[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2984 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2984

  To amend the Immigration and Nationality Act to ensure that aliens 
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that 
  Act are counted, for purposes of determining whether the numerical 
   limitation on the provision of such status has been reached, in a 
manner that is accurate, fair, and takes into account only those aliens 
        who actually commence employment as such a nonimmigrant.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2001

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

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to ensure that aliens 
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that 
  Act are counted, for purposes of determining whether the numerical 
   limitation on the provision of such status has been reached, in a 
manner that is accurate, fair, and takes into account only those aliens 
        who actually commence employment as such a nonimmigrant.

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

SECTION 1. ENSURING THAT NUMERICAL LIMITATION COMPUTATION ACCURATELY 
              REFLECTS NUMBER OF H-1B NONIMMIGRANTS EMPLOYED.

    (a) In General.--Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:
            ``(8) Ensuring that numerical limitation computation 
        accurately reflects number of h-1b nonimmigrants employed.--
                    ``(A) In general.--The Attorney General shall take 
                such steps as may be necessary to ensure that all 
                numerical limitations applicable to the issuance of 
                visas, or the provision of nonimmigrant status, under 
                section 101(a)(15)(H)(i)(b) are applied in a manner 
                that--
                            ``(i) accurately reflects the actual number 
                        of aliens who commence employment in the United 
                        States as such a nonimmigrant in each fiscal 
                        year; and
                            ``(ii) does not count against any such 
                        numerical limitation--
                                    ``(I) any visa issued to an alien 
                                based on a petition filed by an 
                                employer that is not used by the alien 
                                as the basis for admission into the 
                                United States and commencement of 
                                employment with such employer within a 
                                reasonable period of time subsequent to 
                                its issuance any visa (including any 
                                visa in excess of one, in cases in 
                                which multiple visas are issued to a 
                                single alien based on petitions filed 
                                by multiple prospective employers and 
                                the alien accepts employment with only 
                                one of those employers);
                                    ``(II) any change of nonimmigrant 
                                classification or status authorized for 
                                an alien based on a petition filed by 
                                an employer that is not used by the 
                                alien to commence employment with such 
                                employer within a reasonable period of 
                                time subsequent to such authorization 
                                (including any authorization in excess 
                                of one, in cases in which multiple 
                                authorizations are provided to a single 
                                alien based on petitions filed by 
                                multiple prospective employers and the 
                                alien accepts employment with only one 
                                of those employers); and
                                    ``(III) any visa (or authorization 
                                to change nonimmigrant classification 
                                or status) in excess of one, in cases 
                                in which multiple visas (or 
                                authorizations) are issued to a single 
                                alien in order to permit employment 
                                with more than one employer in the 
                                United States during identical or 
                                concurrent periods of time.
                    ``(B) Cancellation of concurrent visas upon entry 
                into united states.--Pursuant to subparagraph (A), the 
                Attorney General shall take such steps as may be 
                necessary to ensure that when an alien is admitted into 
                the United States based on a visa according status as 
                nonimmigrant described in section 101(a)(15)(H)(i)(b), 
                any unused visa according such nonimmigrant status that 
                has been issued to the alien is canceled for purposes 
                of computing any numerical limitation applicable to the 
                provision of nonimmigrant status under such section.
                    ``(C) Use of visas and other authorizations within 
                a reasonable period of time.--Pursuant to subparagraph 
                (A), the Attorney General shall promulgate regulations 
                establishing the precise durations of the periods of 
                time described in clauses (I) and (II) of such 
                subparagraph. The Attorney General shall by regulation 
                provide for the cancellation of any visa or 
                authorization described in such clauses that is not 
                used by an alien to commence employment before the 
                termination of the period of time determined by the 
                Attorney General to be reasonable in the case of that 
                visa or authorization. All such cancellations shall be 
                taken into account in implementing subparagraph (A).
                    ``(D) Coordination.--The heads of all other Federal 
                agencies with regulatory authority with respect to 
                aliens who may be provided nonimmigrant status under 
                section 101(a)(15)(H)(i)(b) or employers who may 
                petition under subsection (c) with respect to such 
                aliens, including the Secretary of State and the 
                Secretary of Labor, shall coordinate and cooperate with 
                the Attorney General in order to ensure that this 
                paragraph is implemented as efficiently and effectively 
                as possible.''.
    (b) Conforming Amendment.--Section 214(g)(7) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(7)) is amended by striking the second 
sentence.
                                 <all>