ILW.COM - Amendments to H-1B bill in Senate and Visa Waiver Bill in House

[Congressional Record: September 28, 2000 (Senate)] [Page S9525-S9531] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr28se00-166] AMENDMENTS SUBMITTED--SEPTEMBER 28, 2000 ______ AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY ACT OF 2000 ______ KYL AMENDMENT NO. 4274 (Ordered to lie on the table.) Mr. KYL submitted an amendment intended to be proposed by him to the bill (S. 2045) amending the Immigration and Nationality Act with respect to H-1B nonimmigrant aliens; as follows: At the end, add the following: SEC. . SCHOLARSHIP FOR SERVICE PROGRAM. Notwithstanding any other provision of law, of the amount made available under section 286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) for each fiscal year; two percent shall be available to the Director of the National Science Foundation to enable the Director to carry out the Scholarship for Service program. ______ HATCH (AND OTHERS) AMENDMENT NO. 4275 Mr. HATCH (for himself, Mr. Kennedy, and Mr. Abraham) proposed an amendment to the bill, S. 2045, supra; as follows: On page 1 of the amendment, line 10, strike ``(vi)'' and insert ``(vii)''. On page 2 of the amendment, strike lines 1 through 5 and insert the following: (2) by striking clause (iv) and inserting the following: ``(iv) 195,000 in fiscal year 2001; ``(v) 195,000 in fiscal year 2002; ``(vi) 195,000 in fiscal year 2003; and''. On page 2 of the amendment, line 6, strike ``Fiscal Year 1999.--'' and insert ``Fiscal Years 1999 and 2000.--''. On page 2 of the amendment, line 7, strike ``Notwithstanding'' and insert ``(A) Notwithstanding''. On page 2 of the amendment, between lines 17 and 18, insert the following: (B) In the case of any alien on behalf of whom a petition for status under section 101(a)(15)(H)(I)(b) is filed before September 1, 2000, and is subsequently approved, that alien shall be counted toward the numerical ceiling for fiscal year 2000 notwithstanding the date of the approval of the petition. Notwithstanding section 214(g)(1)(A)(iii) of the Immigration and Nationality Act, the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased by a number equal to the number of aliens who may be issued visas or otherwise provided nonimmigrant status who filed a petition during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(iii) is reached and ending on August 31, 2000. On page 3, line 11 strike ``(A''. On page 3, line 13 strike ``(i)'' and insert ``(A)''. On page 3, line 17 strike ``(ii)'' and insert ``(B)''. On page 3, line 18 strike ``; or'' and insert ``.'' On page 3, strike lines 19-24. On page 4, line 6 strike ``(A)''. On page 6 of the amendment, strike lines 16 through 18 and insert the following: (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs, [[Page S9527]] On page 7 of the amendment, strike lines 22 through 24 and insert the following: ``(C) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.''. On page 9 of the amendment, between lines 3 and 4, insert the following: (c) Increased Job Flexibility for Long Delayed Applicants for Adjustment of Status.-- (1) Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection: ``(j) Job Flexibility for Long Delayed Applicants for Adjustment of Status to Permanent Residence.--A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.''. (2) Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following new clause: ``(iv) Long delayed adjustment applicants.--A certification made under clause (i) with respect to an individual whose petition is covered by section 204(j) shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.''. (d) Recapture of Unused Employment-Based Immigrant Visas.-- (1) In general.--Notwithstanding any other provision of law, the number of employment-based visas (as defined in paragraph (3)) made available for a fiscal year (beginning with fiscal year 2001) shall be increased by the number described in paragraph (2). Visas made available under this subsection shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act. (2) Number available.-- (A) In general.--Subject to subparagraph (B), the number described in this paragraph is the difference between the number of employment-based visas that were made available in fiscal year 1999 and 2000 and the number of such visas that were actually used in such fiscal years. (B) Reduction.--The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas actually used under paragraph (1) for previous fiscal years. (C) Construction.--Nothing in this paragraph shall be construed as affecting the application of section 201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)). (3) Employment-based visas defined.--For purposes of this subsection, the term ``employment-based visa'' means an immigrant visa which is issued pursuant to the numerical limitation under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)). On page 9, on line 9, strike ``October 1, 2002'' and insert ``October 1, 2003''. On page 9, line 15, strike ``September 30, 2002'' and insert ``September 30, 2003.'' On page 12 of the amendment, line 3, strike ``used'' and insert ``use''. On page 12 of the amendment, line 21, strike ``this'' and insert ``the''. On page 15 of the amendment, beginning on line 18, strike ``All training'' and all that follows through ``demonstrated'' on line 20 and insert the following: ``The need for the training shall be justified''. On page 16 of the amendment, line 6, insert ``section 116(b) or'' before ``section 117''. On page 16 of the amendment, line 20, strike ``; and'' and insert the following: ``: Provided, That the activities of such local or regional public-private partnership described in this subsection shall be conducted in coordination with the activities of the relevant local workforce investment board or boards established under the Workforce Investment Act of 1998 (29 U.S.C. 2832)''. On page 18 of the amendment, line 10, strike ``that are in shortage''. On page 18 of the amendment, line 23 and 24, strike ``H-1B skill shortage.'' and insert ``single specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act.''. On page 19 of the amendment, strike lines 1 through 6. On page 20 of the amendment, line 23, strike ``and''. On page 21 of the amendment, line 2, strike the period and insert ``; and''. On page 21 of the amendment, between lines 2 and 3, insert the following: ``(iii) in the case of an application for a grant under subsection (c)(2)(A)(ii), explain what barriers prevent the strategy from being implemented through a grant made under subsection (c)(2)(A)(i).''. At the appropriate place, add the following: USE OF FEES FOR DUTIES RELATING TO PETITIONS. Section 286(s)(5) of the Immigration and Nationality Act (8 U.S.C. (s)(5)) is amended to read as follows:--4 percent of the amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Attorney General until expended to carry out duties under paragraphs (1) and (9) of section 214(c) related to petitions made for nonimmigrants describes in section 101(a)(15)(H)(i)(b), under paragraph (1)(c) or (D) of section 204 related to petitions for immigrants described in section 203(b). Notwithstanding any other provision of this Act, the figure on page 11, line 2 is deemed to be ``22 percent''; the figure on page 12, line 25 deemed to be ``4 percent''; and the figure on page 13 line 2 is deemed to be ``2 percent''. At the appropriate place, add the following: SEC. __. EXCLUSION OF CERTAIN ``J'' NONIMMIGRANTS FROM NUMERICAL LIMITATIONS APPLICABLE TO ``H-1B'' NONIMMIGRANTS. The numerical limitations contained in section 2 of this Act shall not apply to any nonimmigrant alien granted a waiver that is subject to the limitation contained in paragraph (1)(B) of the first section 214(l) of the Immigration and Nationality Act (relating to restrictions on waivers). At the appropriate place, insert the following: SEC. 9. STUDY AND REPORT ON THE ``DIGITAL DIVIDE''. (a) Study.--The Secretary of Commerce shall conduct a review of existing public and private high-tech workforce training programs in the United States. (b) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary of Commerce shall submit a report to Congress setting forth the findings of the study conducted under subsection (a). At the appropriate place, insert the following: TITLE II--IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS SEC. 201. SHORT TITLE. This title may be cited as the ``Immigration Services and Infrastructure Improvements Act of 2000''. SEC. 202. PURPOSES. (a) Purposes.--The purposes of this title are to-- (1) provide the Immigration and Naturalization Service with the mechanisms it needs to eliminate the current backlog in the processing of immigration benefit applications within 1 year after enactment of this Act and to maintain the elimination of the backlog in future years; and (2) provide for regular congressional oversight of the performance of the Immigration and Naturalization Service in eliminating the backlog and processing delays in immigration benefits adjudications. (b) Policy.--It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application, except that a petition for a nonimmigrant visa under section 214(c) of the Immigration and Nationality Act should be processed not later than 30 days after the filing of the petition. SEC. 203. DEFINITIONS. In this title: (1) Backlog.--The term ``backlog'' means, with respect to an immigration benefit application, the period of time in excess of 180 days that such application has been pending before the Immigration and Naturalization Service. (2) Immigration benefit application.--The term ``immigration benefit application'' means any application or petition to confer, certify, change, adjust, or extend any status granted under the Immigration and Nationality Act. SEC. 204. IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENT ACCOUNT. (a) Authority of the Attorney General.--The Attorney General shall take such measures as may be necessary to-- (1) reduce the backlog in the processing of immigration benefit applications, with the objective of the total elimination of the backlog not later than one year after the date of enactment of this Act; (2) make such other improvements in the processing of immigration benefit applications as may be necessary to ensure that a backlog does not develop after such date; and (3) make such improvements in infrastructure as may be necessary to effectively provide immigration services. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Department of Justice from time to time such sums as may be necessary for the Attorney General to carry out subsection (a). (2) Designation of account in treasury.--Amounts appropriated pursuant to paragraph (1) may be referred to as the ``Immigration Services and Infrastructure Improvements Account''. (3) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. (4) Limitation on expenditures.--None of the funds appropriated pursuant to paragraph (1) may be expended until the report described in section 205(a) has been submitted to Congress. SEC. 205. REPORTS TO CONGRESS. (a) Backlog Elimination Plan.-- (1) Report required.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning-- (A) the backlogs in immigration benefit applications in existence as of the date of enactment of this title; and (B) the Attorney General's plan for eliminating such backlogs. [[Page S9528]] (2) Report elements.--The report shall include-- (A) an assessment of the data systems used in adjudicating and reporting on the status of immigration benefit applications, including-- (i) a description of the adequacy of existing computer hardware, computer software, and other mechanisms to comply with the adjudications and reporting requirements of this title; and (ii) a plan for implementing improvements to existing data systems to accomplish the purpose of this title, as described in section 202(b); (B) a description of the quality controls to be put into force to ensure timely, fair, accurate, and complete processing and adjudication of such applications; (C) the elements specified in subsection (b)(2); (D) an estimate of the amount of appropriated funds that would be necessary in order to eliminate the backlogs in each category of immigration benefit applications described in subsection (b)(2); and (E) a detailed plan on how the Attorney General will use any funds in the Immigration Services and Infrastructure Improvements Account to comply with the purposes of this title. (b) Annual Reports.-- (1) In general.--Beginning 90 days after the end of the first fiscal year for which any appropriation authorized by section 204(b) is made, and 90 days after the end of each fiscal year thereafter, the Attorney General shall submit a report to the Committees on the Judiciary and Appropriations of the Senate and the House of Representatives concerning the status of-- (A) the Immigration Services and Infrastructure Improvements Account including any unobligated balances of appropriations in the Account; and (B) the Attorney General's efforts to eliminate backlogs in any immigration benefit application described in paragraph (2). (2) Report elements.--The report shall include-- (A) State-by-State data on-- (i) the number of naturalization cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for naturalization applications; (iii) the number of naturalization applications pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) estimated processing times adjudicating newly submitted naturalization applications; (v) an analysis of the appropriate processing times for naturalization applications; and (vi) the additional resources and process changes needed to eliminate the backlog for naturalization adjudications; (B) the status of applications or, where applicable, petitions described in subparagraph (C), by Immigration and Naturalization Service district, including-- (i) the number of cases adjudicated in each quarter of each fiscal year; (ii) the average processing time for such applications or petitions; (iii) the number of applications or petitions pending for up to 6 months, 12 months, 18 months, 24 months, 36 months, and 48 months or more; (iv) the estimated processing times adjudicating newly submitted applications or petitions; (v) an analysis of the appropriate processing times for applications or petitions; and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications; and (C) a status report on-- (i) applications for adjustments of status to that of an alien lawfully admitted for permanent residence; (ii) petitions for nonimmigrant visas under section 214 of the Immigration and Nationality Act; (iii) petitions filed under section 204 of such Act to classify aliens as immediate relatives or preference immigrants under section 203 of such Act; (iv) applications for asylum under section 208 of such Act; (v) registrations for Temporary Protected Status under section 244 of such Act; and (vi) a description of the additional resources and process changes needed to eliminate the backlog for such processing and adjudications. (3) Absence of appropriated funds.--In the event that no funds are appropriated subject to section 204(b) in the fiscal year in which this Act is enacted, the Attorney General shall submit a report to Congress not later than 90 days after the end of such fiscal year, and each fiscal year thereafter, containing the elements described in paragraph (2). ______ VISA WAIVER PERMANENT PROGRAM ACT ______ ABRAHAM (AND KENNEDY) AMENDMENT NO. 4276 Mr. DOMENICI (for Mr. Abraham and Mr. Kennedy) proposed an amendment to the bill (H.R. 3767) to amend the Immigration and Nationality Act to make improvements to, and permanently authorize, the visa waiver pilot program under section 217 of such Act, as follows: On page 5, line 12, strike ``2006'' and insert ``2007''. On page 7, beginning on line 11, strike ``Visa'' and all that follows through ``System'' on line 13 and insert the following: ``Visa Application Sole Method to Dispute Denial of Waiver Based on a Ground of Inadmissibility''. On page 7, beginning on line 13, strike ``denial'' and all that follows through ``use'' on line 16 and insert the following: ``denied a waiver under the program by reason of a ground of inadmissibility described in section 212(a) that is discovered at the time of the alien's application for the waiver or through the use''. Beginning on page 7, strike line 23 and all that follows through line 15 on page 8. On page 9, line 6, strike ``United States);'' and insert ``United States and the existence and effectiveness of its agreements and procedures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate United States law);''. On page 9, beginning on line 11, strike ``of'' and all that follows through ``and'' on line 12 and insert the following: ``and the Committee on International Relations of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations''. On page 10, line 7, strike ``United States'' and insert ``United States and the existence and effectiveness of its agreements and procedures for extraditing to the United States individuals, including its own nationals, who commit crimes that violate United States law);''. On page 10, line 8, insert ``, based upon the evaluation in subclause (I),''. On page 10, line 14, strike ``of'' and all that follows through ``and'' on line 15 and insert the following: ``and the Committee on International Relations of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations''. Beginning on page 10, line 25, strike ``but may'' and all that follows through ``Register'' on line 3 of page 11 and insert ``in consultation with the Secretary of State''. Beginning on page 11, strike line 13 and all that follows through line 9 on page 12. On page 12, line 10, strike ``(C)'' and insert ``(B)''. On page 13, line 3, insert ``on the territory of the program country'' after ``ity)''. On page 13, strike lines 4 through 6 and insert the following: ``(III) a severe breakdown in law and order affecting a significant portion of the program country's territory; ``(IV) a severe economic collapse in the program country; or''. On page 13, line 8, insert ``in the program country'' after ``event''. On page 13, line 12, before the period at the end of the line insert ``and where the country's participation in the program could contribute to that threat''. On page 13, line 17, insert ``, in consultation with the Secretary of State,'' after ``Attorney General''. On page 14, line 18, strike ``a designation''. On page 15, line 11, insert ``and departs'' after ``arrives''. Beginning on page 16, line 25, strike ``Not later'' and all that follows through ``Senate'' on line 6 of page 17 and insert the following: ``As part of the annual report required to be submitted under section 110(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the Attorney General shall include a section''. On page 17, line 8, before the period at the end of the line insert the following: ``, together with an analysis of that information''. On page 17, line 10, strike ``October 1'' and insert ``December 31''. On page 18, between lines 2 and 3, insert the following: The report required by this clause may be combined with the annual report required to be submitted on that date under section 110(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. On page 19, line 21, insert ``or Service identification number'' after ``name''. Beginning on page 20, strike line 22 and all that follows through line 4 on page 21 and insert the following: ``(6) Computation of visa refusal rates.--For purposes of determining the eligibility of a country to be designated as a program country, the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on, or are otherwise based on, race, sex, or disability, unless otherwise specifically authorized by law or regulation.''. On page 21, after line 4, add the following: SEC. 207. VISA WAIVER INFORMATION. Section 217(c) of the Immigration and Nationality Act (8U.S.C. 1187(c)), as amended by sections 204(b) and 206 of this Act, is further amended by adding at the end the following: ``(7) Visa waiver information.-- ``(A) In general.--In refusing the application of nationals of a program country for United States visas, or the applications of nationals of a country seeking entry into the visa waiver program, a consular officer shall not knowingly or intentionally classify the refusal of the visa under a category that is not included in the calculation of the visa refusal rate only so that the percentage of that [[Page S9529]] country's visa refusals is less than the percentage limitation applicable to qualification for participation in the visa waiver program. ``(B) Reporting requirement.--On May 1 of each year, for each country under consideration for inclusion in the visa waiver program, the Secretary of State shall provide to the appropriate congressional committees-- ``(i) the total number of nationals of that country that applied for United States visas in that country during the previous calendar year; ``(ii) the total number of such nationals who received United States visas during the previous calendar year; ``(iii) the total number of such nationals who were refused United States visas during the previous calendar year; ``(iv) the total number of such nationals who were refused United States visas during the previous calendar year under each provision of this Act under which the visas were refused; and ``(v) the number of such nationals that were refused under section 214(b) as a percentage of the visas that were issued to such nationals. ``(C) Certification.--Not later than May 1 of each year, the United States chief of mission, acting or permanent, to each country under consideration for inclusion in the visa waiver program shall certify to the appropriate congressional committees that the information described in subparagraph (B) is accurate and provide a copy of that certification to those committees. ``(D) Consideration of countries in the visa waiver program.--Upon notification to the Attorney General that a country is under consideration for inclusion in the visa waiver program, the Secretary of State shall provide all of the information described in subparagraph (B) to the Attorney General. ``(E) Definition.--In this paragraph, the term `appropriate congressional committees' means the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on International Relations of the House of Representatives.''. TITLE III--IMMIGRATION STATUS OF ALIEN EMPLOYEES OF INTELSAT AFTER PRIVATIZATION SEC. 301. MAINTENANCE OF NONIMMIGRANT AND SPECIAL IMMIGRANT STATUS NOTWITHSTANDING INTELSAT PRIVATIZATION. (a) Officers and Employees.-- (1) After privatization.--In the case of an alien who, during the 6-month period ending on the day before the date of privatization, was continuously an officer or employee of INTELSAT, and pursuant to such position continuously maintained, during such period, the status of a lawful nonimmigrant described in section 101(a)(15)(G)(iv) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(iv)), the alien shall be considered as maintaining such nonimmigrant status on and after the date of privatization, but only during the period in which the alien is an officer or employee of INTELSAT or any successor or separated entity of INTELSAT. (2) Precursory employment with successor before privatization completion.--In the case of an alien who commences service as an officer or employee of a successor or separated entity of INTELSAT before the date of privatization, but after the date of the enactment of the ORBIT Act (Public Law 106-180; 114 Stat. 48) and in anticipation of privatization, if the alien, during the 6- month period ending on the day before such commencement date, was continuously an officer or employee of INTELSAT, and pursuant to such position continuously maintained, during such period, the status of a lawful nonimmigrant described in section 101(a)(15)(G)(iv) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(iv)), the alien shall be considered as maintaining such nonimmigrant status on and after such commencement date, but only during the period in which the alien is an officer or employee of any successor or separated entity of INTELSAT. (b) Immediate Family Members.-- (1) Aliens maintaining status.-- (A) After privatization.--An alien who, on the day before the date of privatization, was a member of the immediate family of an alien described in subsection (a)(1), and had the status of a lawful nonimmigrant described in section 101(a)(15)(G)(iv) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(iv)) on such day, shall be considered as maintaining such nonimmigrant status on and after the date of privatization, but, only during the period in which the alien described in subsection (a)(1) is an officer or employee of INTELSAT or any successor or separated entity of INTELSAT. (B) After precursory employment.--An alien who, on the day before a commencement date described in subsection (a)(2), was a member of the immediate family of the commencing alien, and had the status of a lawful nonimmigrant described in section 101(a)(15)(G)(iv) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(iv)) on such day, shall be considered as maintaining such nonimmigrant status on and after such commencement date, but only during the period in which the commencing alien is an officer or employee of any successor or separated entity of INTELSAT. (2) Aliens changing status.--In the case of an alien who is a member of the immediate family of an alien described in paragraph (1) or (2) of subsection (a), the alien may be granted and may maintain status as a nonimmigrant described in section 101(a)(15)(G)(iv) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(G)(iv)) on the same terms as an alien described in subparagraph (A) or (B), respectively, of paragraph (1). (c) Special Immigrants.--For purposes of section 101(a)(27)(I) (8 U.S.C. 1101(a)(27)(I)) of the Immigration and Nationality Act, the term ``international organization'' includes INTELSAT or any successor or separated entity of INTELSAT. SEC. 302. TREATMENT OF EMPLOYMENT FOR PURPOSES OF OBTAINING IMMIGRANT STATUS AS A MULTINATIONAL EXECUTIVE OR MANAGER. (a) In General.--Notwithstanding section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e)), in the case of an alien described in subsection (b)-- (1) any services performed by the alien in the United States as an officer or employee of INTELSAT or any successor or separated entity of INTELSAT, and in a capacity that is managerial or executive, shall be considered employment outside the United States by an employer described in section 203(b)(1)(C) of such Act (8 U.S.C. 1153(b)(1)(C)), if the alien has the status of a lawful nonimmigrant described in section 101(a)(15)(G)(iv) of such Act (8 U.S.C. 1101(a)(15)(G)(iv)) during such period of service; and (2) the alien shall be considered as seeking to enter the United States in order to continue to render services to the same employer. (b) Aliens Described.--An alien described in this subsection is an alien-- (1) whose nonimmigrant status is maintained pursuant to section 301(a); and (2) who seeks adjustment of status after the date of privatization to that of an alien lawfully admitted for permanent residence under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) based on section 203(b)(1)(C) of such Act (8 U.S.C. 1153(b)(1)(C)) during the period in which the alien is-- (A) an officer or employee of INTELSAT or any successor or separated entity of INTELSAT; and (B) rendering services as such an officer or employee in a capacity that is managerial or executive. SEC. 303. DEFINITIONS. For purposes of this title-- (1) the terms ``INTELSAT'', ``separated entity'', and ``successor entity'' shall have the meaning given such terms in the ORBIT Act (Public Law 106-180; 114 Stat. 48); (2) the term ``date of privatization'' means the date on which all or substantially all of the then existing assets of INTELSAT are legally transferred to one or more stock corporations or other similar commercial entities; and (3) all other terms shall have the meaning given such terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). TITLE IV--MISCELLANEOUS Section 214 of the Immigration and Nationality Act is amended by adding the following new section. (10) An amended H-1B petition shall not be required where the petitioning employer is involved in a corporate restructuring, including but not limited to a merger, acquisition, or consolidation, where a new corporate entity succeeds to the interests and obligations of the original petitioning employer and where the terms and conditions of employment remain the same but for the identity of the petitioner. On page 6, line 8, of the amendment, before the quotation marks, insert the following: ``No court shall have jurisdiction under this paragraph to review any visa refusal, the denial of admission to the United States of any alien by the Attorney General, the Secretary's computation of the visa refusal rate, or the designation or non-designation of any country.''. At the appropriate place in the bill, insert the following: SEC. ____. THE IMMIGRANT INVESTOR PILOT PROGRAM. (a) Extension of Program.--Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking ``seven years'' and inserting ``ten years''. (b) Determinations of Job Creation.--Section 610(c) of such Act is amended by inserting ``, improved regional productivity, job creation, or increased domestic capital investment'' after ``increased exports''. At the end of the bill, add the following: SEC. ____. PARTICIPATION OF BUSINESS AIRCRAFT IN THE VISA WAIVER PROGRAM. (a) Entry of Business Aircraft.--Section 217(a)(5) of the Immigration and Nationality Act (as designated by this Act) is amended by striking all after ``carrier'' and inserting the following: ``, including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations which has entered into an agreement with the Attorney General pursuant to subsection (e). The Attorney General is authorized to require a carrier conducting operations under part 135 of title [[Page S9530]] 14, Code of Federal Regulations, or a domestic corporation conducting operations under part 91 of that title, to give suitable and proper bond, in such reasonable amount and containing such conditions as the Attorney General may deem sufficient to ensure compliance with the indemnification requirements of this section, as a term of such an agreement.''. (b) Round-Trip Ticket.--Section 217(a)(8) of the Immigration and Nationality Act (as designated by this Act) is amended by inserting ``or the alien is arriving at the port of entry on an aircraft operated under part 135 of title 14, Code of Federal Regulations, or a noncommercial aircraft that is owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations'' after ``regulations''. (c) Automated System Check.--Section 217(a) (8 U.S.C. 1187(a)) of the Immigration and Nationality Act is amended by adding at the end the following: ``Operators of aircraft under part 135 of title 14, Code of Federal Regulations, or operators of noncommercial aircraft that are owned or operated by a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, carrying any alien passenger who will apply for admission under this section shall furnish such information as the Attorney General by regulation shall prescribe as necessary for the identification of any alien passenger being transported and for the enforcement of the immigration laws. Such information shall be electronically transmitted not less than one hour prior to arrival at the port of entry for purposes of checking for inadmissibility using the automated electronic database.''. (d) Carrier Agreement Requirements To Include Business Aircraft.-- (1) In general.--Section 217(e) (8 U.S.C. 1187(e)) of the Immigration and Nationality Act is amended-- (A) by striking ``carrier'' each place it appears and inserting ``carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducting operations under part 91 of that title''; and (B) in paragraph (2), by striking ``carrier's failure'' and inserting ``failure by a carrier (including any carrier conducting operations under part 135 of title 14, Code of Federal Regulations) or a domestic corporation conducing operations under part 91 of that title''. (2) Business aircraft requirements.--Secion 217(e) (8 U.S.C. 1187(e)) of the Immigration and Nationality Act is amended by adding at the end the following new paragraph: ``(3) Business aircraft requirements.-- ``(A) In general.--For purposes of this section, a domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations that owns or operates a non- commercial aircraft is a corporation that is organized under the laws of any of the States of the United States or the District of Columbia and is accredited by or a member of a national organization that sets business activity standards. The Attorney General shall prescribe by regulation the provision of such information as the Attorney General deems necessary to identify the domestic corporation, its officers, employees, shareholders, its place of business, and its business activities. ``(B) Collections.--In addition to any other fee authorized by law, the Attorney General is authorized to charge and collect, on a periodic basis, an amount from each domestic corporation conducting operations under part 91 of title 14, Code of Federal Regulations, for nonimmigrant visa waiver admissions on non-commercial aircraft owned or operated by such domestic corporation equal to the total amount of fees assessed for issuance of nonimmigration visa waiver arrival/ departure forms at land border ports of entry. All fees collected under this paragraph shall be deposited into the Immigration User Fee Account established under section 286(h).''. (e) Report Required.--Not later than two years after the date of enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate assessing the effectiveness of the program implemented under the amendments made by this section for simplifying the admission of business travelers from visa waiver program countries and compliance with the Immigration and Nationality Act by such travelers under that program. SEC. 401. MORE EFFICIENT COLLECTION OF INFORMATION FEE. Section 641(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) is amended-- (1) in paragraph (1)-- (A) by striking ``an approved institution of higher education and a designated exchange visitor program'' and inserting ``the Attorney General''; (B) by striking ``the time--'' and inserting the following: ``a time prior to the alien being classified under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act.''; and (C) by striking subparagraphs (A) and (B); (2) by amending paragraph (2) to read as follows: ``(2) Remittance.--The fees collected under paragraph (1) shall be remitted by the alien pursuant to a schedule established by the Attorney General for immediate deposit and availability as described under section 286(m) of the Immigration and Nationality Act.''; (3) in paragraph (3)-- (A) by striking ``has'' the first place it appears and inserting ``seeks''; and (B) by striking ``has'' the second place it appears and inserting ``seeks to''; (4) in paragraph (4)-- (A) by inserting before the period at the end of the second sentence of subparagraph (A) the following: ``, except that, in the case of an alien admitted under section 101(a)(15)(J) of the Immigration and Nationality Act as an au pair, camp counselor, or participant in a summer work travel program, the fee shall not exceed $40''; and (B) by adding at the end of subparagraph (B) the following new sentence: ``Such expenses include, but are not necessarily limited to, those incurred by the Secretary of State in connection with the program under subsection (a).''; and (5) by adding at the end the following new paragraphs: ``(5) Proof of payment.--The alien shall present proof of payment of the fee before the granting of-- ``(A) a visa under section 222 of the Immigration and Nationality Act or, in the case of an alien who is exempt from the visa requirement described in section 212(d)(4) of the Immigration and Nationality Act, admission to the United States; or ``(B) change of nonimmigrant classification under section 248 of the Immigration and Nationality Act to a classification described in paragraph (3). ``(6) Implementation.--The provisions of section 553 of title 5, United States Code (relating to rule-making) shall not apply to the extent the Attorney General determines necessary to ensure the expeditious, initial implementation of this section.''. SEC. 402. NEW TIME-FRAME FOR IMPLEMENTATION OF DATA COLLECTION PROGRAM. Section 641(g)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) is amended to read as follows: ``(1) Expansion of program.--Not later than 12 months after the submission of the report required by subsection (f), the Attorney General, in consultation with the Secretary of State and the Secretary of Education, shall commence expansion of the program to cover the nationals of all countries.''. SEC. 403. TECHNICAL AMENDMENTS. Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) is amended-- (1) in subsection (h)(2)(A), by striking ``Director of the United States Information Agency'' and inserting ``Secretary of State''; and (2) in subsection (d)(1), by inserting ``institutions of higher education or exchange visitor programs'' after ``by''. ______

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