Sec. 8001. Recapture Of Unused Visa Numbers.
SEC. 8001. RECAPTURE OF UNUSED VISA NUMBERS.
(a) Recapture of Unused Employment-Based Immigrant Visas- Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended--
(1) in paragraph (2)(C)--
(A) by striking `is the difference' and inserting `is the sum of--
`(i) the difference'; and
(B) by striking the period at the end and inserting the following: `; and
`(ii) the lesser of--
`(I) the number of immigrant visas that were available in any previous fiscal year to employment-based immigrants (and their family members accompanying or following to join under section 203(d)) and that were not issued for that fiscal year or for any subsequent fiscal year, excluding those immigrant visas reserved for employment-based immigrants for an occupation listed in schedule A of section 656.5 of title 20, Code of Federal Regulations; and
`(II) 90,000.'; and
(2) by adding at the end the following:
`(3) Immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).'.
(b) Supplemental Petition Fee- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (E), by adding at the end the following: `Such petition shall be accompanied by a supplemental petition fee in the amount of $500.'; and
(2) in subparagraph (F), by adding at the end the following: `Such petition shall be accompanied by a supplemental petition fee in the amount of $500.'.
(c) Adjustment of Status-
(1) IN GENERAL- Section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)) is amended to read as follows:
`(a)(1) The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) may be adjusted by the Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or Attorney General, and under such regulations as the Secretary or Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and
`(C) an immigrant visa is immediately available to the alien at the time the application is filed.
`(2) If a supplemental petition fee is paid for any petition under subparagraph (E) or (F) of section 204(a)(1), an application under paragraph (1) of this subsection on behalf of an alien beneficiary of such petition (including a spouse or child who is accompanying or following to join the principal beneficiary) may be filed without regard to the limitation set forth in paragraph (1)(C). An application for adjustment of status filed under this paragraph may not be approved until such time as an immigrant visa becomes available.'.
(2) PENDING APPLICATIONS- An alien on whose behalf a petition was pending under subparagraph (E) or (F) of section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), on the date of enactment of this Act may, upon the payment of the supplemental petition fee set forth in such section, apply for adjustment of status under this subsection without regard to the limitation set forth in section 245(a)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1255(a)(1)(C)), as amended by paragraph (1).
(d) Recapture of Unused H-1B Visa Numbers- Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following:
`(9)(A) If the numerical limitation in paragraph (1)(A) for fiscal year 2006 or a subsequent fiscal year has been reached, such numerical limitation shall be supplemented in a number equal to the lesser of--
`(i) the cumulative total number of visas that were available in all prior fiscal years subsequent to fiscal year 1991, and not issued for each such fiscal year or any subsequent fiscal year; and
`(ii) 30,000.
`(B) Any petition filed after the numerical limitation set forth in paragraph (1)(A) has been reached for that fiscal year, and seeking an H-1B visa number recaptured under subparagraph (A) of this paragraph, shall be accompanied by an H-1B recapture fee in the amount of $500.'.
(e) Conforming Amendment- Section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) is amended by inserting `, including those fees provided for in subparagraphs (E) and (F) of section 204(a)(1) and subsections (c)(15) and (g)(9)(B) of section 214,' after `all adjudication fees'.
(f) Expenditure Limitation- Amounts collected under subparagraphs (E) and (F) of section 204(a)(1) and subsections (c)(15) and (g)(9)(B) of section 214 of the Immigration and Nationality Act, as amended by this Act, may not be expended unless specifically appropriated by an Act of Congress.
SEC. 8002. FEES WITH RESPECT TO IMMIGRATION SERVICES FOR INTRACOMPANY TRANSFEREES.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:
`(15)(A) The Secretary of State shall impose a fee on an employer when an alien files an application abroad for a visa authorizing initial admission to the United States as a nonimmigrant described in section 101(a)(15)(L) in order to be employed by the employer, if the alien is covered under a blanket petition described in paragraph (2)(A).
`(B) The Secretary of Homeland Security shall impose a fee on an employer filing a petition under paragraph (1) initially to grant an alien nonimmigrant status described in section 101(a)(15)(L) or to extend for the first time the stay of an alien having such status.
`(C) The amount of the fee imposed under subparagraph (A) or (B) shall be $750.
`(D) The fees imposed under subparagraphs (A) and (B) shall only apply to principal aliens and not to spouses or children who are accompanying or following to join such principal aliens.
`(E)(i) An employer may not require an alien who is the beneficiary of the visa or petition for which a fee is imposed under this paragraph to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee.
`(ii) Section 274A(g)(2) shall apply to a violation of clause (i) in the same manner as it applies to a violation of section 274A(g)(1).'.
Calendar No. 274
109th CONGRESS
1st Session
S. 1932
A BILL
To provide for reconciliation pursuant to section 202(a) of the concurrent resolution on the budget for fiscal year 2006 (H. Con. Res. 95).
