h1visajobs

Hi to all our readers:

As many of you may know, the new H-1B visa bill became law yesterday. The
President finally signed bill S. 2045 which was passed in response to
requests by industry that the H-1B visa quota be increased. We have
annexed a full copy of the law at the end of this update so that you may
read it in its entirety. For those of you who are interested, we have
also annexed the President's statement when he signed the law.

As with all legal matters, please understand that we are sending this
e-mail as an update. However, do not make any decisions based upon this
update until you have consulted with an immigration attorney. Please do
not take this as legal advice upon which you should make legal decisions
without input from a qualified professional.

That being said, below are some of the key provisions.

- Increases the H-1B quota to 195,000 through 2002.

- Increased "H-1B Portability" - A person who already has an H-1B
petition will be able to begin working for a second employer as soon as
the H-1B transfer petition is filed. That section of the law, section
105, states that it is effective for petitions filed on, before or after
the date of enactment. Therefore, that provision is effective even as to
petitions filed before yesterday.

CAUTION - Note that this provision applies to "nonfrivolous" applications.
Therefore, do not take this as permitting employment upon filing if the
petition is not approvable or if the H-1B candidate is not in legal
status.

- Beginning yesterday, an H-1B employee who has been in the United States
for six years may apply for an H-1B extension if processing of the
permanent residence is being held up by the priority dates;

- It allocates permanent residence visa numbers in a manner that allows
unused visa numbers to be allocated to countries that have slow priority
dates. This should help move the employment based priority dates for
India, China and the Philippines at a faster pace.

- Provision for job changes after the adjustment of status is filed - if
the H-1B has filed an employment based adjustment of status and the INS
has not adjudicated it within 180 days, the employee may change employers
without having to process a new labor certification and I-140 provided
that the second job is for the same occupational category as that based
upon which the labor certification and I-140 were filed.

CAUTION - To be eligible to switch jobs, a person must have an EAD
(Employment Authorization Card).

- Increased filing fee. As of December 17, 2000, the INS filing fee will
be $1,110 instead of the current $610.

Again, we emphasize that you should not make decisions based upon our
summary or the copy of the law without checking with a qualified
professional. All cases are different and there are nuances that even
attorneys may not have thought about yet in connection with this new law.

Those of you interested in the text of the law and President Clinton's
statement may find those items below.

Best regards,

The attorneys and staff from Szabo, Zelnick & Erickson, P.C.
www.usbusinessvisa.com
info@usbusinessvisa.com

The New H-1B Law

106th CONGRESS
2d Session
S. 2045

AN ACT
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

TITLE I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

SEC. 101. SHORT TITLE.
This title may be cited as the `American Competitiveness in the
Twenty-first Century Act of 2000'.

SEC. 102. TEMPORARY INCREASE IN VISA ALLOTMENTS.
(a) FISCAL YEARS 2001-2003- Section 214(g)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) by redesignating clause (v) as clause (vii); and
(2) by striking clause (iv) and inserting the following:
`(iv) 195,000 in fiscal year 2001;
`(v) 195,000 in fiscal year 2002;
`(vi) 195,000 in fiscal year 2003; and'.
(b) ADDITIONAL VISAS FOR FISCAL YEARS 1999 AND 2000-
(1) IN GENERAL- (A) Notwithstanding section 214(g)(1)(A)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total
number of aliens who may be issued visas or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in
fiscal year 1999 is increased by a number equal to the number of aliens
who are issued such a visa or provided such status during the period
beginning on the date on which the limitation in such section
214(g)(1)(A)(ii) is reached and ending on September 30, 1999.
(B) In the case of any alien on behalf of whom a petition for status under
section 101(a)(15)(H)(I)(b) is filed before September 1, 2000, and is
subsequently approved, that alien shall be counted toward the numerical
ceiling for fiscal year 2000 notwithstanding the date of the approval of
the petition. Notwithstanding section 214(g)(1)(A)(iii) of the Immigration
and Nationality Act, the total number of aliens who may be issued visas or
otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b)
of such Act in fiscal year 2000 is increased by a number equal to the
number of aliens who may be issued visas or otherwise provided
nonimmigrant status who filed a petition during the period beginning on
the date on which the limitation in such section 214(g)(1)(A)(iii) is
reached and ending on August 31, 2000.
(2) EFFECTIVE DATE- Paragraph (1) shall take effect as if included in the
enactment of section 411 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).

SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE
DEGREE RECIPIENTS; COUNTING RULES.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g))
is amended by adding at the end the following new paragraphs:
`(5) The numerical limitations 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 is employed (or has received an
offer of employment) at--
`(A) an institution of higher education (as defined in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or
affiliated nonprofit entity; or
`(B) a nonprofit research organization or a governmental research
organization.
`(6) Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 101(a)(15)(H)(i)(b), who has not previously been counted toward
the numerical limitations contained in paragraph (1)(A), be counted toward
those limitations the first time the alien is employed by an employer
other than one described in paragraph (5).
`(7) Any alien who has already been counted, within the 6 years prior to
the approval of a petition described in subsection (c), toward the
numerical limitations of paragraph (1)(A) shall not again be counted
toward those limitations unless the alien would be eligible for a full 6
years of authorized admission at the time the petition is filed. Where
multiple petitions are approved for 1 alien, that alien shall be counted
only once.'.

SEC. 104. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO
EMPLOYMENT-BASED IMMIGRANTS.
(a) SPECIAL RULES- Section 202(a) of the Immigration and Nationality Act
(8 U.S.C. 1152(a)) is amended by adding at the end the following new
paragraph:
`(5) RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
`(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION
IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available
under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a
calendar quarter exceeds the number of qualified immigrants who may
otherwise be issued such visas, the visas made available under that
paragraph shall be issued without regard to the numerical limitation under
paragraph (2) of this subsection during the remainder of the calendar
quarter.
`(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (E)-
In the case of a foreign state or dependent area to which subsection (e)
applies, if the total number of visas issued under section 203(b) exceeds
the maximum number of visas that may be made available to immigrants of
the state or area under section 203(b) consistent with subsection (e)
(determined without regard to this paragraph), in applying subsection (e)
all visas shall be deemed to have been required for the classes of aliens
specified in section 203(b).'.
(b) CONFORMING AMENDMENTS-
(1) Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1152(a)(2)) is amended by striking `paragraphs (3) and (4)' and inserting
`paragraphs (3), (4), and (5)'.
(2) Section 202(e)(3) of the Immigration and Nationality Act (8 U.S.C.
1152(e)(3)) is amended by striking `the proportion of the visa numbers'
and inserting `except as provided in subsection (a)(5), the proportion of
the visa numbers'.
(c) ONE-TIME PROTECTION UNDER PER COUNTRY CEILING- Notwithstanding section
214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)),
any alien who--
(1) is the beneficiary of a petition filed under section 204(a) of that
Act for a preference status under paragraph (1), (2), or (3) of section
203(b) of that Act; and
(2) is eligible to be granted that status but for application of the per
country limitations applicable to immigrants under those paragraphs,
may apply for, and the Attorney General may grant, an extension of such
nonimmigrant status until the alien's application for adjustment of status
has been processed and a decision made thereon.

SEC. 105. INCREASED PORTABILITY OF H-1B STATUS.
(a) IN GENERAL- Section 214 of the Immigration and Nationality Act (8
U.S.C. 1184) is amended by adding at the end the following new subsection:
`(m)(1) A nonimmigrant alien described in paragraph (2) who was previously
issued a visa or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing
by the prospective employer of a new petition on behalf of such
nonimmigrant as provided under subsection (a). Employment authorization
shall continue for such alien until the new petition is adjudicated. If
the new petition is denied, such authorization shall cease.
`(2) A nonimmigrant alien described in this paragraph is a nonimmigrant
alien--
`(A) who has been lawfully admitted into the United States;
`(B) on whose behalf an employer has filed a nonfrivolous petition for new
employment before the date of expiration of the period of stay authorized
by the Attorney General; and
`(C) who, subsequent to such lawful admission, has not been employed
without authorization in the United States before the filing of such
petition.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
petitions filed before, on, or after the date of enactment of this Act.

SEC. 106. SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS.
(a) EXEMPTION FROM LIMITATION- The limitation contained in section
214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4))
with respect to the duration of authorized stay shall not apply to any
nonimmigrant alien previously issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) of that Act on whose
behalf a petition under section 204(b) of that Act to accord the alien
immigrant status under section 203(b) of that Act, or an application for
adjustment of status under section 245 of that Act to accord the alien
status under such section 203(b), has been filed, if 365 days or more have
elapsed since--
(1) the filing of a labor certification application on the alien's behalf
(if such certification is required for the alien to obtain status under
such section 203(b)); or
(2) the filing of the petition under such section 204(b).
(b) EXTENSION OF H1-B WORKER STATUS- The Attorney General shall extend the
stay of an alien who qualifies for an exemption under subsection (a) in
one-year increments until such time as a final decision is made on the
alien's lawful permanent residence.
(c) INCREASED JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT
OF STATUS-
(1) Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is
amended by adding at the end the following new subsection:
`(j) JOB FLEXIBILITY FOR LONG DELAYED APPLICANTS FOR ADJUSTMENT OF STATUS
TO PERMANENT RESIDENCE- A petition under subsection (a)(1)(D) for an
individual whose application for adjustment of status pursuant to section
245 has been filed and remained unadjudicated for 180 days or more shall
remain valid with respect to a new job if the individual changes jobs or
employers if the new job is in the same or a similar occupational
classification as the job for which the petition was filed.'.
(2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(5)(A)) is amended by adding at the end the following new clause:
`(iv) LONG DELAYED ADJUSTMENT APPLICANTS- A certification made
under clause (i) with respect to an individual whose petition is covered
by section 204(j) shall remain valid with respect to a new job accepted by
the individual after the individual changes jobs or employers if the new
job is in the same or a similar occupational classification as the job for
which the certification was issued.'.
(d) RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS-
(1) IN GENERAL- Notwithstanding any other provision of law, the number of
employment-based visas (as defined in paragraph (3)) made available for a
fiscal year (beginning with fiscal year 2001) shall be increased by the
number described in paragraph (2). Visas made available under this
subsection shall only be available in a fiscal year to employment-based
immigrants under paragraph (1), (2), or (3) of section 203(b) of the
Immigration and Nationality Act.
(2) NUMBER AVAILABLE-
(A) IN GENERAL- Subject to subparagraph (B), the number described in
this paragraph is the difference between the number of employment-based
visas that were made available in fiscal year 1999 and 2000 and the number
of such visas that were actually used in such fiscal years.
(B) REDUCTION- The number described in subparagraph (A) shall be reduced,
for each fiscal year after fiscal year 2001, by the cumulative number of
immigrant visas actually used under paragraph (1) for previous fiscal
years.
(C) CONSTRUCTION- Nothing in this paragraph shall be construed as
affecting the application of section 201(c)(3)(C) of the Immigration and
Nationality Act (8 U.S.C. 1151(c)(3)(C)).
(3) EMPLOYMENT-BASED VISAS DEFINED- For purposes of this subsection, the
term `employment-based visa' means an immigrant visa which is issued
pursuant to the numerical limitation under section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)).

SEC. 107. EXTENSION OF CERTAIN REQUIREMENTS AND AUTHORITIES THROUGH FISCAL
YEAR 2002.
(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
`October 1, 2001' and inserting `October 1, 2003'.
(b) DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES- Section 413(e)(2) of
the American Competitiveness and Workforce Improvement Act of 1998 (as
contained in title IV of division C of Public Law 105-277) is amended by
striking `September 30, 2001' and inserting `September 30, 2003'.

SEC. 108. RECOVERY OF VISAS USED FRAUDULENTLY.
Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184
(g)(3)) is amended to read as follows:
`(3) Aliens who are subject to the numerical limitations of paragraph (1)
shall be issued visas (or otherwise provided nonimmigrant status) in the
order in which petitions are filed for such visas or status. If an alien
who was issued a visa or otherwise provided nonimmigrant status and
counted against the numerical limitations of paragraph (1) is found to
have been issued such visa or otherwise provided such status by fraud or
willfully misrepresenting a material fact and such visa or nonimmigrant
status is revoked, then one number shall be restored to the total number o
f aliens who may be issued visas or otherwise provided such status under
the numerical limitations of paragraph (1) in the fiscal year in which the
petition is revoked, regardless of the fiscal year in which the petition
was approved.'.

SEC. 109. NSF STUDY AND REPORT ON THE `DIGITAL DIVIDE'.
(a) STUDY- The National Science Foundation shall conduct a study of the
divergence in access to high technology (commonly referred to as the
`digital divide') in the United States.
(b) REPORT- Not later than 18 months after the date of enactment of this
Act, the Director of the National Science Foundation shall submit a report
to Congress setting forth the findings of the study conducted under
subsection (a).

SEC. 110. MODIFICATION OF NONIMMIGRANT PETITIONER ACCOUNT PROVISIONS.
(a) ALLOCATION OF FUNDS- Section 286(s) of the Immigration and Nationality
Act (8 U.S.C. 1356(s)) is amended--
(1) in paragraph (2), by striking `56.3 percent' and inserting `55
percent';
(2) in paragraph (3), by striking `28.2 percent' and inserting `23.5
percent';
(3) by amending paragraph (4) to read as follows:
`(4) NATIONAL SCIENCE FOUNDATION COMPETITIVE GRANT PROGRAM FOR K-12 MATH,
SCIENCE AND TECHNOLOGY EDUCATION-
`(A) IN GENERAL- 15 percent of the amounts deposited into the H-1B
Nonimmigrant Petitioner Account shall remain available to the Director of
the National Science Foundation until expended to carry out a direct or
matching grant program to support private-public partnerships in K-12
education.
`(B) TYPES OF PROGRAMS COVERED- The Director shall award grants to such
programs, including those which support the development and implementation
of standards-based instructional materials models and related student
assessments that enable K-12 students to acquire an understanding of
science, mathematics, and technology, as well as to develop critical
thinking skills; provide systemic improvement in training K-12 teachers
and education for students in science, mathematics, and technology;
support the professional development of K-12 math and science teachers in
the use of technology in the classroom; stimulate system-wide K-12 reform
of science, mathematics, and technology in rural, economically
disadvantaged regions of the United States; provide externships and other
opportunities for students to increase their appreciation and
understanding of science, mathematics, engineering, and technology
(including summer institutes sponsored by an institution of higher
education for students in grades 7-12 that provide instruction in such
fields); involve partnerships of industry, educational institutions, and
community organizations to address the educational needs of disadvantaged
communities; provide college preparatory support to expose and prepare
students for careers in science, mathematics, engineering, and technology;
and provide for carrying out systemic reform activities under section
3(a)(1) of the National Science Foundation Act of 1950 (42 U.S.C.
1862(a)(1)).';
(4) in paragraph (6), by striking `6 percent' and inserting `5 percent';
and
(5) in paragraph (6), by striking `3 percent' each place it appears and
inserting `2.5 percent'.
(b) LOW-INCOME SCHOLARSHIP PROGRAM- Section 414(d)(3) of the American
Competitiveness and Workforce Improvement Act of 1998 (as contained in
title IV of division C of Public Law 105-277) is amended by striking
`$2,500 per year.' and inserting `$3,125 per year. The Director may renew
scholarships for up to 4 years.'.
(c) REPORTING REQUIREMENT- Section 414 of the American Competitiveness and
Workforce Improvement Act of 1998 (as contained in title IV of division C
of Public Law 105-277) is amended by adding at the end the following new
subsection:
`(e) REPORTING REQUIREMENT- The Secretary of Labor and the Director of the
National Science Foundation shall--
`(1) track and monitor the performance of programs receiving H-1B
Nonimmigrant Fee grant money; and
`(2) not later than one year after the date of enactment of this
subsection, submit a report to the Committees on the Judiciary of the
House of Representatives and the Senate--
`(A) the tracking system to monitor the performance of programs
receiving H-1B grant funding; and
`(B) the number of individuals who have completed training and have
entered the high-skill workforce through these programs.'.

SEC. 111. DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS
TRAINING FOR WORKERS.
Section 414(c) of the American Competitiveness and Workforce Improvement
Act of 1998 (as contained in title IV of division C of Public Law 105-277;
112 Stat. 2681-653) is amended to read as follows:
`(c) DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS
TRAINING FOR WORKERS-
`(1) IN GENERAL-
`(A) FUNDING- The Secretary of Labor shall use funds available under
section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)) to establish demonstration programs or projects to provide
technical skills training for workers, including both employed and
unemployed workers.
`(B) TRAINING PROVIDED- Training funded by a program or project described
in subparagraph (A) shall be for persons who are currently employed and
who wish to obtain and upgrade skills as well as for persons who are
unemployed. Such training is not limited to skill levels commensurate with
a four-year undergraduate degree, but should include the preparation of
workers for a broad range of positions along a career ladder.
Consideration shall be given to the use of grant funds to demonstrate a
significant ability to expand a training program or project through such
means as training more workers or offering more courses, and training
programs or projects resulting from collaborations, especially with more
than one small business or with a labor-management training program or
project. The need for the training shall be justified through reliable
regional, State, or local data.
`(2) GRANTS-
`(A) ELIGIBILITY- To carry out the programs and projects described in
paragraph (1)(A), the Secretary of Labor shall, in consultation with the
Secretary of Commerce, subject to the availability of funds in the H-1B
Nonimmigrant Petitioner Account, award--
`(i) 75 percent of the grants to a local workforce investment board
established under section 116(b) or section 117 of the Workforce
Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a
region. Each workforce investment board or consortia of boards receiving
grant funds shall represent a local or regional public-private partnership
consisting of at least--
`(I) one workforce investment board;
`(II) one community-based organization or higher education institution or
labor union; and
`(III) one business or business-related nonprofit organization such as a
trade association: Provided, That the activities of such local or regional
public-private partnership described in this subsection shall be conducted
in coordination with the activities of the relevant local workforce
investment board or boards established under the Workforce Investment Act
of 1998 (29 U.S.C. 2832); and
`(ii) 25 percent of the grants under the Secretary of Labor's
authority to award grants for demonstration projects or programs under
section 171 of the Workforce Investment Act (29 U.S.C. 2916) to
partnerships that shall consist of at least 2 businesses or a
business-related nonprofit organization that represents more than one
business, and that may include any educational, labor, community
organization, or workforce investment board, except that such grant funds
may be used only to carry out a strategy that would otherwise not be
eligible for funds provided under clause (i), due to barriers in meeting
those partnership eligibility criteria, on a national, multistate,
regional, or rural area (such as rural telework programs) basis.
`(B) DESIGNATION OF RESPONSIBLE FISCAL AGENTS- Each partnership formed
under subparagraph (A) shall designate a responsible fiscal agent to
receive and disburse grant funds under this subsection.
`(C) PARTNERSHIP CONSIDERATIONS- Consideration in the awarding of grants
shall be given to any partnership that involves and directly benefits more
than one small business (each consisting of 100 employees or less).
`(D) ALLOCATION OF GRANTS- In making grants under this paragraph, the
Secretary shall make every effort to fairly distribute grants across rural
and urban areas, and across the different geographic regions of the United
States. The total amount of grants awarded to carry out programs and
projects described in paragraph (1)(A) shall be allocated as follows:
`(i) At least 80 percent of the grants shall be awarded to programs
and projects that train employed and unemployed workers in skills in high
technology, information technology, and biotechnology, including skills
needed for software and communications services, telecommunications,
systems installation and integration, computers and communications
hardware, advanced manufacturing, health care technology, biotechnology
and biomedical research and manufacturing, and innovation services.
`(ii) No more than 20 percent of the grants shall be available to programs
and projects that train employed and unemployed workers for skills related
to any single specialty occupation, as defined in section 214(i) of the
Immigration and Nationality Act.
`(3) START-UP FUNDS-
`(A) IN GENERAL- Except as provided in subparagraph (B), not more than 5
percent of any single grant, or not to exceed $75,000, whichever is less,
may be used toward the start-up costs of partnerships or new training
programs and projects.
`(B) EXCEPTION- In the case of partnerships consisting primarily of small
businesses, not more than 10 percent of any single grant, or $150,000,
whichever is less, may be used toward the start-up costs of partnerships
or new training programs and projects.
`(C) DURATION OF START-UP PERIOD- For purposes of this subsection, a
start-up period consists of a period of not more than 2 months after the
grant period begins, at which time training shall immediately begin and no
further Federal funds may be used for start-up purposes.
`(4) TRAINING OUTCOMES-
`(A) CONSIDERATION FOR CERTAIN PROGRAMS AND PROJECTS- Consideration in
the awarding of grants shall be given to applicants that provide a
specific, measurable commitment upon successful completion of a training
course, to--
`(i) hire or effectuate the hiring of unemployed trainees (where
applicable);
`(ii) increase the wages or salary of incumbent workers (where
applicable); and
`(iii) provide skill certifications to trainees or link the training to
industry-accepted occupational skill standards, certificates, or licensing
requirements.
`(B) REQUIREMENTS FOR GRANT APPLICATIONS- Applications for grants
shall--
`(i) articulate the level of skills that workers will be trained
for and the manner by which attainment of those skills will be measured;
`(ii) include an agreement that the program or project shall be subject to
evaluation by the Secretary of Labor to measure its effectiveness; and
`(iii) in the case of an application for a grant under subsection
(c)(2)(A)(ii), explain what barriers prevent the strategy from being
implemented through a grant made under subsection (c)(2)(A)(i).
`(5) MATCHING FUNDS- Each application for a grant to carry out a program
or project described in paragraph (1)(A) shall state the manner by which
the partnership will provide non-Federal matching resources (cash, or
in-kind contributions, or both) equal to at least 50 percent of the total
grant amount awarded under paragraph (2)(A)(i), and at least 100 percent
of the total grant amount awarded under paragraph (2)(A)(ii). At least
one-half of the non-Federal matching funds shall be from the business or
businesses or business-related nonprofit organizations involved.
Consideration in the award of grants shall be given to applicants that
provide a specific commitment or commitments of resources from other
public or private sources, or both, so as to demonstrate the long-term
sustainability of the training program or project after the grant expires.
`(6) ADMINISTRATIVE COSTS- An entity that receives a grant to carry out a
program or project described in paragraph (1)(A) may not use more than 10
percent of the amount of the grant to pay for administrative costs
associated with the program or project.'.

SEC. 112. KIDS 2000 CRIME PREVENTION AND COMPUTER EDUCATION INITIATIVE.
(a) SHORT TITLE- This section may be cited as the `Kids 2000 Act'.
(b) FINDINGS- Congress makes the following findings:
(1) There is an increasing epidemic of juvenile crime throughout the
United States.
(2) It is well documented that the majority of juvenile crimes take place
during after-school hours.
(3) Knowledge of technology is becoming increasingly necessary for
children in school and out of school.
(4) The Boys and Girls Clubs of America have 2,700 clubs throughout all 50
States, serving over 3,000,000 boys and girls primarily from at-risk
communities.
(5) The Boys and Girls Clubs of America have the physical structures in
place for immediate implementation of an after-school technology program.
(6) Building technology centers and providing integrated content and
full-time staffing at those centers in the Boys and Girls Clubs of America
nationwide will help foster education, job training, and an alternative to
crime for at-risk youth.
(7) Partnerships between the public sector and the private sector are an
effective way of providing after-school technology programs in the Boys
and Girls Clubs of America.
(8) PowerUp: Bridging the Digital Divide is an entity comprised of more
than a dozen nonprofit organizations, major corporations, and Federal
agencies that have joined together to launch a major new initiative to
help ensure that America's underserved young people acquire the skills,
experiences, and resources they need to succeed in the digital age.
(9) Bringing PowerUp into the Boys and Girls Clubs of America will be an
effective way to ensure that our youth have a safe, crime-free environment
in which to learn the technological skills they need to close the divide
between young people who have access to computer-based information and
technology-related skills and those who do not.
(c) AFTER-SCHOOL TECHNOLOGY GRANTS TO THE BOYS AND GIRLS CLUBS OF AMERICA-
(1) PURPOSES- The Attorney General shall make grants to the Boys and Girls
Clubs of America for the purpose of funding effective after-school
technology programs, such as PowerUp, in order to provide--
(A) constructive technology-focused activities that are part of a
comprehensive program to provide access to technology and technology
training to youth during after-school hours, weekends, and school
vacations;
(B) supervised activities in safe environments for youth; and
(C) full-time staffing with teachers, tutors, and other qualified
personnel.
(2) SUBAWARDS- The Boys and Girls Clubs of America shall make subawards to
local boys and girls clubs authorizing expenditures associated with
providing technology programs such as PowerUp, including the hiring of
teachers and other personnel, procurement of goods and services, including
computer equipment, or such other purposes as are approved by the Attorney
General.
(d) APPLICATIONS-
(1) ELIGIBILITY- In order to be eligible to receive a grant under this
section, an applicant for a subaward (specified in subsection (c)(2))
shall submit an application to the Boys and Girls Clubs of America, in
such form and containing such information as the Attorney General may
reasonably require.
(2) APPLICATION REQUIREMENTS- Each application submitted in accordance
with paragraph (1) shall include--
(A) a request for a subgrant to be used for the purposes of this
section;
(B) a description of the communities to be served by the grant, including
the nature of juvenile crime, violence, and drug use in the communities;
(C) written assurances that Federal funds received under this section will
be used to supplement and not supplant, non-Federal funds that would
otherwise be available for activities funded under this section;
(D) written assurances that all activities funded under this section will
be supervised by qualified adults;
(E) a plan for assuring that program activities will take place in a
secure environment that is free of crime and drugs;
(F) a plan outlining the utilization of content-based programs such as
PowerUp, and the provision of trained adult personnel to supervise the
after-school technology training; and
(G) any additional statistical or financial information that the Boys and
Girls Clubs of America may reasonably require.
(e) GRANT AWARDS- In awarding subgrants under this section, the Boys and
Girls Clubs of America shall consider--
(1) the ability of the applicant to provide the intended services;
(2) the history and establishment of the applicant in providing youth
activities; and
(3) the extent to which services will be provided in crime-prone areas and
technologically underserved populations, and efforts to achieve an
equitable geographic distribution of the grant awards.
(f) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There is authorized to be appropriated $20,000,000 for
each of the fiscal years 2001 through 2006 to carry out this section.
(2) SOURCE OF FUNDS- Funds to carry out this section may be derived from
the Violent Crime Reduction Trust Fund.
(3) CONTINUED AVAILABILITY- Amounts made available under this subsection
shall remain available until expended.

SEC. 113. USE OF FEES FOR DUTIES RELATING TO PETITIONS.
(a) Section 286(s)(5) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(5)) is amended to read as follows: `4 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner Account shall remain
available to the Attorney General until expended to carry out duties under
paragraphs (1) and (9) of section 214(c) related to petitions made for
nonimmigrants described in section 101(a)(15)(H)(i)(b), under paragraph
(1) (C) or (D) of section 204 related to petitions for immigrants
described in section 203(b).'.
(b) Notwithstanding any other provision of this Act, the figure on page
14, line 16 is deemed to be `22 percent'; the figure on page 16, line 14
is deemed to be `4 percent'; and the figure on page 16, line 16 is deemed
to be `2 percent'.

SEC. 114. EXCLUSION OF CERTAIN `J' NONIMMIGRANTS FROM NUMERICAL
LIMITATIONS APPLICABLE TO `H-1B' NONIMMMIGRANTS.
The numerical limitations contained in section 102 of this title shall not
apply to any nonimmigrant alien granted a waiver that is subject to the
limitation contained in paragraph (1)(B) of the first section 214(l) of
the Immigration and Nationality Act (relating to restrictions on waivers).

SEC. 115. STUDY AND REPORT ON THE `DIGITAL DIVIDE'.
(a) STUDY- The Secretary of Commerce shall conduct a review of existing
public and private high-tech workforce training programs in the United
States.
(b) REPORT- Not later than 18 months after the date of enactment of this
Act, the Secretary of Commerce shall submit a report to Congress setting
forth the findings of the study conducted under subsection (a).

SEC. 116. SEVERABILITY.
If any provision of this title (or any amendment made by this title) or
the application thereof to any person or circumstance is held invalid, the
remainder of the title (and the amendments made by this title) and the
application of such provision to any other person or circumstance shall
not be affected thereby. This section be enacted 2 days after effective
date.

TITLE II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

SEC. 201. SHORT TITLE.
This title may be cited as the `Immigration Services and Infrastructure
Improvements Act of 2000'.

SEC. 202. PURPOSES.
(a) PURPOSES- The purposes of this title are to--
(1) provide the Immigration and Naturalization Service with the mechanisms
it needs to eliminate the current backlog in the processing of immigration
benefit applications within 1 year after enactment of this Act and to
maintain the elimination of the backlog in future years; and
(2) provide for regular congressional oversight of the performance of the
Immigration and Naturalization Service in eliminating the backlog and
processing delays in immigration benefits adjudications.
(b) POLICY- It is the sense of Congress that the processing of an
immigration benefit application should be completed not later than 180
days after the initial filing of the application, except that a petition
for a nonimmigrant visa under section 214(c) of the Immigration and
Nationality Act should be processed not later than 30 days after the
filing of the petition.

SEC. 203. DEFINITIONS.
In this title:
(1) BACKLOG- The term `backlog' means, with respect to an immigration
benefit application, the period of time in excess of 180 days that such
application has been pending before the Immigration and Naturalization
Service.
(2) IMMIGRATION BENEFIT APPLICATION- The term `immigration benefit
application' means any application or petition to confer, certify, change,
adjust, or extend any status granted under the Immigration and Nationality
Act.

SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT ACCOUNT.
(a) AUTHORITY OF THE ATTORNEY GENERAL- The Attorney General shall take
such measures as may be necessary to--
(1) reduce the backlog in the processing of immigration benefit
applications, with the objective of the total elimination of the backlog
not later than one year after the date of enactment of this Act;
(2) make such other improvements in the processing of immigration benefit
applications as may be necessary to ensure that a backlog does not develop
after such date; and
(3) make such improvements in infrastructure as may be necessary to
effectively provide immigration services.
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There is authorized to be appropriated to the Department
of Justice from time to time such sums as may be necessary for the
Attorney General to carry out subsection (a).
(2) DESIGNATION OF ACCOUNT IN TREASURY- Amounts appropriated pursuant to
paragraph (1) may be referred to as the `Immigration Services and
Infrastructure Improvements Account'.
(3) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to paragraph (1)
are authorized to remain available until expended.
(4) LIMITATION ON EXPENDITURES- None of the funds appropriated pursuant to
paragraph (1) may be expended until the report described in section 205(a)
has been submitted to Congress.

SEC. 205. REPORTS TO CONGRESS.
(a) BACKLOG ELIMINATION PLAN-
(1) REPORT REQUIRED- Not later than 90 days after the date of enactment of
this Act, the Attorney General shall submit a report to the Committees on
the Judiciary and Appropriations of the Senate and the House of
Representatives concerning--
(A) the backlogs in immigration benefit applications in existence as of
the date of enactment of this title; and
(B) the Attorney General's plan for eliminating such backlogs.
(2) REPORT ELEMENTS- The report shall include--
(A) an assessment of the data systems used in adjudicating and reporting
on the status of immigration benefit applications, including--
(i) a description of the adequacy of existing computer hardware,
computer software, and other mechanisms to comply with the adjudications
and reporting requirements of this title; and
(ii) a plan for implementing improvements to existing data systems to
accomplish the purpose of this title, as described in section 202(a);
(B) a description of the quality controls to be put into force to ensure
timely, fair, accurate, and complete processing and adjudication of such
applications;
(C) the elements specified in subsection (b)(2);
(D) an estimate of the amount of appropriated funds that would be
necessary in order to eliminate the backlogs in each category of
immigration benefit applications described in subsection (b)(2); and
(E) a detailed plan on how the Attorney General will use any funds in the
Immigration Services and Infrastructure Improvements Account to comply
with the purposes of this title.
(b) ANNUAL REPORTS-
(1) IN GENERAL- Beginning 90 days after the end of the first fiscal year
for which any appropriation authorized by section 204(b) is made, and 90
days after the end of each fiscal year thereafter, the Attorney General
shall submit a report to the Committees on the Judiciary and
Appropriations of the Senate and the House of Representatives concerning
the status of--
(A) the Immigration Services and Infrastructure Improvements Account
including any unobligated balances of appropriations in the Account; and
(B) the Attorney General's efforts to eliminate backlogs in any
immigration benefit application described in paragraph (2).
(2) REPORT ELEMENTS- The report shall include--
(A) State-by-State data on--
(i) the number of naturalization cases adjudicated in each quarter
of each fiscal year;
(ii) the average processing time for naturalization applications;
(iii) the number of naturalization applications pending for up to 6
months, 12 months, 18 months, 24 months, 36 months, and 48 months or more;
(iv) estimated processing times adjudicating newly submitted
naturalization applications;
(v) an analysis of the appropriate processing times for naturalization
applications; and
(vi) the additional resources and process changes needed to eliminate the
backlog for naturalization adjudications;
(B) the status of applications or, where applicable, petitions described
in subparagraph (C), by Immigration and Naturalization Service district,
including--
(i) the number of cases adjudicated in each quarter of each fiscal
year;
(ii) the average processing time for such applications or petitions;
(iii) the number of applications or petitions pending for up to 6 months,
12 months, 18 months, 24 months, 36 months, and 48 months or more;
(iv) the estimated processing times adjudicating newly submitted
applications or petitions;
(v) an analysis of the appropriate processing times for applications or
petitions; and
(vi) a description of the additional resources and process changes needed
to eliminate the backlog for such processing and adjudications; and
(C) a status report on--
(i) applications for adjustments of status to that of an alien
lawfully admitted for permanent residence;
(ii) petitions for nonimmigrant visas under section 214 of the Immigration
and Nationality Act;
(iii) petitions filed under section 204 of such Act to classify aliens as
immediate relatives or preference immigrants under section 203 of such
Act;
(iv) applications for asylum under section 208 of such Act;
(v) registrations for Temporary Protected Status under section 244 of such
Act; and
(vi) a description of the additional resources and process changes needed
to eliminate the backlog for such processing and adjudications.
(3) ABSENCE OF APPROPRIATED FUNDS- In the event that no funds are
appropriated subject to section 204(b) in the fiscal year in which this
Act is enacted, the Attorney General shall submit a report to Congress not
later than 90 days after the end of such fiscal year, and each fiscal year
thereafter, containing the elements described in paragraph (2).
Passed the Senate October 3 (legislative day, September 22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 2045
AN ACT
To amend the Immigration and Nationality Act with respect to H-1B
nonimmigrant aliens.
END
For Immediate Release
October 17, 2000

STATEMENT BY THE PRESIDENT

I am pleased today to sign into law S. 2045, the "American Competitiveness
in the Twenty-First Century Act," and H.R. 5362, an Act to increase the
fees charged to employers who petition to employ H-1B non-immigrant
workers. Together, these laws increase the number of H-1B visas available
to bring in highly skilled foreign temporary workers and double the fee
charged to employers using the program to provide critical funding for
training U.S. workers and students. The Acts recognize the importance of
allowing additional skilled workers into the United States to work in the
short-run, while supporting longer-term efforts to prepare American
workers for the jobs of the new economy. At the core of my economic
strategy has been the belief that fiscal discipline and freeing up capital
for private sector investment must be accompanied by a commitment to
invest in human capital. The growing demand for workers with high-tech
skills is a dramatic illustration of the need to "put people first" and
increase our investments in education and training. Today, many companies
are reporting that their number one constraint on growth is the inability
to hire workers with the necessary skills. In today's knowledge-based
economy, what you earn depends on what you learn. Jobs in the information
technology sector, for example, pay 85 percent more than the private
sector average. My Administration has made clear that any increase in H-1B
visas should be temporary and limited in number, that the fee charged to
employers using the program should be increased significantly, and that
the majority of the funds generated by the fee must go to the Department
of Labor to fund training for U.S. workers seeking the necessary skills
for these jobs. This legislation does those things. But the need to
educate and train workers for these high-skilled jobs goes beyond what has
been addressed here. I want to challenge the high-tech companies to
redouble their efforts to find long-term solutions to the rapidly growing
demand for workers with technical skills. This will require doing more to
improve K-12 science and math education, upgrading the skills of our
existing workforce, and recruiting from under-represented groups such as
older workers, minorities, women, persons with disabilities, and residents
of rural areas. Many companies have important initiatives in these areas,
but we clearly need to be doing more. This legislation contains a number
of provisions that merit concern. For example, one provision allows an
H-1B visa holder to work for an employer who has not yet been approved for
participation in the H-1B program. In addition, there are provisions that
could have the unintended consequence of allowing an H-1B visa holder who
is applying for a permanent visa to remain in H-1B status well beyond the
current 6-year limit. I am concerned that these provisions could weaken
existing protections that ensure that the H1-B program does not undercut
the wages and working conditions of U.S. workers, and could also increase
the vulnerability of H--1B workers to any unscrupulous employers using the
program. For example, one of the key requirements of the H-1B program is
that the foreign worker is paid the same wage as U.S. workers doing the
same job. This legislation, however, by allowing H-1B workers to change
employers before a new employer's application has been approved, could
result in an employer -- knowingly or unknowingly -- not paying the
prevailing wage. For these reasons, I am directing the Immigration and
Naturalization Service, in consultation with the Department of State and
the Department of Labor, to closely monitor the impact of these provisions
to determine whether the next congress should revisit these changes made
to the H-1B program. I had hoped that the Congress would take this
opportunity to address important issues of fairness affecting many
immigrants already in this country. We need to meet the needs of the
high-tech industry by raising the number of visas for temporary high-tech
workers. But we also must ensure fairness for immigrants who have been in
this country for years, working hard and paying taxes. The Latino and
Immigrant Fairness Act (LIFA) will allow people who have lived here for 15
years or more -- and who have established families and strong ties to
their communities -- to become permanent residents. It will also amend the
Nicaraguan Adjustment and Central American Relief Act (NACARA) to extend
the same protections currently offered to people from Cuba and Nicaragua
to immigrants from Honduras, Guatemala, El Salvador, Haiti, and Liberia
who fled to this country to escape serious hardship. Finally, it will
allow families to stay together while their applications for permanent
resident status are being processed. These fundamental fairness provisions
have been embraced by humanitarian groups, business groups, and Members of
the Congress from both sides of the aisle. I will continue to insist
strongly on passage of the Latino and Immigrant Fairness Act this year,
before the Congress adjourns.
WILLIAM J. CLINTON
THE WHITE HOUSE
October 17, 2000.

If you came from a search engine directly to this page, please click here Home.