II

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘American Competitive5 ness in the Twenty-first Century Act of 2000’’.

6 SEC. 2. TEMPORARY INCREASE IN VISA ALLOTMENTS.

7 In addition to the number of aliens who may be

8 issued visas or otherwise provided nonimmigrant status
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1 under section 101(a)(15)(H)(i)(b) (8 U.S.C. 1101

2 (a)(15)(H)(i)(b)), the following number of aliens may be

3 issued such visas or otherwise provided such status for

4 each of the following fiscal years:

5 (1) 80,000 for fiscal year 2000;

6 (2) 87,500 for fiscal year 2001; and

7 (3) 130,000 for fiscal year 2002.

8 SEC. 3. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FA9 CILITIES, AND GRADUATE DEGREE RECIPI10 ENTS.

11 Section 214(g) of the Immigration and Nationality

12 Act (8 U.S.C. 1184(g)) is amended by adding at the end

13 the following new paragraphs:

14 ‘‘(5) The numerical limitations contained in para15 graph (1)(A)(iii) shall not apply to any nonimmigrant

16 alien issued a visa or otherwise provided status under sec17 tion 101(a)(15)(H)(i)(b)—

18 ‘‘(A) who is employed (or has received an offer

19 of employment) at—

20 ‘‘(i) an institution of higher education (as

21 defined in section 101(a) of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1001(a))), or a

23 related or affiliated nonprofit entity; or

24 ‘‘(ii) a nonprofit research organization or a

25 governmental research organization; or
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1 ‘‘(B) for whom a petition is filed not more than

2 90 days before or not more than 180 days after the

3 nonimmigrant has attained a master’s degree or

4 higher degree from an institution of higher edu5 cation (as defined in section 101(a) of the Higher

6 Education Act of 1965 (20 U.S.C. 1001(a))).’’.

7 ‘‘(6) Any alien who ceases to be employed by an em8 ployer described in paragraph (5)(A) shall, if employed as

9 a nonimmigrant alien described in section

10 101(a)(15)(H)(i)(b), be counted toward the numerical lim11 itations contained in paragraph (1)(A)(iii) the first time

12 the alien is employed by an employer other than one de13 scribed in paragraph (5)(A).’’.

14 SEC. 4. LIMITATION ON PER COUNTRY CEILING WITH RE15 SPECT TO EMPLOYMENT-BASED IMMI16 GRANTS.

17 (a) SPECIAL RULES.—Section 202(a) (8 U.S.C.

18 1152(a)) is amended by adding at the end the following

19 new paragraph:

20 ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI21 GRANTS.—

22 ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS

23 NOT SUBJECT TO PER COUNTRY LIMITATION IF

24 ADDITIONAL VISAS AVAILABLE.—If the total

25 number of visas available under paragraph (1),
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1 (2), (3), (4), or (5) of section 203(b) for a cal2 endar quarter exceeds the number of qualified

3 immigrants who may otherwise be issued such

4 visas, the visas made available under that para5 graph shall be issued without regard to the nu6 merical limitation under paragraph (2) of this

7 subsection during the remainder of the calendar

8 quarter.

9 ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN

10 COUNTRIES SUBJECT TO SUBSECTION (e).—In

11 the case of a foreign state or dependent area to

12 which subsection (e) applies, if the total number

13 of visas issued under section 203(b) exceeds the

14 maximum number of visas that may be made

15 available to immigrants of the state or area

16 under section 203(b) consistent with subsection

17 (e) (determined without regard to this para18 graph), in applying subsection (e) all visas shall

19 be deemed to have been required for the classes

20 of aliens specified in section 203(b).’’.

21 (b) CONFORMING AMENDMENTS.—

22 (1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is

23 amended by striking ‘‘paragraphs (3) and (4)’’ and

24 inserting ‘‘paragraphs (3), (4), and (5)’’.
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1 (2) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is

2 amended by striking ‘‘the proportion of the visa

3 numbers’’ and inserting ‘‘except as provided in sub4 section (a)(5), the proportion of the visa numbers’’.

5 (c) ONE-TIME PROTECTION UNDER PER COUNTRY

6 CEILING.—Notwithstanding section 214(g)(4) of the Im7 migration and Nationality Act, any alien who—

8 (1) is the beneficiary of a petition filed under

9 section 204(a) for a preference status under para10 graph (1), (2), or (3) of section 203(b); and

11 (2) would be subject to the per country limita12 tions applicable to immigrants under those para13 graphs but for this subsection,

14 may apply for, and the Attorney General may grant, an

15 extension of such nonimmigrant status until the alien’s

16 application for adjustment of status has been processed

17 and a decision made thereon.

18 SEC. 5. INCREASED PORTABILITY OF H–1B STATUS.

19 (a) IN GENERAL.—Section 214 of the Immigration

20 and Nationality Act (8 U.S.C. 1184) is amended by add21 ing at the end the following new subsection:

22 ‘‘(m)(1) A nonimmigrant alien described in para23 graph (2) who was previously issued a visa or otherwise

24 provided nonimmigrant status under section

25 101(a)(15)(H)(i)(b) is authorized to accept new employ-
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1 ment upon the filing by the prospective employer of a new

2 petition on behalf of such nonimmigrant as provided under

3 subsection (a). Employment authorization shall continue

4 for such alien until the new petition is adjudicated. If the

5 new petition is denied, employment authorization shall

6 cease.

7 ‘‘(2) A nonimmigrant alien described in this para8 graph is a nonimmigrant alien—

9 ‘‘(A) who has been lawfully admitted into the

10 United States;

11 ‘‘(B) on whose behalf an employer has filed a

12 nonfrivolous application for new employment or ex13 tension of status before the date of expiration of the

14 period of stay authorized by the Attorney General;

15 and

16 ‘‘(C) who has not been employed without au17 thorization in the United States before or during the

18 pendency of such petition for new employment.’’.

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

20 subsection (a) shall apply to petitions filed before, on, or

21 after the date of enactment of this Act.

22 SEC. 6. EXTENSION OF AUTHORIZED STAY IN CASES OF

23 LENGTHY ADJUDICATIONS.

24 (a) EXEMPTION FROM LIMITATION.—The limitation

25 contained in section 214(g)(4) of the Immigration and Na-
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1 tionality Act with respect to the duration of authorized

2 stay shall not apply to any nonimmigrant alien previously

3 issued a visa or otherwise provided nonimmigrant status

4 under section 101(a)(15)(H)(i)(b) of the Immigration and

5 Nationality Act on whose behalf a petition under section

6 204(b) to accord the alien immigrant status under section

7 203(b), or an application for adjustment of status under

8 section 245 to accord the alien status under section

9 203(b), has been filed, if 365 days or more have elapsed

10 since the filing of a labor certification application on the

11 alien’s behalf, if required for the alien to obtain status

12 under section 203(b), or the filing of the petition under

13 section 204(b).

14 (b) EXTENSION OF H1–B WORKER STATUS.—The

15 Attorney General shall extend the stay of an alien who

16 qualifies for an exemption under subsection (a) in one-year

17 increments until such time as a final decision is made on

18 the alien’s lawful permanent residence.

19 SEC. 7. EXTENSION OF CERTAIN REQUIREMENTS AND AU20 THORITIES THROUGH FISCAL YEAR 2002.

21 (a) ATTESTATION REQUIREMENTS.—Section

22 212(n)(1)(E)(ii)) of the Immigration and Nationality Act

23 (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ‘‘Oc24 tober 1, 2001’’ and inserting ‘‘October 1, 2002’’.
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1 (b) FEE REQUIREMENTS.—Section 212(c)(9)(A) of

2 the Immigration and Nationality Act (8 U.S.C.

3 1182(c)(9)(A)) is amended in the text above clause (i) by

4 striking ‘‘October 1, 2001’’ and inserting ‘‘October 1,

5 2002’’.

6 (c) DEPARTMENT OF LABOR INVESTIGATIVE AU7 THORITIES.—Section 413(e)(2) of the American Competi8 tiveness and Workforce Improvement Act of 1998 (as con9 tained in title IV of division C of Public Law 105–277)

10 is amended by striking ‘‘September 30, 2001’’ and insert11 ing ‘‘September 30, 2002’’.

12 SEC. 8. RECOVERY OF VISAS USED FRAUDULENTLY.

13 Section 214(g)(3) of the Immigration and Nationality

14 Act (8 U.S.C. 1184 (g)(3)) is amended to read as follows:

15 ‘‘(3) Aliens who are subject to the numerical limita16 tions of paragraph (1) shall be issued visas (or otherwise

17 provided nonimmigrant status) in the order in which peti18 tions are filed for such visas or status. If an alien who

19 was issued a visa or otherwise provided nonimmigrant sta20 tus and counted against the numerical limitations of para21 graph (1) is found to have been issued such visa or other22 wise provided such status by fraud or willfully misrepre23 senting a material fact and such visa or nonimmigrant sta24 tus is revoked, then one number shall be restored to the

25 total number of aliens who may be issued visas or other-
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1 wise provided such status under the numerical limitations

2 of paragraph (1) in the fiscal year in which the petition

3 is revoked, regardless of the fiscal year in which the peti4 tion was approved.’’.

5 SEC. 9. NSF STUDY AND REPORT ON THE ‘‘DIGITAL DIVIDE’’.

6 (a) STUDY.—The National Science Foundation shall

7 conduct a study of the divergence in access to high tech8 nology (commonly referred to as the ‘‘digital divide’’) in

9 the United States.

10 (b) REPORT.—Not later than 18 months after the

11 date of enactment of this Act, the Director of the National

12 Science Foundation shall submit a report to Congress set13 ting forth the findings of the study conducted under sub14 section (a).

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