S. 4546
ASSIMILATION Act
Sponsor: Tommy Tuberville · 0 cosponsors
Official summary
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Text of the bill
I Findings, purposes, definitions, and standards
II Immigrant and nonimmigrant classifications
(a) Labor condition requirements. Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended by adding at the end the following:
(6)
(A) No application under this subsection may be approved unless the employer attests, and the Secretary concurs, that the wage level for the position to be filled by the H–1B nonimmigrant is not less than 200 percent of the median wage for the occupational classification code in the area of intended employment.
(B) The Secretary of Homeland Security, to the maximum extent practicable and consistent with this Act, shall prioritize petitions filed on behalf of aliens who have earned a degree in science, technology, engineering, or mathematics from an institution of higher education in the United States.
(b) Numerical limitation and period of admission. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended—
(1) by striking paragraphs (5) and (6) and inserting the following:
(5) The numerical limitations under paragraph (1)(A) shall not apply to a petition filed on behalf of an alien employed, or to be employed, by an institution or organization if the Secretary of Homeland Security determines such employment affirmatively serves the economic, cultural, or security interests of the United States, as described in section 101(h).
(6) An alien previously approved pursuant to paragraph (5) shall be counted toward the numerical limitations under paragraph (1)(A) upon the first approval of a petition filed by an employer that does not qualify under paragraph (5) unless the alien has previously been counted toward such limitations.
; and
(2) by adding at the end the following:
(12)
(A) Notwithstanding any other provision of this subsection, the total number of aliens who may be issued visas or otherwise provided status as nonimmigrants under section 101(a)(15)(H)(i)(b) in any fiscal year may not exceed 50,000.
(B) An alien may not be accorded status under section 101(a)(15)(H)(i)(b) for a period exceeding 3 years. Such status may not be extended or renewed.
(C) An alien who has been granted status as a nonimmigrant under section 101(a)(15)(H)(i)(b) may not adjust his or her status to that of an alien lawfully admitted for permanent residence unless the alien remains outside of the United States for a continuous period of not less than 2 years following the expiration of such status.
III Admission, inadmissibility, sponsorship, and administrative authority
IV Naturalization and citizenship
V Asylum, inspection, detention, and unaccompanied alien children
VI Employment eligibility verification and labor protections
VII Conforming amendments; reports; effective dates; applicability; severability