I 

108TH CONGRESS 

2D SESSION H. R. 4166 

To amend the Immigration and Nationality Act with respect to nonimmigrants 

described in subparagraphs (H)(i)(b) and (L) of section 101(a)(15) of 

such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2004 

Mr. SMITH of Texas (for himself, Mr. CARTER, Mr. FLAKE, Mr. CHABOT, Mr. 

GOODLATTE, and Mr. MCKEON) introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act with respect 

to nonimmigrants described in subparagraphs (H)(i)(b) 

and (L) of section 101(a)(15) of such Act, and for other 

purposes. 

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 Workforce 

5 Improvement and Jobs Protection Act’’. 
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1 SEC. 2. EXEMPTING ALIENS EARNING MASTER’S OR HIGH2 ER DEGREE IN UNITED STATES FROM NU3 MERICAL LIMITATIONS ON H–1B NON4 IMMIGRANTS. 

5 Section 214(g) of the Immigration and Nationality 

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

7 the following: 

8 ‘‘(9) For any fiscal year, the applicable numerical 

9 limitation contained in paragraph (1)(A) shall not apply 

10 to any nonimmigrant alien issued a visa or otherwise pro11 vided status under section 101(a)(15)(H)(i)(b) who has 

12 earned a master’s or higher degree from an institution of 

13 higher education (as defined in section 101(a) of the High14 er Education Act of 1965 (20 U.S.C. 1001(a))), until the 

15 number of aliens who are exempted from such numerical 

16 limitation during such year exceeds 20,000.’’. 

17 SEC. 3. MAKING PERMANENT CERTAIN REQUIREMENTS 

18 AND AUTHORITIES WITH RESPECT TO H–1B 

19 NONIMMIGRANTS. 

20 (a) ATTESTATION REQUIREMENTS.—Section 

21 212(n)(1)(E)(ii) of the Immigration and Nationality Act 

22 (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ‘‘sub23 paragraph, and before October 1, 2003,’’ and inserting 

24 ‘‘subparagraph’’. 
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1 (b) FEE.—Section 214(c)(9)(A) of the Immigration 

2 and Nationality Act (8 U.S.C. 1184(c)(9)(A)) is amended 

3 by striking ‘‘before October 1, 2003’’. 

4 (c) DEPARTMENT OF LABOR INVESTIGATIVE AU5 THORITIES.—Section 413(e)(2) of the American Competi6 tiveness and Workforce Improvement Act of 1998 (8 

7 U.S.C. 1182 note) is repealed. 

8 (d) EFFECTIVE DATES.— 

9 (1) ATTESTATION REQUIREMENTS.—The 

10 amendment made by subsection (a) shall apply to 

11 applications under section 212(n)(1) of the Immigra12 tion and Nationality Act filed on or after the date 

13 that is 30 days after the date of the enactment of 

14 this Act. 

15 (2) FEE.—The amendment made by subsection 

16 (b) shall apply to petitions under section 214(c) of 

17 the Immigration and Nationality Act filed on or 

18 after the date that is 30 days after the date of the 

19 enactment of this Act. 

20 (3) DEPARTMENT OF LABOR INVESTIGATIVE

21 AUTHORITY.—The amendment made by subsection 

22 (c) shall take effect on the date of the enactment of 

23 this Act. 
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1 SEC. 4. FRAUD PREVENTION AND DETECTION FEE. 

2 (a) IMPOSITION OF FEE.—Section 214(c) of the Im3 migration and Nationality Act (8 U.S.C. 1184(c)) is 

4 amended by adding at the end the following: 

5 ‘‘(12)(A) In addition to any other fees authorized by 

6 law, the Secretary of Homeland Security shall impose a 

7 fraud prevention and detection fee on an employer filing 

8 a petition under paragraph (1)— 

9 ‘‘(i) initially to grant an alien nonimmigrant 

10 status described in subparagraph (H)(i)(b) or (L) of 

11 section 101(a)(15); or 

12 ‘‘(ii) to obtain authorization for an alien having 

13 such status to change employers. 

14 ‘‘(B) In addition to any other fees authorized by law, 

15 the Secretary of State shall impose a fraud prevention and 

16 detection fee on an alien filing an application abroad for 

17 a visa authorizing admission to the United States as a 

18 nonimmigrant described in section 101(a)(15)(L), if the 

19 alien is covered under a blanket petition described in para20 graph (2)(A). 

21 ‘‘(C) The amount of the fee imposed under subpara22 graph (A) or (B) shall be $500. 

23 ‘‘(D) The fee imposed under subparagraph (A) or (B) 

24 shall only apply to principal aliens and not to the spouses 

25 or children who are accompanying or following to join such 

26 principal aliens. 
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1 ‘‘(E) Fees collected under this paragraph shall be de2 posited in the Treasury in accordance with section 

3 286(v).’’. 

4 (b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.— 

5 Section 286 of the Immigration and Nationality Act (8 

6 U.S.C. 1356) is amended by adding at the end the fol7 lowing: 

8 ‘‘(v) H–1B AND L FRAUD PREVENTION AND DETEC9 TION ACCOUNT.— 

10 ‘‘(1) IN GENERAL.—There is established in the 

11 general fund of the Treasury a separate account, 

12 which shall be known as the ‘H–1B and L Fraud 

13 Prevention and Detection Account’. Notwithstanding 

14 any other provision of law, there shall be deposited 

15 as offsetting receipts into the account all fees col16 lected under section 214(c)(12). 

17 ‘‘(2) USE OF FEES TO COMBAT FRAUD.— 

18 ‘‘(A) SECRETARY OF STATE.—One-third of 

19 the amounts deposited into the H–1B and L 

20 Fraud Prevention and Detection Account shall 

21 remain available to the Secretary of State until 

22 expended for programs and activities at United 

23 States embassies and consulates abroad— 

24 ‘‘(i) to increase the number diplomatic 

25 security personnel assigned exclusively to 
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1 the function of preventing and detecting 

2 fraud by applicants for visas described in 

3 subparagraph (H)(i) or (L) of section 

4 101(a)(15); 

5 ‘‘(ii) otherwise to prevent and detect 

6 such fraud pursuant to the terms of a 

7 memorandum of understanding or other 

8 cooperative agreement between the Sec9 retary of State and the Secretary of Home10 land Security; and 

11 ‘‘(iii) upon request by the Secretary of 

12 Homeland Security, to assist such Sec13 retary in carrying out the fraud prevention 

14 and detection programs and activities de15 scribed in subparagraph (B). 

16 ‘‘(B) SECRETARY OF HOMELAND SECU17 RITY.—One-third of the amounts deposited into 

18 the H–1B and L Fraud Prevention and Detec19 tion Account shall remain available to the Sec20 retary of Homeland Security until expended for 

21 programs and activities to prevent and detect 

22 fraud with respect to petitions under paragraph 

23 (1) or (2)(A) of section 214(c) to grant an alien 

24 nonimmigrant status described in subparagraph 

25 (H)(i) or (L) of section 101(a)(15). 
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1 ‘‘(C) SECRETARY OF LABOR.—One-third of 

2 the amounts deposited into the H–1B and L 

3 Fraud Prevention and Detection Account shall 

4 remain available to the Secretary of Labor until 

5 expended for enforcement programs and activi6 ties described in section 212(n). 

7 ‘‘(D) CONSULTATION.—The Secretary of 

8 State, the Secretary of Homeland Security, and 

9 the Secretary of Labor shall consult one an10 other with respect to the use of the funds in the 

11 H–1B and L Fraud Prevention and Detection 

12 Account.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the date of the enactment 

15 of this Act, and the fees imposed under such amendments 

16 shall apply to petitions under section 214(c) of the Immi17 gration and Nationality Act, and applications for non18 immigrant visas under section 222 of such Act, filed on 

19 or after the date that is 90 days after the date of the 

20 enactment of this Act. 

21 SEC. 5. ENSURING INTEGRITY OF VISAS FOR 

22 INTRACOMPANY TRANSFEREES. 

23 (a) NONIMMIGRANT L–1 VISA CATEGORY.— 
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1 (1) IN GENERAL.—Section 214(c)(2) of the Im2 migration and Nationality Act (8 U.S.C. 1184(c)(2)) 

3 is amended by adding at the end the following: 

4 ‘‘(F) An alien who will serve in a capacity involving 

5 specialized knowledge with respect to an employer for pur6 poses of section 101(a)(15)(L) and will be stationed pri7 marily at the worksite of an employer other than the peti8 tioning employer or its affiliate, subsidiary, or parent shall 

9 not be eligible for classification under section 

10 101(a)(15)(L) if— 

11 ‘‘(i) the alien will be controlled and supervised 

12 principally by such unaffiliated employer; or 

13 ‘‘(ii) the placement of the alien at the worksite 

14 of the unaffiliated employer is part of an arrange15 ment merely to provide labor for the unaffiliated em16 ployer rather than in connection with the provision 

17 of a product or service for which specialized knowl18 edge specific to the petitioning employer is nec19 essary.’’. 

20 (2) APPLICABILITY.—The amendment made by 

21 paragraph (1) shall apply to petitions filed on or 

22 after the effective date of this section, whether for 

23 initial, extended, or amended classification. 
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1 (b) REQUIREMENT FOR PRIOR CONTINUOUS EM2 PLOYMENT FOR CERTAIN INTRACOMPANY TRANS3 FEREES.— 

4 (1) IN GENERAL.—Section 214(c)(2)(A) of the 

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

6 1184(c)(2)(A)) is amended by striking the last sen7 tence (relating to reduction of the 1-year period of 

8 continuous employment abroad to 6 months). 

9 (2) APPLICABILITY.—The amendment made by 

10 paragraph (1) shall apply only to petitions for initial 

11 classification filed on or after the effective date of 

12 this section. 

13 (c) MAINTENANCE OF STATISTICS.— 

14 (1) IN GENERAL.—The Secretary of Homeland 

15 Security shall maintain statistics regarding petitions 

16 filed, approved, extended, and amended with respect 

17 to nonimmigrants described in section 101(a)(15)(L) 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 1101(a)(15)(L)), including the number of such non20 immigrants who are classified on the basis of spe21 cialized knowledge and the number of non22 immigrants who are classified on the basis of spe23 cialized knowledge in order to work primarily at off24 site locations. 
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1 (2) APPLICABILITY.—Paragraph (1) shall apply 

2 to petitions filed on or after the effective date of this 

3 section. 

4 (d) EFFECTIVE DATE.—This section and the amend5 ments made by this section shall take effect 180 days after 

6 the date of the enactment of this Act. 

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