S.Amdt. 63

SA 63. Mr. SANDERS (for himself and Mr. Durbin) submitted an
amendment intended to be proposed by him to the bill S. 5, to require
the Secretary of Homeland Security to take into custody aliens who have
been charged in the United States with theft, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. 4. PROTECTING WORKERS.

(a) Median Local Wage Level for H-1B Nonimmigrants.--
Section 212 of the Immigration and Nationality Act (8 U.S.C.
1182) is amended--
(1) in subsection (n)--
(A) in paragraph (1)(A)(i)(II), by striking ``prevailing
wage level'' and inserting ``the higher of the median local
wage level or the actual wage of similarly employed
workers''; and
(B) in paragraph (2)(H)(iii), by striking ``prevailing
wage'' each place such term appears and inserting ``the
higher of the median local wage level or the actual wage of
similarly employed workers'';
(2) by striking subsection (p);
(3) by redesignating subsections (q), (r), and (s) as
subsections (p), (q), and (r), respectively; and
(4) by redesignating subsection (t), as added by section
1(b)(2)(B) of Public Law 108-449, as subsection (s).
(b) Increase of H-1B Fees and Use of Fees for National
Science Foundation Scholarships.--
(1) In general.--Section 214(c)(9)(B) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by
striking ``$1,500'' and inserting ``$3,000''.
(2) National science foundation scholarships in science,
technology, engineering, and mathematics program.--Fifty
percent of the funds available under section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), shall
be made available for the Scholarships in Science,
Technology, Engineering, and Mathematics program of the
National Science Foundation.
(c) Certification Requirement.--Section 214(c)(14) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(14)) is
amended--
(1) by redesignating subparagraph (D) as subparagraph (G);
and
(2) by inserting after subparagraph (C) the following:
``(D) Except as provided in subparagraph (F), a petition by
an employer seeking to hire an alien described in section
101(a)(15)(H)(i)(b) may not be approved until such employer
has provided written certification, under penalty of perjury,
to the Secretary of Labor that--
``(i) the employer or employer under common law has not
been required by law to provide a notice of a mass layoff
pursuant to the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2101 et seq.) during the 12-month period
immediately preceding the date on which the alien is to be
hired; and
``(ii) the employer or employer under common law does not
intend to provide a notice of a mass layoff pursuant to such
Act.
``(E) Except as provided in subparagraph (F), if an
employer or employer under common law is required by law to
provide a notice of a mass layoff pursuant to such Act after
hiring nonimmigrants granted status pursuant to section
101(a)(15)(H)(i)(b), the status of such nonimmigrants shall
expire on the date that is 120 days after the date on which
such notice is provided.
``(F) An employer shall be exempt from the requirements
under subparagraphs (D) and (E) if such employer provides
written certification, under penalty of perjury, that the
total number of the employees of the employer or the employer
under common law in the United States will not be reduced as
a result of a mass layoff.''.
(d) Eliminating Impediments to Worker Mobility.--
(1) Effect of ending employment relationship.--Section
214(n) of such Act (8 U.S.C. 1184(n)) is amended by adding at
the end the following:
``(3) A nonimmigrant admitted under section
101(a)(15)(H)(i)(b) whose employment relationship ends
(either voluntarily or involuntarily) before the expiration
of the nonimmigrant's period of authorized admission shall be
deemed to have retained such legal status throughout the 120-
day period beginning on such employment ending date if an
employer files a petition to extend, change, or adjust the
status of the nonimmigrant during such period.''.
(2) Visa revalidation.--Section 222(c) of the Immigration
and Nationality Act (8 U.S.C. 1202(c)) is amended by adding
at the end the following ``The Secretary of State shall
authorize an alien admitted under subparagraph (E), (H), (L),
(O), or (P) of section 101(a)(15) to renew his or her
nonimmigrant visa in the United States if the alien has
remained eligible for such status.''.
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