Collected by: CND-US November, 1995 For more info, see files us.hr1915-1 through us.hr1915-5X in cnd.org dir ~ftp/pub/InfoBase/simpson-bill via anon ftp or http://www.cnd.org (see Server Announcemnet) (Bo Xiong) ---------------------------------------------------------------- FILE s1394.is S 1394 IS 104th CONGRESS 1st Session To amend the Immigration and Nationality Act to reform the legal immigration of immigrants and nonimmigrants to the United States. IN THE SENATE OF THE UNITED STATES November 3, 1995 Mr. SIMPSON introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to reform the legal immigration of immigrants and nonimmigrants to the United States. [Italic->] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [<-Italic] SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) SHORT TITLE- This Act may be cited as the `Immigration Reform Act of 1995'. (b) REFERENCES IN ACT- Except as specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as an amendment or repeal of a provision, the reference shall be deemed to be made to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title; references in Act. Sec. 2. Table of contents. TITLE I--IMMIGRANTS SUBTITLE A--CHANGES IN IMMIGRANT CLASSIFICATIONS Sec. 101. Immediate relative classification. Sec. 102. Family-sponsored preference classifications. Sec. 103. Employment-based preference classifications. Sec. 104. Labor certification. Sec. 105. Special immigrant classifications. Sec. 106. Effect of approved immigrant visa petition. Sec. 107. Judicial review. Sec. 108. Conforming amendments and repeals. Sec. 109. Transition. SUBTITLE B--CHANGES IN NUMERICAL LIMITATIONS ON IMMIGRANTS Sec. 111. Worldwide numerical limitation on family-sponsored immigration. Sec. 112. Worldwide numerical limitation on employment-based immigration. Sec. 113. Numerical limitation on immigration from a single foreign State. Sec. 114. Transition for certain backlogged spouses and children of lawful permanent residents. Sec. 115. Congressional review of numerical limitations. TITLE II--NONIMMIGRANTS Sec. 201. Changes in H and L classifications. Sec. 202. Changes in H-1b classification. Sec. 203. Changes in L classification. Sec. 204. Changes in B, F, J, and M classifications. Sec. 205. Pilot program on information and tracking system relating to nonimmigrant foreign students. TITLE III--EFFECTIVE DATE Sec. 301. Effective date. TITLE I--IMMIGRANTS SUBTITLE A--CHANGES IN IMMIGRANT CLASSIFICATIONS SEC. 101. IMMEDIATE RELATIVE CLASSIFICATION. (a) RECLASSIFICATION- Section 201(b)(2)(A) (8 U.S.C. 1151(b)(2)(A)) is amended in clause (i)-- (1) by inserting `(I)' before `For purposes'; (2) by striking `parents of a citizen of the United States' and inserting in lieu thereof the following: `qualifying parents of a citizen of the United States, as defined in subclause (II)'; and (3) by inserting after `remarries' the following new subclause: `(II) For purposes of this clause, the term `qualifying parent' means a parent who is at least 65 years of age, and the greatest number of whose sons and daughters normally reside in the United States as nationals of the United States or aliens lawfully admitted for permanent residence.'. (b) INSURANCE REQUIREMENT FOR PARENTS- Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended-- (1) by striking `(4) PUBLIC CHARGE- Any' and inserting in lieu thereof `(4) PUBLIC CHARGE- `(A) IN GENERAL- Any'; and (2) by adding at the end the following new subparagraph: `(B) INSURANCE REQUIREMENT FOR PARENTS- `(i) IN GENERAL- Any alien who seeks admission as a parent of a United States citizen under section 201(b)(2)(A)(i) is inadmissible unless the alien or a petitioning son or daughter demonstrates at the time of issuance of the visa to the satisfaction of the consular officer and at the time of admission to the satisfaction of the Attorney General that the alien-- `(I) will have coverage under an adequate health insurance policy (at least comparable to coverage provided under the medicare program under title XVIII of the Social Security Act); and `(II) will have coverage with respect to long-term health needs (at least comparable to such coverage provided under the medicaid program under title XIX of such Act for the State in which either the alien intends to reside or in which the petitioner (on behalf of the alien under section 204(a)(1)) resides, throughout the period the alien resides in the United States. `(ii) FACTORS TO BE TAKEN INTO ACCOUNT- In making a determination under clause (i), the Attorney General or the consular officer shall take into account the age of the parent and the likelihood of the parent's securing health insurance coverage through employment. `(iii) REQUIREMENTS- Such petitioning son or daughter shall not be determined to have demonstrated that the alien will have the insurance coverage required in clause (i) unless such son or daughter has agreed to provide such coverage as part of an affidavit of support that has been executed as a contract which-- `(I) is legally enforceable against such son or daughter by the sponsored parent, by the Federal Government, and by any State, district, territory, or possession of the United States (or any subdivision of such State, district, territory, or possession of the United States) which provides any financial or medical assistance for which eligibility is based on need, and `(II) otherwise satisfies the requirements of all Federal statutes relating to such sponsor affidavits of support presented to satisfy the requirements of this section. `(iv) CIVIL PENALTY- (I) Except as otherwise provided in clause (v), any sponsor who is determined, after notice and opportunity for an administrative hearing, pursuant to regulations of the Attorney General, to have failed to provide the insurance such sponsor has agreed to provide in the affidavit described in clause (iii) shall be subject to a civil penalty of $5,000 for the first such failure and $10,000 for the second and subsequent failures, and to an administrative order requiring the providing of such insurance. `(II) A sponsor adversely affected by such an administrative order, may, within 45 days after the date such order was issued (or, if an administrative appeal is available, after the conclusion of that appeal), file a petition in the Court of Appeals for the appropriate circuit for review of the order. Any such review shall be solely on the administrative record, and the court must affirm the order unless it is clearly erroneous. `(III)(aa) If a sponsor fails to comply with an administrative order referred to in subclause (I), the Attorney General shall file a suit to seek compliance with the order in any appropriate district court of the United States. `(bb) In any such suit, the determination that the sponsor had not provided the insurance he had agreed to provide shall not be subject to review. `(v) EXEMPTION- A sponsor shall not be subject to the provisions of clause (iv) if the failure to provide such insurance is the result of changes in the sponsor's financial circumstances, changes which would mean that if such insurance were provided, then the total income of the sponsor and other members of his household, minus the cost of providing such insurance, would be below the official poverty line (as defined by the Social Security Administration, and revised annually by the Secretary of Health and Human Services) that is applicable to a family the size of the sponsor's household.'. SEC. 102. FAMILY-SPONSORED PREFERENCE CLASSIFICATIONS. Section 203(a) (8 U.S.C. 1153(a)) is amended to read as follows: `(a) PREFERENCE ALLOCATION FOR FAMILY-SPONSORED IMMIGRANTS- Qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence shall be allotted visas in a number not to exceed 85,000.'. SEC. 103. EMPLOYMENT-BASED PREFERENCE CLASSIFICATIONS. (a) PREFERENCE ALLOCATION FOR EMPLOYMENT-BASED IMMIGRANTS- Section 203(b) (8 U.S.C. 1153(b)) is amended by striking paragraphs (1) through (6) and inserting in lieu thereof the following: `(1) IMMIGRANTS WHO ARE EXEMPT FROM THE LABOR CERTIFICATION REQUIREMENT- `(A) ALIENS WITH EXTRAORDINARY ABILITY- Visas shall be made available in a number not to exceed 90,000 to qualified immigrants (including, but not limited to, professors and researchers)-- `(i) who have-- `(I) extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation; or `(II) the potential for extraordinary achievement in the sciences, arts, education, or business, a potential that has been shown through extensive documentation of their record over a 10-year period after the completion of formal education or training, including their receipt of internationally recognized prizes and the testimony of appropriate experts; `(ii) who seek to be admitted into the United States to continue work in the area of extraordinary ability or the potential for extraordinary achievement; and `(iii) whose admission into the United States will substantially benefit prospectively the United States. `(B) CERTAIN MULTINATIONAL EXECUTIVES AND MANAGERS- `(i) ALLOCATION OF NUMBERS- Visas shall be made available in a number not to exceed the difference between 90,000 and the number of visas required for the class specified in subparagraph (A), to qualified immigrants-- `(I) who, in the 5 years preceding the time of the alien's application for classification and admission into the United States under this paragraph, or the alien's admission into the United States as a nonimmigrant described in section 101(a)(15)(L), have been either employed outside the United States in a managerial or executive capacity for at least 3 years by a multinational firm, as defined in clause (ii), or employed outside the United States in such capacity both for at least 1 year by a multinational firm, as defined in subparagraph (B), and for at least 3 years by one or more other firms; and `(II) who seek to enter the United States in order to continue to render services to the same multinational firm referred to in subclause (I), or to a subsidiary or other affiliate (under substantially common ownership) thereof, in a capacity that is managerial or executive. `(ii) DEFINITION- For purposes of this section, the term `multinational firm' means a corporation or other legal entity that has a work force of full-time permanent employees which totals, when added to the total work force of full-time permanent employees of its subsidiaries (or other affiliates under substantially common ownership), at least 100 persons, and that-- `(I) employs on a full-time permanent basis at least 20 persons in the United States who are citizens or lawful permanent residents of the United States; and either `(II) employs, or whose subsidiary (or other affiliate under substantially common ownership) employs, on a full-time permanent basis at least 10 persons in each of at least two foreign states or dependent areas; or `(III) employs, or whose subsidiary (or other affiliate under substantially common ownership) employs, on a full-time permanent basis at least 20 persons in a single foreign state or dependent area. `(C) INVESTORS- Visas shall be made available in a number not to exceed the difference between 90,000 and the number of visas required for the classes specified in subparagraphs (A) and (B), to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise-- `(i) which the alien has established; `(ii) in which such alien has invested (after the date of the enactment of the Immigration Act of 1990), or, is actively in the process of investing, capital in an amount not less than $1,000,000; and `(iii) which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence (other than the immigrant and the immigrant's spouse, sons, or daughters). `(D) CERTAIN SPECIAL IMMIGRANTS- Visas shall be made available in a number not to exceed 5,000, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 3,500 may be made available in any fiscal year to special immigrants described in section 101(a)(27)(C). `(2) IMMIGRANTS WHO ARE SUBJECT TO THE LABOR CERTIFICATION REQUIREMENT- `(A) ALIENS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES- Visas shall be made available in a number not to exceed-- `(i) 50 percent of the difference between 90,000 and the number of visas required for the classes specified in subparagraph (1), plus `(ii) the number of visas not required for the class specified in subparagraph (B), to qualified immigrants-- `(I) who are members of the professions holding either-- `(aa) an advanced degree; or `(bb) both a baccalaureate degree and the equivalent of an advanced degree; `(II) who have a total of 3 years of experience in the profession outside the United States after obtaining such advanced degree or equivalent; `(III) whose services in the sciences, arts, professions, or business are sought by an employer in the United States; and `(IV) who have satisfied the requirement specified in subsection (c). `(B) PROFESSIONALS WITH BACCALAUREATE DEGREES- Visas shall be made available in a number not to exceed-- `(i) 50 percent of the difference between 90,000 and the number of visas required for the classes specified in paragraph (1); plus `(ii) the number of visas not required for the class specified in subparagraph (A), to qualified immigrants-- `(I) who are members of the professions holding a baccalaureate degree; `(II) who have a total of 5 years of experience in the profession outside the United States after receipt of such degree; `(III) whose services in the sciences, arts, professions, or business are sought by an employer in the United States; and `(IV) who have satisfied the requirement specified in subsection (c). `(C) SKILLED WORKERS- Visas shall be made available in a number not to exceed the difference between 90,000 and the number of visas required for the classes specified in paragraph (1) and subparagraphs (A) and (B), to qualified immigrants who-- `(i) are capable, at the time of petitioning for classification under this clause, of performing skilled labor which is not of a temporary or seasonal nature and is of a kind that requires at least 2 years training or experience (or combination of both); `(ii) have received at least a high school education, plus at least 2 years of college or of post-high school specialized vocational training; `(iii) have a total of 5 years of experience in such skilled labor outside the United States after obtaining the training or experience (or the combination of both) specified in clause (i); `(iv) whose services are sought by an employer in the United States; and `(v) who have satisfied the requirements specified in subsection (c). A visa may not be issued to an alien under this paragraph until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A).'. (b) REPEAL OF DIVERSITY CLASSIFICATION- Section 201(a) (8 U.S.C. 1151(a)) is amended-- (1) in paragraph (1), by inserting `and' after the semicolon; (2) in paragraph (2), by striking `and' and inserting in lieu thereof a period; and (3) by striking paragraph (3). (c) ENGLISH REQUIREMENT- Section 203 (8 U.S.C. 1153) is amended by striking subsection (c) and inserting in lieu thereof the following: `(c) ENGLISH REQUIREMENT- The requirement specified in this subsection is that an alien described in subsection (b)(2) must have the ability to read, write, and speak the English language at a level required for standard business communication, as demonstrated by their score on one or more standardized tests.'. (d) CONDITIONAL PERMANENT RESIDENT STATUS FOR IMMIGRANTS WHO ARE SUBJECT TO THE LABOR CERTIFICATION REQUIREMENT- Section 203 is amended by adding at the end the following new subsection: `(h) CONDITIONAL PERMANENT RESIDENT STATUS FOR IMMIGRANTS WHO ARE SUBJECT TO THE LABOR CERTIFICATION REQUIREMENT- `(1) IN GENERAL- `(A) CONDITIONAL BASIS FOR STATUS- Notwithstanding any other provision of this Act, an alien obtaining the status of an alien lawfully admitted for permanent residence under paragraph (2) of subsection (b) shall be considered, at the time of obtaining such status, to have obtained such status on a conditional basis subject to the provisions of this subsection. `(B) NOTICE OF REQUIREMENTS- `(i) AT TIME OF OBTAINING PERMANENT RESIDENCE- At the time an alien obtains permanent resident status on a conditional basis under subparagraph (A), the Attorney General shall provide for notice to such alien respecting the provisions of this subsection and the requirements of paragraph (3)(A) to have the conditional basis of such status removed. `(ii) AT TIME OF REQUIRED PETITION- In addition, the Attorney General shall attempt to provide notice to such alien at or about the beginning of the 90-day period described in clause (i) of paragraph (4)(B), of the requirements of paragraph (3)(A). `(iii) EFFECT OF FAILURE TO PROVIDE NOTICE- The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such alien. `(2) TERMINATION OF STATUS IF ALIEN IS NO LONGER WITH EMPLOYER OR HAS NOT BEEN PAID ATTESTED WAGE- `(A) IN GENERAL- In the case of an alien with permanent resident status on a conditional basis under paragraph (1), if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that-- `(i) such alien was no longer employed by the employer that had petitioned for such alien; or `(ii) such alien had not been paid the compensation specified under section 212(a)(5)(A)(ii), the Attorney General shall so notify the alien and, subject to subparagraph (B), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination. `(B) HEARING IN DEPORTATION PROCEEDING- Any alien whose permanent resident status is terminated under subparagraph (A) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in subparagraph (A) is met. `(3) REQUIREMENTS OF TIMELY PETITION AND INTERVIEW FOR REMOVAL OF CONDITION- `(A) IN GENERAL- In order for the conditional basis established under paragraph (1) for an alien to be removed-- `(i) the alien must submit to the Attorney General, during the period described in subparagraph (4)(B), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subparagraph (4)(A); and `(ii) in accordance with subparagraph (4)(C), the alien and the petitioning employer must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subparagraph (4)(A). `(B) TERMINATION OF PERMANENT RESIDENT STATUS FOR FAILURE TO FILE PETITION OR HAVE PERSONAL INTERVIEW- `(i) IN GENERAL- In the case of an alien with permanent resident status on a conditional basis under paragraph (1), if-- `(I) no petition is filed with respect to the alien in accordance with the provisions of clause (i) of subparagraph (A); or `(II) unless there is good cause shown, the alien fails to appear at the interview described in clause (ii) of subparagraph (A), the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the alien's lawful admission for permanent residence. `(ii) HEARING IN DEPORTATION PROCEEDING- In any deportation proceeding with respect to an alien whose permanent resident status is terminated under clause (i), the burden of proof shall be on the alien to establish compliance with the conditions of clauses (i) and (ii) of subparagraph (A). `(C) DETERMINATION AFTER PETITION AND INTERVIEW- `(i) IN GENERAL- If-- `(I) a petition is filed in accordance with the provisions of clause (i) of subparagraph (A); and `(II) the alien and petitioning employer appear at the interview described in clause (ii) of subparagraph (A), the Attorney General shall make a determination, within 90 days of the date of the interview, as to whether the facts and information described in subparagraph (4)(A) and alleged in the petition are true. `(ii) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETERMINATION- If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the alien and shall remove the conditional basis of the alien effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. `(iii) TERMINATION IF ADVERSE DETERMINATION- If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the alien and, subject to clause (iv), shall terminate the permanent resident status of the alien as of the date of the determination. `(iv) HEARING IN DEPORTATION PROCEEDING- Any alien whose permanent resident status is terminated under clause (iii) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subparagraph (4)(A) and alleged in the petition are not true. `(D) WAIVER- The Attorney General, in the Attorney General's discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of subparagraph (A) if the alien demonstrates that-- `(i) the employment was entered into in good faith by the alien, but the employment has been terminated or the wages specified under section 212(n)(1)(A) have not been paid, for reasons beyond the alien's control, including through layoffs or business failure, and the alien was not at fault in failing to meet the requirements of subparagraph (A); or `(ii) the employment was entered into in good faith by the alien, but the employment ended because the employer was engaged in an unfair labor practice that was causing or threatening to cause significant injury to the alien, and the alien was not at fault in failing to meet the requirements of subparagraph (A). In acting on applications under this subparagraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. `(4) DETAILS OF PETITION AND INTERVIEW- `(A) CONTENTS OF PETITION- Each petition under clause (i) of paragraph (3)(A) shall state that-- `(i) during the 2-year period, the alien has been employed continuously by the petitioning employer and has been paid at least the wage specified under section 212(n)(1)(A); and `(ii) no fee or other consideration was given by the alien for the petitioning employer's filing of a petition under section 204(a) with respect to the alien. `(B) PERIOD FOR FILING PETITION- `(i) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY- Except as provided in clause (ii), the petition under clause (i) of paragraph (3)(A) must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. `(ii) LATE PETITIONS FOR GOOD CAUSE- Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in clause (i). `(iii) FILING OF PETITIONS DURING DEPORTATION- In the case of an alien who is the subject of deportation hearings as a result of failure to file a petition on a timely basis in accordance with clause (i), the Attorney General may stay such deportation proceedings against an alien pending the filing of the petition under clause (ii). `(C) PERSONAL INTERVIEW- The interview under clause (ii) of paragraph (3)(A) shall be conducted within 90 days after the date of submitting a petition under clause (i) of paragraph (3)(A) and at a local office of the Service, designated by the Attorney General, which is convenient to the alien. The Attorney General, in the Attorney General's discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate. `(5) TREATMENT OF PERIOD FOR PURPOSES OF NATURALIZATION- For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. `(6) TREATMENT OF CERTAIN WAIVERS- In the case of an alien who has permanent residence status on a conditional basis under this section, if, in order to obtain such status, the alien obtained a waiver under subsection (h) or (i) of section 212 of certain grounds of exclusion, such waiver terminates upon the termination of such permanent residence status under this section. `(7) DEFINITIONS- In this section: `(A) The term `alien employee' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of employment, under section 203(b)(2). `(B) The term `qualifying employment' means employment that is the basis for approval of a petition for a classification under section 203(b)(2). `(C) The term `petitioning employer' means the employer of the alien in connection with the qualifying employment. `(8) JUDICIAL REVIEW- The termination or removal of conditional resident status under this section shall not be subject to judicial review except as part of a final order of deportation under section 106 of this Act.'. SEC. 104. LABOR CERTIFICATION. Section 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended-- (1) by amending subparagraph (A) to read as follows: `(A) LABOR CERTIFICATION- Any alien who seeks to enter the United States under the classifications described in section 203(b)(2) is excludable, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that the employer who is seeking the services of such alien has-- `(i) paid the fee described in subparagraph (D); and `(ii) attempted to recruit a citizen of the United States or an alien lawfully admitted for permanent residence for the job that will be done by the alien whose services are being sought, using recruitment procedures that meet industry-wide standards and offering compensation equal in value to at least 105 percent of the prevailing compensation for individuals in such employment (including wages, benefits, and all other compensation).'; (2) in subparagraph (C) by striking `or (3)'; and (3) by inserting after subparagraph (C) the following new subparagraphs: `(D)(i) The fee described in this subparagraph is a fee-- `(I) which is equal to 25 percent of the value of the annual compensation (including wages, benefits, and all other compensation) to be paid to the alien whose services are being sought; and `(II) which has been paid by the petitioning employer into a private fund certified by the Secretary of Labor as dedicated to the goal of increasing the competitiveness of workers who are citizens or lawful permanent residents of the United States and reducing the dependence of employers on new foreign workers, by making grants for education or training, or for other purposes consistent with such goal. `(ii)(I) It is unlawful for a petitioning employer to require, as a condition of employment by such employer or otherwise, that the fee described in this subparagraph, or any part of it, be paid directly or indirectly by the alien whose services are being sought. `(II) Any person or entity which is determined, after notice and opportunity for an administrative hearing, to have violated subclause (I) shall be subject to a civil penalty of $5,000 for each violation, to an administrative order requiring the payment of the fee described in this subparagraph, and to disqualification for 1 year from petitioning under section 204 or 214(c). `(III) Any amount determined to have been paid, directly or indirectly, to the fund by the alien whose services were sought, shall be repaid from the fund to such alien. `(E)(i) If the Secretary of Labor determines that a nationwide labor shortage exists in the United States with respect to an occupation, a certification under section 212(a)(5)(A) shall be deemed to have been issued with respect to an alien who has such occupation and for whom a petition has been submitted under section 203(b)(2), except that payment of the fee referred to in subparagraph (A) shall still be required and must be paid before a petition for classification under section 203(b)(2) may be approved. `(ii) If the Secretary of Labor determines that a labor surplus exists in the United States with respect to an occupation, a certification under section 212(a)(5)(A) for petitions for that occupation may not be issued. `(iii) Any person may request that the Secretary of Labor make a determination described in clause (i) or (ii), by submitting evidence bearing on such determination. `(iv) The burden of proving that a labor shortage or surplus exists in the United States with respect to an occupation shall be on the person or group requesting that the Secretary of Labor make a determination described in clause (i) or (ii). `(v) No request for a determination described in clause (i) or (ii) may be considered unless the person or group making the request has provided notice of the request to all persons who the Secretary of Labor has determined, in his sole, unreviewable discretion, are interested parties. `(vi) Any person may submit to the Secretary of Labor documentary evidence bearing on a request for a determination described in clause (i) or (ii).'. SEC. 105. SPECIAL IMMIGRANT CLASSIFICATIONS. (a) SPECIAL IMMIGRANT STATUS FOR CERTAIN DISABLED SONS AND DAUGHTERS OF UNITED STATES CITIZENS AND PERMANENT RESIDENTS- Section 101(a)(27) is amended-- (1) by striking the period at the end of subparagraph (K) and inserting in lieu thereof `; or'; and (2) by adding at the end the following new subparagraph: `(L) an immigrant who is the disabled son or daughter (as defined in section 101(a)(47)) of an alien lawfully admitted for permanent residence or a United States citizen, and who is accompanying or following to join such alien or citizen for the purpose of permanently residing with such alien or citizen.'. (b) DEFINITION OF DISABLED SON OR DAUGHTER- Section 101(a) of the Immigration and Nationality Act is amended by adding at the end the following new paragraph: `(47)(A) For purposes of section 101(a)(27)(B), and except as provided in subparagraph (B), the term `disabled son or daughter' means a son or daughter who has a severe mental or physical impairment, or combination of mental or physical impairments, which-- `(i) is likely to continue indefinitely; and `(ii) causes substantially total inability to perform functions necessary for independent living. `(B) No son or daughter may be considered to be a disabled son or daughter within the meaning of this paragraph on the basis, in whole or in part, of any physical or mental impairment if such son or daughter and the lawful permanent resident or citizen of the United States who is their parent have not sought the amelioration of this impairment through medical treatment to the maximum extent reasonably possible given their ability and resources.'. (c) INSURANCE REQUIREMENT- Section 212(a)(4) (8 U.S.C. 1182(a)(4)), as amended by section 101(b) of this Act, is further amended by adding at the end the following new subparagraph: `(C) INSURANCE REQUIREMENT FOR CERTAIN DISABLED SONS AND DAUGHTERS- `(i) IN GENERAL- Any alien who seeks admission as a disabled son or daughter under section 101(a)(27)(L) is inadmissible unless the alien or a petitioning parent demonstrates at the time of issuance of the visa to the satisfaction of the consular officer and at the time of admission to the satisfaction of the Attorney General that the alien-- `(I) will have coverage under an adequate health insurance policy (at least comparable to coverage provided under the medicare program under title XVIII of the Social Security Act); and `(II) will have coverage with respect to long-term health needs (at least comparable to such coverage provided under the medicaid program under title XIX of such Act for the State in which either the alien and the petitioning parent will reside), throughout the period the alien resides in the United States. `(ii) FACTORS TO BE TAKEN INTO ACCOUNT- In making a determination under clause (i), the Attorney General or the consular officer shall take into account the age of the disabled son or daughter, the nature of the disability and impairment, and the likelihood of the son or daughter securing health insurance coverage through the petitioner's employment. `(iii) REQUIREMENTS- Such petitioning parent shall not be determined to have demonstrated that the alien will have the insurance coverage required in clause (i) unless such parent has agreed to provide such coverage as part of an affidavit of support that has been executed as a contract which-- `(I) is legally enforceable against such parent by the sponsored son or daughter, by the Federal Government, and by any State, district, territory, or possession of the United States (or any subdivision of such State, district, territory, or possession of the United States) which provides any financial or medical assistance for which eligibility is based on need, and `(II) otherwise satisfies the requirements of all Federal statutes relating to such sponsor affidavits of support presented to satisfy the requirements of this section. `(iv) CIVIL PENALTY- (I) Except as otherwise provided in clause (v), any sponsor who is determined, after notice and opportunity for an administrative hearing, pursuant to regulations of the Attorney General, to have failed to provide the insurance such sponsor has agreed to provide in the affidavit described in clause (iii) shall be subject to a civil penalty of $5,000 for the first such failure and $10,000 for the second and subsequent failures, and to an administrative order requiring the providing of such insurance. `(II) A sponsor adversely affected by such an administrative order, may, within 45 days after the date such order was issued (or, if an administrative appeal is available, after the conclusion of that appeal), file a petition in the Court of Appeals for the appropriate circuit for review of the order. Any such review shall be solely on the administrative record, and the court must affirm the order unless it is clearly erroneous. `(III)(aa) If a sponsor fails to comply with an administrative order referred to in subclause (I), the Attorney General shall file a suit to seek compliance with the order in any appropriate district court of the United States. `(bb) In any such suit, the determination that the sponsor had not provided the insurance he had agreed to provide shall not be subject to review. `(v) EXEMPTION- A sponsor shall not be subject to the provisions of clause (iv) if the failure to provide such insurance is the result of changes in the sponsor's financial circumstances, changes which would mean that if such insurance were provided, then the total income of the sponsor and other members of his household, minus the cost of providing such insurance, would be below the official poverty line (as defined by the Social Security Administration, and revised annually by the Secretary of Health and Human Services) that is applicable to a family the size of the sponsor's household.'. (d) LOCATION OF WORK EXPERIENCE FOR CERTAIN RELIGIOUS WORKERS- Section 101(a)(27)(C)(iii) (8 U.S.C. 1101(a)(27)(C)(iii)) is amended by inserting `outside the United States' after `continuously'. SEC. 106. EFFECT OF APPROVED IMMIGRANT VISA PETITION. Section 221 (8 U.S.C. 1201) is amended by adding at the end the following new subsection: `(j)(1) The approval by the Attorney General of a petition for classification under section 101(a)(27), 201(b), 203(a), or 203(b) shall not relieve the alien of the burden of establishing to the satisfaction of the consular officer that the alien is eligible to receive an immigrant visa. `(2) If the alien shall be unable to establish such eligibility for an immigrant visa, the consular officer may deny the visa, in his sole, unreviewable discretion and notwithstanding the presence of an approved petition, and may return the petition to the Attorney General for appropriate action.'. SEC. 107. JUDICIAL REVIEW. Section 203 (8 U.S.C. 1153), as amended by this Act, is further amended by adding at the end the following new subsection: `(i) Except as otherwise provided in section 203(h)(8) and notwithstanding any other provision of law, with respect to any civil action against any agency which involves a cause or claim regarding the allocation of immigrant visas or determinations made on immigrant visa petitions under this section-- `(1) suit must be brought within 90 days of the challenged action or determination; `(2) venue shall lie only in the District Court for the District of Columbia; `(3) suit may be brought only by persons who have petitioned for the issuance of an immigrant visa and have exhausted all available administrative remedies; `(4) no suit may be brought to compel the agency to adjudicate a pending visa petition; `(5) review of a denial of a visa petition shall be solely on the administrative record; and `(6) the court-- `(A) must sustain the agency's action unless it has been shown by the petitioner to be clearly erroneous; `(B) may not review any exercise of the agency's discretion; and `(C) may not reverse or remand a determination on the basis, in whole or in part, that the agency's explanation of its action was not sufficiently extensive. SEC. 108. CONFORMING AMENDMENTS AND REPEALS. (a) Section 204(a)(1)(A)(i) is amended by striking `paragraph (1), (3), or (4) of'. (b) The following sections of the Immigration and Nationality A ct are amended by striking `203(a)(2)' each place it appears and inserting in lieu thereof `203(a)': sections 204(a)(1)(B)(i), 204(a)(2)(A), 212(a)(6)(E)(ii), 216(g)(1)(C), and 241(a)(1)(E)(ii). (c) The following provisions of the Immigration and Nationality Act are amended by striking `203(a)(2)(A)' each place it appears and inserting in lieu thereof `203(a)': Sections 204(a)(1)(B)(ii), and 204(a)(1)(B)(iii). (d) Section 154(b)(1)(B)(i) of the Immigration Act of 1990 is amended by striking `203(b)(1)' each place it appears and inserting in lieu thereof `203(b)(1)(A) and (B)'. (e) Section 204(a)(1)(D) is amended by striking `, 203(b)(1)(C), 203(b)(2), or 203(b)(3)' and inserting in lieu thereof `or 203(b)(2)'. (f) Section 206(a) of the Immigration Act of 1990 is amended by striking `203(b)(1)(C)' and inserting `203(b)(1)(B)'. (g) Section 204(b) is amended by striking `section 203(b)(2) or 203(b)(3)' and inserting in lieu thereof `subparagraph (A), (B), or (C) of section 203(b)(2)'. (h) Section 212(a)(5)(C) is amended by striking `or (3)'. (i) Section 204(a)(1)(E)(i) is amended by striking `section 203(b)(4)' and inserting in lieu thereof `section 203(b)(1)(D)'. (j) Section 245(i)(3) is amended by striking `203(b)(4)' and inserting in lieu thereof `203(b)'. (k) Section 204(a)(1)(F) is amended by striking `203(b)(5)' and inserting in lieu thereof `203(b)(1)(C)'. (l) Sections 216A(b)(1)(C) and 216A(f)(1) are each amended by striking `203(b)(5)' each place it appears and inserting in lieu thereof `203(b)(1)(C)'. (m) Section 610 of Public Law 102-395 is amended-- (1) in subsections (a) and (b), by striking `203(b)(5)' each place it appears and inserting in lieu thereof `203(b)(1)(C)'; and (2) in subsection (c), by striking `section 203(b)(5)(A)(iii)' and inserting in lieu thereof `section 203(b)(1)(C)(iii)'. (n) Public Law 102-509 is amended-- (1) by striking section 3 and redesignating the section 4 as section 3; (2) in subsection (a) of section 3, as redesignated-- (A) by striking `expertise' and inserting in lieu thereof `education and experience'; and (B) by striking `who possess `exceptional ability in the sciences', for purposes of' and inserting in lieu thereof `described in'. SEC. 109. TRANSITION. Any petition filed under section 204(a) of the Immigration and Nationality Act before October 1, 1996-- (1) for preference status under section 203(a)(2) of such Act (as in effect before such date) for qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence; and (2) for preference status under section 203(b)(1)(C), 203(b)(2), 203(b)(3)(A)(i), 203(b)(3)(A)(ii), 203(b)(4), and 203(b)(5) of such Act (as in effect before such date), shall be deemed, as of such date, to be a petition filed under such section for preference status under section 203(a), 203(b)(1)(B), 203(b)(2)(A), 203(b)(2)(B), 203(b)(2)(C), 203(b)(1)(D), and 203(b)(1)(C), respectively, of such Act (as amended by this Act). SUBTITLE B--CHANGES IN NUMERICAL LIMITATIONS ON IMMIGRANTS SEC. 111. WORLDWIDE NUMERICAL LIMITATION ON FAMILY-SPONSORED IMMIGRATION. Subsection (c) of section 201 (8 U.S.C. 1151) is amended to read as follows: `(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS- The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to 85,000, plus the number, if any, specified in section 114 of the Immigration Reform Act of 1995.'. SEC. 112. WORLDWIDE NUMERICAL LIMITATION ON EMPLOYMENT-BASED IMMIGRATION. Subsection (d) of section 201 (8 U.S.C. 1151) is amended to read as follows: `(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED IMMIGRANTS- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to 90,000.'. SEC. 113. NUMERICAL LIMITATION ON IMMIGRATION FROM A SINGLE FOREIGN STATE. (a) In section 202(a), strike paragraphs (2) through (4), and insert in lieu thereof the following: `(2) PER COUNTRY LEVELS FOR FAMILY-SPONSORED AND EMPLOYMENT-BASED IMMIGRANTS- (A) Subject to subparagraph (C), the total number of immigrant visas made available in any fiscal year to natives of any single foreign state or dependent area under section 203 (a) and (b) may not exceed the difference (if any) between-- `(i) 20,000 in the case of any foreign state (or 5,000 in the case of a dependent area) not contiguous to the United States, or 40,000 in the case of any foreign state contiguous to the United States; and `(ii) the amount specified in subparagraph (B). `(B) The amount specified in this subparagraph is the amount by which the total of the number of immediate relatives admitted in the prior fiscal year who are natives of such state or dependent area exceeded 20,000 in the case of any foreign state (or 5,000 in the case of a dependent area) not contiguous to the United States, or 40,000 in the case of any foreign state contiguous to the United States. `(C) In any fiscal year in which immigrant visa numbers are made available under section 114(a) of the Immigration Reform Act of 1995, the per country limitation specified in subparagraph (A) shall not apply to aliens who are allotted visas under section 203(a), except that the number of immigrant visas made available to the natives of any foreign state or dependent area under section 203(a) for such fiscal year shall be subtracted from the level specified in subparagraph (A) for purposes of the application of such level to immigrants from such state or area under section 203(b) for such fiscal year.'. (b) In section 202(e), strike all after `in a manner so that' a nd insert in lieu thereof the following: `visa numbers are made available first under sections 203(a), second under section 203(b)(1)(A), third under section 203(b)(1)(B), fourth under section 203(b)(1)(C), fifth under section 203(b)(1)(D), sixth under section 203(b)(2)(A), seventh under section 203(b)(2)(B), and eighth under section 203(b)(2)(C).'. SEC. 114. TRANSITION FOR CERTAIN BACKLOGGED SPOUSES AND CHILDREN OF LAWFUL PERMANENT RESIDENTS. (a) IN GENERAL- (1) In addition to any immigrant visa numbers otherwise available, additional immigrant visa numbers shall be made available in each fiscal year beginning on or after October 1, 1996, in which an alien who has a petition approved for classification under section 203(a) of the Immigration and Nationality Act (as amended by this Act) as of the date of enactment of this Act could not otherwise receive a visa, in an amount equal to the number specified in paragraph (2). (2) The number specified in this paragraph is-- (A) in the first fiscal year beginning after the date of enactment of this Act, 150,000, and (B) in any subsequent fiscal year in which numbers are available under paragraph (1), the lesser of-- (i) 150,000, and (ii) the number which is the difference between-- (I) the total level of family-sponsored immigration under section 203(a) and section 201(b)(2)(A)(i) in the prior fiscal year; and (II) the total level of family-sponsored immigration under sections 203(a) and 201(b)(2)(A)(i) in fiscal year 1995. (b) ORDER OF PRIORITY- Visa numbers that are made available under this section for aliens who have petitions approved for classification under section 203(a) of the Immigration and Nationality Act (as amended by this Act) shall be made available-- (1) first to aliens for whom the petitioning alien did not become an alien lawfully admitted for permanent residence through the operation of section 210 or 245A of the Immigration and Nationality Act, in the order in which a petition for such classification, in behalf of each such alien, is filed with the Attorney General under section 204 of such Act; and (2) second, if there are any remaining numbers, to aliens for whom the petitioning alien did become an alien lawfully admitted for permanent residence through the operation of section 210 or 245A of such Act, in the order in which a petition for such classification, in behalf of each such alien, is filed with the Attorney General under section 204 of such Act. (c) EXEMPTION FROM PER COUNTRY LIMITATION- The additional visa numbers provided under this section shall not be subject to the numerical limitations of section 202(a). SEC. 115. CONGRESSIONAL REVIEW OF NUMERICAL LIMITATIONS. (a) HEARINGS- (1) After the date specified in paragraph (2), the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate shall each hold a hearing on the issue of whether one or more of the numerical limitations specified in section 201(c), 201(d)(1), 203(a), or 203(b) of the Immigration and Nationality Act should be changed. (2) The date specified in this paragraph is the later of-- (A) the end of the fifth fiscal year beginning after the effective date of this Act; or (B) the date on which the number of aliens who have had petitions approved for classifications under section 203(a) of the Immigration and Nationality Act (as amended by this Act) as of the date of enactment of this Act, but with respect to whom no visa number has yet become available, has declined to a level of 10,000. (b) EXPEDITED PROCEDURES- (1) EXERCISE OF RULE MAKING POWER- Paragraphs (2), (3), and (4) are enacted-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each respective House, but applicable only with respect to the procedure to be followed in the case of a bill described in paragraph (2), and supersede the other rules only to the extent that such subsections are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules at any time, in the same manner and to the same extent as in the case of any other rule of that House. (2) COMMITTEE ACTION- If, within 30 days after the conclusion of a hearing of the Committee on the Judiciary of the House of Representatives or the Committee on the Judiciary of the Senate referred to in subsection (a), a bill directed solely to a change in one or more of the numerical limitations referred to in subsection (a) is reported by the Committee that held the hearing to the Senate or House of Representatives, as the case may be, the procedure specified in paragraphs (3) and (4) shall be followed. (3) FLOOR CONSIDERATION- (A) After the Committee has reported a bill as provided in paragraph (2), a motion to proceed to the consideration of the bill shall be highly privileged and is not debatable. The motion shall not be subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. (B) Debate on the bill, and all debatable motions and appeals in connection therewith, shall be limited to no more than 10 hours, to be equally divided in the Senate between, and controlled by, the majority leader and the minority leader or their designees and to be equally divided in the House of Representatives between individuals favoring and individuals opposed to the bill. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution, is not in order. A motion to reconsider the vote by which the bill is passed or rejected shall not be in order. (C) Immediately following the conclusion of the debate on the bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (D) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to the bill shall be decided without debate. (4) RECEIPT OF BILL FROM OTHER HOUSE- If, prior to the passage by one House of a bill of that House described in paragraph (2), that House receives a bill described in paragraph (2) from the other House, then-- (A) the procedure in that House shall be the same as if no such bill had been received from the other House; but (B) the vote on final passage shall be on the bill of the other House. TITLE II--NONIMMIGRANTS SEC. 201. CHANGES IN H AND L CLASSIFICATIONS. (a) INTENT- (1) Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is amended in subclause (i)(b) by inserting after `section 212(j)(2),' the following: `having a residence in a foreign country which he has no intention of abandoning'. (2) Section 101(a)(15)(L) (8 U.S.C. 1101(a)(15)(L)) is amended by inserting after `an alien' the following: `having a residence in a foreign country which he has no intention of abandoning'. (3) Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `(other than a nonimmigrant described in subparagraph (H)(i) or (L) of section 101(a)(15))'. (b) DURATION- (1) Section 214(c)(2)(D) (8 U.S.C. 1184(c)(2)(D)) is amended by striking all that follows after `admission for' and inserting in lieu thereof the following: `a nonimmigrant admitted to render services under section 101(a)(15)(L) shall not exceed 3 years.'. (2) Section 214(g)(4) is amended-- (A) by inserting `or section 101(a)(15)(H)(ii)(b)' after `section 101(a)(15)(H)(i)(b)'; and (B) by striking `6 years' and inserting in lieu thereof `3 years'. SEC. 202. CHANGES IN H-1B CLASSIFICATION. (a) FEE- Section 212(n) (8 U.S.C. 1182(n)) is amended by adding at the end the following new paragraph: `(3)(A) No alien may be admitted or provided status as a nonimmigrant described in section 101(a)(15)(H)(i)(b) unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that the employer who is seeking the services of such alien has paid a fee-- `(i) which is a percent of the value of the annual compensation (including wages, benefits, and all other compensation) to be paid to the alien whose services are being sought, equal to 5 percent in the first year, 7.5 percent in the second year, and 10 percent in the third year; and `(ii) which is paid by the petitioning employer into a private fund certified by the Secretary of Labor as dedicated to the goal of increasing the competitiveness of workers who are citizens or lawful permanent residents of the United States and reducing the dependence of employers on new foreign workers, by making grants for education or training, or for other purposes consistent with such goal. `(B)(i) It is unlawful for a petitioning employer to require, as a condition of employment by such employer, or otherwise, that the fee described in this paragraph, or any part of it, be paid directly or indirectly by the alien whose services are being sought. `(ii) Any person or entity which is determined, after notice and opportunity for an administrative hearing, to have violated clause (i) shall be subject to a civil penalty of $5,000 for each violation, to an administrative order requiring the payment of the fee described in this paragraph, and to disqualification for 1 year from petitioning under section 204 or 214(c). `(iii) Any amount determined to have been paid, directly or indirectly, to the fund by the alien whose services were sought, shall be repaid from the fund to such alien.'. (b) ATTESTATIONS- (1) WAGE LEVEL- Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended in subparagraph (A)(i)-- (A) by striking `wages that are at least' and inserting in lieu thereof the following: `compensation (including wages, benefits, and all other compensation) that is equal in value to at least '; (B) by striking `the actual wage level' and inserting in lieu thereof the following: `100 percent of the prevailing level of compensation (including wages, benefits, and all other compensation)'; and (C) by striking `the prevailing wage level' and inserting in lieu thereof the following: `105 percent of the prevailing level of compensation (including wages, benefits, and all other compensation)'. (2) DISPLACEMENT OF UNITED STATES WORKERS- Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (D) the following new subparagraph: `(E)(i) The employer-- `(I) within the 6 months preceding the date of filing the application, has not laid off any protected individual (within the meaning of section 274B(a)(3)) with substantially equivalent, or greater, qualifications (including experience) for the specific employment for which the nonimmigrant is being sought, unless the employer pays to the nonimmigrant actual compensation equal in value to at least 105 percent of the arithmetic mean of the value of the last compensation (including wages, benefits, and all other compensation) earned by the laid off employees (or, if greater, 105 percent of the arithmetic mean of the highest compensation (including wages, benefits, and all other compensation) earned by such laid off employees within the most recent year, if the employer reduced compensation of the laid off employees during such year and such reduction was not part of a general company-wide reduction of compensation for substantially all employees); and `(II) within the 90 days following the date of filing the application, and for so long as the application remains active or a visa remains in effect with respect to a nonimmigrant pursuant to such an application, will not lay off any protected individual (within the meaning of section 274B(a)(3)) with substantially equivalent, or greater, qualifications (including experience) for the specific employment for which the nonimmigrant is employed, unless the employer pays to the immigrant actual compensation equal in value to at least 105 percent of the arithmetic mean of the value of the last compensation (including wages, benefits, and all other compensation) earned by the laid off employees (or, if greater, 105 percent of the arithmetic mean of the highest compensation (including wages, benefits, and all other compensation) earned by such laid off employees within the most recent year, if the employer reduced compensation of the laid off employees during such year and such reduction was not part of a general company-wide reduction of compensation for substantially all employees). `(ii) For purposes of this subparagraph, the term `laid off', with respect to an employee, means the employee's loss of employment, other than a discharge for cause or a voluntary departure or voluntary retirement.'. (3) RECRUITMENT OF UNITED STATES WORKERS- Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by this Act, is further amended by inserting after subparagraph (E) the following new subparagraph: `(F) The employer, prior to filing the application, attempted to recruit a citizen of the United States or an alien lawfully admitted for permanent residence for the job that will be done by the alien whose services are being sought, using recruitment procedures that meet industry-wide standards and offering compensation equal in value to at least-- `(i) 100 percent of the actual level of compensation (including wages, benefits, and all other compensation) paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or `(ii) 105 percent of the level of compensation (including wages, benefits, and all other compensation) prevailing for individuals in such employment in the area of employment, whichever is greater, based on the best information available as of the date of filing the application.'. (4) STEPS TO END DEPENDENCE ON FOREIGN WORKERS- Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by this Act, is further amended by inserting after subparagraph (F) the following new subparagraph: `(G)(i) The employer has taken, and is taking, timely, significant, and effective steps to recruit and retain sufficient United States workers, in order to remove as quickly as reasonably possible the dependence of the employer on nonimmigrant foreign workers. `(ii) For purposes of clause (i), each of the following shall be considered a significant step reasonably designed to recruit and retain workers who are United States citizens or lawful permanent resident aliens: `(I) Operating a program of training existing employees who are U.S. citizens or lawful permanent resident aliens in the skills needed by the employer, or financing (or otherwise providing for) employees' participation in such a training program elsewhere. `(II) Providing career development programs and other methods of facilitating workers in related fields to acquire the skills needed by the employer. `(III) Paying to employees who are United States citizens or lawful permanent resident aliens compensation that is equal in value to more than 105 percent of what is paid to persons similarly employed in the geographic area. `(IV) Providing facilities and services to increase the productivity of employees, in order to decrease the number of persons with the desired skills who are needed. `(V) Providing reasonable opportunities for meaningful increases in compensation by employees who are United States citizens or lawful permanent resident aliens who have the needed skills. The steps described in this clause shall not be considered to be an exhaustive list of the significant steps that may be taken to meet the requirements of clause (i). `(iii) Such steps shall not be considered effective if the employer has failed to decrease by at least 10 percent in two consecutive years the percentage of the employer's total number of employees in the specific employment in which the nonimmigrant workers are employed, which is represented by the number of such nonimmigrant workers.'. (5) JOB CONTRACTORS- (A) Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as amended by this Act, is further amended by inserting after subparagraph (G) the following new subparagraph: `(H) In the case of an employer that is a job contractor (within the meaning of regulations promulgated by the Secretary of Labor to carry out this subsection), the contractor will not place the employee with another employer unless such other employer has executed an attestation that the employer is complying and will continue to comply with the requirements of this paragraph in the same manner as they apply to the job contractor.'. (B) Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by this Act, is further amended by adding at the end the following new subparagraph: `(E) The provisions of this paragraph shall apply to complaints respecting a failure of another employer to comply with an attestation described in paragraph (1), that has been made as the result of the requirement imposed on job contractors under paragraph (1)(H), in the same manner that they apply to complaints of a petitioner with respect to a failure to comply with a condition described in paragraph (1) by employers generally.'. (c) EXPERIENCE REQUIREMENT- Section 214(i)(2) (8 U.S.C. 1184(i)(2)) is amended-- (1) in subparagraph (B), by striking `or' and inserting in lieu thereof `and'; and (2) in subparagraph (C), by striking `(i)' and all that follows through `to the specialty' and inserting in lieu thereof the following: `2 years experience in the specialty outside the United States after obtaining the most recently received bachelor's or higher degree'. (d) PREVAILING WAGE- Section 212(n), as amended by this Act, is further amended by adding at the end the following new paragraph: `(4) The prevailing level of compensation for an occupational classification in an area of employment for purposes of paragraph (1) and of subsection (a)(5) shall not be considered to vary depending on the characteristics of the employer (including whether or not the employer is an institution of higher education or a related or affiliated nonprofit entity), except, pursuant to regulations of the Secretary of Labor, to the extent there is a difference in either-- `(A) working conditions, including the presence or absence of conditions that could reasonably be expected to affect the wage that would have to be paid; or `(B) functional requirements of the job.'. SEC. 203. CHANGES IN L CLASSIFICATION. (a) Section 101(a)(15)(L) is amended to read as follows: `(L) an alien-- `(i) who, in the 5 years preceding the time of the alien's application for admission into the United States, either has been employed outside the United States for at least 3 years by a multinational firm (as defined in section 203(b)(1)(B)(ii)) in a capacity that is managerial, executive, or involves specialized knowledge, or has been employed outside the United States in such a capacity both for at least 1 year by a multinational firm, and for at least 3 years by one or more other multinational firms; and `(ii) who seeks to enter the United States in order to continue to render services to the same multinational firm, or to a subsidiary or other affiliate (under substantially common ownership) thereof, in such a capacity, and the alien spouse and minor children of any such alien if accompanying him or following to join him;'. (b) Section 214(c)(2)(B) (8 U.S.C. 1184(c)(2)(B)) is amended by inserting before the period at the end the following: `, except that such special knowledge or advanced level of knowledge may not be taken into account for purposes of that section if it is common in the industry.'. SEC. 204. CHANGES IN B, F, J, AND M CLASSIFICATIONS. (a) ADMISSION OF STUDENT VISA HOLDERS- Section 214 (8 U.S.C. 1184) is amended by adding at the end the following new subsection: `(l)(1) A nonimmigrant under section 101(a)(15) (F) or (M) shall be admitted for the proposed period of study at the specified academic level. A student shall be expected to make normal progress toward obtaining his or her diploma or degree. The Attorney General may, however, grant a limited extension of stay to allow the student to complete studies beyond the period normally required. `(2) A nonimmigrant under section 101(a)(15)(J) shall be admitted for the proposed period of participation in the sponsoring exchange program.'. (b) PERSONS ELIGIBLE FOR STUDENT VISAS- (1) Section 101(a)(15)(B) (8 U.S.C. 1101(a)(15)(B)) is amended by inserting after `study' the following: `(except for the purpose of English language training of six months or less)'. (2) Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended-- (A) in clause (i)-- (i) by inserting after `such a course of study' the following: `(other than English language training of six months or less)'; and (ii) by striking `academic high school, elementary school, or other academic institution or in a language training program', and inserting in lieu thereof the following: `private elementary or academic secondary school, or postsecondary academic institution, or in a language-training program'; and (B) by inserting before the semicolon at the end of clause (ii) the following: `: [Italic->] Provided, [<-Italic] That nothing in this paragraph shall be construed to prevent a child who is present in the United States in a nonimmigrant status other than that conferred by section 101(a)(15) (B), (C), (F)(i), or (M)(i), from seeking admission to a public elementary or secondary school for which such child may otherwise be qualified.'. SEC. 205. PILOT PROGRAM ON INFORMATION AND TRACKING SYSTEM RELATING TO NONIMMIGRANT FOREIGN STUDENTS. (a) IN GENERAL- Not later than January 1, 1998, the Attorney General and the Secretary of State shall jointly develop and conduct a pilot program to collect electronically from approved colleges and universities in the United States the information described in subsection (c) with respect to aliens with the status, or seeking the status, of nonimmigrants under section 101(a)(15) (F), (J), or (M) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15) (F), (J), or (M)). (b) COVERED COUNTRIES- The pilot program established under subsection (a) shall cover the nationals of countries selected jointly by the Attorney General and the Secretary of State. The Attorney General and the Secretary shall initially select not less than five countries and may select additional countries at any time while the program is being conducted. (c) INFORMATION TO BE COLLECTED- Under the pilot program, the Attorney General and the Secretary of State shall collect all of the following information: (1) Whether an alien applying for a visa, or for entry into the United States, as a student under the provisions of section 101(a)(15) (F), (J), or (M) of the Immigration and Nationality Act has been issued a certificate of eligibility by an approved college or university, and the name of each such college or university. (2) The date on which a visa was issued to an alien under section 101(a)(15) (F), (J), or (M) of such Act, the place at which such visa was issued, the category of such visa, and the name of the college or university for which such visa was issued. (3) Whether an alien is enrolled in an approved college or university in the United States, and the name of each such college or university. (4) The current address in the United States of aliens with the status, or seeking the status, of nonimmigrants under section 101(a)(15) (F), (J), or (M) of such Act. (5) Whether an alien with the status, or seeking the status, of a nonimmigrant under section 101(a)(15) (F), (J), or (M) of such Act is a student in good standing at an approved college or university, who is pursuing a full course of study and is making normal progress toward a degree, or has withdrawn, been expelled, suspended, or placed on academic probation, or has transferred, graduated, or his attendance has otherwise terminated. (6) Whether an alien with the status, or seeking the status, of a nonimmigrant under section 101(a)(15) (F), (J), or (M) of such Act has been expelled, suspended, placed on academic probation, or subjected to other disciplinary action, by an approved college or university as the result of being convicted of a crime. (d) DISSEMINATION OF INFORMATION- (1) The Secretary of State shall make available the information collected under the program to embassies and consulates of the United States designated by the Secretary. (2) The Attorney General shall make available such information to immigration officers designated by the Attorney General. (e) FUNDING- (1)(A)(i) The Secretary of State shall impose and collect a processing fee on all visas issued under the provisions of section 101(a)(15) (F) or (M) of the Immigration and Nationality Act. (ii) The Attorney General shall impose and collect a processing fee on all changes of status to such classifications. (iii) The Secretary and the Attorney General shall commence imposing and collecting such fees on April 1, 1997. (B) Except as provided in subsection (g)(2), the amount of the fee imposed and collected under subparagraph (A) shall be jointly determined by the Attorney General and the Secretary and may be in any amount not in excess of $100. (2) The Attorney General and the Secretary shall use funds collected under paragraph (1) to pay for the costs of carrying out the program. (3) Funds collected under paragraph (1) shall be available to the Attorney General and the Secretary, without regard to appropriation Acts and without fiscal year limitation, to supplement funds otherwise available to the Department of Justice and the Department of State. (f) JOINT REPORT- Not later than five years after the commencement of the pilot program under subsection (a), the Attorney General and the Secretary of State shall jointly submit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the pilot program and the feasibility of expanding the program to cover the nationals of all countries. (g) WORLDWIDE APPLICABILITY OF PROGRAM- (1)(A) Not later than six months after the submission of the report required by subsection (f), the Attorney General and the Secretary of State shall jointly commence expansion of the pilot program to cover the nationals of all countries. (B) Such expansion shall be completed not later than one year after the date of the submission of the report referred to in subsection (f). (2) After the program has been expanded, as provided in paragraph (1), the Attorney General and the Secretary may, on a periodic basis, jointly revise the amount of the processing fee imposed and collected under the program, in order to take into account changes in the cost of carrying out the program. (h) PARTICIPATION BY COLLEGES AND UNIVERSITIES- (1) The information specified in subsection (c) shall be provided by approved colleges and universities as a condition of their approval under section 101(a)(15) (F) or (M) of the Immigration and Nationality Act, or of the issuance of visas to aliens for purposes of studying, or otherwise participating, at such colleges and universities in a program under section 101(a)(15)(J) of such Act. (2) If an approved college or university fails to provide the specified information, such approval and such issuance of visas shall be revoked or denied. TITLE III--EFFECTIVE DATE SEC. 301. EFFECTIVE DATE. Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall take effect on October 1, 1996.