Short title

This Act may be cited as the

&short-title1;

Exempting aliens earning master’s or higher degree in United States from numerical limitations on h–1b nonimmigrants

Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:

(9)For any fiscal year, the applicable numerical limitation contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b) who has earned a master’s 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))), until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.

Making permanent certain requirements and authorities with respect to h–1b nonimmigrants

(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 subparagraph, and before October 1, 2003, and inserting subparagraph. (b)

Fee

Section 214(c)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking before October 1, 2003. (c)

Department of labor investigative authorities

Section 413(e)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (8 U.S.C. 1182 note) is repealed. (d)

Effective dates

(1)

Attestation requirements

The amendment made by subsection (a) shall apply to applications under section 212(n)(1) of the Immigration and Nationality Act filed on or after the date that is 30 days after the date of the enactment of this Act. (2)

Fee

The amendment made by subsection (b) shall apply to petitions under section 214(c) of the Immigration and Nationality Act filed on or after the date that is 30 days after the date of the enactment of this Act. (3)

Department of labor investigative authority

The amendment made by subsection (c) shall take effect on the date of the enactment of this Act.

Fraud prevention and detection 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:

(12) (A)In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition under paragraph (1)— (i)initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15); or (ii)to obtain authorization for an alien having such status to change employers. (B)In addition to any other fees authorized by law, the Secretary of State shall impose a fraud prevention and detection fee on an alien filing an application abroad for a visa authorizing admission to the United States as a nonimmigrant described in section 101(a)(15)(L), if the alien is covered under a blanket petition described in paragraph (2)(A). (C)The amount of the fee imposed under subparagraph (A) or (B) shall be $500. (D)The fee imposed under subparagraph (A) or (B) shall only apply to principal aliens and not to the spouses or children who are accompanying or following to join such principal aliens. (E)Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(v).

(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:

(v)

H–1B and L Fraud Prevention and Detection 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 and L Fraud Prevention and Detection Account. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(12). (2)

Use of fees to combat fraud

(A)

Secretary of State

One-third of the amounts deposited into the H–1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of State until expended for programs and activities at United States embassies and consulates abroad— (i)to increase the number diplomatic security personnel assigned exclusively to the function of preventing and detecting fraud by applicants for visas described in subparagraph (H)(i) or (L) of section 101(a)(15); (ii)otherwise to prevent and detect such fraud pursuant to the terms of a memorandum of understanding or other cooperative agreement between the Secretary of State and the Secretary of Homeland Security; and (iii)upon request by the Secretary of Homeland Security, to assist such Secretary in carrying out the fraud prevention and detection programs and activities described in subparagraph (B). (B)

Secretary of Homeland Security

One-third of the amounts deposited into the H–1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of Homeland Security until expended for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 214(c) to grant an alien nonimmigrant status described in subparagraph (H)(i) or (L) of section 101(a)(15). (C)

Secretary of Labor

One-third of the amounts deposited into the H–1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of Labor until expended for enforcement programs and activities described in section 212(n). (D)

Consultation

The Secretary of State, the Secretary of Homeland Security, and the Secretary of Labor shall consult one another with respect to the use of the funds in the H–1B and L Fraud Prevention and Detection Account.

(c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act, and the fees imposed under such amendments shall apply to petitions under section 214(c) of the Immigration and Nationality Act, and applications for nonimmigrant visas under section 222 of such Act, filed on or after the date that is 90 days after the date of the enactment of this Act.

Ensuring integrity of visas for intracompany transferees

(a)

Nonimmigrant l–1 visa category

(1)

In general

Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following:

(F)An alien who will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section 101(a)(15)(L) and will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent shall not be eligible for classification under section 101(a)(15)(L) if— (i)the alien will be controlled and supervised principally by such unaffiliated employer; or (ii)the placement of the alien at the worksite of the unaffiliated employer is part of an arrangement merely to provide labor for the unaffiliated employer rather than in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary.

(2)

Applicability

The amendment made by paragraph (1) shall apply to petitions filed on or after the effective date of this section, whether for initial, extended, or amended classification. (b)

Requirement for prior continuous employment for certain intracompany transferees

(1)

In general

Section 214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking the last sentence (relating to reduction of the 1-year period of continuous employment abroad to 6 months). (2)

Applicability

The amendment made by paragraph (1) shall apply only to petitions for initial classification filed on or after the effective date of this section. (c)

Maintenance of statistics

(1)

In general

The Secretary of Homeland Security shall maintain statistics regarding petitions filed, approved, extended, and amended with respect to nonimmigrants described in section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including the number of such nonimmigrants who are classified on the basis of specialized knowledge and the number of nonimmigrants who are classified on the basis of specialized knowledge in order to work primarily at offsite locations. (2)

Applicability

Paragraph (1) shall apply to petitions filed on or after the effective date of this section. (d)

Effective date

This section and the amendments made by this section shall take effect 180 days after the date of the enactment of this Act.