[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2045 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2045
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2000
Mr. Hatch (for himself, Mr. Abraham, Mr. Gramm, Mr. Graham, Mr.
Lieberman, Mrs. Feinstein, Mr. Lott, Mr. Nickles, Mr. Mack, Mr.
Specter, Mr. DeWine, Mr. Ashcroft, Mr. McConnell, Mr. Gorton, Mr.
Hagel, Mr. Bennett, Mr. Grams, Mr. Brownback, Mr. Smith of Oregon, and
Mr. Warner) 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 with respect to H-1B
nonimmigrant aliens.
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 ``American Competitiveness in the
Twenty-first Century Act of 2000''.
SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.
In addition to the number of aliens who may be issued visas or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) (8 U.S.C. 1101 (a)(15)(H)(i)(b)), the following
number of aliens may be issued such visas or otherwise provided such
status for each of the following fiscal years:
(1) 80,000 for fiscal year 2000;
(2) 87,500 for fiscal year 2001; and
(3) 130,000 for fiscal year 2002.
SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND
GRADUATE DEGREE RECIPIENTS.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended by adding at the end the following new paragraphs:
``(5) The numerical limitations contained in paragraph (1)(A)(iii)
shall not apply to any nonimmigrant alien issued a visa or otherwise
provided status under section 101(a)(15)(H)(i)(b)--
``(A) who is employed (or has received an offer of
employment) at--
``(i) an institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))), or a related or
affiliated nonprofit entity; or
``(ii) a nonprofit research organization or a
governmental research organization; or
``(B) for whom a petition is filed not more than 90 days
before or not more than 180 days after the nonimmigrant has
attained a master's degree or higher degree from an institution
of higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))).''.
``(6) Any alien who ceases to be employed by an employer described
in paragraph (5)(A) shall, if employed as a nonimmigrant alien
described in section 101(a)(15)(H)(i)(b), be counted toward the
numerical limitations contained in paragraph (1)(A)(iii) the first time
the alien is employed by an employer other than one described in
paragraph (5)(A).''.
SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-
BASED IMMIGRANTS.
(a) Special Rules.--Section 202(a) (8 U.S.C. 1152(a)) is amended by
adding at the end the following new paragraph:
``(5) Rules for employment-based immigrants.--
``(A) Employment-based immigrants not subject to
per country limitation if additional visas available.--
If the total number of visas available under paragraph
(1), (2), (3), (4), or (5) of section 203(b) for a
calendar quarter exceeds the number of qualified
immigrants who may otherwise be issued such visas, the
visas made available under that paragraph shall be
issued without regard to the numerical limitation under
paragraph (2) of this subsection during the remainder
of the calendar quarter.
``(B) Limiting fall across for certain countries
subject to subsection (e).--In the case of a foreign
state or dependent area to which subsection (e)
applies, if the total number of visas issued under
section 203(b) exceeds the maximum number of visas that
may be made available to immigrants of the state or
area under section 203(b) consistent with subsection
(e) (determined without regard to this paragraph), in
applying subsection (e) all visas shall be deemed to
have been required for the classes of aliens specified
in section 203(b).''.
(b) Conforming Amendments.--
(1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is amended by
striking ``paragraphs (3) and (4)'' and inserting ``paragraphs
(3), (4), and (5)''.
(2) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is amended by
striking ``the proportion of the visa numbers'' and inserting
``except as provided in subsection (a)(5), the proportion of
the visa numbers''.
(c) One-Time Protection Under Per Country Ceiling.--Notwithstanding
section 214(g)(4) of the Immigration and Nationality Act, any alien
who--
(1) is the beneficiary of a petition filed under section
204(a) for a preference status under paragraph (1), (2), or (3)
of section 203(b); and
(2) would be subject to the per country limitations
applicable to immigrants under those paragraphs but for this
subsection,
may apply for, and the Attorney General may grant, an extension of such
nonimmigrant status until the alien's application for adjustment of
status has been processed and a decision made thereon.
SEC. 5. INCREASED PORTABILITY OF H-1B STATUS.
(a) In General.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended by adding at the end the following new
subsection:
``(m)(1) A nonimmigrant alien described in paragraph (2) who was
previously issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(i)(b) is authorized to accept new
employment upon the filing by the prospective employer of a new
petition on behalf of such nonimmigrant as provided under subsection
(a). Employment authorization shall continue for such alien until the
new petition is adjudicated. If the new petition is denied, employment
authorization shall cease.
``(2) A nonimmigrant alien described in this paragraph is a
nonimmigrant alien--
``(A) who has been lawfully admitted into the United
States;
``(B) on whose behalf an employer has filed a nonfrivolous
application for new employment or extension of status before
the date of expiration of the period of stay authorized by the
Attorney General; and
``(C) who has not been employed without authorization in
the United States before or during the pendency of such
petition for new employment.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to petitions filed before, on, or after the date of enactment of
this Act.
SEC. 6. EXTENSION OF AUTHORIZED STAY IN CASES OF LENGTHY ADJUDICATIONS.
(a) Exemption From Limitation.--The limitation contained in section
214(g)(4) of the Immigration and Nationality Act with respect to the
duration of authorized stay shall not apply to any nonimmigrant alien
previously issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality
Act on whose behalf a petition under section 204(b) to accord the alien
immigrant status under section 203(b), or an application for adjustment
of status under section 245 to accord the alien status under section
203(b), has been filed, if 365 days or more have elapsed since the
filing of a labor certification application on the alien's behalf, if
required for the alien to obtain status under section 203(b), or the
filing of the petition under section 204(b).
(b) Extension of H1-B Worker Status.--The Attorney General shall
extend the stay of an alien who qualifies for an exemption under
subsection (a) in one-year increments until such time as a final
decision is made on the alien's lawful permanent residence.
SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH
FISCAL YEAR 2002.
(a) Attestation Requirements.--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 ``October 1, 2001'' and inserting ``October 1, 2002''.
(b) Fee Requirements.--Section 212(c)(9)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(c)(9)(A)) is amended in the text above
clause (i) by striking ``October 1, 2001'' and inserting ``October 1,
2002''.
(c) Department of Labor Investigative Authorities.--Section
413(e)(2) of the American Competitiveness and Workforce Improvement Act
of 1998 (as contained in title IV of division C of Public Law 105-277)
is amended by striking ``September 30, 2001'' and inserting ``September
30, 2002''.
SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.
Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C.
1184 (g)(3)) is amended to read as follows:
``(3) Aliens who are subject to the numerical limitations of
paragraph (1) shall be issued visas (or otherwise provided nonimmigrant
status) in the order in which petitions are filed for such visas or
status. If an alien who was issued a visa or otherwise provided
nonimmigrant status and counted against the numerical limitations of
paragraph (1) is found to have been issued such visa or otherwise
provided such status by fraud or willfully misrepresenting a material
fact and such visa or nonimmigrant status is revoked, then one number
shall be restored to the total number of aliens who may be issued visas
or otherwise provided such status under the numerical limitations of
paragraph (1) in the fiscal year in which the petition is revoked,
regardless of the fiscal year in which the petition was approved.''.
SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.
(a) Study.--The National Science Foundation shall conduct a study
of the divergence in access to high technology (commonly referred to as
the ``digital divide'') in the United States.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Director of the National Science Foundation shall
submit a report to Congress setting forth the findings of the study
conducted under subsection (a).
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