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Calendar No. 490
106th CONGRESS
2d Session
S. 2045
[Report No. 106-260]
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
_______________________________________________________________________
April 11, 2000
Reported with an amendment and an amendment to the title
Calendar No. 490
106th CONGRESS
2d Session
S. 2045
[Report No. 106-260]
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2000
Mr. Hatch (for himself, Mr. Abraham, Mr. Gramm, Mr. Graham, Mr.
Lieberman, Mrs. Feinstein, Mr. Lott, Mr. Nickles, Mr. Mack, Mr.
Specter, Mr. DeWine, Mr. Ashcroft, Mr. McConnell, Mr. Gorton, Mr.
Hagel, Mr. Bennett, Mr. Grams, Mr. Brownback, Mr. Smith of Oregon, and
Mr. Warner) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
April 11, 2000
Reported by Mr. Hatch, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``American Competitiveness in
the Twenty-first Century Act of 2000''.</DELETED>
<DELETED>SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.</DELETED>
<DELETED> In addition to the number of aliens who may be issued
visas or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) (8 U.S.C. 1101 (a)(15)(H)(i)(b)), the following
number of aliens may be issued such visas or otherwise provided such
status for each of the following fiscal years:</DELETED>
<DELETED> (1) 80,000 for fiscal year 2000;</DELETED>
<DELETED> (2) 87,500 for fiscal year 2001; and</DELETED>
<DELETED> (3) 130,000 for fiscal year 2002.</DELETED>
<DELETED>SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES,
AND GRADUATE DEGREE RECIPIENTS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(5) The numerical limitations contained in paragraph
(1)(A)(iii) shall not apply to any nonimmigrant alien issued a visa or
otherwise provided status under section 101(a)(15)(H)(i)(b)--</DELETED>
<DELETED> ``(A) who is employed (or has received an offer of
employment) at--</DELETED>
<DELETED> ``(i) 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</DELETED>
<DELETED> ``(ii) a nonprofit research organization
or a governmental research organization; or</DELETED>
<DELETED> ``(B) for whom a petition is filed not more than
90 days before or not more than 180 days after the nonimmigrant
has attained a master's degree 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))).''.</DELETED>
<DELETED> ``(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), be counted toward the
numerical limitations contained in paragraph (1)(A)(iii) the first time
the alien is employed by an employer other than one described in
paragraph (5)(A).''.</DELETED>
<DELETED>SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO
EMPLOYMENT-BASED IMMIGRANTS.</DELETED>
<DELETED> (a) Special Rules.--Section 202(a) (8 U.S.C. 1152(a)) is
amended by adding at the end the following new paragraph:</DELETED>
<DELETED> ``(5) Rules for employment-based immigrants.--
</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 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).''.</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is
amended by striking ``paragraphs (3) and (4)'' and inserting
``paragraphs (3), (4), and (5)''.</DELETED>
<DELETED> (2) Section 202(e)(3) (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''.</DELETED>
<DELETED> (c) One-Time Protection Under Per Country Ceiling.--
Notwithstanding section 214(g)(4) of the Immigration and Nationality
Act, any alien who--</DELETED>
<DELETED> (1) is the beneficiary of a petition filed under
section 204(a) for a preference status under paragraph (1),
(2), or (3) of section 203(b); and</DELETED>
<DELETED> (2) would be subject to the per country
limitations applicable to immigrants under those paragraphs but
for this subsection,</DELETED>
<DELETED>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.</DELETED>
<DELETED>SEC. 5. INCREASED PORTABILITY OF H-1B STATUS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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, employment
authorization shall cease.</DELETED>
<DELETED> ``(2) A nonimmigrant alien described in this paragraph is
a nonimmigrant alien--</DELETED>
<DELETED> ``(A) who has been lawfully admitted into the
United States;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) who has not been employed without
authorization in the United States before or during the
pendency of such petition for new employment.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. EXTENSION OF AUTHORIZED STAY IN CASES OF LENGTHY
ADJUDICATIONS.</DELETED>
<DELETED> (a) Exemption From Limitation.--The limitation contained
in section 214(g)(4) of the Immigration and Nationality Act with
respect to the duration of authorized stay shall not apply to any
nonimmigrant alien previously issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act on whose behalf a petition under
section 204(b) to accord the alien immigrant status under section
203(b), or an application for adjustment of status under section 245 to
accord the alien status under section 203(b), has been filed, if 365
days or more have elapsed since the filing of a labor certification
application on the alien's behalf, if required for the alien to obtain
status under section 203(b), or the filing of the petition under
section 204(b).</DELETED>
<DELETED> (b) Extension of H1-B 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.</DELETED>
<DELETED>SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES
THROUGH FISCAL YEAR 2002.</DELETED>
<DELETED> (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,
2002''.</DELETED>
<DELETED> (b) Fee Requirements.--Section 212(c)(9)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(c)(9)(A)) is amended in
the text above clause (i) by striking ``October 1, 2001'' and inserting
``October 1, 2002''.</DELETED>
<DELETED> (c) Department 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, 2002''.</DELETED>
<DELETED>SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.</DELETED>
<DELETED> Section 214(g)(3) of the Immigration and Nationality Act
(8 U.S.C. 1184 (g)(3)) is amended to read as follows:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL
DIVIDE''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Report.--Not later than 18 months after the date of
enactment of this Act, the Director of the National Science Foundation
shall submit a report to Congress setting forth the findings of the
study conducted under subsection (a).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Competitiveness in the
Twenty-first Century Act of 2000''.
SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.
In addition to the number of aliens who may be issued visas or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101 (a)(15)(H)(i)(b)), the following number of aliens may be issued
such visas or otherwise provided such status for each of the following
fiscal years:
(1) 80,000 for fiscal year 2000;
(2) 87,500 for fiscal year 2001; and
(3) 130,000 for fiscal year 2002.
SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND
GRADUATE DEGREE RECIPIENTS.
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)--
``(A) who is employed (or has received an offer of
employment) at--
``(i) 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
``(ii) a nonprofit research organization or a
governmental research organization; or
``(B) for whom a petition is filed not more than 90 days
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