110 HR 5726 IH: To amend the Immigration and Nationality Act to require U.S. House of Representatives 2008-04-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5726 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.

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.