The Technology Worker Temporary Relief Act
of 2000
Representatives Lamar Smith, Tom Campbell, Chris Cannon, and Bob Goodlatte
H-1B Visa Numbers
fy2000 160,000 (current law -- 115,000)
fy2001 107,500 (same as current law)
The State Department, and not the INS, will keep records of the issuance of
H-1B visas.
Conditionality of Visa Allotment Exceeding Current Law
- The 45,000 additional visas for fy 2000 are available after the effective
date of final regulations carrying out the provisions of the American
Competitiveness and Workforce Improvement Act of 1998.
- To have access to the 45,000 additional visas, employers must demonstrate
that over the previous year they (1) increased the number of full time
equivalent American workers, (2) increased the total wages paid to American
workers, and (3) increased the average wages paid to American workers.
Anti-Fraud Measures
- H-1B aliens must work full time.
- H-1B aliens must have attained bachelor's degrees (or higher) in the
specific specialties in which they will be employed.
- If an alien claims to possess a foreign degree, the State Department shall
determine the equivalence of that degree to a U.S. degree and shall verify
the authenticity of the degree.
- An employer (other than a university, nonprofit, or governmental entity)
petitioning for an H-1B visa must maintain a place of business in the United
States that is licensed in accordance with any applicable State or local
business licensing requirements and is used exclusively for business
purposes.
- An employer (unless a governmental entity) petitioning for an H-1B visa
must have gross assets of not less than $5,000,000.
- An employer petitioning for an H-1B visa must pay a fee of $100 (per
petition) to be used by the INS and the State Department to combat fraud in
the H-1B program
"Fast Track" Expedited Processing
- Certain employers petitioning for H-1B visas are eligible for expedited
processing, under which the INS will handle such visa petitions at a special
office and must automatically approve those petitions that it has not
approved or disapproved within 30 days of submission.
- To qualify for expedited processing, an employer must (1) have been doing
business continuously for five or more years and have at least $100,000,000
in gross receipts or sales in each of the last two years (except for
universities, nonprofit research organizations and governmental entities,
which only must have been in existence for five years), (2) not be H-1B
dependent, (3) never have had an H-1B petition denied or revoked on the
basis of fraud (unless with its cooperation), (4) never have been found to
have willfully violated specified requirements of the H-1B program, and (5)
not have violated specified requirements of the H-1B program within the last
five years.
- A qualifying employer shall pay a $250 fee (per petition).
Fee-Funded Scholarship Program
- The H-1B fee shall be increased from $500 to $1,000 (per petition).
- The fee revenues that now go to the Department of Labor for operation of
the Job Training Partnership Act shall instead go toward scholarships.
- Scholarships shall be awarded by the National Science Foundation on the
basis of merit directly to students who will be graduate students or
undergraduate students in their junior or senior years pursuing bachelor's
or graduate degrees with majors in computer science, computer programming,
information sciences, systems analysis, computer engineering, electrical
engineering, electronics engineering, or electronic commerce.
Allen Kay
Communications Director
Chairman Lamar Smith
202-225-4236 (O)
202-225-2659 cell
202-225-8628 fax
allen.kay@mail.house.gov
