§ 4701 : BUREAU OF IMMIGRATION AND LABOR MARKET RESEARCH |
DEFINITIONS.—In this section:
BUREAU.—Except as otherwise specifically provided, the term Bureau means the Bureau of Immigration and Labor Market Research established under subsection (b).
COMMISSIONER.—The term Commissioner means the Commissioner of the Bureau.
CONSTRUCTION OCCUPATION.—The term construction occupation means an occupation classified by the Bureau of Labor Statistics as being within the construction industry for the purposes of publishing the Bureau’s workforce statistics.
METROPOLITAN STATISTICAL AREA.—The term metropolitan statistical area means a geographic area designated as a metropolitan statistical area by the Director of the Office of Management and Budget.
SHORTAGE OCCUPATION.—The term shortage occupation means an occupation that the Commissioner determines is experiencing a shortage of labor—
W VISA PROGRAM.—The term W Visa Program means the program for the admission of nonimmigrant aliens described in subparagraph (W)(i) of section 101(a)(15)of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), as added by section 4702.
ZONE 1 OCCUPATION.—The term zone 1 occupation means an occupation that requires little or no preparation and is classified as a zone 1 occupation on—
ZONE 2 OCCUPATION.—The term zone 2 occupation means an occupation that requires some preparation and is classified as a zone 2 occupation on—
ZONE 3 OCCUPATION.—The term zone 3 occupation means an occupation that requires medium preparation and is classified as a zone 3 occupation on—
ESTABLISHMENT.—There is established a Bureau of Immigration and Labor Market Research as an independent statistical agency within U.S. Citizenship and Immigration Services.
COMMISSIONER.—The head of the Bureau of Immigration and Labor Market Research is the Commissioner, who shall be appointed by the President, by and with the advice and consent of the Senate.
DUTIES.—The duties of the Commissioner are limited to the following:
To devise a methodology subject to publication in the Federal Register and an opportunity for public comment regarding the calculation for the index referred to in section 220(g)(2)(C) of the Immigration and Nationality Act , as added by section 4703.
To determine and to publish in the Federal Register the annual change to the numerical limitation for nonimmigrant aliens described in subparagraph (W)(i) of section 101(a)(15)of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), as added by section 4702.
With respect to the W Visa Program, to supplement the recruitment methods employers may use to attract United States workers and current nonimmigrant aliens described in paragraph (2).
With respect to the W Visa Program, to devise a methodology subject to publication in the Federal Register and an opportunity for public comment to designate shortage occupations in zone 1 occupations, zone 2 occupations, and zone 3 occupations. Such methodology must designated Alaskan seafood processing in zones 1, 2, and 3 as shortage occupations.
With respect to the W Visa Program, to designate shortage occupations in any zone 1 occupation, zone 2 occupation, or zone 3 occupation and publish such occupations in the Federal Register. Alaskan seafood processing in zones 1, 2, and 3 must be designated as shortage occupations.
With respect to the W Visa Program, to conduct a survey once every 3 months of the unemployment rate of zone 1 occupations, zone 2 occupations, or zone 3 occupations that are construction occupations in each metropolitan statistical area.
To study and report to Congress on employment-based immigrant and nonimmigrant visa programs in the United States and to make annual recommendations to improve such programs.
To carry out any functions required to perform the duties described in paragraphs (1) through (7).
DETERMINATION OF CHANGES TO NUMERICAL LIMITATIONS.—The methodology required under subsection (d)(1) shall be published in the Federal Register not later than 18 months after the date of the enactment of this Act.
DESIGNATION OF SHORTAGE OCCUPATIONS.—
METHODS TO DETERMINE.—The Commissioner shall—
PETITION BY EMPLOYER.—The methodology established under paragraph (1) shall permit an employer to petition the Commissioner for a determination that a particular occupation in a particular metropolitan statistical area is a shortage occupation.
REQUIREMENT FOR NOTICE AND COMMENT.—The methodology established under paragraph (1) shall be effective only after publication in the Federal Register and an opportunity for public comment.
EMPLOYEE EXPERTISE.—The employees of the Bureau shall have the expertise necessary to identify labor shortages in the United States and make recommendations to the Commissioner on the impact of immigrant and nonimmigrant aliens on labor markets in the United States, including expertise in economics, labor markets, demographics and methods of recruitment of United States workers.
INTERAGENCY COOPERATION.—At the request of the Commissioner, the Secretary of Commerce, the Director of the Bureau of the Census, the Secretary of Labor, and the Commissioner of the Bureau of Labor Statistics shall—
BUDGET.—
REPORT.—Not later than 1 year after the date of the enactment of this Act, the Director of U.S. Citizenship and Immigration Services shall submit to Congress a report of the estimated budget that the Bureau will need to carry out the duties described in subsection (d).
AUDIT.—The Comptroller General of the United States shall submit to Congress a report that is an audit of the budget prepared by the Director under paragraph (1).
FUNDING.—
APPROPRIATION OF FUNDS.—There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, $20,000,000 to establish the Bureau.
USE OF W NONIMMIGRANT FEES.—The amounts collected for fees under section 220(e)(6)(B)of the Immigration and Nationality Act, as added by section 4703, shall be used to establish and fund the Bureau.
OTHER FEES.—The Secretary may establish other fees for the sole purpose of funding the W Visa Program, including the Bureau, that are related to the hiring of alien workers.