Home > 106th Congressional Public Laws > Pub.L. 106-314 To improve the administrative efficiency and effectiveness of the Nation's abuse and neglect courts and for other purposes consistent with the Adoption and Safe Families Act of 1997. <> ...

Pub.L. 106-314 To improve the administrative efficiency and effectiveness of the Nation's abuse and neglect courts and for other purposes consistent with the Adoption and Safe Families Act of 1997. <> ...


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[[Page 114 STAT. 1251]]

Public Law 106-313
106th Congress

                                 An Act


 
   To amend the Immigration and Nationality Act with respect to H-1B 
       nonimmigrant aliens. <<NOTE: Oct. 17, 2000 -  [S. 2045]>> 

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

 TITLE <<NOTE: American Competitiveness in the Twenty-first Century Act 
of 2000.>> I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

SEC. 101. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.

    This title may be cited as the ``American Competitiveness in the 
Twenty-first Century Act of 2000''.

SEC. 102. TEMPORARY INCREASE IN VISA ALLOTMENTS.

    (a) Fiscal Years 2001-2003.--Section 214(g)(1)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
            (1) by redesignating clause (v) as clause (vii); and
            (2) by striking clause (iv) and inserting the following:
                          ``(iv) 195,000 in fiscal year 2001;
                          ``(v) 195,000 in fiscal year 2002;
                          ``(vi) 195,000 in fiscal year 2003; and''.

    (b) Additional <<NOTE: 8 USC 1184 note.>> Visas for Fiscal Years 
1999 and 2000.--
            (1) In general.--(A) Notwithstanding section 
        214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 
        U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be 
        issued visas or otherwise provided nonimmigrant status under 
        section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is 
        increased by a number equal to the number of aliens who are 
        issued such a visa or provided such status during the period 
        beginning on the date on which the limitation in such section 
        214(g)(1)(A)(ii) is reached and ending on September 30, 1999.
            (B) In the case of any alien on behalf of whom a petition 
        for status under section 101(a)(15)(H)(i)(b) is filed before 
        September 1, 2000, and is subsequently approved, that alien 
        shall be counted toward the numerical ceiling for fiscal year 
        2000 notwithstanding the date of the approval of the petition. 
        Notwithstanding section 214(g)(1)(A)(iii) of the Immigration and 
        Nationality Act, the total number of aliens who may be issued 
        visas or otherwise provided nonimmigrant status under section 
        101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased 
        by a number equal to the number of aliens who may be issued 
        visas or otherwise provided nonimmigrant status who filed

[[Page 114 STAT. 1252]]

        a petition during the period beginning on the date on which the 
        limitation in such section 214(g)(1)(A)(iii) is reached and 
        ending on August 31, 2000.
            (2) Effective date.--Paragraph (1) shall take effect as if 
        included in the enactment of section 411 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).
SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND 
                        GRADUATE DEGREE RECIPIENTS; COUNTING 
                        RULES.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following new paragraphs:
    ``(5) The numerical limitations 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 is employed (or has 
received an offer of employment) at--
            ``(A) an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a))), or a related or affiliated nonprofit entity; or
            ``(B) a nonprofit research organization or a governmental 
        research organization.

    ``(6) Any alien who ceases to be employed by an employer described 
in paragraph (5)(A) shall, if employed as a nonimmigrant alien described 
in section 101(a)(15)(H)(i)(b), who has not previously been counted 
toward the numerical limitations contained in paragraph (1)(A), be 
counted toward those limitations the first time the alien is employed by 
an employer other than one described in paragraph (5).
    ``(7) Any alien who has already been counted, within the 6 years 
prior to the approval of a petition described in subsection (c), toward 
the numerical limitations of paragraph (1)(A) shall not again be counted 
toward those limitations unless the alien would be eligible for a full 6 
years of authorized admission at the time the petition is filed. Where 
multiple petitions are approved for 1 alien, that alien shall be counted 
only once.''.
SEC. 104. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO 
                        EMPLOYMENT-BASED IMMIGRANTS.

    (a) Special Rules.--Section 202(a) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)) is amended by adding at the end the 
following new paragraph:
            ``(5) Rules for employment-based immigrants.--
                    ``(A) Employment-based immigrants not subject to per 
                country limitation if additional visas available.--If 
                the total number of visas available under paragraph (1), 
                (2), (3), (4), or (5) of section 203(b) for a calendar 
                quarter exceeds the number of qualified immigrants who 
                may otherwise be issued such visas, the visas made 
                available under that paragraph shall be issued without 
                regard to the numerical limitation under paragraph (2) 
                of this subsection during the remainder of the calendar 
                quarter.
                    ``(B) Limiting fall across for certain countries 
                subject to subsection (e).--In the case of a foreign 
                state or dependent area to which subsection (e) applies, 
                if the total number of visas issued under section 203(b) 
                exceeds

[[Page 114 STAT. 1253]]

                the maximum number of visas that may be made available 
                to immigrants of the state or area under section 203(b) 
                consistent with subsection (e) (determined without 
                regard to this paragraph), in applying subsection (e) 
                all visas shall be deemed to have been required for the 
                classes of aliens specified in section 203(b).''.

    (b) Conforming Amendments.--
            (1) Section 202(a)(2) of the Immigration and Nationality Act 
        (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs (3) 
        and (4)'' and inserting ``paragraphs (3), (4), and (5)''.
            (2) Section 202(e)(3) of the Immigration and Nationality Act 
        (8 U.S.C. 1152(e)(3)) is amended by striking ``the proportion of 
        the visa numbers'' and inserting ``except as provided in 
        subsection (a)(5), the proportion of the visa numbers''.

    (c) One-Time <<NOTE: 8 USC 1184 note.>> Protection Under Per Country 
Ceiling.--Notwithstanding section 214(g)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(4)), any alien who--
            (1) is the beneficiary of a petition filed under section 
        204(a) of that Act for a preference status under paragraph (1), 
        (2), or (3) of section 203(b) of that Act; and
            (2) is eligible to be granted that status but for 
        application of the per country limitations applicable to 
        immigrants under those paragraphs,

may apply for, and the Attorney General may grant, an extension of such 
nonimmigrant status until the alien's application for adjustment of 
status has been processed and a decision made thereon.

SEC. 105. INCREASED PORTABILITY OF H-1B STATUS.

    (a) In General.--Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended by adding at the end the following new 
subsection:
    ``(m)(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 (a). Employment 
authorization shall continue for such alien until the new petition is 
adjudicated. If the new petition is denied, such authorization shall 
cease.
    ``(2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
            ``(A) who has been lawfully admitted into the United States;
            ``(B) on whose behalf an employer has filed a nonfrivolous 
        petition for new employment before the date of expiration of the 
        period of stay authorized by the Attorney General; and
            ``(C) who, subsequent to such lawful admission, has not been 
        employed without authorization in the United States before the 
        filing of such petition.''.

    (b) Effective <<NOTE: 8 USC 1184 note.>> Date.--The amendment made 
by subsection (a) shall apply to petitions filed before, on, or after 
the date of enactment of this Act.
SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.

    (a) Exemption <<NOTE: 8 USC 1184 note.>> From Limitation.--The 
limitation contained in section 214(g)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(4)) with respect to the duration of 
authorized stay shall not apply to any nonimmigrant alien previously 
issued a

[[Page 114 STAT. 1254]]

visa or otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(b) of that Act on whose behalf a petition under section 
204(b) of that Act to accord the alien immigrant status under section 
203(b) of that Act, or an application for adjustment of status under 
section 245 of that Act to accord the alien status under such section 
203(b), has been filed, if 365 days or more have elapsed since--
            (1) the filing of a labor certification application on the 
        alien's behalf (if such certification is required for the alien 
        to obtain status under such section 203(b)); or
            (2) the filing of the petition under such section 204(b).

    (b) Extension of H-1B Worker Status.--The Attorney General shall 
extend the stay of an alien who qualifies for an exemption under 
subsection (a) in one-year increments until such time as a final 
decision is made on the alien's lawful permanent residence.
    (c) Increased Job Flexibility for Long Delayed Applicants for 
Adjustment of Status.--(1) Section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the 
following new subsection:
    ``(j) Job Flexibility for Long Delayed Applicants for Adjustment of 
Status to Permanent Residence.--A petition under subsection (a)(1)(D) 
for an individual whose application for adjustment of status pursuant to 
section 245 has been filed and remained unadjudicated for 180 days or 
more shall remain valid with respect to a new job if the individual 
changes jobs or employers if the new job is in the same or a similar 
occupational classification as the job for which the petition was 
filed.''.
    (2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following new 
clause:
                          ``(iv) Long delayed adjustment applicants.--A 
                      certification made under clause (i) with respect 
                      to an individual whose petition is covered by 
                      section 204(j) shall remain valid with respect to 
                      a new job accepted by the individual after the 
                      individual changes jobs or employers if the new 
                      job is in the same or a similar occupational 
                      classification as the job for which the 
                      certification was issued.''.

    (d) Recapture <<NOTE: 8 USC 1153 note.>> of Unused Employment-Based 
Immigrant Visas.--
            (1) In general.--Notwithstanding any other provision of law, 
        the number of employment-based visas (as defined in paragraph 
        (3)) made available for a fiscal year (beginning with fiscal 
        year 2001) shall be increased by the number described in 
        paragraph (2). Visas made available under this subsection shall 
        only be available in a fiscal year to employment-based 
        immigrants under paragraph (1), (2), or (3) of section 203(b) of 
        the Immigration and Nationality Act.
            (2) Number available.--
                    (A) In general.--Subject to subparagraph (B), the 
                number described in this paragraph is the difference 
                between the number of employment-based visas that were 
                made available in fiscal years 1999 and 2000 and the 
                number of such visas that were actually used in such 
                fiscal years.
                    (B) Reduction.--The number described in subparagraph 
                (A) shall be reduced, for each fiscal year after fiscal

[[Page 114 STAT. 1255]]

                year 2001, by the cumulative number of immigrant visas 
                actually used under paragraph (1) for previous fiscal 
                years.
                    (C) Construction.--Nothing in this paragraph shall 
                be construed as affecting the application of section 
                201(c)(3)(C) of the Immigration and Nationality Act (8 
                U.S.C. 1151(c)(3)(C)).
            (3) Employment-based visas defined.--For purposes of this 
        subsection, the term ``employment-based visa'' means an 
        immigrant visa which is issued pursuant to the numerical 
        limitation under section 203(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(b)).
SEC. 107. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES 
                        THROUGH FISCAL YEAR 2002.

    (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 ``October 1, 2001'' and inserting ``October 1, 2003''.
    (b) Department <<NOTE: 8 USC 1182 note.>> of Labor Investigative 
Authorities.--Section 413(e)(2) of the American Competitiveness and 
Workforce Improvement Act of 1998 (as contained in title IV of division 
C of Public Law 105-277) is amended by striking ``September 30, 2001'' 
and inserting ``September 30, 2003''.

SEC. 108. RECOVERY OF VISAS USED FRAUDULENTLY.

    Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 
1184 (g)(3)) is amended to read as follows:
    ``(3) Aliens who are subject to the numerical limitations of 
paragraph (1) shall be issued visas (or otherwise provided nonimmigrant 
status) in the order in which petitions are filed for such visas or 
status. If an alien who was issued a visa or otherwise provided 
nonimmigrant status and counted against the numerical limitations of 
paragraph (1) is found to have been issued such visa or otherwise 
provided such status by fraud or willfully misrepresenting a material 
fact and such visa or nonimmigrant status is revoked, then one number 
shall be restored to the total number of aliens who may be issued visas 
or otherwise provided such status under the numerical limitations of 
paragraph (1) in the fiscal year in which the petition is revoked, 
regardless of the fiscal year in which the petition was approved.''.

SEC. 109. <<NOTE: 42 USC 1862 note.>> NSF STUDY AND REPORT ON THE 
            ``DIGITAL DIVIDE''.

    (a) Study.--The National Science Foundation shall conduct a study of 
the divergence in access to high technology (commonly referred to as the 
``digital divide'') in the United States.

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