I 
109TH CONGRESS 
1ST SESSION H. R. 4378 
To amend the Immigration and Nationality Act to provide greater protections 
to domestic and foreign workers under the H–1B nonimmigrant worker 
program. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2005 
Mr. PASCRELL (for himself, Mr. OWENS, Ms. WATERS, and Ms. KILPATRICK 
of Michigan) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to provide 
greater protections to domestic and foreign workers 
under the H–1B nonimmigrant worker program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Defend the American Dream Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Wage determination. 
Sec. 3. Good faith recruitment requirement.
Sec. 4. Notice requirement. 
Sec. 5. Reduction of period of authorized admission as H–1B nonimmigrant. 
Sec. 6. Removal of exemption from H–1B numerical limitation for certain 
aliens. 
Sec. 7. Requirement of a degree from certain institutions for H–1B specialty 
occupation nonimmigrants. 
Sec. 8. Tripling H–1B nonimmigrant petitioner fee. 
Sec. 9. Labor enforcement. 
Sec. 10. Private right of action. 
Sec. 11. Application of nondisplacement requirement to all H–1B employers. 
SEC. 2. WAGE DETERMINATION. 
(a) 
CHANGE
IN
MINIMUM
WAGES.—Section 
212(n)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(1)(A)) is amended to read as follows: 
‘‘(A) The employer— 
‘‘(i) is offering and will offer during the 
period of authorized employment to aliens ad-
mitted or provided status as an H–1B non-
immigrant wages that are at least— 
‘‘(I) the locally determined prevailing 
wage level for the occupational classifica-
tion in the area of employment; 
‘‘(II) the median average wage for all 
workers in the occupational classification 
in the area of employment; or 
‘‘(III) the median wage for skill level 
two in the occupational classification found 
in the most recent Occupational Employ-
ment Statistics survey;
whichever is greatest, based on the best infor-
mation available as of the time of filing of the 
application; and 
‘‘(ii) will provide working conditions for 
such nonimmigrant that will not adversely af-
fect the working conditions of workers similarly 
employed. 
The wage determination methodology used under 
clause (i) shall be submitted with the application.’’. 
(b) PROVISION OF W–2 FORMS.—Section 212(n)(1) 
of such Act (8 U.S.C. 1182(n)(1)) is amended by inserting 
after subparagraph (G) the following new subparagraph: 
‘‘(H) If the employer employed, in such pre-
vious period as the Secretary shall specify, one or 
more H–1B nonimmigrants, the application shall be 
accompanied by the Internal Revenue Service Form 
W–2 Wage and Tax Statement filed by the employer 
with respect to such nonimmigrants for such pe-
riod.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to applications filed on or after 
the date of the enactment of this Act.
SEC. 3. GOOD FAITH RECRUITMENT REQUIREMENT. 
(a) EXTENDING TIME PERIOD FOR NO DISPLACE-
MENT.—Section 212(n) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(n)) is amended— 
(1) in paragraph (1)(E)(i), by striking ‘‘90 
days’’ and inserting ‘‘180 days’’ each place it ap-
pears; and 
(2) in paragraph (2)(C)(iii), in the matter be-
fore subclause (I), by striking ‘‘90 days’’ and insert-
ing ‘‘180 days’’ each place it appears. 
(b) REQUIRING
ACTIVE
RECRUITMENT.—Section 
212(n)(1)(G)(i)(I) 
of 
such 
Act 
(8 
U.S.C. 
1182(n)(1)(G)(i)(I)) is amended by inserting ‘‘actively’’ 
before ‘‘recruit’’. 
(c) PROHIBITION
OF
OUTPLACEMENT.—Section 
212(n) of such Act (8 U.S.C. 1182(n)) is amended— 
(1) by amending subparagraph (F) of para-
graph (1) to read as follows: 
‘‘(F) The employer shall not place, out-source, 
lease, or otherwise contract for the placement of an 
alien admitted or provided status as an H–1B non-
immigrant with another employer, regardless of 
whether or not such other employer is an H–1B-de-
pendent employer.’’; and 
(2) by striking subparagraph (E) of paragraph 
(2).
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to applications filed on or after 
the date of the enactment of this Act, except that the 
amendments made by subsection (a) shall not apply to dis-
placements for periods occurring more than 90 days before 
such date. 
SEC. 4. NOTICE REQUIREMENT. 
(a) IN GENERAL.—Section 212(n) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(n)) is further 
amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by inserting ‘‘and the employer 
certifies that the prior notice requirement of para-
graph (6) has been met with respect to the applica-
tion’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) For purposes of paragraph (1), the prior notice 
requirement of this paragraph, with respect to an applica-
tion of an employer, is that employer has made copies of 
the application (or, a summary of essential information 
derived from such application, including the number of H– 
1B nonimmigrants being sought, their occupational classi-
fications, the wages offered, the period of intended em-
ployment, the locations at which they will be employed,
and a statement that a copy of the application is available 
for public inspection in conspicuous locations at the em-
ployer’s principal place of business and at worksites where 
H–1B nonimmigrants will be employed) accessible for ex-
amination by affected United States and foreign workers 
at least 30 days in advance of the filing of the application 
with the Secretary of Labor through— 
‘‘(A) posting of such application (or summary) 
in conspicuous locations at worksites where H–1B 
nonimmigrants will be employed; 
‘‘(B) electronic notification to employees in the 
occupational 
classifications 
for 
which 
H–1B 
nnimmigrants are being sought; and 
‘‘(C) provision of a copy of the application to 
each H–1B nonimmigrant on whose behalf the appli-
cation is being filed.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to applications filed more than 
30 days after the date of the enactment of this Act. 
SEC. 5. REDUCTION OF PERIOD OF AUTHORIZED ADMIS-
SION AS H–1B NONIMMIGRANT. 
(a) IN GENERAL.—Section 214(g)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(g)(4)) is 
amended by striking ‘‘6 years’’ and inserting ‘‘3 years’’.