To amend the Immigration and Nationality Act to make changes relating to H-1B nonimmigrants.
TABLE OF CONTENTS:
Title I: Provisions Relating to H-1B Nonimmigrants
Title II: Special Immigrant Status for Certain NATO Civilian
Employees
Title III: Miscellaneous Provision
Temporary Access to Skilled Workers and H-1B Nonimmigrant Program Improvement Act of 1998 - Title I: Provisions Relating to H-1B Nonimmigrants - Amends the Immigration and Nationality Act to temporarily increase (through FY 2001) the annual number of skilled foreign worker H-1B visas.
(Sec. 102) Requires a prospective H-1B-dependent employer (as defined by this Act) to include in the H-1B admission attestation: (1) specified protections against U.S. worker layoffs and nonimmigrant worker transfers to another employer; and (2) demonstration of a good faith effort to recruit U.S. workers (exempts aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives from such recruitment requirement).
Exempts aliens from such additional attestations who: (1) will have an annual salary of at least $60,000; or (2) have a master's or equivalent degree related to their intended employment.
(Sec. 103) Revises specified enforcement and penalty provisions. Establishes an arbitration process for disputes involving U.S. worker hiring qualifications. Grants the Secretary of Labor additional investigative authority (through September 30, 2001).
(Sec. 104) Provides for a $500 H-1B employer application fee (except for universities and certain other institutions). Establishes in the Treasury the H-1B Nonimmigrant Petitioner Account, to be used for: (1) grants for low-income students enrolled in mathematics, computer science, or engineering programs; (2) specified U.S. worker job training and related demonstration programs; and (3) application processing and enforcement.
(Sec. 105) Sets forth prevailing wage criteria for professional athlete and academic or research institute employee categories.
(Sec. 106) Directs the Attorney General to maintain an accurate count of H-1B and H-2B nonimmigrants, revise petition forms as necessary, and report with respect to such persons' numbers, occupations, and countries of origin. (Sec. 107) Directs the Secretary of Commerce to report on age discrimination in the information technology field.
(Sec. 108) Requires the Director of the National Science Foundation to assess labor market needs for high technology workers during the next ten years, including the economic impact of an increase in H-1B nonimmigrants.
Title II: Special Immigrant Status for Certain NATO Civilian Employees - Amends the Immigration and Nationality Act to provide special immigrant status for certain North Atlantic Treaty Organization (NATO) civilian employees and their dependents.
Title III: Miscellaneous Provision - Amends the Immigration and Nationality Act to authorize H-1B aliens to accept specified academic honorarium payments for services on behalf of an institution of higher education or other nonprofit entity.
Motion to reconsider laid on the table Agreed to without objection.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 4.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-657.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-657.
Placed on the Union Calendar, Calendar No. 368.
Rules Committee Resolution H. Res. 513 Reported to House. Rule provides for consideration of H.R. 3736 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendment recommended by the Committee on the Judiciary now printed in the bill, the amendment in the nature of a substitute printed in the Congressional Record and numbered 3 shall be considered as adopted. Measure will be considered read. Specified amendments are in order. The amendment printed in the Congressional Record and numbered 2 shall be in order without intervention of any point of order or demand for division of the question, shall be considered read, and debatable for 1 hour equally divided and controlled.
Rule H. Res. 513 passed House.
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DEBATE - The House proceeded with one hour of debate.
Considered under the provisions of rule H. Res. 513. (consideration: CR H8578-8602)
Rule provides for consideration of H.R. 3736 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. In lieu of the amendment recommended by the Committee on the Judiciary now printed in the bill, the amendment in the nature of a substitute printed in the Congressional Record and numbered 3 shall be considered as adopted. Measure will be considered read. Specified amendments are in order. The amendment printed in the Congressional Record and numbered 2 shall be in order without intervention of any point of order or demand for division of the question, shall be considered read, and debatable for 1 hour equally divided and controlled.
DEBATE - The House proceeded with one hour of debate.
DEBATE - The House proceeded with 1 hour of debate on the amendment in the nature of a substitute made in order by the rule.
The previous question was ordered pursuant to the rule.
Passed/agreed to in House: On passage Passed by recorded vote: 288 - 133 (Roll No. 460).
Roll Call #460 (House)On passage Passed by recorded vote: 288 - 133 (Roll No. 460).
Roll Call #460 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3736.
Received in the Senate.