S.744 Immigration bill - Sec. 4213: NEW APPLICATION REQUIREMENTS

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

    Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after clause (iii) of subparagraph (G) , as amended by section 4211(c)(2),the following:

      `(H)(i) The employer has not advertised any available position specified in the application in an advertisement that states or indicates that--

        `(I) such position is only available to an individual who is or will be an H-1B nonimmigrant or an alien participating in optional practical training pursuant to section 101(a)(15)(F)(i); or

        `(II) an individual who is or will be an H-1B nonimmigrant or participant in such optional practical training shall receive priority or a preference in the hiring process for such position.

      `(ii) The employer has not solely recruited individuals who are or who will be H-1B nonimmigrants or participants in optional practical training pursuant to section 101(a)(15)(F)(i) to fill such position.

      `(I)(i) If the employer (other than an educational or research employer) employs 50 or more employees in the United States, the sum of the number of such employees who are H-1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) may not exceed--

        `(I) 75 percent of the total number of employees, for fiscal year 2015;

        `(II) 65 percent of the total number of employees, for fiscal year 2016; and

        `(III) 50 percent of the total number of employees, for each fiscal year after fiscal year 2016.

      `(ii) In this subparagraph:

        `(I) The term `educational or research employer' means an employer that is a nonprofit institution of higher education or a nonprofit research organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code.

        `(II) The term `H-1B nonimmigrant' means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b).

        `(III) The term `L nonimmigrant' means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(L) to provide services to his or her employer involving specialized knowledge.

      `(iii) In determining the percentage of employees of an employer that are H-1B nonimmigrants or L nonimmigrants under clause (i), an intending immigrant employee shall not count toward such percentage.

      `(J) The employer shall submit to the Secretary of Homeland Security an annual report that includes the Internal Revenue Service Form W-2 Wage and Tax Statement filed by the employer for each H-1B nonimmigrant employed by the employer during the previous year.'.

4213
NEW APPLICATION REQUIREMENTS