American Workforce Improvement and Jobs Protection Act

HR 4166

Summary of HR 4166

American Workforce Improvement and Jobs Protection Act
Sponsors:  Lamar Smith (R-TX), John Carter (R-TX), Jeff Flake (R-AZ), Steve Chabot (R-OH), Bob Goodlatte (R-VA), Howard McKeon (R-CA)
Introduced: April 2, 2004

Section-by-Section Summary

1. Short Title

American Workforce Improvement and Jobs Protection Act

2. Exemption from Cap for Aliens Earning Masters or Higher Degree in United States; Limited to 20,000 Annually

Graduates of U.S. universities who have “earned a master’s or higher degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act)” are exempt from the numerical restrictions on H-1B visas.  This exemption is limited to 20,000 annually.  Effective date: Upon enactment.

3. Reinstatement of Dependency Attestations and $1000 Education and Training Fee

• Makes permanent the non-displacement and recruitment attestations for H-1B dependent employers that sunset on September 30, 2003.  Effective Date:  30 days after enactment.

• Makes permanent the $1000 filing fee for H-1B applications that sunset on September 30, 2003. Effective Date:  30 days after enactment.

• Makes permanent the DOL investigative authority that sunset on September 30, 2003.   Effective Date:  Upon enactment.

4. New “Fraud Detection and Prevention Fee” on H-1B and L Applications

Imposes a new fee of $500 on all initial H-1B and L applications.  This fee must be paid by the employer at the time of initial application for an H-1B or L visa.  In the case of blanket Ls, the fee will be paid at the consulate.  The fee applies only to the principal alien, not spouses or dependents.  The fee is not required upon extension of the visa but is required for a change of employers.  The money will be split evenly between DOL, DHS and DOS for anti-fraud activities, including the hiring of additional personnel.  Effective date: applies to petitions filed 90 days after enactment.

5. New L Visa Restrictions

Imposes several new restrictions on the L visa category.  The text is identical to S. 1635, the L visa bill introduced by Senator Chambliss. The legislation:

• Prohibits issuance of L-1B visas to foreign nationals who will be “stationed primarily at the worksite of an employer, other than the petitioning employer or its affiliate, subsidiary or parent…if  (i) the alien will be controlled and supervised principally by such unaffiliated employer; or (ii) the placement of the alien at the worksite of the unaffiliated employer is part of an arrangement merely to provide labor for the unaffiliated employer rather than in connection with the provision of a product or service for which specialized knowledge specific to the petitioning employer is necessary.” Applies to all applications filed on or after effective date whether for initial, extended or amended classification.

• Eliminates 6 month pre-employment requirement for blanket Ls.  All L applicants must now have worked for the employer abroad for at least one year.  Applies only to initial applications filed on or after enactment.

• Requires DHS to keep certain statistical reports on L visa usage.