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HR 5726 IH

To amend the Immigration and Nationality Act to require prospective employers of H-1B nonimmigrants to participate in an educational, training, or mentorship program for United States workers.

April 8, 2008

Mr. BAIRD introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Immigration and Nationality Act to require prospective employers of H-1B nonimmigrants to participate in an educational, training, or mentorship program for United States workers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. H-1B VISA APPLICATIONS AND CERTIFICATIONS.

(a) Programs To Train United States Workers- Section 212(n)(1) of the Immigration and Nationality Act is amended by inserting after subparagraph (G) the following:

`(H)(i) The employer is directly participating in, or will be directly participating in, an educational, training, or mentoring program to train United States workers in the local community in science, math, engineering, or technology related to the position for which an H-1B nonimmigrant is sought.

`(ii) The involvement of the employer in a program described in clause (i) shall be commensurate with the size of the employer and the total number of H-1B nonimmigrants already employed by the employer at the time the employment of a new H-1B nonimmigrant is sought.'.

(b) Effective Date- The amendment made by subsection (a) shall take effect, and apply to an employer who is seeking to employ a nonimmigrant described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), on and after the first day of the first fiscal year that begins after the date on which the numerical limitation in section 214(g)(1)(A) of such Act (8 U.S.C. 1184(g)(1)(A)) for such fiscal year is increased above 65,000.