§ 4213 : NEW APPLICATION REQUIREMENTS

Section 212(n)(1)(8 U.S.C. 1182(n)(1)) is amended by inserting after clause (iii) of subparagraph (G) , as amended by section 4211(c)(2),the following:

H.

 i. The employer has not advertised any available position specified in the application in an advertisement that states or indicates that—

I.

such position is only available to an individual who is or will be an H–1B nonimmigrant or an alien participating in optional practical training pursuant to section 101(a)(15)(F)(i); or

II.

an individual who is or will be an H– 1B nonimmigrant or participant in such optional practical training shall receive priority or a preference in the hiring process for such position.

ii.

The employer has not solely recruited individuals who are or who will be H–1B nonimmigrants or participants in optional practical training pursuant to section 101(a)(15)(F)(i)to fill such position.

I.

 i. If the employer (other than an educational or research employer) employs 50 or more employees in the United States, the sum of the number of such employees who are H–1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L)may not exceed—

I.

75 percent of the total number of employees, for fiscal year 2015;

II.

65 percent of the total number of employees, for fiscal year 2016; and

III.

50 percent of the total number of employees, for each fiscal year after fiscal year 2016.

ii.

In this subparagraph:

I.

The term educational or research employer means an employer that is a nonprofit institution of higher education or a nonprofit research organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code.

II.

The term H–1B nonimmigrant means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b).

III.

The term L nonimmigrant means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(L)to provide services to his or her employer involving specialized knowledge.

iii.

In determining the percentage of employees of an employer that are H–1B nonimmigrants or L nonimmigrants under clause (i), an intending immigrant employee shall not count toward such percentage.

J.

The employer shall submit to the Secretary of Homeland Security an annual report that includes the Internal Revenue Service Form W–2 Wage and Tax Statement filed by the employer for each H–1B nonimmigrant employed by the employer during the previous year.