Amendment offered by Rep. Lamar Smith (R-TX).
House Judiciary Committee markup of HR 2447.
Re: H1B visas.
Date: May 9, 2000.
Source: House Judiciary Committee.

Editor's Notes:
 • This page was created by scanning a paper copy, and converting to HTML.
 • This amendment was adopted by a roll call vote of 24 to 7.
 • See also, HR 2447 IH.
 • See also, TLJ summary of bills pertaining to visas for high tech workers.
 • See also, TLJ story, May 9, 2000.
 • Copyright Tech Law Journal. All rights reserved.

AMENDMENT OFFERED BY MR. SMITH OF TEXAS,
MS. JACKSON-LEE OF TEXAS,
AND MR. GOODLATTE
TO THE AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Page & line nos. refer to Amendment in the Nature of a Substitute to H.R. 4227, As Reported by the Subcommittee on Immigration and Claims)

Page 2, line 3, add at the end "; INCREASED PORTABILITY OF H-1B STATUS''.

Page 3, beginning on line 3, strike "(B) after'' and all that follows through the end of line 8 and insert "(B).''.

Beginning on page 3, strike lines 14 through page 4, line 7, and insert the following:

"(ii) the employer petitioning under subsection (c)(1) with respect to the alien demonstrates in the petition that, as of the last day of the employer's previous tax year, there was a net increase (as compared with the prior tax year) in the median of the wages (including cash bonuses and similar compensation) paid to full-time equivalent United States workers (as defined in section 212 (n)(4)(E)) on the employer's payroll.

[begin page 2]

Page 4, line 8, strike ''determinations'' and insert ''determination''.

Beginning on page 5, strike line 11 through page 7, line 4, and insert the following (and amend the table of contents accordingly):

SEC. 102. INCREASED PORTABILITY OF H-1B STATUS.

(a) IN GENERAL.---Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended---

(1) by redesignating the subsection (1) added by section 625(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-1820) as subsection (m); and

(2) by adding at the end the following:

"(n)(1) A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (c). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, employment authorization shall cease.

''(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien---

[begin page 3]

"(A) who has been lawfully admitted into the United States;

"(B) on whose behalf an employer has filed a nonfrivolous application for new employment or extension of status before the date of expiration of the period of stay authorized by the Attorney General; and

"(C) who has not been employed without authorization in the United States before or during the pendency of such petition for new employment.''.

(b) EFFECTIVE DATE.---The amendment made by subsection (a) shall apply to petitions filed before, on, or after the date of enactment of this Act.

Page 7, line 8, insert "(a) IN GENERAL.---" before ''Section''.

Page 7, after line 24, insert the following:

(b) INFLATION ADJUSTMENT.---Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended by adding at the end the following:

"(6) For purposes of paragraph (1)(A)(ii), in the case of any fiscal year beginning in a calendar year after 2000, the dollar amount contained in such paragraph shall be increased by an amount equal to---

"(A) the dollar amount; multiplied by

[begin page 4]

"(B) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which the fiscal year begins by substituting 'calendar year 1999' for calendar year 1992' in subparagraph (B) of such section. ''.

Page 8, strike line 13 (and redesignate provisions accordingly).

Beginning on page 9, strike line 4 through page 10, line 2, and insert the following (and redesignate and conform provisions and the table of contents accordingly)

SEC. 203. FEE TO ENABLE MORE EFFICIENT PAPERWORK PROCESSING.

(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:

''(10)(A) In addition to any other fees authorized by law, the Attorney General shall impose a processing fee on an employer filing a petition under paragraph (1)---

"(i) initially to grant an alien nonimmigrant status described in section 101(a)(15)(H)(i)(b); or

"(ii) to obtain authorization for an alien having such status to change employers.

[begin page 5]

"(B) The amount of the fee shall be $200 for each such petition.

"(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(t).''.

(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'.

"(t) H-1B PROCESSING FEE 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 Processing Fee Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(10).

''(2) USE OF FEES.---50 percent of the amounts deposited into the H-1B Processing Fee Account shall remain available to the Attorney General until expended to carry out duties under paragraphs (1) and (9) of section 214(c) related to petitions made for nonimmigrants described in section 101(a)(15)(H)(i)(b) and to decrease the processing time for such petitions. 50 percent of the amounts [begin page 6] deposited into the account shall remain available to the Secretary of Labor until expended for decreasing the processing time for applications under section 212(n)(1) and for carrying out section 212(n)(2).''.

Page 11, line 3, strike ''ANTI-FRAUD'' and insert ''NONCOMPLIANCE" (and amend the table of contents accordingly).

Beginning on page 13, strike line 11 through page 14, line 20, and insert the following (and redesignate and conform provisions accordingly):

''(3) For purposes of this subsection, the term 'bachelor's degree (or higher degree)' includes a foreign degree that is a recognized foreign equivalent of a bachelor's degree (or higher degree).''.

Page 14, line 21, strike "ANTI-FRAUD'' and insert ''NONCOMPLIANCE" (and amend the table of contents accordingly).

Page 15, line 2, strike "anti-fraud'' and insert ''noncompliance".

Page 15, line 17, strike ''ANTI-FRAUD'' and insert ''NONCOMPLIANCE''.

Page 15, line 20, strike "Anti-Fraud'' and insert ''Noncompliance''.

[begin page 7]

Page 16, line 4, strike ''Anti-Fraud'' and insert ''Noncompliance''.

Page 16, line 13, strike ''Anti-Fraud'' and insert ''Noncompliance''.

Page 16, line 22, strike ''Anti-Fraud'' and insert ''Noncompliance''.

Page 17, line 4, strike ''Anti-Fraud'' and insert ''Noncompliance''.

Page 20, after line 18, insert the following (and amend the table of contents accordingly):

SEC. 403. REQUIREMENT TO ISSUE REGULATIONS.

The Secretary of Labor shall promulgate final regulations fully implementing all provisions of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277). Such regulations shall take effect on or before September 1, 2000.

TITLE V--STUDIES AND REPORTS

SEC. 501. STUDIES AND REPORTS BY NATIONAL SCIENCE FOUNDATION.

(a) RECRUITMENT OF UNDERREPRESENTED GROUPS.

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(1) IN GENERAL.---The Director of the National Science Foundation shall conduct a study on the measures that employers filing an application under section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) have taken to recruit, for the employment for which H-1B nonimmigrants are sought by the application, qualified United States workers who are a member of an underrepresented group. The study shall include an examination of the extent to which these employers---

(A) recruit at institutions of higher education with substantial numbers of students who are a member of an underrepresented group and at historically black colleges and universities, community colleges, and vocational and technical colleges; and

(B) advertise in publications reaching members of underrepresented groups.

(2) RECOMMENDATIONS.---If the Director of the National Science Foundation determines, based on the study, that modifications to the provisions of the Immigration and Nationality Act relating to H-1B nonimmigrants are appropriate in order to increase recruitment by employers described in paragraph (1) of members of an underrepresented group, the [begin page 9] Director shall include such recommendations in the report submitted under paragraph (3).

(3) REPORT.---Not later than December 31, 2000, the Director of the National Science Foundation shall submit to the Committees on the Judiciary of the United States House of Representatives and of the Senate a report containing the results of the study under paragraph (1).

(4) DEFINITIONS.---For purposes of this subsection:

(A) The term ''member of an underrepresented group'' includes United States workers who are African American, Hispanic, female, or an individual with a disability.

(B) The terms "H-1B nonimmigrant'' and "United States worker" have the meaning given such terms in section 212(n)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(4)).

(b) TRAINING INCUMBENT WORKERS.---

(1) IN GENERAL.---The Director of the National Science Foundation shall conduct a study on the measures that employers filing an application under section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) have taken continually to [begin page 10] train and update the existing skills of incumbent employees, and to promote such employees where possible.

(2) REPORT.---Not later than December 31, 2000, the Director of the National Science Foundation shall submit to the Committees on the Judiciary of the United States House of Representatives and of the Senate a report containing the results of the study under paragraph (1).

SEC. 502. STUDY AND REPORT BY GAO.

(a) COMPLIANCE WITH PROVISIONS DESIGNED TO ENSURE ACCURATE COUNT OF H-1B NONIMMIGRANTS.

(1) IN GENERAL.---The Comptroller General of the United States shall conduct a study to determine the degree of compliance by the Attorney General with the requirements of section 416 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277).

(2) REPORT.---Not later than December 31, 2000, the Comptroller General of the United States shall submit to the Committees on the Judiciary of [begin page 11] the United States House of Representatives and of the Senate a report containing the results of the study under paragraph (1).