S.744 Immigration bill - Sec. 4101: MARKET-BASED H-1B VISA LIMITS

Posted Wed, Apr 17, 2013 at 4:58 pm

    (a) In General- Section 214(g) (8 U.S.C. 1184(g)) is amended--

      (1) in paragraph (1)--

        (A) in the matter preceding subparagraph (A), by striking `(beginning with fiscal year 1992)'; and

        (B) by amending subparagraph (A) to read as follows:

        `(A) under section 101(a)(15)(H)(i)(b) may not exceed--

          `(i) 110,000 for the first fiscal year beginning after the date of the enactment the Border Security, Economic Opportunity, and Immigration Modernization Act; and

          `(ii) the number calculated under paragraph (9) for succeeding fiscal year; or';

      (2) by redesignating paragraph (10) as subparagraph (D) of paragraph (9);

      (3) by redesignating paragraph (9) as paragraph (10); and

      (4) by inserting after paragraph (8) the following:

    `(9)(A) Except as provided in subparagraphs (B) and (C), the allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for each fiscal year after the first fiscal year beginning after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act shall be equal to the sum of--

      `(i) the allocation of such visas for the most recently completed fiscal year; and

      `(ii) the product of--

        `(I) the allocation of such visas for the most recently completed fiscal year; multiplied by

        `(II) the High Skilled Jobs Demand Index for such fiscal year calculated under subparagraph (C).

    `(B)(i) The number of visas calculated under subparagraph (A) for any fiscal year shall not be less than 110,000 or more than 180,000.

    `(ii) The number of visas calculated under subparagraph (A) for any fiscal year may not be more than 10,000 more than, or less than 10,000 less than, the allocation of such visas for the previous fiscal year.

    `(C) The High Skilled Jobs Demand Index calculated under this subparagraph for a fiscal year is the percentage equal to the sum of--

      `(i) 1/2 of a fraction--

        `(I) the numerator of which is the number of nonimmigrant visas under section 101(a)(15)(H)(i)(b) petitioned for during the previous fiscal year minus the numerical limitation of such visas determined under paragraph (1) for the previous fiscal year; and

        `(II) the denominator of which is the numerical limitation of such visas determined under paragraph (1) for the previous fiscal year; and

      `(ii) 1/2 of a fraction--

        `(I) the numerator of which is the average number of specified unemployed persons for the previous fiscal year minus the average number of specified unemployed persons for such fiscal year; and

        `(II) the denominator of which is the average number of specified unemployed persons for such fiscal year.

    `(D) If the actual number of visas under section 101(a)(15)(H)(i)(b) applied for during a previous fiscal year is not available at the time the Secretary determines the numerical limitation under subparagraph (C) for the following fiscal year, the Secretary may estimate such number based on a statistical extrapolation of the number of applications for such visas received at the time such estimate is made.

    `(E) For purposes of subparagraph (C), the term `specified unemployed persons' means, with respect to any fiscal year, the number of unemployed persons in the `management, professional, and related occupations' category of the employment report released by the Bureau of Labor Statistics.'.

    (b) Increase in Allocation for STEM Nonimmigrants- Section 214(g)(5)(C) (8 U.S.C. 1184(g)(5)(C)) is amended to read as follows:

      `(C) has earned a master's or higher, in a field of science, technology, engineering, or math included in the Department of Education's Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, and physical sciences, from a United States 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 exceed 25,000.'.

    (c) Publication-

      (1) DATA SUMMARIZING PETITIONS- The Secretary shall timely upload to a public website data that summarizes the adjudication of nonimmigrant petitions under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) during each fiscal year.

      (2) ANNUAL NUMERICAL LIMITATION- As soon as practicable and no later than March 2 of each fiscal year, the Secretary shall publish in the Federal Register the numerical limitation determined under section 214(g)(1)(A) for such fiscal year.

    (d) Effective Date and Application- The amendments made by subsection (a) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act and apply to applications for nonimmigrant visas under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) for such fiscal year.

4101
MARKET-BASED H-1B VISA LIMITS