I
107TH CONGRESS
1ST SESSION
H. R. 2984
To amend the Immigration and Nationality Act to ensure that aliens provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act are
counted, for purposes of determining whether the numerical limitation
on the provision of such status has been reached, in a manner that
is accurate, fair, and takes into account only those aliens who actually
commence employment as such a nonimmigrant.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 2, 2001
Mr. ANDREWS introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to ensure
that aliens provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of that Act are counted, for purposes
of determining whether the numerical limitation on the
provision of such status has been reached, in a manner
that is accurate, fair, and takes into account only those
aliens who actually commence employment as such a
nonimmigrant.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ENSURING THAT NUMERICAL LIMITATION
COMPUTATION 
ACCURATELY 
REFLECTS
NUMBER 
OF 
H–1B 
NONIMMIGRANTS 
EM-
PLOYED.
(a) IN GENERAL.—Section 214(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(g)) is amended
by adding at the end the following:
‘‘(8) ENSURING THAT NUMERICAL LIMITATION
COMPUTATION ACCURATELY REFLECTS NUMBER OF
H–1B NONIMMIGRANTS EMPLOYED.—
‘‘(A) IN GENERAL.—The Attorney General
shall take such steps as may be necessary to en-
sure that all numerical limitations applicable to
the issuance of visas, or the provision of non-
immigrant 
status, 
under 
section
101(a)(15)(H)(i)(b) are applied in a manner
that—
‘‘(i) accurately reflects the actual
number of aliens who commence employ-
ment in the United States as such a non-
immigrant in each fiscal year; and
‘‘(ii) does not count against any such
numerical limitation—
‘‘(I) any visa issued to an alien
based on a petition filed by an em-
ployer that is not used by the alien as
the basis for admission into the
United States and commencement of
employment with such employer with-
in a reasonable period of time subse-
quent to its issuance any visa (includ-
ing any visa in excess of one, in cases
in which multiple visas are issued to a
single alien based on petitions filed by
multiple prospective employers and
the alien accepts employment with
only one of those employers);
‘‘(II) 
any 
change 
of 
non-
immigrant classification or status au-
thorized for an alien based on a peti-
tion filed by an employer that is not
used by the alien to commence em-
ployment with such employer within a
reasonable period of time subsequent
to such authorization (including any
authorization in excess of one, in
cases in which multiple authorizations
are provided to a single alien based on
petitions filed by multiple prospective
employers and the alien accepts em-
ployment with only one of those em-
ployers); and
‘‘(III) any visa (or authorization
to change nonimmigrant classification
or status) in excess of one, in cases in
which multiple visas (or authoriza-
tions) are issued to a single alien in
order to permit employment with
more than one employer in the United
States during identical or concurrent
periods of time.
‘‘(B) CANCELLATION
OF
CONCURRENT
VISAS
UPON
ENTRY
INTO
UNITED
STATES.—
Pursuant to subparagraph (A), the Attorney
General shall take such steps as may be nec-
essary to ensure that when an alien is admitted
into the United States based on a visa accord-
ing status as nonimmigrant described in section
101(a)(15)(H)(i)(b), any unused visa according
such nonimmigrant status that has been issued
to the alien is canceled for purposes of com-
puting any numerical limitation applicable to
the provision of nonimmigrant status under
such section.
‘‘(C) USE OF VISAS AND OTHER AUTHOR-
IZATIONS WITHIN A REASONABLE PERIOD OF
TIME.—Pursuant to subparagraph (A), the At-
torney General shall promulgate regulations es-
tablishing the precise durations of the periods
of time described in clauses (I) and (II) of such
subparagraph. The Attorney General shall by
regulation provide for the cancellation of any
visa or authorization described in such clauses
that is not used by an alien to commence em-
ployment before the termination of the period of
time determined by the Attorney General to be
reasonable in the case of that visa or authoriza-
tion. All such cancellations shall be taken into
account in implementing subparagraph (A).
‘‘(D) COORDINATION.—The heads of all
other Federal agencies with regulatory author-
ity with respect to aliens who may be provided
nonimmigrant 
status 
under 
section
101(a)(15)(H)(i)(b) or employers who may peti-
tion under subsection (c) with respect to such
aliens, including the Secretary of State and the
Secretary of Labor, shall coordinate and cooper-
ate with the Attorney General in order to en-
sure that this paragraph is implemented as effi-
ciently and effectively as possible.’’.
(b) CONFORMING AMENDMENT.—Section 214(g)(7)
of the Immigration and Nationality Act (8 U.S.C.
1184(g)(7)) is amended by striking the second sentence.
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