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 re-
ferred 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MATCHING WILLING UNITED STATES WORKERS 
WITH EMPLOYERS. 
(a) IN GENERAL.—Section 212 of the Immigration 
and Nationality Act (8 U.S.C. 1182) is amended— 
(1) by redesignating the subsection (t) added by 
section 1(b)(2) of Public Law 108–449 (118 Stat. 
3470) as subsection (u); and
(2) by adding at the end the following: 
‘‘(v)(1) No alien may be admitted or provided status 
as a nonimmigrant under section 101(a)(15)(H)(ii)(b) un-
less the employer, in addition to meeting all other require-
ments specified in this Act, has filed with the Secretary 
of Homeland Security and the Secretary of Labor the fol-
lowing: 
‘‘(A) A signed attestation stating that the em-
ployer, prior to filing the attestation, advertised each 
position for which the employer seeks such a non-
immigrant on the Internet-based job database pro-
vided jointly by the Department of Labor and State 
employment security agencies and known as ‘Amer-
ica’s Job Bank’ for at least 14 consecutive days. 
‘‘(B) Documentation from the employer’s ac-
count on such database showing the number of jobs 
posted by the employer and the number of resumes 
the employer received in response to each job post-
ing. 
‘‘(2)(A) The Secretary of Labor, in consultation with 
the Secretary of Homeland Security, shall establish proce-
dures to verify the accuracy and veracity of the docu-
mentation required under paragraph (1)(B). 
‘‘(B) An employer found to have submitted false or 
inaccurate documentation shall be ineligible to file a peti-
tion under section 214(c)(1) with respect to any non-
immigrant under section 101(a)(15)(H)(ii)(b)—
‘‘(i) for a period of 3 years in the case of a first 
violation; and 
‘‘(ii) for a period of 10 years in the case of a 
second or subsequent violation.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 180 days after the date 
of the enactment of this Act. 
SEC. 2. MATCHING NONIMMIGRANT WORKERS WITH EM-
PLOYERS. 
(a) IN GENERAL.—Section 214(g)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(g)(1)(B)) is 
amended to read as follows: 
‘‘(B) under section 101(a)(15)(H)(ii)(b) may 
not exceed 131,000, of which not more than 65,500 
aliens shall be issued visas or otherwise provided 
nonimmigrant status during the first 6 months of 
such fiscal year.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the first day of the first 
fiscal year beginning after the date of the enactment of 
this Act.
SEC. 3. ENSURING THAT H–2B WORKERS RETURN HOME. 
(a) 
DISCOURAGING
COMMUNITY
TIES.—Section 
101(a)(15)(H) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)) is amended, in the matter fol-
lowing clause (iii), by striking ‘‘this paragraph if accom-
panying’’ and inserting ‘‘this subparagraph, except any 
alien described in section 101(a)(15)(H)(ii)(b), if accom-
panying’’. 
(b) ESTABLISHING REALISTIC EXPECTATIONS.—Sec-
tion 214(b) of the Immigration and Nationality Act (8 
U.S.C. 1184(b)) is amended— 
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; 
and 
(2) by adding at the end the following: 
‘‘(2) In order to overcome the presumption described 
in paragraph (1), an alien seeking the nonimmigrant sta-
tus described in section 101(a)(15)(H)(ii)(b), at the time 
of application for a nonimmigrant visa, shall be required 
to execute as a contract an affidavit— 
‘‘(A) stating that the alien understands the 
terms of such nonimmigrant status, including the 
prohibition on accompanying family members and 
the requirement that the alien depart the United 
States before the alien’s period of authorized stay 
expires; 
‘‘(B) stating that the alien agrees—
‘‘(i) to depart the United States in full 
compliance with the requirements of the entry 
and exit data system (as defined in section 
7208(b) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (8 U.S.C. 
1365b(b))), once such requirements are imple-
mented at the port of departure from which the 
alien intends to departs; and 
‘‘(ii) to appear in person before an immi-
gration inspector immediately prior to depar-
ture from the United States so that the inspec-
tor can record the alien’s departure until such 
time as such requirements are implemented; 
and 
‘‘(C) affirming that the alien understands that 
the alien will be permanently ineligible for any immi-
grant or nonimmigrant visa should the alien fail to 
depart the United States in the manner described in 
subparagraph (B). 
‘‘(3) At each port of departure where the exit proce-
dures of the system referred to in paragraph (2)(B)(i) 
have not been implemented or are not functional at all 
times the port is open, the Secretary of Homeland Secu-
rity shall designate at least one inspector during each shift
to record the departure of nonimmigrants described in sec-
tion 101(a)(15)(H)(ii)(b).’’. 
SEC. 4. MANDATORY PARTICIPATION IN BASIC PILOT PRO-
GRAM. 
Section 402(e) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended—
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) EMPLOYERS OF H–2B NONIMMIGRANTS.—
Beginning January 1, 2006, any employer who em-
ploys one or more aliens described in section 
101(a)(15)(H)(ii)(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) shall par-
ticipate in, and comply with the terms of, the basic 
pilot program described in section 403(a) with re-
spect to all hiring, recruitment, or referral conducted 
by the employer. In addition to the consequences de-
scribed in paragraph (4), failure to comply with the 
preceding sentence shall result in permanent revoca-
tion by the Secretary of Homeland Security of the 
authority of the employer to employ aliens described 
in such section 101(a)(15)(H)(ii)(b).’’.
SEC. 5. OFFSETS FOR THE INCREASE IN H–2B CAP. 
(a) ELIMINATION OF DIVERSITY IMMIGRANT PRO-
GRAM.— 
(1) WORLDWIDE LEVEL OF DIVERSITY IMMI-
GRANTS.—Section 201 of the Immigration and Na-
tionality Act (8 U.S.C. 1151) is amended— 
(A) in subsection (a)— 
(i) by inserting ‘‘and’’ at the end of 
paragraph (1); 
(ii) by striking ‘‘; and’’ at the end of 
paragraph (2) and inserting a period; and 
(iii) by striking paragraph (3); and 
(B) by striking subsection (e). 
(2) ALLOCATION
OF
DIVERSITY
IMMIGRANT 
VISAS.—Section 203 of such Act (8 U.S.C. 1153) is 
amended— 
(A) by striking subsection (c); 
(B) in subsection (d), by striking ‘‘(a), (b), 
or (c),’’ and inserting ‘‘(a) or (b),’’; 
(C) in subsection (e), by striking para-
graph (2) and redesignating paragraph (3) as 
paragraph (2); 
(D) in subsection (f), by striking ‘‘(a), (b), 
or (c)’’ and inserting ‘‘(a) or (b)’’; and 
(E) in subsection (g), by striking ‘‘(a), (b), 
and (c)’’ and inserting ‘‘(a) and (b)’’.
(3) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.—Section 204 of such Act (8 U.S.C. 1154) 
is amended— 
(A) by striking subsection (a)(1)(I); and 
(B) in subsection (e), by striking ‘‘(a), (b), 
or (c)’’ and inserting ‘‘(a) or (b)’’. 
(b) ELIMINATION OF ‘‘OTHER WORKERS’’ CLASSI-
FICATION.— 
(1) WORLDWIDE
LEVEL
OF
EMPLOYMENT- 
BASED IMMIGRANTS.—Section 201(d)(1)(A) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1151(d)(1) (A)) is amended by striking ‘‘140,000,’’ 
and inserting ‘‘130,000,’’. 
(2) PREFERENCE
ALLOCATION
FOR
EMPLOY-
MENT-BASED IMMIGRANTS.—Section 203(b) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)) 
is amended— 
(A) in paragraph (1), by striking ‘‘28.6’’ 
and inserting ‘‘30.8’’; 
(B) in paragraph (2), by striking ‘‘28.6’’ 
and inserting ‘‘30.8’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘28.6’’ and insert-
ing ‘‘23.1’’; and
(II) by striking clause (iii); 
(ii) by striking subparagraph (B); and 
(iii) by redesignating subparagraph 
(C) as subparagraph (B); 
(D) in paragraph (4), by striking ‘‘7.1’’ 
and inserting ‘‘7.65’’; and 
(E) in paragraph (5), by striking ‘‘7.1’’ 
and inserting ‘‘7.65’’. 
(c) MODIFICATIONS TO ‘‘NACARA’’ TEMPORARY RE-
DUCTIONS.—Section 203 of the Nicaraguan Adjustment 
and Central American Relief Act (8 U.S.C. 1101 note) 
is amended— 
(1) by amending the subsection heading of sub-
section (d) to read as follows: ‘‘TEMPORARY REDUC-
TION IN VISAS FOR BROTHERS AND SISTERS OF 
CITIZENS.—’’; 
(2) in paragraph (1) of subsection (d), by strik-
ing ‘‘section 201(e)’’ and all that follows through the 
period and inserting ‘‘section 203(a)(4) of the Immi-
gration and Nationality Act shall be reduced by 
10,000 from the number of visas otherwise available 
under such section for such fiscal year.’’; 
(3) by striking subsection (e); and 
(4) by redesignating subsection (f) as sub-
section (e).
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the first day of the first 
fiscal year that begins after the date of the enactment of 
this Act. 
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