I 

109TH CONGRESS 

1ST SESSION H. R. 1587 

To match willing United States workers with employers, to increase and 

fairly apportion H–2B visas, and to ensure that H–2B visas serve their 

intended purpose. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2005 

Mr. TANCREDO (for himself, Mr. JONES of North Carolina, Mr. COBLE, and 

Mr. GARRETT of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To match willing United States workers with employers, to 

increase and fairly apportion H–2B visas, and to ensure 

that H–2B visas serve their intended purpose. 

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

3 SECTION 1. MATCHING WILLING UNITED STATES WORKERS 

4 WITH EMPLOYERS. 

5 (a) IN GENERAL.—Section 212 of the Immigration 

6 and Nationality Act (8 U.S.C. 1182) is amended— 

7 (1) by redesignating the subsection (t) added by 

8 section 1(b)(2) of Public Law 108–449 (118 Stat. 

9 3470) as subsection (u); and 
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1 (2) by adding at the end the following: 

2 ‘‘(v)(1) No alien may be admitted or provided status 

3 as a nonimmigrant under section 101(a)(15)(H)(ii)(b) un4 less the employer, in addition to meeting all other require5 ments specified in this Act, has filed with the Secretary 

6 of Homeland Security and the Secretary of Labor the fol7 lowing: 

8 ‘‘(A) A signed attestation stating that the em9 ployer, prior to filing the attestation, advertised each 

10 position for which the employer seeks such a non11 immigrant on the Internet-based job database pro12 vided jointly by the Department of Labor and State 

13 employment security agencies and known as ‘Amer14 ica’s Job Bank’ for at least 14 consecutive days. 

15 ‘‘(B) Documentation from the employer’s ac16 count on such database showing the number of jobs 

17 posted by the employer and the number of resumes 

18 the employer received in response to each job post19 ing. 

20 ‘‘(2)(A) The Secretary of Labor, in consultation with 

21 the Secretary of Homeland Security, shall establish proce22 dures to verify the accuracy and veracity of the docu23 mentation required under paragraph (1)(B). 

24 ‘‘(B) An employer found to have submitted false or 

25 inaccurate documentation shall be ineligible to file a peti-
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1 tion under section 214(c)(1) with respect to any non2 immigrant under section 101(a)(15)(H)(ii)(b)—

3 ‘‘(i) for a period of 3 years in the case of a first 

4 violation; and 

5 ‘‘(ii) for a period of 10 years in the case of a 

6 second or subsequent violation.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall take effect 180 days after the date 

9 of the enactment of this Act. 

10 SEC. 2. MATCHING NONIMMIGRANT WORKERS WITH EM11 PLOYERS. 

12 (a) IN GENERAL.—Section 214(g)(1) of the Immi13 gration and Nationality Act (8 U.S.C. 1184(g)(1)(B)) is 

14 amended to read as follows: 

15 ‘‘(B) under section 101(a)(15)(H)(ii)(b) may 

16 not exceed 131,000, of which not more than 65,500 

17 aliens shall be issued visas or otherwise provided 

18 nonimmigrant status during the first 6 months of 

19 such fiscal year.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 subsection (a) shall take effect on the first day of the first 

22 fiscal year beginning after the date of the enactment of 

23 this Act. 
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1 SEC. 3. ENSURING THAT H–2B WORKERS RETURN HOME. 

2 (a) DISCOURAGING COMMUNITY TIES.—Section 

3 101(a)(15)(H) of the Immigration and Nationality Act (8 

4 U.S.C. 1101(a)(15)(H)) is amended, in the matter fol5 lowing clause (iii), by striking ‘‘this paragraph if accom6 panying’’ and inserting ‘‘this subparagraph, except any 

7 alien described in section 101(a)(15)(H)(ii)(b), if accom8 panying’’. 

9 (b) ESTABLISHING REALISTIC EXPECTATIONS.—Sec10 tion 214(b) of the Immigration and Nationality Act (8 

11 U.S.C. 1184(b)) is amended— 

12 (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; 

13 and 

14 (2) by adding at the end the following: 

15 ‘‘(2) In order to overcome the presumption described 

16 in paragraph (1), an alien seeking the nonimmigrant sta17 tus described in section 101(a)(15)(H)(ii)(b), at the time 

18 of application for a nonimmigrant visa, shall be required 

19 to execute as a contract an affidavit— 

20 ‘‘(A) stating that the alien understands the 

21 terms of such nonimmigrant status, including the 

22 prohibition on accompanying family members and 

23 the requirement that the alien depart the United 

24 States before the alien’s period of authorized stay 

25 expires; 

26 ‘‘(B) stating that the alien agrees— 
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1 ‘‘(i) to depart the United States in full 

2 compliance with the requirements of the entry 

3 and exit data system (as defined in section 

4 7208(b) of the Intelligence Reform and Ter5 rorism Prevention Act of 2004 (8 U.S.C. 

6 1365b(b))), once such requirements are imple7 mented at the port of departure from which the 

8 alien intends to departs; and 

9 ‘‘(ii) to appear in person before an immi10 gration inspector immediately prior to depar11 ture from the United States so that the inspec12 tor can record the alien’s departure until such 

13 time as such requirements are implemented; 

14 and 

15 ‘‘(C) affirming that the alien understands that 

16 the alien will be permanently ineligible for any immi17 grant or nonimmigrant visa should the alien fail to 

18 depart the United States in the manner described in 

19 subparagraph (B). 

20 ‘‘(3) At each port of departure where the exit proce21 dures of the system referred to in paragraph (2)(B)(i) 

22 have not been implemented or are not functional at all 

23 times the port is open, the Secretary of Homeland Secu24 rity shall designate at least one inspector during each shift 
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1 to record the departure of nonimmigrants described in sec2 tion 101(a)(15)(H)(ii)(b).’’. 

3 SEC. 4. MANDATORY PARTICIPATION IN BASIC PILOT PRO4 GRAM. 

5 Section 402(e) of the Illegal Immigration Reform and 

6 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

7 note) is amended—

8 (1) by redesignating paragraph (3) as para9 graph (4); and 

10 (2) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) EMPLOYERS OF H–2B NONIMMIGRANTS.—

13 Beginning January 1, 2006, any employer who em14 ploys one or more aliens described in section 

15 101(a)(15)(H)(ii)(b) of the Immigration and Nation16 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) shall par17 ticipate in, and comply with the terms of, the basic 

18 pilot program described in section 403(a) with re19 spect to all hiring, recruitment, or referral conducted 

20 by the employer. In addition to the consequences de21 scribed in paragraph (4), failure to comply with the 

22 preceding sentence shall result in permanent revoca23 tion by the Secretary of Homeland Security of the 

24 authority of the employer to employ aliens described 

25 in such section 101(a)(15)(H)(ii)(b).’’. 
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1 SEC. 5. OFFSETS FOR THE INCREASE IN H–2B CAP. 

2 (a) ELIMINATION OF DIVERSITY IMMIGRANT PRO3 GRAM.— 

4 (1) WORLDWIDE LEVEL OF DIVERSITY IMMI5 GRANTS.—Section 201 of the Immigration and Na6 tionality Act (8 U.S.C. 1151) is amended— 

7 (A) in subsection (a)— 

8 (i) by inserting ‘‘and’’ at the end of 

9 paragraph (1); 

10 (ii) by striking ‘‘; and’’ at the end of 

11 paragraph (2) and inserting a period; and 

12 (iii) by striking paragraph (3); and 

13 (B) by striking subsection (e). 

14 (2) ALLOCATION OF DIVERSITY IMMIGRANT

15 VISAS.—Section 203 of such Act (8 U.S.C. 1153) is 

16 amended— 

17 (A) by striking subsection (c); 

18 (B) in subsection (d), by striking ‘‘(a), (b), 

19 or (c),’’ and inserting ‘‘(a) or (b),’’; 

20 (C) in subsection (e), by striking para21 graph (2) and redesignating paragraph (3) as 

22 paragraph (2); 

23 (D) in subsection (f), by striking ‘‘(a), (b), 

24 or (c)’’ and inserting ‘‘(a) or (b)’’; and 

25 (E) in subsection (g), by striking ‘‘(a), (b), 

26 and (c)’’ and inserting ‘‘(a) and (b)’’. 
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1 (3) PROCEDURE FOR GRANTING IMMIGRANT

2 STATUS.—Section 204 of such Act (8 U.S.C. 1154) 

3 is amended— 

4 (A) by striking subsection (a)(1)(I); and 

5 (B) in subsection (e), by striking ‘‘(a), (b), 

6 or (c)’’ and inserting ‘‘(a) or (b)’’. 

7 (b) ELIMINATION OF ‘‘OTHER WORKERS’’ CLASSI8 FICATION.— 

9 (1) WORLDWIDE LEVEL OF EMPLOYMENT10 BASED IMMIGRANTS.—Section 201(d)(1)(A) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1151(d)(1) (A)) is amended by striking ‘‘140,000,’’ 

13 and inserting ‘‘130,000,’’. 

14 (2) PREFERENCE ALLOCATION FOR EMPLOY15 MENT-BASED IMMIGRANTS.—Section 203(b) of the 

16 Immigration and Nationality Act (8 U.S.C. 1153(b)) 

17 is amended— 

18 (A) in paragraph (1), by striking ‘‘28.6’’ 

19 and inserting ‘‘30.8’’; 

20 (B) in paragraph (2), by striking ‘‘28.6’’ 

21 and inserting ‘‘30.8’’; 

22 (C) in paragraph (3)— 

23 (i) in subparagraph (A)— 

24 (I) by striking ‘‘28.6’’ and insert25 ing ‘‘23.1’’; and 
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1 (II) by striking clause (iii); 

2 (ii) by striking subparagraph (B); and 

3 (iii) by redesignating subparagraph 

4 (C) as subparagraph (B); 

5 (D) in paragraph (4), by striking ‘‘7.1’’ 

6 and inserting ‘‘7.65’’; and 

7 (E) in paragraph (5), by striking ‘‘7.1’’ 

8 and inserting ‘‘7.65’’. 

9 (c) MODIFICATIONS TO ‘‘NACARA’’ TEMPORARY RE10 DUCTIONS.—Section 203 of the Nicaraguan Adjustment 

11 and Central American Relief Act (8 U.S.C. 1101 note) 

12 is amended— 

13 (1) by amending the subsection heading of sub14 section (d) to read as follows: ‘‘TEMPORARY REDUC15 TION IN VISAS FOR BROTHERS AND SISTERS OF

16 CITIZENS.—’’; 

17 (2) in paragraph (1) of subsection (d), by strik18 ing ‘‘section 201(e)’’ and all that follows through the 

19 period and inserting ‘‘section 203(a)(4) of the Immi20 gration and Nationality Act shall be reduced by 

21 10,000 from the number of visas otherwise available 

22 under such section for such fiscal year.’’; 

23 (3) by striking subsection (e); and 

24 (4) by redesignating subsection (f) as sub25 section (e). 
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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the first day of the first 

3 fiscal year that begins after the date of the enactment of 

4 this Act. 

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