Strengthening America's Workforce Act of 2005

Bill: 109-s-1918
Sponsor: Sen. Hagel, Chuck [R-NE]
Introduced: 2005-10-25 in the Senate
Policy area: Immigration
Subjects: Administrative fees
Administrative remedies
Admission of nonimmigrants
Alien labor
Civil Rights and Liberties, Minority Issues
Collective bargaining
Confidential communications
Congress
Congressional reporting requirements
Crime and Law Enforcement
Criminal aliens
Disciplining of employees
Discrimination in employment
Economics and Public Finance
Education
Employee rights
Employment agencies
Engineers
Families
Federal advisory bodies
Fines (Penalties)
Foreign students
Fraud
Government Operations and Politics
Government paperwork
Governmental investigations
Health
Higher education
Hours of labor
Illegal aliens
Informers
Infrastructure
Labor and Employment
Labor disputes
Labor statistics
Labor unions
Law
Married people
Mathematics
Minimum wages
Occupational health and safety
Recruiting of employees
Science, Technology, Communications
Scientists
Skilled labor
Student employment
Unfair labor practices
Visas
Wage surveys
Wages
Witnesses

Summary:
action_date: 2005-10-25
text: 
Strengthening America's Workforce Act of 2005 - Amends the Immigration and Nationality Act to: (1) amend the definition of H-2B nonimmigrant worker; and (2) add a new H-2C nonimmigrant worker category (willing worker program). 
 
Requires employers seeking to hire H-2B or H-2C workers to undertake specified recruitment efforts for U.S. workers, and to submit specified labor attestations. Provides worker protections. Addresses portability. Provides derivative status for spouses and children of H-2B and H-2C workers. Establishes annual numerical limitations on the number of aliens who may receive H-2B and H-2C status. Specifies authorized periods of admission for each category. 
 
Establishes the Immigration Study Commission to review the impact of this Act on national security and the economy and families.
 
Sets forth H-2B and H-2C alien provisions respecting: (1) nonimmigrant status change and permanent immigrant status adjustment; (2) exemption from certain grounds for inadmissibility; (3) employer petition fees; (4) collective bargaining coverage; and (5) status ineligibility.
 
Provides for stays of removal for aliens involved in workplace claims. 
 
Prohibits disclosure to the Department of Homeland Security (DHS) by a federal or state agency of information concerning the immigration status of any worker. 
 
Triples civil penalties for a commercial enterprise that commits immigration-related document fraud for commercial or financial advantage.
 
Exempts from fiscal year admission limits foreign students who have earned an advanced degree in science, technology, engineering or math from a U.S. university or who are employed.
 
Exempts from direct numerical limitations: (1) aliens with an advanced degree in science, technology, engineering, or math who have been working in a related field in the United States during the three-year period preceding their application for an employment-based immigrant visa; (2) certain aliens who are priority workers or who have received a national interest waiver; and (3) immediate relatives of an employment-based immigrant.
 
Authorizes full-time foreign students to work part-time off campus. Requires employer attestation respecting: (1) wages; (2) hours; and (3) U.S. citizen recruitment.


Legislative actions:
action_date: 2005-10-25
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2005-10-25
text: Sponsor introductory remarks on measure. (CR S11825-11826)
action_date: 2005-10-25
text: Introduced in Senate