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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2045 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2045

   To amend the Immigration and Nationality Act with respect to H-1B 
                          nonimmigrant aliens.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2000

    Mr. Hatch (for himself, Mr. Abraham, Mr. Gramm, Mr. Graham, Mr. 
    Lieberman, Mrs. Feinstein, Mr. Lott, Mr. Nickles, Mr. Mack, Mr. 
   Specter, Mr. DeWine, Mr. Ashcroft, Mr. McConnell, Mr. Gorton, Mr. 
Hagel, Mr. Bennett, Mr. Grams, Mr. Brownback, Mr. Smith of Oregon, and 
  Mr. Warner) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To amend the Immigration and Nationality Act with respect to H-1B 
                          nonimmigrant aliens.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Competitiveness in the 
Twenty-first Century Act of 2000''.

SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.

    In addition to the number of aliens who may be issued visas or 
otherwise provided nonimmigrant status under section 
101(a)(15)(H)(i)(b) (8 U.S.C. 1101 (a)(15)(H)(i)(b)), the following 
number of aliens may be issued such visas or otherwise provided such 
status for each of the following fiscal years:
            (1) 80,000 for fiscal year 2000;
            (2) 87,500 for fiscal year 2001; and
            (3) 130,000 for fiscal year 2002.

SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND 
              GRADUATE DEGREE RECIPIENTS.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following new paragraphs:
    ``(5) The numerical limitations contained in paragraph (1)(A)(iii) 
shall not apply to any nonimmigrant alien issued a visa or otherwise 
provided status under section 101(a)(15)(H)(i)(b)--
            ``(A) who is employed (or has received an offer of 
        employment) at--
                    ``(i) an institution of higher education (as 
                defined in section 101(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1001(a))), or a related or 
                affiliated nonprofit entity; or
                    ``(ii) a nonprofit research organization or a 
                governmental research organization; or
            ``(B) for whom a petition is filed not more than 90 days 
        before or not more than 180 days after the nonimmigrant has 
        attained a master's degree or higher degree from an institution 
        of higher education (as defined in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a))).''.
    ``(6) Any alien who ceases to be employed by an employer described 
in paragraph (5)(A) shall, if employed as a nonimmigrant alien 
described in section 101(a)(15)(H)(i)(b), be counted toward the 
numerical limitations contained in paragraph (1)(A)(iii) the first time 
the alien is employed by an employer other than one described in 
paragraph (5)(A).''.

SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-
              BASED IMMIGRANTS.

    (a) Special Rules.--Section 202(a) (8 U.S.C. 1152(a)) is amended by 
adding at the end the following new paragraph:
            ``(5) Rules for employment-based immigrants.--
                    ``(A) Employment-based immigrants not subject to 
                per country limitation if additional visas available.--
                If the total number of visas available under paragraph 
                (1), (2), (3), (4), or (5) of section 203(b) for a 
                calendar quarter exceeds the number of qualified 
                immigrants who may otherwise be issued such visas, the 
                visas made available under that paragraph shall be 
                issued without regard to the numerical limitation under 
                paragraph (2) of this subsection during the remainder 
                of the calendar quarter.
                    ``(B) Limiting fall across for certain countries 
                subject to subsection (e).--In the case of a foreign 
                state or dependent area to which subsection (e) 
                applies, if the total number of visas issued under 
                section 203(b) exceeds the maximum number of visas that 
                may be made available to immigrants of the state or 
                area under section 203(b) consistent with subsection 
                (e) (determined without regard to this paragraph), in 
                applying subsection (e) all visas shall be deemed to 
                have been required for the classes of aliens specified 
                in section 203(b).''.
    (b) Conforming Amendments.--
            (1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is amended by 
        striking ``paragraphs (3) and (4)'' and inserting ``paragraphs 
        (3), (4), and (5)''.
            (2) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is amended by 
        striking ``the proportion of the visa numbers'' and inserting 
        ``except as provided in subsection (a)(5), the proportion of 
        the visa numbers''.
    (c) One-Time Protection Under Per Country Ceiling.--Notwithstanding 
section 214(g)(4) of the Immigration and Nationality Act, any alien 
who--
            (1) is the beneficiary of a petition filed under section 
        204(a) for a preference status under paragraph (1), (2), or (3) 
        of section 203(b); and
            (2) would be subject to the per country limitations 
        applicable to immigrants under those paragraphs but for this 
        subsection,
may apply for, and the Attorney General may grant, an extension of such 
nonimmigrant status until the alien's application for adjustment of 
status has been processed and a decision made thereon.

SEC. 5. INCREASED PORTABILITY OF H-1B STATUS.

    (a) In General.--Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended by adding at the end the following new 
subsection:
    ``(m)(1) A nonimmigrant alien described in paragraph (2) who was 
previously issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(H)(i)(b) is authorized to accept new 
employment upon the filing by the prospective employer of a new 
petition on behalf of such nonimmigrant as provided under subsection 
(a). Employment authorization shall continue for such alien until the 
new petition is adjudicated. If the new petition is denied, employment 
authorization shall cease.
    ``(2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
            ``(A) who has been lawfully admitted into the United 
        States;
            ``(B) on whose behalf an employer has filed a nonfrivolous 
        application for new employment or extension of status before 
        the date of expiration of the period of stay authorized by the 
        Attorney General; and
            ``(C) who has not been employed without authorization in 
        the United States before or during the pendency of such 
        petition for new employment.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to petitions filed before, on, or after the date of enactment of 
this Act.

SEC. 6. EXTENSION OF AUTHORIZED STAY IN CASES OF LENGTHY ADJUDICATIONS.

    (a) Exemption From Limitation.--The limitation contained in section 
214(g)(4) of the Immigration and Nationality Act with respect to the 
duration of authorized stay shall not apply to any nonimmigrant alien 
previously issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality 
Act on whose behalf a petition under section 204(b) to accord the alien 
immigrant status under section 203(b), or an application for adjustment 
of status under section 245 to accord the alien status under section 
203(b), has been filed, if 365 days or more have elapsed since the 
filing of a labor certification application on the alien's behalf, if 
required for the alien to obtain status under section 203(b), or the 
filing of the petition under section 204(b).
    (b) Extension of H1-B Worker Status.--The Attorney General shall 
extend the stay of an alien who qualifies for an exemption under 
subsection (a) in one-year increments until such time as a final 
decision is made on the alien's lawful permanent residence.

SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH 
              FISCAL YEAR 2002.

    (a) Attestation Requirements.--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 ``October 1, 2001'' and inserting ``October 1, 2002''.
    (b) Fee Requirements.--Section 212(c)(9)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(c)(9)(A)) is amended in the text above 
clause (i) by striking ``October 1, 2001'' and inserting ``October 1, 
2002''.
    (c) Department of Labor Investigative Authorities.--Section 
413(e)(2) of the American Competitiveness and Workforce Improvement Act 
of 1998 (as contained in title IV of division C of Public Law 105-277) 
is amended by striking ``September 30, 2001'' and inserting ``September 
30, 2002''.

SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.

    Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 
1184 (g)(3)) is amended to read as follows:
    ``(3) Aliens who are subject to the numerical limitations of 
paragraph (1) shall be issued visas (or otherwise provided nonimmigrant 
status) in the order in which petitions are filed for such visas or 
status. If an alien who was issued a visa or otherwise provided 
nonimmigrant status and counted against the numerical limitations of 
paragraph (1) is found to have been issued such visa or otherwise 
provided such status by fraud or willfully misrepresenting a material 
fact and such visa or nonimmigrant status is revoked, then one number 
shall be restored to the total number of aliens who may be issued visas 
or otherwise provided such status under the numerical limitations of 
paragraph (1) in the fiscal year in which the petition is revoked, 
regardless of the fiscal year in which the petition was approved.''.

SEC. 9. NSF STUDY AND REPORT ON THE ``DIGITAL DIVIDE''.

    (a) Study.--The National Science Foundation shall conduct a study 
of the divergence in access to high technology (commonly referred to as 
the ``digital divide'') in the United States.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Director of the National Science Foundation shall 
submit a report to Congress setting forth the findings of the study 
conducted under subsection (a).
                                 <all>
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