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HR 4227 RH

Union Calendar No. 388

106th CONGRESS

2d Session

H. R. 4227

[Report No. 106-692]

To amend the Immigration and Nationality Act with respect to the number of aliens granted nonimmigrant status described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, to implement measures to prevent fraud and abuse in the granting of such status, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 11, 2000

Mr. SMITH of Texas (for himself, Mr. CAMPBELL, and Mr. GOODLATTE) introduced the following bill; which was referred to the Committee on the Judiciary

June 23, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on April 11, 2000]


A BILL

To amend the Immigration and Nationality Act with respect to the number of aliens granted nonimmigrant status described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, to implement measures to prevent fraud and abuse in the granting of such status, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Technology Worker Temporary Relief Act'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS; INCREASED PORTABILITY OF H-1B STATUS

Sec. 101. Temporary increase in access to H-1B nonimmigrants.

Sec. 102. Increased portability of H-1B status.

TITLE II--NEW REQUIREMENTS ON PETITIONING EMPLOYERS; PETITION FILING FEE REDUCTION FOR LOCAL EDUCATIONAL AGENCIES

Sec. 201. Minimum salary requirement.

Sec. 202. Submission of data on H-1B nonimmigrants after employment commencement.

Sec. 203. Fee to enable more efficient paperwork processing.

Sec. 204. Qualifications for physical therapists.

Sec. 205. Reduction of petition filing fee for local educational agencies.

Sec. 206. Effective date.

TITLE III--NONCOMPLIANCE PROVISIONS FOR H-1B NONIMMIGRANTS

Sec. 301. Requiring specialty occupation workers and fashion models to obtain status as an H-1B nonimmigrant.

Sec. 302. Requiring full-time employment.

Sec. 303. Requirements for specialty occupation.

Sec. 304. Noncompliance fee.

Sec. 305. Additional requirements on petitioning employers.

Sec. 306. Requiring filing of W-2 forms.

Sec. 307. Effective date.

TITLE IV--EXTENSION OF PROVISIONS FROM THE AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT OF 1998

Sec. 401. Protection of United States workers in case of H-1B dependent employers.

Sec. 402. Additional investigative authority.

Sec. 403. Requirement to issue regulations.

TITLE V--STUDIES AND REPORTS

Sec. 501. Studies and reports by Comptroller General.

TITLE I--NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS; INCREASED PORTABILITY OF H-1B STATUS

SEC. 101. TEMPORARY INCREASE IN ACCESS TO H-1B NONIMMIGRANTS.

(a) ELIMINATING NUMERICAL LIMITATION FOR FISCAL YEAR 2000; CONDITIONING INCREASES FOR FISCAL YEARS 2001 AND 2002- Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended to read as follows:

`(A) under section 101(a)(15)(H)(i)(b), may not exceed--

`(i) subject to paragraph (5), 107,500 in fiscal year 2001;

`(ii) subject to paragraph (5), 65,000 in fiscal year 2002; and

`(iii) 65,000 in each succeeding fiscal year; or'.

(b) CONDITIONS ON INCREASES- Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end following:

`(5)(A) The numerical limitations in clauses (i) and (ii) of paragraph (1)(A) shall not apply to an alien described in subparagraph (B).

`(B) An alien is described in this subparagraph if--

`(i) the alien, disregarding clauses (i) and (ii) of paragraph (1)(A), otherwise is eligible to be issued a visa or provided nonimmigrant status under section 101(a)(15)(H)(i)(b); and

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

`(C) In making the determination under subparagraph (B)(ii)--

`(i) any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as a single employer; and

`(ii) the Attorney General shall disregard workers who ceased employment with an employer by reason of the employer's having sold, or otherwise legally transferred for consideration, the assets of a division or other severable portion of the employer's business to another person before the end of the employer's previous tax year.'.

(c) EFFECTIVE DATES-

(1) ELIMINATING NUMERICAL LIMITATION FOR FISCAL YEAR 2000- The amendment made by subsection (a), to the extent that it eliminates the numerical limitation under section 214(g)(1)(A)(iii) of the Immigration and Nationality Act, as in effect on the day before the date of the enactment of this Act, shall take effect on the date of the enactment of this Act.

(2) CONDITIONING INCREASES FOR FISCAL YEARS 2001 AND 2002- In all other respects, the amendments made by this section shall take effect on October 1, 2000, without regard to whether or not proposed or final regulations to carry out such amendments have been promulgated.

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

(a) IN GENERAL- 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) A nonimmigrant alien described in subparagraph (B) who was issued a visa (or otherwise provided nonimmigrant status) under section 101(a)(15)(H)(i)(b) may change employers upon the filing by the prospective employer of a petition under paragraph (1) on behalf of the alien to obtain authorization for the change. Employment authorization shall continue for such alien until such petition is adjudicated. If the petition is denied, such employment authorization shall cease.

`(B) A nonimmigrant alien described in this subparagraph is a nonimmigrant alien--

`(i) who has been lawfully admitted into the United States;

`(ii) on whose behalf an employer has filed a nonfrivolous petition described in subparagraph (A) before the date of the expiration of the period of stay authorized by the Attorney General for the alien; and

`(iii) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.'.

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

TITLE II--NEW REQUIREMENTS ON PETITIONING EMPLOYERS; PETITION FILING FEE REDUCTION FOR LOCAL EDUCATIONAL AGENCIES

SEC. 201. MINIMUM SALARY REQUIREMENT.

(a) IN GENERAL- Section 212(n)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended--

(1) by striking `and' at the end of clause (i);

(2) by redesignating clause (ii) as clause (iii); and

(3) by inserting after clause (i) the following:

`(ii) is offering and will offer during the period of authorized employment to H-1B nonimmigrants wages that are at least equal to an annual salary of $40,000 (including cash bonuses and similar compensation), except if the employment in question is as a public or private elementary or secondary school teacher or if the employer is an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) or a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization; and'.

(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

`(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.'.

SEC. 202. SUBMISSION OF DATA ON H-1B NONIMMIGRANTS AFTER EMPLOYMENT COMMENCEMENT.

(a) IN GENERAL- Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the following:

`(H) The employer will electronically submit to the Secretary, not later than 30 days after the date on which an H-1B nonimmigrant commences employment with the employer, data in an electronic format containing information about the nonimmigrant, including the following:

`(i) The foreign state of which the nonimmigrant is a citizen or national.

`(ii) The academic degrees obtained by the nonimmigrant.

`(iii) The nonimmigrant's job title.

`(iv) The date on which employment commenced.

`(v) The nonimmigrant's salary or wage level.'.

(b) REQUIREMENT ON SECRETARY- Not later than 30 days after the receipt of data from an employer that is provided in accordance with section 212(n)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(H)), as inserted by subsection (a), the Secretary of Labor shall make such data available on the Internet.

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)), as amended by section 102, is further amended by adding at the end the following:

`(11)(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.

`(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)(11).

`(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 section 214(c)(1) 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 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).'.

SEC. 204. QUALIFICATIONS FOR PHYSICAL THERAPISTS.

(a) IN GENERAL- Section 214(i)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(i)(2)) is amended--

(1) by striking `(A)' and inserting `(i)';

(2) by striking `(B)' and inserting `(ii)';

(3) in subparagraph (C), by striking `(ii)' and inserting `(II)'

(4) by striking `(C)(i)' and inserting `(iii)(I)';

(5) by striking `(2)' and inserting `(2)(A)'; and

(6) by adding at the end the following:

`(B) In the case of a position in a specialty occupation that requires an alien to perform services as a physical therapist, the requirements of this paragraph also include a requirement that the alien have completed a degree recognized by body or bodies approved for the purpose by the Secretary

of Education as equivalent (or more than equivalent) to the education and training received by a person completing a master's degree from an accredited program of physical therapy in the United States.'.

(b) APPLICABILITY- The amendment made by subsection (a)(6) shall not apply to any alien who has full State licensure to practice in the occupation of physical therapist before the date of the enactment of this Act.

SEC. 205. REDUCTION OF PETITION FILING FEE FOR LOCAL EDUCATIONAL AGENCIES.

Section 214(c)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by striking `petition.' and inserting `petition, except that the amount of the fee shall be $100 for an employer that is a local educational agency (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)).'.

SEC. 206. EFFECTIVE DATE.

(a) IN GENERAL- Subject to section 204(b) and subsection (b), the amendments made by this title shall take effect on the date of the enactment of this Act and shall apply to petitions filed under section 214(c), and applications filed under section 212(n)(1), of the Immigration and Nationality Act on or after October 1, 2000.

(b) REQUIREMENTS FOR SPECIALTY OCCUPATION- The amendments made by paragraphs (1) through (5) of section 204(a) shall take effect on the date of the enactment of this Act and shall apply to petitions filed under section 214(c), and applications filed under section 212(n)(1), of the Immigration and Nationality Act on or after the earlier of--

(1) October 1, 2000; and

(2) the date on which final regulations are promulgated to carry out the amendments made by section 303.

TITLE III--NONCOMPLIANCE PROVISIONS FOR H-1B NONIMMIGRANTS

SEC. 301. REQUIRING SPECIALTY OCCUPATION WORKERS AND FASHION MODELS TO OBTAIN STATUS AS AN H-1B NONIMMIGRANT.

Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)), as amended by section 101 of this Act, is further amended by adding at the end the following:

`(6) Notwithstanding any other provision of this Act, any alien admitted or provided status as a nonimmigrant in order to provide services in a specialty occupation described in subsection (i)(1) (other than services described in subparagraph (H)(ii)(a), (O), or (P) of section 101(a)(15)) or as a fashion model shall have been issued a visa (or otherwise been provided nonimmigrant status) under section 101(a)(15)(H)(i)(b).'.

SEC. 302. REQUIRING FULL-TIME EMPLOYMENT.

(a) IN GENERAL- Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended by striking `or (P))' and inserting `or (P)), not less than 35 hours per week (except if the employer is an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965) or a related or affiliated nonprofit entity),'.

(b) CONFORMING AMENDMENTS- Section 212(n)(2)(C)(vii) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(vii))is amended--

(1) in subclause (I), by striking `a full-time' and inserting `an';

(2) by striking subclause (II);

(3) in subclause (III), by striking `subclauses (I) and (II)' and inserting `subclause (I)'; and

(4) by redesignating subclauses (III) through (VI) as subclauses (II) through (V), respectively.

SEC. 303. REQUIREMENTS FOR SPECIALTY OCCUPATION.

Section 214(i) of the Immigration and Nationality Act (8 U.S.C. 1184(i)), as amended by section 204 of this Act, is further amended--

(1) by amending paragraph (1)(B) to read as follows:

`(B) attainment of a bachelor's degree (or higher degree) in the specific specialty as a minimum for entry into the occupation in the United States.';

(2) by amending paragraph (2)(A)(iii) to read as follows:

`(iii)(I) completion of a bachelor's degree (or higher degree) that is not described in paragraph (1)(B), (II) experience in the specialty equivalent to the completion of the degree described in paragraph (1)(B) for the occupation, and (III) recognition of expertise in the specialty through progressively responsible positions relating to the specialty.'; and

(3) by adding at the end the following:

`(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).'.

SEC. 304. NONCOMPLIANCE FEE.

(a) IMPOSITION OF FEE- Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)), as amended by sections 102 and 203, is further amended by adding at the end the following:

`(12)(A) In addition to any other fees authorized by law, the Attorney General shall impose a noncompliance 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.

`(B) The amount of the fee shall be $100 for each such petition.

`(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(u).'.

(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES- Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), as amended by section 303 of this Act, is further is amended by adding at the end the following:

`(u) H-1B NONCOMPLIANCE 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 Noncompliance Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(12).

`(2) USE OF FEES TO COMBAT FRAUD-

`(A) ATTORNEY GENERAL-

`(i) PROGRAMS TO ELIMINATE FRAUD- 20 percent of amounts deposited into the H-1B Noncompliance Account shall remain available to the Attorney General until expended for programs and activities to eliminate fraud by employers filing petitions under section 214(c)(1) with respect to status under section 101(a)(15)(H)(i)(b) and aliens who are the beneficiaries of such petitions.

`(ii) REMOVAL OF ALIENS- 20 percent of amounts deposited into the H-1B Noncompliance Account shall remain available to the Attorney General until expended for the removal of H-1B nonimmigrants (as defined in section 212(n)(4)(C)) who are deportable under section 237(a)(1)(A) by reason of having been found to be within the class of aliens inadmissible under section 212(a)(6)(C).

`(B) SECRETARY OF STATE- 40 percent of amounts deposited into the H-1B Noncompliance Account shall remain available to the Secretary of State until expended for programs and activities to eliminate fraud by employers and aliens described in subparagraph (A).

`(C) JOINT PROGRAMS- 20 percent of amounts deposited into the H-1B Noncompliance Account shall remain available to the Attorney General and the Secretary of State until expended for programs and activities conducted by them jointly to eliminate fraud by employers and aliens described in subparagraph (A).'.

SEC. 305. ADDITIONAL REQUIREMENTS ON PETITIONING EMPLOYERS.

Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)), as amended by sections 102, 203, and 304 of this Act, is further amended by adding at the end the following:

`(13) The Attorney General may not approve any petition under paragraph (1) filed by an employer with respect to an alien seeking to obtain or having the status of a nonimmigrant under section 101(a)(15)(H)(i)(b) unless the employer satisfies the following requirements:

`(A) The employer--

`(i) is an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965), or a governmental or nonprofit entity; or

`(ii) maintains a place of business in the United States that is licensed in accordance with any applicable State or local business licensing requirements and is used exclusively for business purposes.

`(B) The employer--

`(i) is a governmental entity;

`(ii) has aggregate gross assets with a value of not less than $250,000--

`(I) in the case of an employer that is a publicly held corporation, as determined using its most recent report filed with the Securities and Exchange Commission; or

`(II) in the case of any other employer, as determined as of the date on which the petition is filed pursuant to regulations promulgated by the Attorney General; or

`(iii) provides documentation of business activity pursuant to regulations promulgated by the Attorney General.'.

SEC. 306. REQUIRING FILING OF W-2 FORMS.

(a) IN GENERAL- Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by section 202 of this Act, is further amended by inserting after subparagraph (H) the following:

`(I) The employer will, with respect to each employee who is an H-1B nonimmigrant, annually submit to the Secretary of Labor a copy of the most recent statement under section 6051 of the Internal Revenue Code of 1986. Such submission may be made by electronic means.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to applications filed under section 212(n)(1) of the Immigration and Nationality Act on or after October 1, 2000, but only with respect to statements made under section 6051 of the Internal Revenue Code of 1986 on or after January 1, 2001.

SEC. 307. EFFECTIVE DATE.

Except for the amendment made by section 306, the amendments made by this title shall take effect on the date of the enactment of this Act and shall apply to petitions filed under section 214(c), and applications filed under section 212(n)(1), of the Immigration and Nationality Act on or after the date on which final regulations are promulgated to carry out such amendments.

TITLE IV--EXTENSION OF PROVISIONS FROM THE AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT OF 1998

SEC. 401. PROTECTION OF UNITED STATES WORKERS IN CASE OF H-1B DEPENDENT EMPLOYERS.

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 `2001,' and inserting `2002,'.

SEC. 402. ADDITIONAL INVESTIGATIVE AUTHORITY.

Section 413(e)(2) 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) is amended by striking `2001.' and inserting `2002.'.

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 COMPTROLLER GENERAL.

(a) RECRUITMENT OF UNDERREPRESENTED GROUPS-

(1) IN GENERAL- The Comptroller General of the United States shall conduct a study on the measures taken, by employers who have filed an application under section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), 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--

(i) institutions of higher education with substantial numbers of students who are a member of an underrepresented group;

(ii) historically black colleges and universities;

(iii) community colleges; and

(iv) vocational and technical colleges; and

(B) advertise in publications reaching members of an underrepresented group.

(2) RECOMMENDATIONS- If the Comptroller General of the United States determines, based on the study under paragraph (1), 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 Comptroller General shall include such recommendations in the report submitted under paragraph (3).

(3) REPORT- Not later than December 31, 2000, the Comptroller General of the United States 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 Comptroller General of the United States shall conduct a study on the measures taken, by employers who have filed an application under section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), continually to 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 Comptroller General of the United States 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).

(c) 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 the United States House of Representatives and of the Senate a report containing the results of the study under paragraph (1).

Union Calendar No. 388

106th CONGRESS

2d Session

H. R. 4227

[Report No. 106-692]

A BILL

To amend the Immigration and Nationality Act with respect to the number of aliens granted nonimmigrant status described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, to implement measures to prevent fraud and abuse in the granting of such status, and for other purposes.


June 23, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

END

 

 


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