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
- `(H)(i) The employer has not advertised any available
position specified in the application in an advertisement that states or
- `(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
- `(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
- `(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
- `(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
- `(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
- `(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.'.
NEW APPLICATION REQUIREMENTS