I

106TH CONGRESS

2D SESSION H. R. 5625

To amend the Immigration and Nationality Act to establish a pilot program

under which an alien may be provided H–1B nonimmigrant status without regard to the numerical limitation applicable to that nonimmigrant

category if the United States employer seeking the alien’s entry makes

a qualifying scholarship contribution to an institution of higher education

in the United States.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 3, 2000

Mr. COX (for himself and Mr. WU) introduced the following bill; which was

referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to establish

a pilot program under which an alien may be provided

H–1B nonimmigrant status without regard to the numerical limitation applicable to that nonimmigrant category

if the United States employer seeking the alien’s entry

makes a qualifying scholarship contribution to an institution of higher education in the United States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. ESTABLISHMENT OF ‘‘TECH SMART’’ PILOT

2 PROGRAM.

3 (a) IN GENERAL.—The Immigration and Nationality

4 Act is amended by inserting after section 218 (8 U.S.C.

5 1188) the following:

6 ‘‘ ‘TECH SMART’ PILOT PROGRAM

7 ‘‘SEC. 218A. (a) ESTABLISHMENT OF PILOT PRO8 GRAM.—The Attorney General shall establish a pilot pro9 gram (in this section referred to as the ‘Tech Smart pilot

10 program’) under which 65,000 aliens may be issued a visa

11 or otherwise provided nonimmigrant status under section

12 101(a)(15)(H)(i)(b) in each of fiscal years 2001 through

13 2003 without regard to the numerical limitations under

14 section 214(g)(1)(A).

15 ‘‘(b) EMPLOYER REQUEST TO PARTICIPATE.—An

16 employer may, concurrent with or subsequent to filing a

17 petition under section 214(c) initially to grant an alien

18 nonimmigrant status under section 101(a)(15)(H)(i)(b),

19 file a request for the Attorney General to consider the peti20 tion under the Tech Smart pilot program.

21 ‘‘(c) EMPLOYER CONTRIBUTION TO WORKFORCE DE22 VELOPMENT.—

23 ‘‘(1) IN GENERAL.—As a condition of approval

24 of the petition, an employer filing a request to par25 ticipate in the Tech Smart pilot program shall agree

26 to make an annual scholarship contribution to an in-
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1 stitution of higher education in the United States se2 lected by the employer.

3 ‘‘(2) ANNUAL CONTRIBUTION.—A scholarship

4 contribution under paragraph (1) shall be made for

5 the fiscal year in which the employer receives notice

6 of approval of the employer’s petition under section

7 214(c) initially to grant an alien nonimmigrant sta8 tus under section 101(a)(15)(H)(i)(b) and for each

9 subsequent fiscal year for which the alien who is the

10 subject of the petition is an H–1B nonimmigrant.

11 The maximum number of annual scholarship con12 tributions that shall be due with respect to any sin13 gle alien is 6.

14 ‘‘(3) AMOUNT.—The amount of the annual

15 scholarship contribution shall be equal to the max16 imum Pell Grant authorized under subpart 1 of part

17 A of title IV of the Higher Education Act of 1965

18 (20 U.S.C 1070a et seq.) for the fiscal year in which

19 the contribution is due.

20 ‘‘(4) INITIAL CONTRIBUTION.—The initial an21 nual scholarship contribution shall be made to the

22 institution of higher education not later than 15

23 days after the date on which the employer receives

24 notice of approval of the employer’s petition under
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1 section 214(c) to grant an alien nonimmigrant sta2 tus under section 101(a)(15)(H)(i)(b).

3 ‘‘(5) SUBSEQUENT CONTRIBUTIONS.—

4 ‘‘(A) IN GENERAL.—Subsequent annual

5 scholarship contributions shall be made to the

6 institution of higher education not later than

7 the anniversary of the deadline described in

8 paragraph (4).

9 ‘‘(B) ASSUMPTION OF OBLIGATION BY

10 SUBSEQUENT EMPLOYERS.—Any employer peti11 tioning to obtain authorization for the alien to

12 change employers shall agree, as a condition of

13 obtaining approval of such petition, to assume

14 the obligation to make these scholarship con15 tributions until the final contribution has been

16 received by the institution of higher education,

17 the obligation has been assumed by another em18 ployer, or the H–1B nonimmigrant status of

19 the alien terminates, whichever occurs first.

20 ‘‘(6) VERIFICATION OF RECEIPT.—Not later

21 than 15 days after receipt of any scholarship con22 tribution under this section, an institution of higher

23 education shall certify such receipt to the Attorney

24 General.
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1 ‘‘(d) SCHOLARSHIPS TO BUILD A TECH SMART

2 WORKFORCE.—An institution of higher education shall

3 use contributions received under the Tech Smart pilot pro4 gram to provide scholarships to United States citizens or

5 aliens lawfully admitted for permanent residence. Scholar6 ship contributions may be provided to students enrolled

7 full-time in programs for undergraduate or postgraduate

8 study at that institution. An employer making a scholar9 ship contribution may specify that the contribution be

10 dedicated for scholarships for a student or students em11 ployed by the employer, or for students enrolled in a par12 ticular degree program or course of study.

13 ‘‘(e) EXPEDITED VISA PROCESSING.—In the case of

14 an employer filing a request for the Attorney General to

15 consider a petition to grant an alien nonimmigrant status

16 under the Tech Smart pilot program, the Attorney Gen17 eral shall approve or deny the petition not later than 30

18 days after the date of such filing.

19 ‘‘(f) ENFORCEMENT OF CONTRIBUTION OBLIGA20 TIONS.—If the Attorney General finds, after notice and

21 opportunity for a hearing, that an employer has failed

22 timely to make a scholarship contribution under this sec23 tion that the employer is required to make, the Attorney

24 General—
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1 ‘‘(1) may impose a civil monetary penalty of not

2 more than 3 times the amount of the delinquent

3 contribution for each such violation;

4 ‘‘(2) may issue an administrative order requir5 ing that the contribution be made;

6 ‘‘(3) may bar the employer from obtaining ap7 proval of any petition under the Tech Smart pilot

8 program; and

9 ‘‘(4) may terminate the H–1B nonimmigrant

10 status of the alien with respect to whom the scholar11 ship contribution was required to be made beginning

12 90 days after the date on which the finding is en13 tered.

14 ‘‘(g) NUMERICAL LIMITATION.—The total number of

15 aliens who may be issued a visa or otherwise provided non16 immigrant status under the Tech Smart pilot program in

17 any fiscal year may not exceed 65,000. The provision of

18 nonimmigrant status to any such alien shall not be consid19 ered for purposes of computing the numerical limitations

20 under section 214(g)(1)(A).

21 ‘‘(h) EXPIRATION OF PROGRAM.—

22 ‘‘(1) IN GENERAL.—In fiscal years 2001

23 through 2003, the Attorney General may approve

24 petitions filed under section 214(c) initially to grant
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1 an alien nonimmigrant status under section

2 101(a)(15)(H)(i)(b) in accordance with this section.

3 ‘‘(2) CONTINUING EMPLOYER OBLIGATIONS.—

4 Paragraph (1) shall not be construed to limit the ob5 ligations of any employer to make scholarship con6 tributions in accordance with this section until the

7 employer satisfies the requirements imposed under

8 this section.

9 ‘‘(3) EXTENSIONS OF STAY OR CHANGE IN EM10 PLOYMENT.—Paragraph (1) shall not be construed

11 to limit the authority of the Attorney General in fis12 cal year 2004 and subsequent fiscal years to approve

13 or deny a petition under section 214(c)—

14 ‘‘(A) to extend the stay of an alien initially

15 granted status as an H–1B nonimmigrant

16 under this section in accordance with section

17 214(g)(4); or

18 ‘‘(B) to obtain authorization for such an

19 alien to change employers.

20 ‘‘(i) DEFINITIONS.—For purposes of this section:

21 ‘‘(1) H–1B NONIMMIGRANT.—The term ‘H–1B

22 nonimmigrant’ has the meaning given such term in

23 section 212(n)(4).

24 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—

25 The term ‘institution of higher education’ has the
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1 meaning given such term in section 101(a) of the

2 Higher Education Act of 1965 (20 U.S.C.

3 1001(a)).’’.

4 (b) CLERICAL AMENDMENT.—The table of contents

5 of such Act is amended by inserting after the item relating

6 to section 218 the following new item:

‘‘Sec. 218A. ‘Tech Smart’ pilot program.’’.

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