I
106TH CONGRESS
2D SESSION
H. R. 4227
To amend the Immigration and Nationality Act with respect to the number
of 
aliens 
granted 
nonimmigrant 
status 
described 
in 
section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, to imple-
ment measures to prevent fraud and abuse in the granting of such
status, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 11, 2000
Mr. SMITH of Texas (for himself, Mr. CAMPBELL, and Mr. GOODLATTE) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To amend the Immigration and Nationality Act with respect
to the number of aliens granted nonimmigrant status
described in section 101(a)(15)(H)(i)(b) of the Immigra-
tion and Nationality Act, to implement measures to pre-
vent fraud and abuse in the granting of such status,
and for other purposes.
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
‘‘Technology Worker Temporary Relief Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—NUMERICAL LIMITATIONS ON H–1B NONIMMIGRANTS
Sec. 101. Temporary increase in access to H1–B nonimmigrants.
Sec. 102. Secretary of State to maintain records on H–1B nonimmigrants.
TITLE II—NEW REQUIREMENTS ON PETITIONING EMPLOYERS
Sec. 201. Minimum salary requirement.
Sec. 202. Submission of data on H1–B nonimmigrants after employment com-
mencement.
Sec. 203. English language requirement for H1–B nonimmigrants providing in-
struction.
Sec. 204. Effective date.
TITLE III—ANTI-FRAUD PROVISIONS FOR H–1B NONIMMIGRANTS
Sec. 301. Requiring specialty occupation workers and fashion models to obtain
status as an H–1B nonimmigrant.
Sec. 302. Requiring full-time employment.
Sec. 303. Requirements for specialty occupation.
Sec. 304. Anti-fraud fee.
Sec. 305. Additional requirements on petitioning employers.
Sec. 306. Requiring filing of W–2 forms.
Sec. 307. Effective date.
TITLE IV—EXTENSION OF PROVISIONS FROM THE AMERICAN
COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT OF
1998
Sec. 401. Protection against displacement of United States workers in case of
H–1B dependent employers.
Sec. 402. Additional investigative authority.
TITLE 
I—NUMERICAL 
LIMITA-
TIONS 
ON 
H–1B 
NON-
IMMIGRANTS.
SEC. 101. TEMPORARY INCREASE IN ACCESS TO H–1B NON-
IMMIGRANTS.
(a) ELIMINATING NUMERICAL LIMITATION FOR FIS-
CAL YEAR 2000; CONDITIONING INCREASES FOR FISCAL
YEARS 2001 AND 2002.—Section 214(g)(1)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1184(g)(1)(A))
is amended to read as follows:
‘‘(A) under section 101(a)(15)(H)(i)(b), may
not exceed—
‘‘(i) subject to paragraph (5), 107,500 in
fiscal year 2001;
‘‘(ii) subject to paragraph (5), 65,000 in
fiscal year 2002; and
‘‘(iii) 65,000 in each succeeding fiscal year;
or’’.
(b) CONDITIONS ON INCREASES.—Section 214(g) of
the Immigration and Nationality Act (8 U.S.C. 1184(g))
is amended by adding at the end the following:
‘‘(5)(A) The numerical limitations in clauses (i) and
(ii) of paragraph (1)(A) shall not apply to an alien de-
scribed in subparagraph (B) after the date on which final
regulations fully implementing all provisions of the Amer-
ican Competitiveness and Workforce Improvement Act of
1998 (as contained in title IV of division C of the Omnibus
Consolidated and Emergency Supplemental Appropria-
tions Act, 1999; Public Law 105–277) become effective.
‘‘(B) An alien is described in this subparagraph if—
‘‘(i) the alien, disregarding clauses (i) and (ii)
of paragraph (1)(A), otherwise is eligible to be
issued a visa or provided nonimmigrant status under
section 101(a)(15)(H)(i)(b); and
‘‘(ii) the employer petitioning under subsection
(c)(1) with respect to the alien demonstrates in the
petition that—
‘‘(I) as of the last day of the employer’s
previous tax year, there was a net increase (as
compared with the first day of such tax year)
in the number of full-time equivalent United
States 
workers 
(as 
defined 
in 
section
212(n)(4)(E)) on the employer’s payroll;
‘‘(II) as of the end of the employer’s pre-
vious tax year, there was a net increase (as
compared with the prior tax year) in the total
wages (including cash bonuses and similar com-
pensation) paid to United States workers de-
scribed in subclause (I) during such year; and
‘‘(III) as of the end of the employer’s pre-
vious tax year, there was a net increase (as
compared with the prior tax year) in the me-
dian of the wages described in subclause (II).
‘‘(C) In making the determinations under subpara-
graph (B)(ii)—
‘‘(i) any group treated as a single employer
under subsection (b), (c), (m), or (o) of section 414
of the Internal Revenue Code of 1986 shall be treat-
ed as a single employer; and
‘‘(ii) the Attorney General shall disregard work-
ers who ceased employment with an employer by
reason of the employer’s having sold, or otherwise le-
gally transferred for consideration, the assets of a
division or other severable portion of the employer’s
business to another person before the end of the em-
ployer’s previous tax year.’’.
(c) EFFECTIVE DATES.—
(1) ELIMINATING NUMERICAL LIMITATION FOR
FISCAL YEAR 2000.—The amendment made by sub-
section (a), to the extent that it eliminates the nu-
merical limitation under section 214(g)(1)(A)(iii) of
the Immigration and Nationality Act, as in effect on
the day before the date of the enactment of this Act,
shall take effect on the date of the enactment of this
Act.
(2) CONDITIONING
INCREASES
FOR
FISCAL
YEARS 2001 AND 2002.—In all other respects, the
amendments made by this section shall take effect
on October 1, 2000, without regard to whether or
not proposed or final regulations to carry out such
amendments have been promulgated.
SEC. 102. SECRETARY OF STATE TO MAINTAIN RECORDS ON
H–1B NONIMMIGRANTS.
(a) IN GENERAL.—Section 214(g)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(g)(3)) is
amended—
(1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’;
and
(2) by adding at the end the following:
‘‘(B) Records with respect to the issuance of visas
(or the provision otherwise of nonimmigrant status) under
section 101(a)(15)(H)(i)(b) shall be maintained in accord-
ance with regulations prescribed by the Secretary of
State.’’.
(b) CONFORMING AMENDMENTS.—Section 416 of the
American Competitiveness and Workforce Improvement
Act of 1998 (Public Law 105–277; 112 Stat. 2681–655;
8 U.S.C. 1184 note) is amended—
(1) in subsection (a)—
(A) by striking ‘‘214(g)(1)’’ and inserting
‘‘214(g)(1)(B)’’;
(B) by striking ‘‘1184(g)(1))’’ and insert-
ing ‘‘1184(g)(1)(B))’’; and
(C) by adding at the end ‘‘The Secretary
of State, with the assistance of the Attorney
General, shall take such steps as are necessary
to maintain an accurate count of the number of
aliens subject to the numerical limitations of
section 214(g)(1)(A) of such Act (8 U.S.C.
1184(g)(1)(A)) who are issued visas or other-
wise provided nonimmigrant status.’’;
(2) in subsection (b), by striking ‘‘to count’’
and inserting ‘‘to count, or to assist the Secretary
of State in accurately counting,’’; and
(3) in subsection (c)—
(A) in paragraph (1), by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of
State’’; and
(B) in paragraph (2), by inserting ‘‘and
the Secretary of State’’ after ‘‘Attorney Gen-
eral’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect beginning with the first fiscal
year that begins after the date of the enactment of this
Act.
TITLE II—NEW REQUIREMENTS
ON PETITIONING EMPLOYERS
SEC. 201. MINIMUM SALARY REQUIREMENT.
Section 212(n)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(n)(1)(A)) is amended—
(1) by striking ‘‘and’’ at the end of clause (i);
(2) by redesignating clause (ii) as clause (iii);
and
(3) by inserting after clause (i) the following:
‘‘(ii) is offering and will offer during the
period of authorized employment to H–1B non-
immigrants wages that are at least equal to an
annual salary of $40,000 (including cash bo-
nuses and similar compensation), except if the
employer is an institution of higher education
(as defined in section 101(a) of the Higher
Education Act of 1965) or a related or affili-
ated nonprofit entity, a nonprofit research orga-
nization, or a governmental research organiza-
tion, and’’.
SEC. 202. SUBMISSION OF DATA ON H1–B NONIMMIGRANTS
AFTER EMPLOYMENT COMMENCEMENT.
(a) IN GENERAL.—Section 212(n)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(1)) is
amended by inserting after subparagraph (G) the fol-
lowing:
‘‘(H) The employer will electronically submit to
the Secretary, not later than 30 days after the date
on which an H–1B nonimmigrant commences em-
ployment with the employer, data in an electronic