H.R.3736 - Temporary Access to Skilled Workers and H-1B Nonimmigrant Program Improvement Act of 1998105th Congress (1997-1998)

Summary: H.R.3736 — 105th Congress (1997-1998)All Information (Except Text)

Shown Here:
Passed House amended (09/24/1998)

TABLE OF CONTENTS:

Title I: Provisions Relating to H-1B Nonimmigrants

Title II: Special Immigrant Status for Certain NATO Civilian

Employees

Title III: Miscellaneous Provision

Temporary Access to Skilled Workers and H-1B Nonimmigrant Program Improvement Act of 1998 - Title I: Provisions Relating to H-1B Nonimmigrants - Amends the Immigration and Nationality Act to temporarily increase (through FY 2001) the annual number of skilled foreign worker H-1B visas.

(Sec. 102) Requires a prospective H-1B-dependent employer (as defined by this Act) to include in the H-1B admission attestation: (1) specified protections against U.S. worker layoffs and nonimmigrant worker transfers to another employer; and (2) demonstration of a good faith effort to recruit U.S. workers (exempts aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives from such recruitment requirement).

Exempts aliens from such additional attestations who: (1) will have an annual salary of at least $60,000; or (2) have a master's or equivalent degree related to their intended employment.

(Sec. 103) Revises specified enforcement and penalty provisions. Establishes an arbitration process for disputes involving U.S. worker hiring qualifications. Grants the Secretary of Labor additional investigative authority (through September 30, 2001).

(Sec. 104) Provides for a $500 H-1B employer application fee (except for universities and certain other institutions). Establishes in the Treasury the H-1B Nonimmigrant Petitioner Account, to be used for: (1) grants for low-income students enrolled in mathematics, computer science, or engineering programs; (2) specified U.S. worker job training and related demonstration programs; and (3) application processing and enforcement.

(Sec. 105) Sets forth prevailing wage criteria for professional athlete and academic or research institute employee categories.

(Sec. 106) Directs the Attorney General to maintain an accurate count of H-1B and H-2B nonimmigrants, revise petition forms as necessary, and report with respect to such persons' numbers, occupations, and countries of origin. (Sec. 107) Directs the Secretary of Commerce to report on age discrimination in the information technology field.

(Sec. 108) Requires the Director of the National Science Foundation to assess labor market needs for high technology workers during the next ten years, including the economic impact of an increase in H-1B nonimmigrants.

Title II: Special Immigrant Status for Certain NATO Civilian Employees - Amends the Immigration and Nationality Act to provide special immigrant status for certain North Atlantic Treaty Organization (NATO) civilian employees and their dependents.

Title III: Miscellaneous Provision - Amends the Immigration and Nationality Act to authorize H-1B aliens to accept specified academic honorarium payments for services on behalf of an institution of higher education or other nonprofit entity.