Detailed Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''American Workforce Improvement and
Jobs Protection Act''.

SEC. 2. EXEMPTING ALIENS EARNING MASTER'S OR HIGHER DEGREE IN UNITED
STATES FROM NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS.

Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended by adding at the end the following:
''(9) For any fiscal year, the applicable numerical limitation
contained in paragraph (1)(A) shall not apply to any nonimmigrant alien
issued a visa or otherwise provided status under section
101(a)(15)(H)(i)(b) who has earned a master's or higher degree from an
institution of higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))), until the number of
aliens who are exempted from such numerical limitation during such year
exceeds 20,000.''.

SEC. 3. MAKING PERMANENT CERTAIN REQUIREMENTS AND AUTHORITIES WITH
RESPECT TO H-1B NONIMMIGRANTS.

(a) Attestation Requirements.--Section 212(n)(1)(E)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended
by striking ''subparagraph, and before October 1, 2003,'' and inserting
''subparagraph''.
(b) Fee.--Section 214(c)(9)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking ''before October 1,
2003''.
(c) Department of Labor Investigative Authorities.--Section
413(e)(2) of the American Competitiveness and Workforce Improvement Act
of 1998 (8 U.S.C. 1182 note) is repealed.
(d) Effective Dates.--
(1) Attestation requirements.--The amendment made by
subsection (a) shall apply to applications under section
212(n)(1) of the Immigration and Nationality Act filed on or
after the date that is 30 days after the date of the enactment
of this Act.
(2) Fee.--The amendment made by subsection (b) shall apply
to petitions under section 214(c) of the Immigration and
Nationality Act filed on or after the date that is 30 days
after the date of the enactment of this Act.
(3) Department of labor investigative authority.--The
amendment made by subsection (c) shall take effect on the date
of the enactment of this Act.

SEC. 4. FRAUD PREVENTION AND DETECTION FEE.

(a) Imposition of Fee.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the
following:
''(12)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention and
detection fee on an employer filing a petition under paragraph (1)--
''(i) initially to grant an alien nonimmigrant status
described in subparagraph (H)(i)(b) or (L) of section
101(a)(15); or
''(ii) to obtain authorization for an alien having such
status to change employers.
''(B) In addition to any other fees authorized by law, the
Secretary of State shall impose a fraud prevention and detection fee on
an alien filing an application abroad for a visa authorizing admission
to the United States as a nonimmigrant described in section
101(a)(15)(L), if the alien is covered under a blanket petition
described in paragraph (2)(A).
''(C) The amount of the fee imposed under subparagraph (A) or (B)
shall be $500.
''(D) The fee imposed under subparagraph (A) or (B) shall only
apply to principal aliens and not to the spouses or children who are
accompanying or following to join such principal aliens.
''(E) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 286(v).''.
(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 following:
''(v) H-1B and L Fraud Prevention and Detection 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 and L Fraud Prevention and Detection Account'.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees
collected under section 214(c)(12).
''(2) Use of fees to combat fraud.--
''(A) Secretary of state.--One-third of the amounts
deposited into the H-1B and L Fraud Prevention and
Detection Account shall remain available to the
Secretary of State until expended for programs and
activities at United States embassies and consulates
abroad--
''(i) to increase the number diplomatic
security personnel assigned exclusively to the
function of preventing and detecting fraud by
applicants for visas described in subparagraph
(H)(i) or (L) of section 101(a)(15);
''(ii) otherwise to prevent and detect such
fraud pursuant to the terms of a memorandum of
understanding or other cooperative agreement
between the Secretary of State and the
Secretary of Homeland Security; and
''(iii) upon request by the Secretary of
Homeland Security, to assist such Secretary in
carrying out the fraud prevention and detection
programs and activities described in
subparagraph (B).
''(B) Secretary of homeland security.--One-third of
the amounts deposited into the H-1B and L Fraud
Prevention and Detection Account shall remain available
to the Secretary of Homeland Security until expended
for programs and activities to prevent and detect fraud
with respect to petitions under paragraph (1) or (2)(A)
of section 214(c) to grant an alien nonimmigrant status
described in subparagraph (H)(i) or (L) of section
101(a)(15).
''(C) Secretary of labor.--One-third of the amounts
deposited into the H-1B and L Fraud Prevention and
Detection Account shall remain available to the
Secretary of Labor until expended for enforcement
programs and activities described in section 212(n).
''(D) Consultation.--The Secretary of State, the
Secretary of Homeland Security, and the Secretary of
Labor shall consult one another with respect to the use
of the funds in the H-1B and L Fraud Prevention and
Detection Account.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and the fees imposed
under such amendments shall apply to petitions under section 214(c) of
the Immigration and Nationality Act, and applications for nonimmigrant
visas under section 222 of such Act, filed on or after the date that is
90 days after the date of the enactment of this Act.

SEC. 5. ENSURING INTEGRITY OF VISAS FOR INTRACOMPANY TRANSFEREES.

(a) Nonimmigrant L-1 Visa Category.--
(1) In general.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at
the end the following:
''(F) An alien who will serve in a capacity involving specialized
knowledge with respect to an employer for purposes of section
101(a)(15)(L) and will be stationed primarily at the worksite of an
employer other than the petitioning employer or its affiliate,
subsidiary, or parent shall not be eligible for classification under
section 101(a)(15)(L) if--
''(i) the alien will be controlled and supervised
principally by such unaffiliated employer; or
''(ii) the placement of the alien at the worksite of the
unaffiliated employer is part of an arrangement merely to
provide labor for the unaffiliated employer rather than in
connection with the provision of a product or service for which
specialized knowledge specific to the petitioning employer is
necessary.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to petitions filed on or after the effective date
of this section, whether for initial, extended, or amended
classification.
(b) Requirement for Prior Continuous Employment for Certain
Intracompany Transferees.--
(1) In general.--Section 214(c)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by
striking the last sentence (relating to reduction of the 1-year
period of continuous employment abroad to 6 months).
(2) Applicability.--The amendment made by paragraph (1)
shall apply only to petitions for initial classification filed
on or after the effective date of this section.
(c) Maintenance of Statistics.--
(1) In general.--The Secretary of Homeland Security shall
maintain statistics regarding petitions filed, approved,
extended, and amended with respect to nonimmigrants described
in section 101(a)(15)(L) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(L)), including the number of such
nonimmigrants who are classified on the basis of specialized
knowledge and the number of nonimmigrants who are classified on
the basis of specialized knowledge in order to work primarily
at offsite locations.
(2) Applicability.--Paragraph (1) shall apply to petitions
filed on or after the effective date of this section.
(d) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of the enactment of
this Act.
A:
American Workforce Improvement and Jobs Protection Act - Amends the Immigration and Nationality Act to exempt up to 20,000 aliens holding a master's or higher degree from the numerical limitation on H-1B (temporary employment in a specialty occupation) nonimmigrants in any fiscal year.

Makes permanent: (1) the attestation requirement concerning nondisplacement of U.S. workers applicable to H-1B-dependent employers and willful violators; (2) the filing fee applicable to H-1B petitioners; and (3) the Secretary of Labor's authority under the American Competitiveness and Workforce Improvement Act to investigate an employer's alleged failure to meet specified labor attestation conditions (by repealing a sunset provision in that Act).

Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on H-1B or L (intracompany business personnel) petitioners for use in combating fraud and carrying out labor attestation enforcement activities. Establishes an H-1B and L Fraud Prevention and Detection Account for the deposit of such fees.

Renders ineligible for L visa status those aliens who will serve in a capacity involving specialized knowledge at the worksite of an employer other than the petitioning employer or its affiliate if: (1) the alien will be controlled principally by the unaffiliated employer; or (2) the placement with the unaffiliated employer is part of an arrangement merely to provide labor rather than to use the alien's specialized knowledge.

Eliminates the current reduction in the continuous employment requirement for aliens seeking L visa status pursuant to an employer's blanket petition.

Requires the Secretary of Homeland Security to maintain statistics regarding L visa petitions.