 
further 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) by amending paragraph (2)(A)(iii) to read as follows:
            ``(iii)(I) completion of a bachelor's degree (or higher 
        degree) that is not described in paragraph (1)(B), (II) 
        experience in the specialty equivalent to the completion of the 
        degree described in paragraph (1)(B) for the occupation, and 
        (III) recognition of expertise in the specialty through 
        progressively responsible positions relating to the 
        specialty.''; and
            (3) by adding at the end the following:
    ``(3)(A) Subject to subparagraph (B), for purposes of this 
subsection, 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)(i) 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.
    ``(ii) In carrying out clause (i), the Secretary of State shall 
verify the authenticity of any foreign educational credential proffered 
by an alien. The Secretary of State may enter into contracts with 
public or private entities in conducting such verifications.
    ``(iii) In addition to any other fees authorized by law, the 
Secretary of State may impose a fee on an employer filing a petition 
under subsection (c)(1) initially to grant an alien nonimmigrant status 
described in section 101(a)(15)(H)(i)(b), if a determination or 
verification described in clause (i) or (ii) is required with respect 
to the petition. Fees collected under this clause 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 Educational Credential Verification Account.--There is 
established in the general fund of the Treasury a separate account, 
which shall be known as the `H-1B Educational Credential Verification 
Account'. Notwithstanding any other provision of law, there shall be 
deposited as offsetting receipts into the account all fees collected 
under section 214(i)(3)(B)(iii). Amounts deposited into the account 
shall remain available to the Secretary of State until expended to 
carry out section 214(i)(3)(B).''.

SEC. 304. 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(u).''.
    (b) Establishment of Account; Use of Fees.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356), as amended by section 
303 of this Act, is further is amended by adding at the end the 
following:
    ``(u) 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 for 
                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. 305. ADDITIONAL REQUIREMENTS ON PETITIONING EMPLOYERS.

    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)), as amended by section 304 of this Act, 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;
                    ``(ii) has aggregate gross assets with a value of 
                not less than $250,000--
                            ``(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; or
                    ``(iii) provides documentation of business activity 
                pursuant to regulations promulgated by the Attorney 
                General.''.

SEC. 306. REQUIRING FILING OF W-2 FORMS.

    (a) In General.--Section 212(n)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(1)), as amended by section 202 of 
this Act, is further amended by inserting after subparagraph (H) the 
following:
            ``(I) The employer will, with respect to each employee who 
        is an alien admitted or provided status as a nonimmigrant 
        described in section 101(a)(15)(H)(i)(b), annually submit to 
        the Secretary of Labor a copy of the most recent statement 
        under section 6051 of the Internal Revenue Code of 1986. Such 
        submission may be made by electronic means.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to applications described in section 212(n)(1) of the Immigration and 
Nationality Act made on or after October 1, 2000, but only with respect 
to statements made under section 6051 of the Internal Revenue Code of 
1986 on or after January 1, 2001.

SEC. 307. EFFECTIVE DATE.

    Except for the amendment made by section 306, 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 IV--EXTENSION OF PROVISIONS FROM THE AMERICAN COMPETITIVENESS AND 
                   WORKFORCE IMPROVEMENT ACT OF 1998

SEC. 401. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES WORKERS IN 
              CASE OF H-1B DEPENDENT EMPLOYERS.

    Section 212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``2001,'' and 
inserting ``2002,''.

SEC. 402. ADDITIONAL INVESTIGATIVE AUTHORITY.

    Section 413(e)(2) 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 ``2001.'' and 
inserting ``2002.''.
                                 <all>