Amends the Immigration and Nationality Act to prohibit the admission of aliens as H-2B (temporary nonagricultural worker) nonimmigrants unless the employer has filed with the Secretaries of Homeland Security and Labor: (1) an attestation stating that the employer advertised each such position on America's Job Bank for at least 14 consecutive days; and (2) documentation showing the number of jobs posted by the employer and the number of resumes received in response. Makes employers who submit false or inaccurate documentation ineligible to petition for H-2B nonimmigrants for specified periods.
Increases to 131,000 the number of aliens who may be granted H-2B status in any fiscal year (currently, 66,000). Requires not more than half of such number to be granted in the first six months of the fiscal year.
Precludes derivative status for the spouses and minor children of aliens granted H-3 (trainee) nonimmigrant status who themselves hold H-2B status. Requires aliens seeking H-2B nonimmigrant status to execute a contract: (1) stating that they understand the terms of such status; (2) agreeing to depart in full compliance with the entry-exit system (when implemented) and to appear before an immigration inspector; and (3) affirming their understanding that failing to so depart will result in permanent ineligibility for an immigrant or nonimmigrant visa.
Requires all employers of H-2B nonimmigrants to participate in the basic pilot (employment eligibility verification) program.
Eliminates the diversity immigrant program. Reduces the worldwide level of employment-based immigrants. Eliminates the category of "other workers" from the preference allocation for employment-based immigrants.
Amends the Nicaraguan Adjustment and Central American Relief Act to reflect elimination of the above-referenced programs. Inserts a provision temporarily reducing visas for the adult brothers and sisters of U.S. citizens.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1587 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1587
To match willing United States workers with employers, to increase and
fairly apportion H-2B visas, and to ensure that H-2B visas serve their
intended purpose.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2005
Mr. Tancredo (for himself, Mr. Jones of North Carolina, Mr. Coble, and
Mr. Garrett of New Jersey) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To match willing United States workers with employers, to increase and
fairly apportion H-2B visas, and to ensure that H-2B visas serve their
intended purpose.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. MATCHING WILLING UNITED STATES WORKERS WITH EMPLOYERS.
(a) In General.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended--
(1) by redesignating the subsection (t) added by section
1(b)(2) of Public Law 108-449 (118 Stat. 3470) as subsection
(u); and
(2) by adding at the end the following:
``(v)(1) No alien may be admitted or provided status as a
nonimmigrant under section 101(a)(15)(H)(ii)(b) unless the employer, in
addition to meeting all other requirements specified in this Act, has
filed with the Secretary of Homeland Security and the Secretary of
Labor the following:
``(A) A signed attestation stating that the employer, prior
to filing the attestation, advertised each position for which
the employer seeks such a nonimmigrant on the Internet-based
job database provided jointly by the Department of Labor and
State employment security agencies and known as `America's Job
Bank' for at least 14 consecutive days.
``(B) Documentation from the employer's account on such
database showing the number of jobs posted by the employer and
the number of resumes the employer received in response to each
job posting.
``(2)(A) The Secretary of Labor, in consultation with the Secretary
of Homeland Security, shall establish procedures to verify the accuracy
and veracity of the documentation required under paragraph (1)(B).
``(B) An employer found to have submitted false or inaccurate
documentation shall be ineligible to file a petition under section
214(c)(1) with respect to any nonimmigrant under section
101(a)(15)(H)(ii)(b)--
``(i) for a period of 3 years in the case of a first
violation; and
``(ii) for a period of 10 years in the case of a second or
subsequent violation.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of the enactment of this Act.
SEC. 2. MATCHING NONIMMIGRANT WORKERS WITH EMPLOYERS.
(a) In General.--Section 214(g)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)(B)) is amended to read as follows:
``(B) under section 101(a)(15)(H)(ii)(b) may not exceed
131,000, of which not more than 65,500 aliens shall be issued
visas or otherwise provided nonimmigrant status during the
first 6 months of such fiscal year.''.
(b) Effective Date.--The amendment 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.
SEC. 3. ENSURING THAT H-2B WORKERS RETURN HOME.
(a) Discouraging Community Ties.--Section 101(a)(15)(H) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended,
in the matter following clause (iii), by striking ``this paragraph if
accompanying'' and inserting ``this subparagraph, except any alien
described in section 101(a)(15)(H)(ii)(b), if accompanying''.
(b) Establishing Realistic Expectations.--Section 214(b) of the
Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) In order to overcome the presumption described in paragraph
(1), an alien seeking the nonimmigrant status described in section
101(a)(15)(H)(ii)(b), at the time of application for a nonimmigrant
visa, shall be required to execute as a contract an affidavit--
``(A) stating that the alien understands the terms of such
nonimmigrant status, including the prohibition on accompanying
family members and the requirement that the alien depart the
United States before the alien's period of authorized stay
expires;
``(B) stating that the alien agrees--
``(i) to depart the United States in full
compliance with the requirements of the entry and exit
data system (as defined in section 7208(b) of the
Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1365b(b))), once such requirements are
implemented at the port of departure from which the
alien intends to departs; and
``(ii) to appear in person before an immigration
inspector immediately prior to departure from the
United States so that the inspector can record the
alien's departure until such time as such requirements
are implemented; and
``(C) affirming that the alien understands that the alien
will be permanently ineligible for any immigrant or
nonimmigrant visa should the alien fail to depart the United
States in the manner described in subparagraph (B).
``(3) At each port of departure where the exit procedures of the
system referred to in paragraph (2)(B)(i) have not been implemented or
are not functional at all times the port is open, the Secretary of
Homeland Security shall designate at least one inspector during each
shift to record the departure of nonimmigrants described in section
101(a)(15)(H)(ii)(b).''.
SEC. 4. MANDATORY PARTICIPATION IN BASIC PILOT PROGRAM.
Section 402(e) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Employers of h-2b nonimmigrants.--Beginning January
1, 2006, any employer who employs one or more aliens described
in section 101(a)(15)(H)(ii)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) shall
participate in, and comply with the terms of, the basic pilot
program described in section 403(a) with respect to all hiring,
recruitment, or referral conducted by the employer. In addition
to the consequences described in paragraph (4), failure to
comply with the preceding sentence shall result in permanent
revocation by the Secretary of Homeland Security of the
authority of the employer to employ aliens described in such
section 101(a)(15)(H)(ii)(b).''.
SEC. 5. OFFSETS FOR THE INCREASE IN H-2B CAP.
(a) Elimination of Diversity Immigrant Program.--
(1) Worldwide level of diversity immigrants.--Section 201
of the Immigration and Nationality Act (8 U.S.C. 1151) is
amended--
(A) in subsection (a)--
(i) by inserting ``and'' at the end of
paragraph (1);
(ii) by striking ``; and'' at the end of
paragraph (2) and inserting a period; and
(iii) by striking paragraph (3); and
(B) by striking subsection (e).
(2) Allocation of diversity immigrant visas.--Section 203
of such Act (8 U.S.C. 1153) is amended--
(A) by striking subsection (c);
(B) in subsection (d), by striking ``(a), (b), or
(c),'' and inserting ``(a) or (b),'';
(C) in subsection (e), by striking paragraph (2)
and redesignating paragraph (3) as paragraph (2);
(D) in subsection (f), by striking ``(a), (b), or
(c)'' and inserting ``(a) or (b)''; and
(E) in subsection (g), by striking ``(a), (b), and
(c)'' and inserting ``(a) and (b)''.
(3) Procedure for granting immigrant status.--Section 204
of such Act (8 U.S.C. 1154) is amended--
(A) by striking subsection (a)(1)(I); and
(B) in subsection (e), by striking ``(a), (b), or
(c)'' and inserting ``(a) or (b)''.
(b) Elimination of ``Other Workers'' Classification.--
(1) Worldwide level of employment-based immigrants.--
Section 201(d)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1151(d)(1) (A)) is amended by striking ``140,000,'' and
inserting ``130,000,''.
(2) Preference allocation for employment-based
immigrants.--Section 203(b) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)) is amended--
(A) in paragraph (1), by striking ``28.6'' and
inserting ``30.8'';
(B) in paragraph (2), by striking ``28.6'' and
inserting ``30.8'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``28.6'' and
inserting ``23.1''; and
(II) by striking clause (iii);
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B);
(D) in paragraph (4), by striking ``7.1'' and
inserting ``7.65''; and
(E) in paragraph (5), by striking ``7.1'' and
inserting ``7.65''.
(c) Modifications to ``NACARA'' Temporary Reductions.--Section 203
of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C.
1101 note) is amended--
(1) by amending the subsection heading of subsection (d) to
read as follows: ``Temporary Reduction in Visas for Brothers
and Sisters of Citizens.--'';
(2) in paragraph (1) of subsection (d), by striking
``section 201(e)'' and all that follows through the period and
inserting ``section 203(a)(4) of the Immigration and
Nationality Act shall be reduced by 10,000 from the number of
visas otherwise available under such section for such fiscal
year.'';
(3) by striking subsection (e); and
(4) by redesignating subsection (f) as subsection (e).
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year that begins after the
date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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