§ 4304 : LIMITATION ON EMPLOYMENT OF L NONIMMIGRANTS

Section 214(c)(2)(8 U.S.C. 1184(c)(2)), as amended by sections 4302 and 4303, is further amended by adding at the end the following:

I.

 i. If the 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 L nonimmigrants 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 employer does not include 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 that is—

aa.

an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or

bb.

a research organization.

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 the alien’s 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.