(Sec. 102) Permits: (1) an H-1B alien, under specified circumstances, to accept new employment upon a prospective employer's filing of a new petition; and (2) employment during such petition's adjudication period.
Title II: New Requirements on Petitioning Employers; Petition Filing Fee Reduction for Local Educational Agencies - Amends the Act to establish $40,000 H-1B minimum salary requirements, with exceptions for elementary or secondary teachers, an institution of higher education or related nonprofit entity, or a nonprofit or governmental research organization.
(Sec. 202) Requires an H-1B employer to electronically submit specified information (nationality, academic degrees, wages) respecting such employees to the Secretary of Labor, who shall subsequently make such information available on the Internet.
(Sec. 203) Establishes a $200 employer processing fee for an H-1B initial employment or employment change petition. Establishes an H-1B Processing Fee Account in the Treasury.
(Sec. 204) Requires an H-1B alien seeking admission as a physical therapist to have completed a degree recognized by a Secretary of Labor-approved body as equivalent to a U.S. master's degree in physical therapy.
(Sec. 205) Reduces to $100 the employer filing fee for local educational agencies.
Title III: Noncompliance Provisions for H-1B Nonimmigrants - Amends the Act to require specialty occupation workers and fashion models admitted under other than H-1B status to obtain such status.
(Sec. 302) Requires H-1B workers to work at least 35 hours per week, with exceptions for employers which are institutions of higher education or related nonprofit entities.
(Sec. 303) Revises certain academic degree-related provisions. Eliminates the provision permitting substitution of work experience for the degree requirement.
(Sec. 304) Directs the Attorney General to impose a $100 H-1B employer anti-fraud fee. Establishes an H-1B Noncompliance Account in the Treasury. Obligates specified fee amounts for anti-fraud and alien removal activities by the Attorney General and the Secretary of State.
(Sec. 305) Requires a petitioning H-1B employer to: (1) be an institution of higher education, or a governmental or nonprofit entity; (2) be U.S. based and State or locally licensed whose place of business is used exclusively for business purposes; (3) have gross assets of at least $250, 000; or (4) provide specified business activity documentation.
(Sec. 306) Requires an H-1B employer to file W-2 forms.
Title IV: Extension of Provisions from the American Competitiveness and Workforce Improvement Act of 1998 - Amends the Act to extend the requirement that an H-1B dependent employer not displace U.S. workers to include labor applications filed by October 1, 2002.
(Sec. 402) Amends the American Competitiveness and Workforce Improvement Act of 1998 to extend certain additional labor application investigative authority of the Secretary of Labor through September 30, 2002.
(Sec. 403) Directs the Secretary of Labor to promulgate final regulations implementing all provisions of such Act, such regulations to take effect by September 30, 2000.
Title V: Studies and Reports - Directs the Comptroller General to conduct H-1B program studies respecting: (1) employer measures to recruit qualified U.S. under represented workers (African American, Hispanic, women, disabled individuals) and recommend program modifications as necessary; (2) employee training and skills updating; and (3) the Attorney General's compliance with requirements respecting the number of such alien admissions.
Introduced in House
Introduced in House
Referred to the Subcommittee on Immigration and Claims.
Referred to the House Committee on the Judiciary.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 11.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-692.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-692.
Placed on the Union Calendar, Calendar No. 388.
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