ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

HR 2984 IH

107th CONGRESS

1st Session

H. R. 2984

To amend the Immigration and Nationality Act to ensure that aliens provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act are counted, for purposes of determining whether the numerical limitation on the provision of such status has been reached, in a manner that is accurate, fair, and takes into account only those aliens who actually commence employment as such a nonimmigrant.

IN THE HOUSE OF REPRESENTATIVES

October 2, 2001

Mr. ANDREWS introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to ensure that aliens provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act are counted, for purposes of determining whether the numerical limitation on the provision of such status has been reached, in a manner that is accurate, fair, and takes into account only those aliens who actually commence employment as such a nonimmigrant.

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

SECTION 1. ENSURING THAT NUMERICAL LIMITATION COMPUTATION ACCURATELY REFLECTS NUMBER OF H-1B NONIMMIGRANTS EMPLOYED.

    (a) IN GENERAL- Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:

      `(8) ENSURING THAT NUMERICAL LIMITATION COMPUTATION ACCURATELY REFLECTS NUMBER OF H-1B NONIMMIGRANTS EMPLOYED-

        `(A) IN GENERAL- The Attorney General shall take such steps as may be necessary to ensure that all numerical limitations applicable to the issuance of visas, or the provision of nonimmigrant status, under section 101(a)(15)(H)(i)(b) are applied in a manner that--

          `(i) accurately reflects the actual number of aliens who commence employment in the United States as such a nonimmigrant in each fiscal year; and

          `(ii) does not count against any such numerical limitation--

            `(I) any visa issued to an alien based on a petition filed by an employer that is not used by the alien as the basis for admission into the United States and commencement of employment with such employer within a reasonable period of time subsequent to its issuance any visa (including any visa in excess of one, in cases in which multiple visas are issued to a single alien based on petitions filed by multiple prospective employers and the alien accepts employment with only one of those employers);

            `(II) any change of nonimmigrant classification or status authorized for an alien based on a petition filed by an employer that is not used by the alien to commence employment with such employer within a reasonable period of time subsequent to such authorization (including any authorization in excess of one, in cases in which multiple authorizations are provided to a single alien based on petitions filed by multiple prospective employers and the alien accepts employment with only one of those employers); and

            `(III) any visa (or authorization to change nonimmigrant classification or status) in excess of one, in cases in which multiple visas (or authorizations) are issued to a single alien in order to permit employment with more than one employer in the United States during identical or concurrent periods of time.

        `(B) CANCELLATION OF CONCURRENT VISAS UPON ENTRY INTO UNITED STATES- Pursuant to subparagraph (A), the Attorney General shall take such steps as may be necessary to ensure that when an alien is admitted into the United States based on a visa according status as nonimmigrant described in section 101(a)(15)(H)(i)(b), any unused visa according such nonimmigrant status that has been issued to the alien is canceled for purposes of computing any numerical limitation applicable to the provision of nonimmigrant status under such section.

        `(C) USE OF VISAS AND OTHER AUTHORIZATIONS WITHIN A REASONABLE PERIOD OF TIME- Pursuant to subparagraph (A), the Attorney General shall promulgate regulations establishing the precise durations of the periods of time described in clauses (I) and (II) of such subparagraph. The Attorney General shall by regulation provide for the cancellation of any visa or authorization described in such clauses that is not used by an alien to commence employment before the termination of the period of time determined by the Attorney General to be reasonable in the case of that visa or authorization. All such cancellations shall be taken into account in implementing subparagraph (A).

        `(D) COORDINATION- The heads of all other Federal agencies with regulatory authority with respect to aliens who may be provided nonimmigrant status under section 101(a)(15)(H)(i)(b) or employers who may petition under subsection (c) with respect to such aliens, including the Secretary of State and the Secretary of Labor, shall coordinate and cooperate with the Attorney General in order to ensure that this paragraph is implemented as efficiently and effectively as possible.'.

    (b) CONFORMING AMENDMENT- Section 214(g)(7) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(7)) is amended by striking the second sentence.

END


Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: