H–1B reforms

Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended— (1) in subsection (c)— (A) in paragraph (1), by inserting after excluding nonimmigrants under the following: section 101(a)(15)(H)(i)(b) or; (B) in paragraph (5)(A), by striking section 101(a)(15)(H)(i)(b) or; (C) by repealing paragraph (9); (D) by repealing paragraph (10); (E) in paragraph (11)(B), NOTE: How should this be amended? (F) in paragraph (12)(A)(i), by striking (H)(i)(b) or; and (2) in subsection (g)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking (beginning with fiscal year 1992); and (ii) by amending subparagraph (A) to read as follows: (A) under section 101(a)(15)(H)(i)(b) may not exceed the sum of— (i) the base allocation calculated under paragraph (12)(A); and (ii) the allocation adjustment calculated under paragraph (12)(B); (iii) in paragraph (3), by striking Aliens who are subject to the numerical limitations of paragraph (1) and inserting Aliens who are subject to the numerical limitations of paragraph (1)(A) shall be issued visas (or otherwise provided nonimmigrant status) in the order in the order of the compensation rate included in the application for such visa (beginning with the highest compensation rate). Aliens who are subject to the numerical limitations of paragraph (1)(B); and (B) by adding at the end the following: (12) (A) The base allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for each fiscal year shall be equal to— (i) the sum of— (I) the base allocation for the most recently completed fiscal year; and (II) the allocation adjustment for the most recently completed fiscal year; (ii) if the number calculated under clause (i) is less than 115,000, 115,000; or (iii) if the number calculated under clause (i) is more than 195,000, 195,000. (B) (i) If the number of cap-subject nonimmigrant visa petitions approved under section 101(a)(15)(H)(i)(b) during the first 45 days petitions may be filed for a fiscal year is equal to the base allocation for such fiscal year, an additional 20,000 such visas shall be made available beginning on the 46th day on which petitions may be filed for such fiscal year. (ii) If the base allocation of cap-subject nonimmigrant visa petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 15-day period ending on the 60th day on which petitions may be filed for such fiscal year, an additional 15,000 such visas shall be made available beginning on the 61st day on which petitions may be filed for such fiscal year. (iii) If the base allocation of cap-subject nonimmigrant visa petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 30-day period ending on the 90th day on which petitions may be filed for such fiscal year, an additional 10,000 such visas shall be made available beginning on the 91st day on which petitions may be filed for such fiscal year. (iv) If the base allocation of cap-subject nonimmigrant visa petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 185-day period ending on the 275th day on which petitions may be filed for such fiscal year, an additional 5,000 such visas shall be made available beginning on the date on which such allocation is reached. (v) If the number of cap-subject nonimmigrant visa petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 5,000 fewer than the base allocation, but is not more than 9,999 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be −5,000. (vi) If the number of cap-subject nonimmigrant visa petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 10,000 fewer than the base allocation, but not more than 14,999 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be −10,000. (vii) If the number of cap-subject nonimmigrant visa petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 15,000 fewer than the base allocation, but not more than 19,999 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be −15,000. (viii) If the number of cap-subject nonimmigrant visa petitions approved under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 20,000 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be −20,000..