Calendar No. 362

104TH CONGRESS

2D SESSION S. 1665

[Report No. 104–250]

A BILL

To amend the Immigration and Nationality Act to

into the United States.ful admission of immigrants and nonimmigrantsreform the standards and procedures for the lawAPRIL 10, 1996

Reported without amendment
II

Calendar No. 362

104TH CONGRESS

2D SESSION S. 1665

[Report No. 104–250]

To amend the Immigration and Nationality Act to reform the standards

and procedures for the lawful admission of immigrants and

nonimmigrants into the United States.

IN THE SENATE OF THE UNITED STATES

APRIL 10, 1996

Mr. HATCH, from the Committee on the Judiciary, reported under authority

of the order of the Senate of March 29, 1996 the following original bill;

which was read twice and placed on the calendar

APRIL 10, 1996

Reported by Mr. HATCH, without amendment

A BILL

To amend the Immigration and Nationality Act to reform

the standards and procedures for the lawful admission

of immigrants and nonimmigrants into the United

States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1665 RS

1 SECTION 1. SHORT TITLE; REFERENCES IN ACT.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Legal Immigration Act of 1996’’.

4 (b) REFERENCES IN ACT.—Except as otherwise spe5 cifically provided in this Act, whenever in this Act an

6 amendment or repeal is expressed as an amendment to

7 or repeal of a provision, the reference shall be deemed to

8 be made to the Immigration and Nationality Act (8 U.S.C.

9 1101 et seq.).

10 SEC. 2. TABLE OF CONTENTS.

11 The table of contents for this Act is as follows:

Sec. 1. Short title; references in Act.

Sec. 2. Table of contents.

TITLE I—IMMIGRANTS

Subtitle A—Changes in Immigrant Classifications

Sec. 101. Family-sponsored preference classifications.

Sec. 102. Repeal of preference category for unskilled immigrants.

Sec. 103. Not counting work experience as an unauthorized alien.

Sec. 104. Judicial review.

Sec. 105. Conforming amendments.

Sec. 106. Transition.

Subtitle B—Changes in Numerical Limitations on Immigrants

Sec. 111. Worldwide numerical limitation on family-sponsored immigration.

Sec. 112. Worldwide numerical limitation on diversity immigration.

Sec. 113. Numerical limitation on immigration from a single foreign state.

Sec. 114. Transition for certain backlogged spouses and children of lawful permanent residents and brothers and sisters of citizens.

TITLE II—NONIMMIGRANTS

Sec. 201. Changes relating to H–1B nonimmigrants.

Sec. 202. Visa waiver program.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Repeal of Amerasian law.

Sec. 302. Suspension of deportation for aliens who entered without inspection.

Sec. 303. Exclusion for economic espionage or the piracy of intellectual

property.

Sec. 304. Mail-order bride business.
3

•S 1665 RS

TITLE IV—EFFECTIVE DATE

Sec. 401. Effective date.

1 TITLE I—IMMIGRANTS

2 Subtitle A—Changes in Immigrant

3 Classifications

4 SEC. 101. FAMILY-SPONSORED PREFERENCE CLASSIFICA5 TIONS.

6 (a) PREFERENCE ALLOCATIONS.—Section 203(a) (8

7 U.S.C. 1153(a)) is amended to read as follows:

8 ‘‘SEC. 203. (a) PREFERENCE ALLOCATION FOR FAM9 ILY-SPONSORED IMMIGRANTS.—Aliens subject to the

10 worldwide level specified in section 201(c) for family-spon11 sored immigrants shall be allotted visas as follows:

12 ‘‘(1) SPOUSES AND CHILDREN OF PERMANENT

13 RESIDENT ALIENS.—Qualified immigrants who are

14 the spouses or children of an alien lawfully admitted

15 for permanent residence shall be allocated visas in

16 each fiscal year in a number equal to the worldwide

17 level of family-sponsored immigrants calculated

18 under section 201(c)(1), plus any visas not required

19 in the previous fiscal year for the admission of immi20 grants under section 203(b).

21 ‘‘(2) UNMARRIED SONS AND DAUGHTERS OF

22 CITIZENS.—Qualified immigrants who are the un23 married sons or daughters of citizens of the United
4

•S 1665 RS

1 States shall be allocated visas not required for the

2 class specified in paragraph (1).

3 ‘‘(3) MARRIED SONS AND DAUGHTERS OF CITI4 ZENS.—Qualified immigrants who are the married

5 sons and daughters of citizens of the United States

6 shall be allocated visas not required for the classes

7 specified in paragraphs (1) and (2).

8 ‘‘(4) UNMARRIED SONS AND DAUGHTERS OF

9 PERMANENT RESIDENTS.—Qualified immigrants

10 who are the unmarried sons or unmarried daughters

11 (but are not the children) of an alien lawfully admit12 ted for permanent residence shall be allocated visas

13 not required for the classes specified in paragraphs

14 (1), (2), and (3).

15 ‘‘(5) BROTHERS AND SISTERS OF CITIZENS.—

16 Qualified immigrants who are the brothers or sisters

17 of citizens of the United States, if such citizens are

18 at least 21 years of age, shall be allocated visas not

19 required for the classes specified in paragraphs (1),

20 (2), (3), and (4).’’.

21 (b) SPECIAL RULE FOR ALLOCATION OF VISAS DUR22 ING TEMPORARY FAMILY BACKLOG REDUCTION

23 PROGRAM.—

24 (1) UNMARRIED SONS AND DAUGHTERS OF

25 CITIZENS.—Of the number of visas available to be
5

•S 1665 RS

1 allotted to family-sponsored immigrants under sec2 tion 203(a) of the Immigration and Nationality Act,

3 a total of no less than 35,000 shall be allotted to the

4 class described in paragraph (2) of that section (as

5 amended by this section) each fiscal year until the

6 backlog of qualified immigrants under subsection

7 (a)(1) (relating to the spouses and children of per8 manent residents) has been eliminated.

9 (2) MARRIED SONS AND DAUGHTERS OF CITI10 ZENS.—Of the number of visas available to be allot11 ted to family-sponsored immigrants under section

12 203(a) of the Immigration and Nationality Act, a

13 total of no less than 40,000 shall be allotted to the

14 class described in paragraph (3) of that section (as

15 amended by this section) each fiscal year until the

16 backlog of qualified immigrants under subsection

17 (a)(1) (relating to the spouses and children of per18 manent residents) and subsection (a)(2) (relating to

19 the unmarried sons and daughters of citizens) has

20 been eliminated.

21 (c) TREATMENT OF NEW APPLICATIONS FOR

22 BROTHERS AND SISTERS OF CITIZENS.—Beginning on

23 the effective date of this Act, the Attorney General may

24 not accept any petition by a citizen of the United States

25 claiming that an alien is entitled to classification by reason
6

•S 1665 RS

1 of a relationship described in section 203(a)(5) of the Im2 migration and Nationality Act (as amended by this Act),

3 until the backlog of qualified immigrants described in sec4 tion 203(a)(5) of that Act is reduced to 150,000.

5 (d) STUDY AND REPORT ON SIBLING BACKLOG.—

6 (1) STUDY.—The Secretary of State shall con7 duct a study of the number of aliens on the State

8 Department’s immigrant visa waiting list who are

9 the brothers or sisters of United States citizens, and

10 the number of spouses and children when accom11 panying or following to join such aliens, in order to

12 establish a reasonable estimate of the number of

13 persons awaiting visas under section 203(a)(5) of

14 the Immigration and Nationality Act, as amended by

15 this section.

16 (2) REPORT.—Not later than two years after

17 the date of enactment of this Act, the Secretary of

18 State shall submit a report to the Committees on the

19 Judiciary of the House of Representatives and of the

20 Senate setting forth—

21 (A) the findings of the study required by

22 paragraph (1); and

23 (B) the best estimate by the Secretary of

24 State of the number of persons awaiting visas
7

•S 1665 RS

1 under section 203(a)(5) of the Immigration and

2 Nationality Act, as amended by this section.

3 SEC. 102. REPEAL OF PREFERENCE CATEGORY FOR UN4 SKILLED IMMIGRANTS.

5 Section 203(b)(3)(A)(iii) is repealed, effective June

6 1, 1997.

7 SEC. 103. NOT COUNTING WORK EXPERIENCE AS AN UNAU8 THORIZED ALIEN.

9 Section 203(b) (8 U.S.C. 1153(b)) is amended by

10 adding at the end the following new paragraph:

11 ‘‘(7) NOT COUNTING WORK EXPERIENCE AS AN

12 UNAUTHORIZED ALIEN.—For purposes of this sub13 section, work experience obtained in employment in

14 the United States with respect to which the alien

15 was an unauthorized alien (as defined in section

16 274A(h)(3)) shall not be taken into account.’’.

17 SEC. 104. JUDICIAL REVIEW.

18 Section 203 (8 U.S.C. 1153), as amended by sections

19 101 and 102 of this Act, is further amended by adding

20 at the end the following new subsection:

21 ‘‘(i) Except as otherwise provided in section

22 203(h)(2) and notwithstanding any other provision of law,

23 with respect to any civil action against any agency which

24 involves a cause or claim regarding the allocation of immi-
8

•S 1665 RS

1 grant visas or determinations made on immigrant visa pe2 titions under this section—

3 ‘‘(1) suit must be brought within 90 days of the

4 challenged action or determination;

5 ‘‘(2) venue shall lie only in the District Court

6 for the District of Columbia;

7 ‘‘(3) suit may be brought only by persons who

8 have petitioned for the issuance of an immigrant

9 visa and have exhausted all available administrative

10 remedies;

11 ‘‘(4) no suit may be brought to compel the

12 agency to adjudicate a pending visa petition;

13 ‘‘(5) review of a denial of a visa petition shall

14 be solely on the administrative record; and

15 ‘‘(6) the court—

16 ‘‘(A) must sustain the agency’s action un17 less it has been shown by the petitioner to be

18 clearly erroneous;

19 ‘‘(B) may not review any exercise of the

20 agency’s discretion; and

21 ‘‘(C) may not reverse or remand a deter22 mination on the basis, in whole or in part, that

23 the agency’s explanation of its action was not

24 sufficiently extensive.’’.
9

•S 1665 RS

1 SEC. 105. CONFORMING AMENDMENTS.

2 (a) Section 204(a)(1)(A)(i) is amended by striking

3 ‘‘classification by reason of a relationship described in

4 paragraph (1), (3), or (4) of section 203(a)’’ and inserting

5 ‘‘paragraph (3) or (5) of section 203(a)’’.

6 (b) The following sections of the Immigration and

7 Nationality Act are amended by striking ‘‘203(a)(2)’’ each

8 place it appears and inserting ‘‘203(a)(1)’’: sections

9 204(a)(1)(B)(i), 204(a)(2)(A), 212(a)(6)(E)(ii),

10 216(g)(1)(C), and 241(a)(1)(E)(ii).

11 (c) The following provisions of the Immigration and

12 Nationality Act are amended by striking ‘‘203(a)(2)(A)’’

13 each place it appears and inserting ‘‘203(a)(1)’’: sections

14 202(e), 204(a)(1)(B)(ii), and 204(a)(1)(B)(iii).

15 (d) The following provision of the Immigration and

16 Nationality Act is amended by striking ‘‘203(a)(2)(B)’’

17 each place it appears and inserting ‘‘203(a)(4)’’: section

18 202(a)(4)(C).

19 (e)(1) The following provisions of law are amended

20 by striking ‘‘203(a)(4)’’ each place it appears and insert21 ing ‘‘203(a)(5)’’: section 2(c)(4) of Public Law 97–271

22 and section 161(c)(2) of the Immigration Act of 1990.

23 (2) Section 204(a)(1)(A)(i) of the Immigration and

24 Nationality Act is amended by striking ‘‘(4)’’ and insert25 ing ‘‘(5)’’.
10

•S 1665 RS

1 (3) Section 212(d)(11) of such Act is amended by

2 striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’.

3 (f) The following provisions of law are amended by

4 striking ‘‘203(a)(2)’’ each place it appears and inserting

5 ‘‘203(a)(1)’’: section 2(c)(4) of Public Law 97–271 and

6 sections 112(b) and 155(b)(3) of the Immigration Act of

7 1990.

8 (g) Public Law 102–509 is amended in subsection (a)

9 of section 4 by striking ‘‘expertise’’ and inserting ‘‘edu10 cation and experience’’.

11 SEC. 106. TRANSITION.

12 (a) IN GENERAL.—Any petition filed under section

13 204(a) of the Immigration and Nationality Act before Oc14 tober 1, 1996 for preference status under section

15 203(a)(1), section 203(a)(2)(A), section 203(a)(2)(B) or

16 section 203(a)(4) of such Act (as in effect before such

17 date) for qualified immigrants shall be deemed, as of such

18 date, to be a petition filed under such section for pref19 erence status under section 203(a)(2), section 203(a)(1),

20 section 203(a)(4), or section 203(a)(5), respectively, of

21 such Act (as amended by this Act).

22 (b) ADMISSIBILITY STANDARDS.—When an immi23 grant, in possession of an unexpired immigrant visa issued

24 before October 1, 1996, makes application for admission,

25 the immigrant’s admissibility under paragraph (7)(A) of
11

•S 1665 RS

1 section 212(a) of the Immigration and Nationality Act

2 shall be determined under the provisions of law in effect

3 on the date of the issuance of such visa.

4 Subtitle B—Changes in Numerical

5 Limitations on Immigrants

6 SEC. 111. WORLDWIDE NUMERICAL LIMITATION ON

7 FAMILY-SPONSORED IMMIGRATION.

8 Subsection (c)(1) of section 201 (8 U.S.C. 1151) is

9 amended to read as follows:

10 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

11 IMMIGRANTS.—(1)(A) The worldwide level of family-spon12 sored immigrants under this subsection for a fiscal year

13 is, subject to subparagraph (B), equal to—

14 ‘‘(i) 425,000, minus

15 ‘‘(ii) the number computed under paragraph

16 (2), plus

17 ‘‘(iii) the number (if any) computed under para18 graph (3).

19 ‘‘(B) In no case shall the number computed under

20 subparagraph (A) be less than 175,000.’’.

21 SEC. 112. WORLDWIDE NUMERICAL LIMITATION ON DIVER22 SITY IMMIGRATION.

23 (a) NUMERICAL LIMITATION.—Section 201(e) (8

24 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ and in25 serting ‘‘27,000’’.
12

•S 1665 RS

1 (b) DISTRIBUTION OF VISAS.—Section 203(c)(1)(E)

2 is amended by adding at the end the following new clause:

3 ‘‘(vi) NO VISAS FOR NATIVES OF CER4 TAIN COUNTRIES.—(I) Except as provided

5 in subclause (III), the percentage of visas

6 made available under this paragraph to na7 tives of any state described in subclause

8 (II) is zero.

9 ‘‘(II) A state described in this

10 subclause is a state for which the average

11 annual admission of natives of that state is

12 less than 1 percent of the per country limit

13 applicable under section 202(a) to natives

14 of that state in the previous fiscal year.

15 ‘‘(III) The limitation contained in

16 subclause (I) shall not apply to the terri17 tory specified in subparagraph (F) unless

18 the average annual admission of diversity

19 immigrants from such territory under this

20 subsection is less than 1 percent of the

21 total number of diversity immigrant visas

22 which may be made available to natives of

23 the territory in the most recent fiscal year

24 for which data are available.

25 ‘‘(IV) For purposes of this clause—
13

•S 1665 RS

1 ‘‘(aa) the average annual admis2 sion of natives of a foreign state is de3 termined by dividing the number de4 termined under subparagraph (A) by

5 five; and

6 ‘‘(bb) the average annual admis7 sion of diversity immigrants is deter8 mined for the most recent 5-fiscal9 year period for which data are avail10 able or, if data are not available for 5-

11 fiscal years, the next longest period of

12 the fiscal years for which data are

13 available, by dividing by five, or the

14 appropriate lesser number, as the case

15 may be, the total number of aliens

16 who are natives of the territory and

17 who were admitted or otherwise pro18 vided lawful permanent resident sta19 tus under this subsection.’’.

20 (c) FEES.—Section 203(c) (8 U.S.C. 1153(c)) is

21 amended by adding the following new paragraph:

22 ‘‘(4) FEES.—Fees for the furnishing and ver23 ification of applications for visas under this sub24 section and for the issuance of visas under this sub25 section may be prescribed by the Secretary of State
14

•S 1665 RS

1 in such amounts as are adequate to compensate the

2 Department of State for the costs of administering

3 the diversity immigrant program. Any such fees col4 lected may be deposited as an offsetting collection to

5 the appropriate Department of State appropriation

6 to recover the costs of such program and shall re7 main available for obligation until expended.’’.

8 SEC. 113. NUMERICAL LIMITATION ON IMMIGRATION FROM

9 A SINGLE FOREIGN STATE.

10 Section 202(a) (8 U.S.C. 1152(a)) is amended by

11 striking paragraphs (2) through (4) and inserting the

12 following:

13 ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON14 SORED AND EMPLOYMENT-BASED IMMIGRANTS.—(A)

15 Subject to subparagraph (C), the total number of

16 immigrant visas made available in any fiscal year to

17 natives of any single foreign state or dependent area

18 under section 203 (a) and (b) may not exceed the

19 difference (if any) between—

20 ‘‘(i) 20,000 in the case of any foreign state

21 (or 5,000 in the case of a dependent area) not

22 contiguous to the United States, or 40,000 in

23 the case of any foreign state contiguous to the

24 United States; and
15

•S 1665 RS

1 ‘‘(ii) the amount specified in subparagraph

2 (B).

3 ‘‘(B) The amount specified in this subpara4 graph is the amount by which the total of the num5 ber of immediate relatives (as defined in section

6 201(b)(2)) admitted in the prior fiscal year who are

7 natives of such state or dependent area exceeded

8 20,000 in the case of any foreign state (or 5,000 in

9 the case of a dependent area) not contiguous to the

10 United States, or 40,000 in the case of any foreign

11 state contiguous to the United States.

12 ‘‘(C) In any fiscal year in which immigrant visa

13 numbers are made available under section 114(a)(1)

14 of the Legal Immigration Act of 1996, the per coun15 try limitation specified in subparagraph (A) shall not

16 apply to aliens who are allotted visas under section

17 203(a)(1), except that the number of immigrant

18 visas made available to the natives of any foreign

19 state or dependent area under section 203(a) for

20 such fiscal year shall be subtracted from the level

21 specified in subparagraph (A) for purposes of the

22 application of such level to immigrants from such

23 state or area under section 203(b) for such fiscal

24 year.’’.
16

•S 1665 RS

1 SEC. 114. TRANSITION FOR CERTAIN BACKLOGGED

2 SPOUSES AND CHILDREN OF LAWFUL PER3 MANENT RESIDENTS AND BROTHERS AND

4 SISTERS OF CITIZENS.

5 (a) IN GENERAL.—Notwithstanding the numerical

6 limitations of section 203(a) of the Immigration and Na7 tionality Act, in addition to any immigrant visas otherwise

8 available, immigrant visas shall be made available as

9 follows:

10 (1) BACKLOGGED SPOUSES AND CHILDREN.—

11 (A) Except as provided in subparagraph (B), and

12 subject to subsection (b), qualified immigrants who

13 are the spouses or children of an alien lawfully ad14 mitted for permanent residence, and who had a peti15 tion approved for classification under section

16 203(a)(2)(A) (as in effect immediately prior to the

17 date of enactment of this Act), shall be allotted visas

18 in a number not to exceed 25,000 for each of the

19 fiscal years 1997 through 2001.

20 (B) A visa shall not be made available under

21 subparagraph (A) for any alien—

22 (i) who is subject to the temporary stay of

23 deportation authorized under section 301 of the

24 Immigration Act of 1990, or

25 (ii) whose petitioning relative has satisfied

26 the residency requirements under section 316
17

•S 1665 RS

1 of the Immigration and Nationality Act to

2 qualify to apply for naturalization.

3 (2) BACKLOGGED BROTHERS AND SISTERS OF

4 CITIZENS.—Subject to subsection (b), qualified im5 migrants who are the brothers or sisters of citizens

6 of the United States, if such citizens are at least 21

7 years of age, and who had a petition approved for

8 classification under section 203(a)(4) (as in effect

9 immediately prior to the date of enactment of this

10 Act), shall be allotted visas in a number not to ex11 ceed 50,000 in each of the fiscal years 1997 through

12 2001 and not to exceed 75,000 in each of the fiscal

13 years 2002 through 2006. 

14 (b) COVERED ALIENS.—(1) This section applies only

15 to those aliens who—

16 (A) as of the date of enactment of this Act,

17 have had a petition approved for classification under

18 paragraph (2)(A) or (4), as the case may be, of sec19 tion 203(a) of the Immigration and Nationality Act

20 (as in effect immediately prior to the date of the en21 actment of this Act);

22 (B) have been unable to obtain a visa, because

23 of the unavailability of a visa number; and
18

•S 1665 RS

1 (C) remain qualified for classification under

2 section 203(a) of the Immigration and Nationality

3 Act (as amended by this Act).

4 (2) The additional visa numbers provided under sub5 section (a)(1) shall not be subject to the numerical limita6 tions of section 202(a) of the Immigration and Nationality

7 Act.

8 TITLE II—NONIMMIGRANTS

9 SEC. 201. CHANGES RELATING TO H–1B NONIMMIGRANTS.

10 (a) COMPLAINTS AND INVESTIGATIONS OF H–1B

11 EMPLOYERS.—Section 212(n)(2)(A) (8 U.S.C.

12 1182(n)(2)(A)) is amended by striking the period at the

13 end of the second sentence and inserting the following: ‘‘,

14 except that the Secretary may only file such a complaint

15 in the case of an H–1B dependent employer (as defined

16 in subparagraph (E)) or when conducting an annual re17 view of a plan pursuant to subparagraph (F)(i) if there

18 appears to be a violation of an attestation. No investiga19 tion or hearing shall be conducted with respect to an em20 ployer that is not an H–1B dependent employer except

21 in response to a complaint filed under the preceding

22 sentence.’’.

23 (b) INCREASED PENALTIES FOR VIOLATIONS OF H–

24 1B REQUIREMENTS.—Section 212(n)(2) of the Immigra25 tion and Nationality Act is amended—
19

•S 1665 RS

1 (1) in subparagraph (C)(i), by striking

2 ‘‘$1,000’’ and inserting ‘‘$5,000’’;

3 (2) by amending subparagraph (C)(ii) to read

4 as follows:

5 ‘‘(ii) the Attorney General shall not approve pe6 titions filed with respect to that employer (or any

7 employer who is a successor in interest) under sec8 tion 204 or 214(c) for aliens to be employed by the

9 employer—

10 ‘‘(I) during a period of at least 1 year in

11 the case of the first determination of a violation

12 or any subsequent determination of a violation

13 occurring within 1 year of that first violation;

14 ‘‘(II) during a period of at least 5 years in

15 the case of a determination of a willful violation

16 occurring more than 1 year after the first viola17 tion; and

18 ‘‘(III) at any time in the case of a deter19 mination of a willful violation occurring more

20 than 5 years after a violation described in

21 subclause (II);’’; and

22 (3) in subparagraph (D), by adding at the end

23 the following new sentence: ‘‘If a penalty under sub24 paragraph (C) has been imposed in the case of a

25 willful violation, the Secretary shall impose on the
20

•S 1665 RS

1 employer a civil monetary penalty in an amount

2 equaling twice the amount of backpay.’’.

3 (c) DEFINITION OF H–1B DEPENDENT EM4 PLOYER.—Section 212(n)(2) (8 U.S.C. 1182(n)(2)) is

5 amended by inserting after subparagraph (D) the follow6 ing new subparagraphs:

7 ‘‘(E) In this subsection, the term ‘H–1B dependent

8 employer’ means an employer that—

9 ‘‘(i)(I) has fewer than 21 full-time equivalent

10 employees who are employed in the United States,

11 and

12 ‘‘(II) employs 4 or more nonimmigrants de13 scribed in section 101(a)(15)(H)(i)(b); or

14 ‘‘(ii)(I) has at least 21 full-time equivalent em15 ployees who are employed in the United States, and

16 ‘‘(II) employs nonimmigrants described in sec17 tion 101(a)(15)(H)(i)(b) in a number that is equal

18 to at least 20 percent of the number of such full19 time equivalent employees.

20 ‘‘(F)(i) An employer who is an H–1B dependent as

21 defined in section 212(n)(2)(E) may nevertheless be treat22 ed as an H–1B nondependent employer for 5 years on a

23 probationary status if—

24 ‘‘(I) the employer has demonstrated to the sat25 isfaction of the Secretary of Labor that the employer
21

•S 1665 RS

1 has developed a plan for reasonably reducing the

2 percentage of H–1B workers in its workforce over a

3 5-year period, and

4 ‘‘(II) annual reviews of that plan by the Sec5 retary of Labor indicate successful implementation

6 of that plan.

7 If the employer has not met the requirements established

8 in this subparagraph, the probationary status shall termi9 nate and the employer shall be treated as an H–1B de10 pendent employer until such time as the employer dem11 onstrates to the satisfaction of the Secretary of Labor that

12 the employer no longer is an H–1B dependent employer

13 as defined in section 212(n)(2)(E).

14 ‘‘(ii) The probationary status accorded in this sub15 paragraph shall cease to be effective 5 years after the date

16 of enactment of the plan to reduce dependence on H–1B

17 workers. In applying this subparagraph, any group treated

18 as a single employer under subsection (b), (c), (m), or (o)

19 of section 414 of the Internal Revenue Code of 1986 shall

20 be treated as a single employer under this subparagraph.

21 For purposes of this subparagraph, aliens employed under

22 a petition for nonimmigrants described in section

23 101(a)(15)(H)(i)(b) shall be treated as employees, and

24 counted as nonimmigrants under section

25 101(a)(15)(H)(i)(b).
22

•S 1665 RS

1 ‘‘(G) Under regulations of the Secretary, the provi2 sions of this paragraph shall apply to complaints with re3 spect to a failure of another employer to comply with an

4 attestation described in paragraph (1)(E)(ii) in the same

5 manner as they apply to complaints of a petitioner with

6 respect to a failure to comply with a condition described

7 in paragraph (1)(E)(i).’’.

8 (d) COMPUTATION OF ACTUAL AND PREVAILING

9 WAGE LEVEL.—Section 212(n) (8 U.S.C. 1182(n)) is

10 amended by adding at the end the following new para11 graphs:

12 ‘‘(3) For purposes of determining the actual

13 wages paid under paragraph (1)(A)(i)(I), an em14 ployer shall not be required to have and document

15 an objective system to determine the wages of

16 workers.

17 ‘‘(4) For purposes of determining the actual

18 wage level paid under paragraph (1)(A)(i)(I), an H–

19 1B nondependent employer of more than 1,000 em20 ployees in the United States may demonstrate that

21 in determining the wages of nonimmigrants de22 scribed in section 101(a)(15)(H)(i)(B), the employer

23 utilizes a compensation and benefits system that has

24 been previously certified by the Secretary of Labor

25 (and recertified at such intervals the Secretary of
23

•S 1665 RS

1 Labor may designate) to satisfy all of the following

2 conditions:

3 ‘‘(A) The employer has a company-wide

4 compensation policy for its full-time equivalent

5 employees which ensures salary equity among

6 employees similarly employed.

7 ‘‘(B) The employer has a company-wide

8 benefits policy under which all full-time equiva9 lent employees similarly employed are eligible

10 for benefits or under which some employees

11 may accept higher pay, at least equal in value

12 to the benefits, in lieu of benefits.

13 ‘‘(C) The compensation and benefits policy

14 is communicated to all employees.

15 ‘‘(D) The employer has a Human Re16 sources or Compensation function that admin17 isters its compensation system.

18 ‘‘(E) The employer has established docu19 mentation for the job categories in question.

20 An employer’s payment of wages consistent with a

21 system which meets the conditions of subparagraphs

22 (A) through (E) and which has been certified by the

23 Secretary of Labor pursuant to this paragraph shall

24 be deemed to satisfy the requirements of paragraph

25 (1)(A)(i).
24

•S 1665 RS

1 ‘‘(5) For purposes of determining and enforcing

2 the prevailing wage paid under paragraph

3 (1)(A)(i)(II), employers may provide a published

4 survey, a State employment agency determination, a

5 determination by an accepted private source or any

6 other legitimate source. Not later than 180 days

7 from the date of enactment of this Act, the Sec8 retary of Labor shall provide for acceptance of pre9 vailing wage determinations not made by a State

10 employment security agency. The Secretary of Labor

11 or his designate must either accept such non-State

12 employment security agency wage determination or

13 issue a written decision rejecting the determination

14 and detailing the legitimate reasons that the deter15 mination is not acceptable. If a detailed rejection is

16 not issued within 45 days of the date of the Sec17 retary’s receipt of such determination, the deter18 mination shall be deemed acceptable. An employer’s

19 payment of wages consistent with a prevailing wage

20 determination not rejected by the Secretary of Labor

21 under this paragraph shall be deemed to satisfy the

22 requirements of paragraph (1)(A)(i)(II).

23 ‘‘(6) In computing the prevailing wage level for

24 researchers in an area of employment for purposes

25 of paragraph (1)(A)(i)(II) and subsection (a)(5)(A)
25

•S 1665 RS

1 in the case of an employee of (A) an institution of

2 higher education (as defined in section 1201(a) of

3 the Higher Education Act of 1965), or a related or

4 affiliated nonprofit entity, or (B) a nonprofit or Fed5 eral research institute or agency, the prevailing wage

6 level shall only take into account researchers at such

7 institutions, entities, and agencies in the area of em8 ployment.’’.

9 (e) APPLICATION OF CERTAIN REQUIREMENTS FOR

10 NON-H–1B DEPENDENT EMPLOYERS.—Section 212(n)

11 (8 U.S.C. 1182(n)) is further amended by adding at the

12 end the following new paragraph:

13 ‘‘(7) In carrying out this subsection, in the case

14 of an employer that is not an H–1B dependent

15 employer—

16 ‘‘(A) the employer is not required to post

17 notices at worksites that were not listed on the

18 application under paragraph (1) if the worksites

19 are within the area of intended employment list20 ed on such application; and

21 ‘‘(B) if the employer has filed and had cer22 tified an application under paragraph (1) with

23 respect to one or more nonimmigrants described

24 in section 101(a)(15)(H)(i)(b) for one or more

25 areas of employment—
26

•S 1665 RS

1 ‘‘(i) the employer is not required to

2 file and have certified an additional appli3 cation under paragraph (1) with respect to

4 such a nonimmigrant for an area of em5 ployment not listed in the previous applica6 tion because the employer has placed one

7 or more such nonimmigrants in such a

8 nonlisted area so long as either (I) each

9 such nonimmigrant is not placed in such

10 nonlisted areas for a period exceeding 45

11 workdays in any 12-month period and not

12 to exceed 90 workdays in any 36-month

13 period, or (II) each such nonimmigrant’s

14 principal place of employment has not

15 changed to a nonlisted area, and

16 ‘‘(ii) the employer is not required to

17 pay per diem and transportation costs at

18 any specified rates for work performed in

19 such a nonlisted area.’’.

20 (f) EFFECTIVE DATES.—(1) Except as otherwise pro21 vided in this subsection, the amendments made by this

22 section shall take effect on the date of the enactment of

23 this Act and shall apply to applications filed with the Sec24 retary of Labor on or after 30 days after the date of the

25 enactment of this Act.
27

•S 1665 RS

1 (2) The amendments made by subsection (b)(1) shall

2 apply to complaints filed, and to investigations or hearings

3 initiated, on or after January 19, 1995.

4 SEC. 202. VISA WAIVER PROGRAM.

5 (a) EXTENSION OF PROGRAM.—Section 217(f) (8

6 U.S.C. 1187(f)) is amended by striking ‘‘1996’’ and in7 serting ‘‘1998’’.

8 (b) REPEAL OF PROBATIONARY PROGRAM.—(1) Sec9 tion 217(g) (8 U.S.C. 1187(g)) is repealed.

10 (2) A country designated as a pilot program country

11 with probationary status under section 217(g) of the Im12 migration and Nationality Act (as in effect prior to the

13 date of enactment of this Act) shall be subject to para14 graphs (3) and (4) of that subsection as if such para15 graphs were not repealed.

16 (c) DURATION AND TERMINATION OF DESIGNATION

17 OF PILOT PROGRAM COUNTRIES.—Section 217, as

18 amended by this section, is further amended by adding

19 at the end the following:

20 ‘‘(g) DURATION AND TERMINATION OF DESIGNA21 TION.—

22 ‘‘(1) PROGRAM COUNTRIES.—(A) Upon deter23 mination by the Attorney General that a visa waiver

24 program country’s disqualification rate is 2 percent
28

•S 1665 RS

1 or more, the Attorney General shall notify the Sec2 retary of State.

3 ‘‘(B) If the program country’s disqualification

4 rate is greater than 2 percent but less than 3.5 per5 cent, the Attorney General and the Secretary of

6 State shall place the program country in probation7 ary status for a period not to exceed 3 full fiscal

8 years following the year in which the designation of

9 the country as a pilot program country is made.

10 ‘‘(C) If the program country’s disqualification

11 rate is 3.5 percent or more, the Attorney General

12 and the Secretary of State, acting jointly, shall ter13 minate the country’s designation effective at the be14 ginning of the second fiscal year following the fiscal

15 year in which the determination is made.

16 ‘‘(2) END OF PROBATIONARY STATUS.—(A) If

17 the Attorney General and the Secretary of State,

18 acting jointly, determine at the end of the probation19 ary period described in subparagraph (B) that the

20 program country’s disqualification rate is less than

21 2 percent, they shall redesignate the country as a

22 program country.

23 ‘‘(B) If the Attorney General and the Secretary

24 of State, acting jointly, determine at the end of the
29

•S 1665 RS

1 probationary period described in subparagraph (B)

2 that a visa waiver country has—

3 ‘‘(i) failed to develop a machine readable

4 passport program as required by subparagraph

5 (C) of subsection (c)(2), or

6 ‘‘(ii) has a disqualification rate of 2 per7 cent or more,

8 then the Attorney General and the Secretary of

9 State shall jointly terminate the designation of the

10 country as a visa waiver program country, effective

11 at the beginning of the first fiscal year following the

12 fiscal year in which in the determination is made.

13 ‘‘(3) DISCRETIONARY TERMINATION.—Notwith14 standing any other provision of this section, the At15 torney General and the Secretary of State, acting

16 jointly, may for any reason (including national secu17 rity or failure to meet any other requirement of this

18 section), at any time, rescind any waiver under sub19 section (a) or terminate any designation under sub20 section (c), effective upon such date as they shall

21 jointly determine.

22 ‘‘(4) EFFECTIVE DATE OF TERMINATION.—Na23 tionals of a country whose eligibility for the program

24 is terminated by the Attorney General and the Sec25 retary of State, acting jointly, may continue to have
30

•S 1665 RS

1 paragraph (7)(B)(i)(II) of section 212(a) waived, as

2 authorized by subsection (a), until the country’s ter3 mination of designation becomes effective as pro4 vided in this subsection.

5 ‘‘(5) NONAPPLICABILITY PROVISIONS.—Para6 graphs (1)(C) and (3) shall not apply unless the

7 total number of nationals of a designated country, as

8 described in paragraph (6)(A), is in excess of 100.

9 ‘‘(6) DEFINITION.—For purposes of this sub10 section, the term ‘disqualification rate’ means the

11 ratio of—

12 ‘‘(A) the total number of nationals of the

13 visa waiver program country—

14 ‘‘(i) who were excluded from admis15 sion or withdrew their application for ad16 mission during the most recent fiscal year

17 for which data is available, and

18 ‘‘(ii) who were admitted as non19 immigrant visitors during such fiscal year

20 and who violated the terms of such admis21 sion, to

22 ‘‘(B) the total number of nationals of that

23 country who applied for admission as non24 immigrant visitors during such fiscal year.’’.
31

•S 1665 RS

1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 SEC. 301. REPEAL OF AMERASIAN LAW.

4 (a) IN GENERAL.—Section 584 of the Foreign Oper5 ations, Export Financing, and Related Programs Appro6 priations Act, 1988 (as contained in section 101(e) of

7 Public Law 100–202; 8 U.S.C. 1101 note) is repealed ef8 fective October 1, 1997.

9 (b) TRANSITION PERIOD.—(1) Effective October 1,

10 1996, only an alien described in subparagraph (A) or (B)

11 of section 584(b) of such Act may be admitted to the Unit12 ed States pursuant to section 584(a) of such Act.

13 (2) The repeal of section 584 of such Act made by

14 subsection (a) shall not affect the admission into the Unit15 ed States of an alien who was interviewed and approved

16 for admission before October 1, 1997, and who was admit17 ted to the United States before October 1, 1998.

18 SEC. 302. SUSPENSION OF DEPORTATION FOR ALIENS WHO

19 ENTERED WITHOUT INSPECTION.

20 (a) IN GENERAL.—Section 244(a)(2) (8 U.S.C.

21 1254(a)(1)) is amended by inserting ‘‘(1)(B),’’ after

22 ‘‘paragraph’’.

23 (b) EFFECTIVE DATE.—The amendments made by

24 subsection (a) shall apply to aliens who enter the United

25 States on or after the date of enactment of this Act.
32

•S 1665 RS

1 SEC. 303. EXCLUSION FOR ECONOMIC ESPIONAGE OR THE

2 PIRACY OF INTELLECTUAL PROPERTY.

3 Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is

4 amended—

5 (1) by redesignating subparagraph (F) as sub6 paragraph (G); and

7 (2) by inserting after subparagraph (E) the

8 following:

9 ‘‘(F) ECONOMIC ESPIONAGE AND PIRACY

10 OF INTELLECTUAL PROPERTY.—Any person

11 convicted of, or who admits having committed,

12 an act in violation of any law, or who has vio13 lated any law, as determined by a court, per14 taining to economic espionage or the piracy of

15 intellectual property is excludable.’’.

16 SEC. 304. MAIL-ORDER BRIDE BUSINESS.

17 (a) CONGRESSIONAL FINDINGS.—The Congress

18 makes the following findings:

19 (1) There is a substantial ‘‘mail-order bride’’

20 business in the United States. With approximately

21 200 companies in the United States, an estimated

22 2,000 to 3,500 American men find wives through

23 mail-order bride catalogs each year. However, there

24 are no official statistics available on the number of

25 mail-order brides entering the United States each

26 year.
33

•S 1665 RS

1 (2) The companies engaged in the mail-order

2 bride business earn substantial profits from their

3 businesses.

4 (3) Although many of these mail-order mar5 riages work out, in many other cases, anecdotal evi6 dence suggests that mail-order brides often find

7 themselves in abusive relationships. There is also

8 evidence to suggest that a substantial number of

9 mail-order marriages constitute marriage fraud

10 under United States law.

11 (4) Many mail-order brides come to the United

12 States unaware or ignorant of United States immi13 gration law. Mail-order brides who are battered

14 spouses often think that if they flee an abusive mar15 riage, they will be deported. Often the citizen spouse

16 threatens to have them deported if they report the

17 abuse.

18 (5) The Immigration and Naturalization Serv19 ice estimates the rate of marriage fraud between for20 eign nationals and United States citizens or legal

21 permanent residents as eight percent. It is unclear

22 what percent of those marriage fraud cases origi23 nated as mail-order marriages.

24 (b) INFORMATION DISSEMINATION.—Each inter25 national matchmaking organization doing business in the
34

•S 1665 RS

1 United States shall disseminate to recruits, upon recruit2 ment, such immigration and naturalization information as

3 the Immigration and Naturalization Service deems appro4 priate, in the recruit’s native language, including informa5 tion regarding conditional permanent residence status,

6 permanent resident status, the battered spouse waiver of

7 conditional permanent resident status requirement, mar8 riage fraud penalties, immigrants’ rights, the unregulated

9 nature of the business, and the study mandated in sub10 section (c).

11 (c) STUDY.—The Attorney General, in consultation

12 with the Commissioner of Immigration and Naturalization

13 and the Violence Against Women Office of the Depart14 ment of Justice, shall conduct a study to determine,

15 among other things—

16 (1) the number of mail-order marriages;

17 (2) the extent of marriage fraud arising as a re18 sult of the services provided by international match19 making organizations;

20 (3) the extent to which mail-order spouses uti21 lize section 244(a)(3) of the Immigration and Na22 tionality Act providing for waiver of deportation in

23 the event of abuse, or section 204(a)(1)(A)(iii) of

24 such Act providing for self-petitioning for permanent

25 resident status;
35

•S 1665 RS

1 (4) the extent of domestic abuse in mail-order

2 marriages; and

3 (5) the need for continued or expanded regula4 tion and education to implement the objectives of

5 the Violence Against Women Act of 1994 in this

6 area.

7 (d) REPORT.—Not later than one year after the date

8 of enactment of this Act, the Attorney General shall sub9 mit a report to the Congress setting forth the results of

10 the study conducted under subsection (c).

11 (e) CIVIL PENALTY.—(1) The Attorney General shall

12 impose a civil penalty of not to exceed $20,000 for each

13 violation of subsection (b).

14 (2) Any penalty under paragraph (1) may be imposed

15 only after notice and opportunity for an agency hearing

16 on the record in accordance with sections 554 through 557

17 of title 5, United States Code.

18 (f) DEFINITIONS.—As used in this section:

19 (1) INTERNATIONAL MATCHMAKING ORGANIZA20 TION.—The term ‘‘international matchmaking orga21 nization’’ means a corporation, partnership, busi22 ness, or other legal entity, whether or not organized

23 under the laws of the United States or any State,

24 that does business in the United States and for prof25 it offers to United States citizens or permanent resi-
36

•S 1665 RS

1 dent aliens, dating, matrimonial, or social referral

2 services to nonresident, noncitizens, by—

3 (A) an exchange of names, telephone num4 bers, addresses, or statistics;

5 (B) selection of photographs; or

6 (C) a social environment provided by the

7 organization in a country other than the United

8 States.

9 (2) RECRUIT.—The term ‘‘recruit’’ means a

10 noncitizen, nonresident person, recruited by the

11 international matchmaking organization for the pur12 pose of providing dating, matrimonial, or social re13 ferral services to United States citizens or perma14 nent resident aliens.

15 TITLE IV—EFFECTIVE DATE

16 SEC. 401. EFFECTIVE DATE.

17 This Act, and the amendments made by this Act,

18 shall take effect on October 1, 1996.