[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4041 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4041

To waive, in fiscal year 2004, the numerical limitation applicable to a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(b) of the 
Immigration and Nationality Act, if the employer petitioning on behalf 
 of the nonimmigrant employed such a nonimmigrant in fiscal year 2003, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2004

 Mr. Goodlatte (for himself, Mr. Jones of North Carolina, Mr. Simmons, 
Mr. Van Hollen, Ms. Loretta Sanchez of California, Mr. Cannon, and Mrs. 
  Jo Ann Davis of Virginia) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To waive, in fiscal year 2004, the numerical limitation applicable to a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(b) of the 
Immigration and Nationality Act, if the employer petitioning on behalf 
 of the nonimmigrant employed such a nonimmigrant in fiscal year 2003, 
                        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. WAIVER OF NUMERICAL LIMITATION FOR CERTAIN H2B 
              NONIMMIGRANTS.

    (a) In General.--Notwithstanding section 214(g)(1)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)), the numerical 
limitation contained in such section shall not apply, in fiscal year 
2004, to an alien for whom an employer described in subsection (b) 
files a petition described in section 214(c)(1) of such Act (8 U.S.C. 
1184(c)(1)).
    (b) Employers Described.--An employer described in this subsection 
is an employer who lawfully employed, in fiscal year 2003, a 
nonimmigrant described in section 101(a)(15)(H)(ii)(b) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)).
    (c) Limitation.--Subsection (a) shall cease to apply to an alien 
when the number of petitions under section 214(c)(1) of such Act 
approved in fiscal year 2004 for the employer petitioning for such 
alien, with respect to the importation of aliens as nonimmigrants under 
section 101(a)(15)(H)(ii)(b) of such Act, exceeds the number of such 
nonimmigrants lawfully employed by the employer in fiscal year 2003.
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