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 following:

    `(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. 1001(a))); or

        `(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 percentage.'.

4304
LIMITATION ON EMPLOYMENT OF L NONIMMIGRANTS