I
106TH CONGRESS
2D SESSION
H. R. 5625
To amend the Immigration and Nationality Act to establish a pilot program
under which an alien may be provided H–1B nonimmigrant status with-
out regard to the numerical limitation applicable to that nonimmigrant
category if the United States employer seeking the alien’s entry makes
a qualifying scholarship contribution to an institution of higher education
in the United States.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 3, 2000
Mr. COX (for himself and Mr. WU) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to establish
a pilot program under which an alien may be provided
H–1B nonimmigrant status without regard to the numer-
ical limitation applicable to that nonimmigrant category
if the United States employer seeking the alien’s entry
makes a qualifying scholarship contribution to an institu-
tion of higher education in the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF ‘‘TECH SMART’’ PILOT
PROGRAM.
(a) IN GENERAL.—The Immigration and Nationality
Act is amended by inserting after section 218 (8 U.S.C.
1188) the following:
‘‘ ‘TECH SMART’ PILOT PROGRAM
‘‘SEC. 218A. (a) ESTABLISHMENT OF PILOT PRO-
GRAM.—The Attorney General shall establish a pilot pro-
gram (in this section referred to as the ‘Tech Smart pilot
program’) under which 65,000 aliens may be issued a visa
or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) in each of fiscal years 2001 through
2003 without regard to the numerical limitations under
section 214(g)(1)(A).
‘‘(b) EMPLOYER REQUEST TO PARTICIPATE.—An
employer may, concurrent with or subsequent to filing a
petition under section 214(c) initially to grant an alien
nonimmigrant status under section 101(a)(15)(H)(i)(b),
file a request for the Attorney General to consider the peti-
tion under the Tech Smart pilot program.
‘‘(c) EMPLOYER CONTRIBUTION TO WORKFORCE DE-
VELOPMENT.—
‘‘(1) IN GENERAL.—As a condition of approval
of the petition, an employer filing a request to par-
ticipate in the Tech Smart pilot program shall agree
to make an annual scholarship contribution to an in-
stitution of higher education in the United States se-
lected by the employer.
‘‘(2) ANNUAL
CONTRIBUTION.—A scholarship
contribution under paragraph (1) shall be made for
the fiscal year in which the employer receives notice
of approval of the employer’s petition under section
214(c) initially to grant an alien nonimmigrant sta-
tus under section 101(a)(15)(H)(i)(b) and for each
subsequent fiscal year for which the alien who is the
subject of the petition is an H–1B nonimmigrant.
The maximum number of annual scholarship con-
tributions that shall be due with respect to any sin-
gle alien is 6.
‘‘(3) AMOUNT.—The amount of the annual
scholarship contribution shall be equal to the max-
imum Pell Grant authorized under subpart 1 of part
A of title IV of the Higher Education Act of 1965
(20 U.S.C 1070a et seq.) for the fiscal year in which
the contribution is due.
‘‘(4) INITIAL CONTRIBUTION.—The initial an-
nual scholarship contribution shall be made to the
institution of higher education not later than 15
days after the date on which the employer receives
notice of approval of the employer’s petition under
section 214(c) to grant an alien nonimmigrant sta-
tus under section 101(a)(15)(H)(i)(b).
‘‘(5) SUBSEQUENT CONTRIBUTIONS.—
‘‘(A) IN
GENERAL.—Subsequent annual
scholarship contributions shall be made to the
institution of higher education not later than
the anniversary of the deadline described in
paragraph (4).
‘‘(B) ASSUMPTION
OF
OBLIGATION
BY
SUBSEQUENT EMPLOYERS.—Any employer peti-
tioning to obtain authorization for the alien to
change employers shall agree, as a condition of
obtaining approval of such petition, to assume
the obligation to make these scholarship con-
tributions until the final contribution has been
received by the institution of higher education,
the obligation has been assumed by another em-
ployer, or the H–1B nonimmigrant status of
the alien terminates, whichever occurs first.
‘‘(6) VERIFICATION
OF
RECEIPT.—Not later
than 15 days after receipt of any scholarship con-
tribution under this section, an institution of higher
education shall certify such receipt to the Attorney
General.
‘‘(d) SCHOLARSHIPS TO BUILD
A TECH SMART
WORKFORCE.—An institution of higher education shall
use contributions received under the Tech Smart pilot pro-
gram to provide scholarships to United States citizens or
aliens lawfully admitted for permanent residence. Scholar-
ship contributions may be provided to students enrolled
full-time in programs for undergraduate or postgraduate
study at that institution. An employer making a scholar-
ship contribution may specify that the contribution be
dedicated for scholarships for a student or students em-
ployed by the employer, or for students enrolled in a par-
ticular degree program or course of study.
‘‘(e) EXPEDITED VISA PROCESSING.—In the case of
an employer filing a request for the Attorney General to
consider a petition to grant an alien nonimmigrant status
under the Tech Smart pilot program, the Attorney Gen-
eral shall approve or deny the petition not later than 30
days after the date of such filing.
‘‘(f) ENFORCEMENT
OF CONTRIBUTION OBLIGA-
TIONS.—If the Attorney General finds, after notice and
opportunity for a hearing, that an employer has failed
timely to make a scholarship contribution under this sec-
tion that the employer is required to make, the Attorney
General—
‘‘(1) may impose a civil monetary penalty of not
more than 3 times the amount of the delinquent
contribution for each such violation;
‘‘(2) may issue an administrative order requir-
ing that the contribution be made;
‘‘(3) may bar the employer from obtaining ap-
proval of any petition under the Tech Smart pilot
program; and
‘‘(4) may terminate the H–1B nonimmigrant
status of the alien with respect to whom the scholar-
ship contribution was required to be made beginning
90 days after the date on which the finding is en-
tered.
‘‘(g) NUMERICAL LIMITATION.—The total number of
aliens who may be issued a visa or otherwise provided non-
immigrant status under the Tech Smart pilot program in
any fiscal year may not exceed 65,000. The provision of
nonimmigrant status to any such alien shall not be consid-
ered for purposes of computing the numerical limitations
under section 214(g)(1)(A).
‘‘(h) EXPIRATION OF PROGRAM.—
‘‘(1) IN
GENERAL.—In fiscal years 2001
through 2003, the Attorney General may approve
petitions filed under section 214(c) initially to grant
an 
alien 
nonimmigrant 
status 
under 
section
101(a)(15)(H)(i)(b) in accordance with this section.
‘‘(2) CONTINUING EMPLOYER OBLIGATIONS.—
Paragraph (1) shall not be construed to limit the ob-
ligations of any employer to make scholarship con-
tributions in accordance with this section until the
employer satisfies the requirements imposed under
this section.
‘‘(3) EXTENSIONS OF STAY OR CHANGE IN EM-
PLOYMENT.—Paragraph (1) shall not be construed
to limit the authority of the Attorney General in fis-
cal year 2004 and subsequent fiscal years to approve
or deny a petition under section 214(c)—
‘‘(A) to extend the stay of an alien initially
granted status as an H–1B nonimmigrant
under this section in accordance with section
214(g)(4); or
‘‘(B) to obtain authorization for such an
alien to change employers.
‘‘(i) DEFINITIONS.—For purposes of this section:
‘‘(1) H–1B NONIMMIGRANT.—The term ‘H–1B
nonimmigrant’ has the meaning given such term in
section 212(n)(4).
‘‘(2) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the
meaning given such term in section 101(a) of the
Higher 
Education 
Act 
of 
1965 
(20 
U.S.C.
1001(a)).’’.
(b) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by inserting after the item relating
to section 218 the following new item:
‘‘Sec. 218A. ‘Tech Smart’ pilot program.’’.
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