[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5726 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5726

  To amend the Immigration and Nationality Act to require prospective 
   employers of H-1B nonimmigrants to participate in an educational, 
       training, or mentorship program for United States workers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 8, 2008

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

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to require prospective 
   employers of H-1B nonimmigrants to participate in an educational, 
       training, or mentorship program for United States workers.

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

SECTION 1. H-1B VISA APPLICATIONS AND CERTIFICATIONS.

    (a) Programs To Train United States Workers.--Section 212(n)(1) of 
the Immigration and Nationality Act is amended by inserting after 
subparagraph (G) the following:
            ``(H)(i) The employer is directly participating in, or will 
        be directly participating in, an educational, training, or 
        mentoring program to train United States workers in the local 
        community in science, math, engineering, or technology related 
        to the position for which an H-1B nonimmigrant is sought.
            ``(ii) The involvement of the employer in a program 
        described in clause (i) shall be commensurate with the size of 
        the employer and the total number of H-1B nonimmigrants already 
        employed by the employer at the time the employment of a new H-
        1B nonimmigrant is sought.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect, and apply to an employer who is seeking to employ a 
nonimmigrant described in section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), on and 
after the first day of the first fiscal year that begins after the date 
on which the numerical limitation in section 214(g)(1)(A) of such Act 
(8 U.S.C. 1184(g)(1)(A)) for such fiscal year is increased above 
65,000.
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