prev        Page 45       next

SEC. _. TEMPORARY WORKER PROGRAM.

(a) H-1B STREAMLINING AND SIMPLIFICATION."Section 214(g) of the Immigration and Nationality Act,as amended by this Act, is further amended"

(1) in paragraph (1)(A), by striking clauses (i) through (vii) and inserting the following:''(i) 115,000 in fiscal year 2008;''(ii) in any subsequent fiscal year,subject to clause (iii), the number for theprevious fiscal year as adjusted in accordancewith the method set forth in paragraph

(2); and.''(iii) 180,000 for any fiscal year;'';and

(2) in paragraph (9), as redesignated by section409"

(A) in subparagraph (B)"

(i) in clause (ii), by striking ''The annualnumerical limitations described inclause (i) shall not exceed'' and inserting''Without respect to the annual numericallimitations described in clause (i), the Secretarymay issue a visa or otherwise grantnonimmigrant status pursuant to section101(a)(15)(H)(i)(b) in the following quantities:'';and

(ii) by striking clause (iv); and

(B) by striking subparagraph (D).

(b) ENSURING ACCESS TO SKILLED WORKERS INSPECIALTY OCCUPATIONS."

(1) IN GENERAL."Section 214(g) of the Immigrationand Nationality Act (8 U.S.C. 1184(g)), asamended by title IV, is further amended"

(A) by striking paragraph (6), as redesignatedby section 409 of this Act, and insertingthe following:.''(6) The numerical limitations contained inparagraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise providedstatus under section 101(a)(15)(H)(i)(b) who"''(A) until the number of aliens who areexempted from such numerical limitation underthis subparagraph during a fiscal year exceeds20,000, has earned a master's or higher degreein science, technology, engineering, or mathematicsfrom an institution of higher educationoutside of the United States;''(B) until the number of aliens who areexempted from such numerical limitation underthis subparagraph during a fiscal year exceeds40,000, has earned a master's or higher degreefrom a United States institution of higher education

(as defined in section 101(a) of theHigher Education Act of 1965); and''(C) until the number of aliens who areexempted from such numerical limitation underthis subparagraph during a fiscal year exceeds50,000"''(i) is employed (or has received anoffer of employment) at an institution ofhigher education (as defined in section.101(a) of the Higher Education Act of1965; 20 U.S.C. 1001(a)), or a related oraffiliated nonprofit entity; or''(ii) is employed (or has received anoffer of employment) at a nonprofit researchorganization or a governmental researchorganization.''; and

(B) by adding at the end the following:''(13) An employer that has at least 1,000 full-time employees who are employed in the UnitedStates, including employment-authorized aliens, andemploys aliens admitted or provided status as a nonimmigrantdescribed in section 101(a)(15)(H)(i)(b) in a number that is equal to or greater than 15 percentof the number of such full-time employees, mayfile not more than 1,000 petitions under subsection

(c) to import aliens under section101(a)(15)(H)(i)(b) in any fiscal year.''.

(2) APPLICABILITY."

(A) IN GENERAL."The amendment madeby paragraph (1)(A) shall apply to any petitionor visa application pending on the date of theenactment of this Act and any petition or visaapplication filed on or after such date..

(B) EFFECTIVE DATE."The amendmentmade by paragraph (1)(B) shall take effect onthe first day of the fiscal year following the fiscalyear in which the backlog of employment-based immigrant visa petitions existing as ofthe effective date established under section502(d).

(c) DOCUMENT REQUIREMENT."Section 212(n)(1) of the Immigration and Nationality Act, as amended bysection 420, is further amended"

(1) in subparagraph (A)"

(A) in clause (i)(II), by striking '', and''and inserting a semicolon;

(B) in clause (ii), by striking the period atthe end and inserting ''; and''; and

(C) by adding at the end the following:''(iii) will provide to the H-1B nonimmigrant"''(I) a copy of each applicationfiled on behalf of the nonimmigrantunder this section; and''(II) documentation supportingeach attestation, in accordance withregulations promulgated by the Secretaryof Labor.''; and.

(2) by adding at the end the following:''(L) An H-1B nonimmigrant may not bestationed at the worksite of an employer otherthan the petitioning employer or its affiliate,subsidiary, or parent if the alien will be controlledand supervised principally by such unaffiliatedemployer or if the placement of thealien at the worksite of the affiliated employeris essentially an arrangement to provide laborfor hire for the unaffiliated employer, ratherthan a placement in connection with the provisionof a product or service.''.

(d) FRAUD ASSESSMENT."Not later than 30 daysafter the date of the enactment of this Act, the Directorof United States Citizenship and Immigration Servicesshall, subject to the availability of appropriations, submitto Congress a fraud risk assessment of the H-1B visa program.

(e) GROUNDS OF INADMISSIBILITY."Section 218A(f) of the Immigration and Nationality Act , as added by section402(a), is amended by striking paragraphs (2) and

(3) and inserting the following:''(2) WAIVER."For a Y nonimmigrant, theSecretary of Homeland Security may waive thoseprovisions of section 212(a) for which the Secretary.had discretionary authority to waive before the dateof the enactment of the Secure Borders, EconomicOpportunity and Immigration Enforcement Act of2007.''.

(f) TERMINATION."Section 218A(j) of the Immigrationand Nationality Act , as added by section 402(a), isamended by striking paragraphs (2) and (3) and insertingthe following:''(2) EXCEPTION."The period of authorizedadmission of a Y nonimmigrant shall not terminatefor unemployment under paragraph (1)(D) if thealien attests under the penalty of perjury and submitsdocumentation to the satisfaction of the Secretaryof Homeland Security that establishes thatsuch unemployment was the result of"''(A) a period of physical or mental disabilityof the alien or the spouse, son, daughter,or parent (as defined in section 101 of theFamily and Medical Leave Act of 1993 (29U.S.C. 2611)) of the alien;''(B) a period of vacation, medical leave,maternity leave, or similar leave from employmentauthorized by Federal or State law or bya policy of the alien's employer; or.''(C) any other period of temporary unemploymentthat is the direct result of a forcemajeure event.''(3) RETURN TO FOREIGN RESIDENCE."Analien who is a Y nonimmigrant whose period of authorizedadmission terminates under paragraph (1) shall immediately depart the United States.''.

(g) REGISTRATION OF DEPARTURE."Section218A(k) of the Immigration and Nationality Act, as addedby section 402(a), is amended by striking the subsectionheading and inserting the following:''(k) LEAVING THE UNITED STATES."''(1) REGISTRATION OF DEPARTURE."''(A) IN GENERAL."An alien who is a Ynonimmigrant whose period of authorized admissionhas expired under subsection (i), orwhose period of authorized admission terminatesunder subsection (j), shall register the departureof such alien at a designated port of departureor designated United States consulateabroad in a manner to be prescribed by theSecretary of Homeland Security.''(B) EFFECT OF FAILURE TO DEPART."If an alien described in subparagraph (A) failsto depart the United States or to register such.departure as required under subsection (j)(3),the Secretary of Homeland Security shall"''(i) take immediate action to determinethe location of the alien; and''(ii) if the alien is located in theUnited States, remove the alien from theUnited States.''(C) INVALIDATION OF DOCUMENTA-TION."Any documentation issued by the Secretaryof Homeland Security under subsection

(m) to an alien described in subparagraph (A) shall be invalid for any purpose except the departureof the alien on and after the date onwhich the period of authorized admission ofsuch alien terminates. The Secretary shall ensurethat the invalidation of such documentationis recorded in the employment eligibilityverification system described in section 274A.''(2) VISITS OUTSIDE THE UNITED STATES."''.

(h) OVERSTAY."Section 218A(o) of the Immigrationand Nationality Act , as added by section 402(a), isamended by striking paragraph (2) and inserting the following:''(2) Except as provided in paragraph (3) or

(4), any alien, other than a Y nonimmigrant, who,.after the date of the enactment of this section remainsunlawfully in the United States beyond theperiod of authorized admission, is permanentlybarred from any future benefits under Federal immigrationlaw.''.