Official Summary

10/25/2005--Introduced.Strengthening America's Workforce Act of 2005 - Amends the Immigration and Nationality Act to: (1) amend the definition of H-2B nonimmigrant worker; and (2) add a new H-2C nonimmigrant worker category (willing worker program). Requires employers seeking to hire

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Official Summary

10/25/2005--Introduced.
Strengthening America's Workforce Act of 2005 - Amends the Immigration and Nationality Act to:
(1) amend the definition of H-2B nonimmigrant worker; and
(2) add a new H-2C nonimmigrant worker category (willing worker program). Requires employers seeking to hire H-2B or H-2C workers to undertake specified recruitment efforts for U.S. workers, and to submit specified labor attestations. Provides worker protections. Addresses portability. Provides derivative status for spouses and children of H-2B and H-2C workers. Establishes annual numerical limitations on the number of aliens who may receive H-2B and H-2C status. Specifies authorized periods of admission for each category. Establishes the Immigration Study Commission to review the impact of this Act on national security and the economy and families.
Sets forth H-2B and H-2C alien provisions respecting:
(1) nonimmigrant status change and permanent immigrant status adjustment;
(2) exemption from certain grounds for inadmissibility;
(3) employer petition fees;
(4) collective bargaining coverage; and
(5) status ineligibility.
Provides for stays of removal for aliens involved in workplace claims. Prohibits disclosure to the Department of Homeland Security (DHS) by a federal or state agency of information concerning the immigration status of any worker. Triples civil penalties for a commercial enterprise that commits immigration-related document fraud for commercial or financial advantage.
Exempts from fiscal year admission limits foreign students who have earned an advanced degree in science, technology, engineering or math from a U.S. university or who are employed.
Exempts from direct numerical limitations:
(1) aliens with an advanced degree in science, technology, engineering, or math who have been working in a related field in the United States during the three-year period preceding their application for an employment-based immigrant visa;
(2) certain aliens who are priority workers or who have received a national interest waiver; and
(3) immediate relatives of an employment-based immigrant.
Authorizes full-time foreign students to work part-time off campus. Requires employer attestation respecting:
(1) wages;
(2) hours; and
(3) U.S. citizen recruitment.


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