petitioning with respect to such aliens, 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.
This Act may be cited as the ‘‘Technology Worker
Temporary Relief Act’’.
TITLE 
I—NUMERICAL 
LIMITA-
TIONS 
ON 
H–1B 
NON-
IMMIGRANTS
SEC. 101. INAPPLICABILITY OF FISCAL YEAR 2000 NUMER-
ICAL LIMITATIONS TO CERTAIN ALIENS.
(a) IN GENERAL.—Section 214(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(g)) is amended—
(1) in paragraph (1)(A)(iii), by inserting ‘‘Sub-
ject to paragraph (5),’’ before ‘‘115,000’’; and
(2) by adding at the end the following:
‘‘(5)(A) After the numerical limitation in paragraph
(1)(A)(iii) has been exceeded, 45,000 aliens described in
subparagraph (B) may be issued a visa or otherwise pro-
vided 
nonimmigrant 
status 
under 
section
101(a)(15)(H)(i)(b) in fiscal year 2000 without regard to
such paragraph.
‘‘(B) An alien is described in this subparagraph if—
‘‘(i) 
the 
alien, 
disregarding 
paragraph
(1)(A)(iii), otherwise is eligible to be issued a visa or
provided 
nonimmigrant 
status 
under 
section
101(a)(15)(H)(i)(b); and
‘‘(ii) such employer 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).’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
subsection (a) shall take effect on the date on which
final regulations fully implementing all provisions of
the American Competitiveness and Workforce Im-
provement Act of 1998 (as contained in title IV of
division C of the Omnibus Consolidated and Emer-
gency Supplemental Appropriations Act, 1999; Pub-
lic Law 105–277) become effective.
(2) AMENDMENTS MAY TAKE EFFECT WITHOUT
REGULATIONS.—The amendments made by sub-
section (a) shall take effect as provided in paragraph
(1) 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—ANTI-FRAUD 
PROVI-
SIONS 
FOR 
H–1B 
NON-
IMMIGRANTS
SEC. 201. REQUIRING SPECIALTY OCCUPATION WORKERS
AND FASHION MODELS TO OBTAIN STATUS
AS AN H–1B NONIMMIGRANT.
Section 214(g) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)), as amended by section 101, is
further amended by adding at the end the following:
‘‘(6) Notwithstanding any other provision of this Act,
any alien admitted or provided status as a nonimmigrant
in order to provide services in a specialty occupation de-
scribed in subsection (i)(1) (other than services described
in subparagraph (H)(ii)(a), (O), or (P) of section
101(a)(15)) or as a fashion model shall have been issued
a visa (or otherwise been provided nonimmigrant status)
under section 101(a)(15)(H)(i)(b).’’.
SEC. 202. REQUIRING FULL-TIME EMPLOYMENT.
(a) IN GENERAL.—Section 101(a)(15)(H)(i)(b) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(H)(i)(b)) is amended by inserting ‘‘not less
than 35 hours per week’’ after ‘‘or (P))’’.
(b) 
CONFORMING
AMENDMENTS.—Section
212(n)(2)(C)(vii) of the Immigration and Nationality Act
(8 U.S.C. 1182(n)(2)(C)(vii))is amended—
(1) in subclause (I), by striking ‘‘a full-time’’
and inserting ‘‘an’’;
(2) by striking subclause (II);
(3) in subclause (III), by striking ‘‘subclauses
(I) and (II)’’ and inserting ‘‘subclause (I)’’; and
(4) by redesignating subclauses (III) through
(VI) as subclauses (II) through (V), respectively.
SEC. 203. REQUIREMENTS FOR SPECIALTY OCCUPATION.
Section 214(i) of the Immigration and Nationality
Act (8 U.S.C. 1184(i)) is amended—
(1) by amending paragraph (1)(B) to read as
follows:
‘‘(B) attainment of a bachelor’s degree (or
higher degree) in the specific specialty as a min-
imum for entry into the occupation in the United
States.’’;
(2) in paragraph (2)—
(A) in subparagraph (A), by adding ‘‘and’’
at the end;
(B) in subparagraph (B), by striking ‘‘,
or’’ at the end and inserting a period; and
(C) by striking subparagraph (C); and
(3) by adding at the end the following:
‘‘(3)(A) Subject to subparagraph (B), for purposes
of paragraph (1)(B), the term ‘bachelor’s degree (or high-
er degree)’ includes a foreign degree that is a recognized
foreign equivalent of a bachelor’s degree (or higher de-
gree).
‘‘(B) In the case of an alien obtaining a foreign de-
gree, any determination with respect to the equivalence of
that degree to a degree obtained in the United States shall
be made by the Secretary of State. In carrying out the
preceding sentence, the Secretary of State shall verify the
authenticity of any foreign educational credential prof-
fered by an alien.’’.
SEC. 204. ANTI-FRAUD FEE.
(a) IMPOSITION OF FEE.—Section 214(c) of the Im-
migration and Nationality Act (8 U.S.C. 1184(c)) is
amended by adding at the end the following:
‘‘(10)(A) In addition to any other fees authorized by
law, the Attorney General shall impose an anti-fraud fee
on an employer filing a petition under paragraph (1)—
‘‘(i) initially to grant an alien nonimmigrant
status described in section 101(a)(15)(H)(i)(b); or
‘‘(ii) to obtain authorization for an alien having
such status to change employers.
‘‘(B) The amount of the fee shall be $100 for each
such petition.
‘‘(C) Fees collected under this paragraph shall be de-
posited in the Treasury in accordance with section
286(t).’’.
(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.—
Section 286 of the Immigration and Nationality Act (8
U.S.C. 1356) is amended by adding at the end the fol-
lowing:
‘‘(t) H–1B ANTI-FRAUD ACCOUNT.—
‘‘(1) IN GENERAL.—There is established in the
general fund of the Treasury a separate account,
which shall be known as the ‘H–1B Anti-fraud Ac-
count’. Notwithstanding any other provision of law,
there shall be deposited as offsetting receipts into
the 
account 
all 
fees 
collected 
under 
section
214(c)(10).
‘‘(2) USE OF FEES TO COMBAT FRAUD.—
‘‘(A) ATTORNEY GENERAL.—
‘‘(i) 
PROGRAMS
TO
ELIMINATE
FRAUD.—20 percent of amounts deposited
into the H–1B Anti-fraud Account shall
remain available to the Attorney General
until expended for programs and activities
to eliminate fraud by employers filing peti-
tions described in section 214(c)(9)(A) and
aliens who are the beneficiaries of such pe-
titions.
‘‘(ii) REMOVAL OF ALIENS.—20 per-
cent of amounts deposited into the H–1B
Anti-fraud Account shall remain available
to the Attorney General until expended for
the removal of H–1B nonimmigrants (as
defined in section 212(n)(4)(C)) who are
deportable under section 237(a)(1)(A) by
reason of having been found to be within
the class of aliens inadmissible under sec-
tion 212(a)(6)(C).
‘‘(B) SECRETARY OF STATE.—40 percent
of amounts deposited into the H–1B Anti-fraud
Account shall remain available to the Secretary
of State until expended—
‘‘(i) to carry out section 214(i)(3)(B);
and
‘‘(ii) for other programs and activities
to eliminate fraud by employers and aliens
described in subparagraph (A).
‘‘(C) JOINT
PROGRAMS.—20 percent of
amounts deposited into the H–1B Anti-fraud
Account shall remain available to the Attorney
General and the Secretary of State until ex-
pended for programs and activities conducted
by them jointly to eliminate fraud by employers
and aliens described in subparagraph (A).’’.
SEC. 205. ADDITIONAL REQUIREMENTS ON PETITIONING
EMPLOYERS.
Section 214(c) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)), as amended by section 204, is
further amended by adding at the end the following:
‘‘(11) The Attorney General may not approve any pe-
tition under paragraph (1) filed by an employer with re-
spect to an alien seeking to obtain or having the status
of a nonimmigrant under section 101(a)(15)(H)(i)(b) un-
less the employer satisfies the following requirements:
‘‘(A) The employer—
‘‘(i) is an institution of higher education
(as defined in section 101(a) of the Higher
Education Act of 1965), or a governmental or
nonprofit entity; or
‘‘(ii) maintains a place of business in the
United States that is licensed in accordance
with any applicable State or local business li-
censing requirements and is used exclusively for
business purposes.
‘‘(B) The employer—
‘‘(i) is a governmental entity; or
‘‘(ii) has aggregate gross assets with a
value of not less than $5,000,000—
‘‘(I) in the case of an employer that is
a publicly held corporation, as determined
using its most recent report filed with the
Securities and Exchange Commission; or
‘‘(II) in the case of any other em-
ployer, as determined as of the date on
which the petition is filed pursuant to reg-
ulations promulgated by the Attorney Gen-
eral.’’.
SEC. 206. EFFECTIVE DATE.
The amendments made by this title shall apply to pe-
titions filed under section 214(c), and applications filed
under section 212(n)(1), of the Immigration and Nation-
ality Act on or after the date final regulations are issued
to carry out such amendments.
TITLE 
III—EXPEDITED 
PROC-
ESSING 
FOR 
CERTAIN 
EM-
PLOYERS
SEC. 301. EXPEDITED PROCESSING OF PETITIONS BY CER-
TAIN EMPLOYERS.
(a) IN GENERAL.—Section 214(c) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)), as amended by
section 205, is further amended by adding at the end the
following:
‘‘(12)(A) In the case of an employer filing a petition
described in paragraph (11) who is qualified for expedited
processing under subparagraphs (B) and (C) and has paid
the expedited processing fee under subparagraph (D) (in
addition to any other fees imposed under paragraph (9)
or (10))—
‘‘(i) determinations with respect to the petition
shall be made by the Attorney General through a na-
tional office established by the Attorney General for
this purpose;
‘‘(ii) if the petition is complete when it is filed,
and if the Attorney General does not approve or dis-
approve the petition during the 30-day period begin-
ning on the date on which it is filed, it shall be
deemed approved, except that in a case where the
Attorney General, before the expiration of such 30-
day period, requests the employer to submit addi-
tional information, the Attorney General shall have
30 days after the date of that submission in which
to approve or disapprove the petition before it is
deemed approved; and
‘‘(iii) the employer shall be deemed to have sat-
isfied the requirement in paragraph (11)(B)(ii) if
the employer states in the petition that it satisfies
such requirement.
‘‘(B) An employer may qualify for expedited proc-
essing under this subparagraph by demonstrating, in an
application submitted to the Attorney General, that—
‘‘(i) the employer—
‘‘(I) is an institution of higher education
(as defined in section 101(a) of the Higher
Education Act of 1965), a related or affiliated
nonprofit entity, a nonprofit research organiza-
tion, or a governmental entity and has been in
existence continuously for not less than 5 years;
or
‘‘(II) has been doing business continuously
for not less than 5 years and has reported at
least $100,000,000 in gross receipts or sales on
a United States income tax return for each of
the 2 most recently completed tax years;
‘‘(ii) the employer is not an H–1B dependent
employer (as defined in section 212(n)(3)(A));
‘‘(iii) the employer has never submitted a peti-
tion described in paragraph (11) that was denied, or
been subject to an approval that was subsequently
revoked, on account of fraud, except if such denial
or revocation was done in cooperation with, or at the
request of, the employer;
‘‘(iv) the employer has never been found will-
fully to have failed to meet a condition of section
212(n)(1), willfully to have made a misrepresenta-
tion of material fact in an application under such
section, or to have committed a violation of section
212(n)(2)(C)(iv); and
‘‘(v) the employer has not been found to have
failed to meet a condition of section 212(n)(1), or to
have made a misrepresentation of material fact in an
application under such section, during the last 5
years.
‘‘(C) In the case of an employer who has qualified
for expedited processing under subparagraph (B), the em-
ployer shall cease to be considered so qualified upon a de-
termination by the Attorney General that any of clauses
(i) through (v) of such subparagraph are no longer accu-
rate with respect to the employer.
‘‘(D)(i) The Attorney General shall impose a fee on
an employer filing a petition under paragraph (1) and re-
questing expedited processing of the petition under this
paragraph.
‘‘(ii) The amount of the fee shall be $250 for each
such petition.
‘‘(iii) Fees collected under this paragraph shall be de-
posited as offsetting receipts into the account entitled ‘Im-
migration Examinations Fee Account’ in the Treasury of
the United States and shall be available in accordance
with section 286(n).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to petitions filed under section
214(c) of the Immigration and Nationality Act on or after
the date final regulations are issued to carry out such
amendment.
TITLE 
IV—COLLECTION 
AND
USE OF H–1B NONIMMIGRANT
FEES FOR SCHOLARSHIPS
SEC. 401. INCREASE IN H–1B NONIMMIGRANT FEES.
Section 214(c)(9) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)(9)) is amended—
(1) in subparagraph (A), by striking ‘‘on or
after December 1, 1998,’’ and inserting ‘‘on or after
the date of the enactment of the Technology Worker
Temporary Relief Act’’; and
(2) in subparagraph (B), by striking ‘‘$500’’
and inserting ‘‘$1,000’’.
SEC. 402. REPEAL OF AUTHORITY TO USE FEES UNDER JOB
TRAINING PARTNERSHIP ACT AND WORK-
FORCE INVESTMENT ACT.
(a) REPEAL OF DEPOSIT ALLOCATION.—
(1) IN GENERAL.—Section 286(s) of the Immi-
gration and Nationality Act (8 U.S.C. 1356(s)) is
amended—
(A) by striking paragraph (2); and
(B) 
by 
redesignating 
paragraphs 
(3)
through (6) as paragraphs (2) through (5), re-
spectively.
(2) 
CONFORMING
AMENDMENT.—Section
414(d)(4) of the American Competitiveness and
Workforce Improvement Act of 1998 (as contained
in title IV of division C of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act,
1999; Public Law 105–277) is amended by striking
‘‘286(s)(3)’’ and inserting ‘‘286(s)(2)’’.
(b) REPEAL OF AUTHORITY TO USE FUNDS FOR
DEMONSTRATION PROGRAMS AND PROJECTS.—
(1) IN GENERAL.—Section 414 of the American
Competitiveness and Workforce Improvement Act of
1998 is amended—
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as sub-
section (c).
(2) 
CONFORMING
AMENDMENT.—Section
286(s)(2) of the Immigration and Nationality Act (8
U.S.C. 1356(s)(2)) (as redesignated by subsection
(a)(1)(B)) is amended by striking ‘‘414(d)’’ and in-
serting ‘‘414(c)’’.
SEC. 403. USE OF FEES FOR SCHOLARSHIP PROGRAM.
(a) DEPOSIT ALLOCATION.—Section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2))
(as redesignated by section 402(a)(1)(B) of this Act) is
amended—
(1) in the paragraph heading, by striking
‘‘LOW-INCOME’’;
(2) by striking ‘‘28.2 percent’’ and inserting
‘‘84.5 percent’’;
(3) by inserting ‘‘merit-based’’ before ‘‘scholar-
ships’’;
(4) by striking ‘‘low-income’’;
(5) by striking ‘‘a degree in mathematics, engi-
neering, or computer science.’’ and inserting ‘‘a
bachelor’s or graduate degree with an academic
major in computer science, computer programming,
information sciences, systems analysis, computer en-
gineering, electrical engineering, electronics engi-
neering, or electronic commerce.’’; and
(6) by adding at the end ‘‘Not more than 5 per-
cent of the amounts made available under this para-
graph may be used for administrative expenses.’’.
(b) SCHOLARSHIP PROGRAM AUTHORIZED.—Section
414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (as redesignated by section
402(b)(1)(B) of this Act) is amended—
(1) in the subsection heading, by striking
‘‘LOW-INCOME’’;
(2) in paragraph (1)—
(A) by inserting ‘‘merit-based’’ before
‘‘scholarships’’;
(B) by inserting ‘‘directly’’ after ‘‘scholar-
ships’’;
(C) by striking ‘‘low-income individuals’’
and inserting ‘‘graduate students and under-
graduate students who are in their junior or
senior year of attendance at an institution of
higher education’’; and
(D) by striking ‘‘associate,’’ and all that
follows through the period at the end and in-
serting ‘‘a bachelor’s or graduate degree with
an academic major in computer science, com-
puter programming, information sciences, sys-
tems analysis, computer engineering, electrical
engineering, electronics engineering, or elec-
tronic commerce.’’; and
(3) in paragraph (2)—
(A) in subparagraph (A)(iii)—
(i) by inserting ‘‘will be a graduate
student or an undergraduate student in
the junior or senior year and’’ before ‘‘in-
tends’’; and
(ii) by striking ‘‘an associate,’’ and all
that follows through the period at the end
and inserting ‘‘a bachelor’s or graduate de-
gree with an academic major in computer
science, computer programming, informa-
tion sciences, systems analysis, computer
engineering, electrical engineering, elec-
tronics engineering, or electronic com-
merce.’’; and
(B) by adding at the end the following:
‘‘(C) 
SCHOLARSHIP
REVOCATION.—A
scholarship awarded under this subsection shall
be revoked if the individual to whom the award
is made does not maintain a status of good
standing in a degree program with an academic
major in computer science, computer program-
ming, information sciences, systems analysis,
computer engineering, electrical engineering,
electronics engineering, or electronic com-
merce.’’.
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