S.744 Immigration bill - Sec. 4304: LIMITATION ON EMPLOYMENT OF L NONIMMIGRANTS
Posted Wed, Apr 17, 2013 at 4:58 pm
- Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended by
sections 4302 and 4303, is further amended by adding at the end the
- `(I)(i) If the 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 L nonimmigrants
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 `employer' does not include a nonprofit
institution of higher education or a nonprofit research organization/an
organization described in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from taxation under 501(a) of that Code that is--
- `(aa) an institution of higher education (as
defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
- `(bb) a research organization.
- `(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 the alien's 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
LIMITATION ON EMPLOYMENT OF L NONIMMIGRANTS