S.Amdt. 2428

1. Adds SEC. __. EMPLOYMENT-BASED VISAS wherever appropriate

   Adds a section

   Inserted: SEC. __. EMPLOYMENT-BASED VISAS.

   Inserted: (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

   Inserted: (1) in paragraph (1)--

   Inserted: (A) by inserting "1994, 1996, 1997, 1998," after "available in fiscal year";

   Inserted: (B) by striking "or 2004" and inserting "2004, or 2006"; and

   Inserted: (C) by striking "be available" and all that follows and inserting the following: "be available only to--

   Inserted: "(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

   Inserted: "(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

   Inserted: "(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor."; and

   Inserted: (2) in paragraph (2)--

   Inserted: (A) in subparagraph (A), by striking "1999 through 2004" and inserting "1994, 1996 through 1998, 2001 through 2004, and 2006"; and

   Inserted: (B) in subparagraph (B), by amending clause (ii) to read as follows:

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   Inserted: "(ii) Distribution of visas.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

   Inserted: "(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

   Inserted: "(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).".

   Inserted: (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

   Inserted: (1) in clause (vi), by striking "and" at the end;

   Inserted: (2) by redesignating clause (vii) as clause (ix); and

   Inserted: (3) by inserting after clause (vi) the following:

   Inserted: "(vii) 65,000 in each of fiscal years 2004 through 2007;

   Inserted: "(viii) 115,000 in fiscal year 2008; and".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed