Section 1 Short title
This Act may be cited as the “Visa Cap Enforcement Act”.
Visa Cap Enforcement Act
A BILL
To discontinue certain exceptions from H–1B nonimmigrant visa numerical limitation.
Sec. 2 Termination of certain exceptions from H–1B nonimmigrant visa numerical limitation
Three-Year period— Section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) is amended by adding at the end the following: “An alien who has been counted against the numerical limitation under paragraph (1)(A) shall be recounted against such numerical limitation during the fiscal year in which such alien surpasses 3 years in the nonimmigrant status described in section 101(a)(15)(H)(i)(b).”.
Employment by colleges and research institutions— Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by striking paragraph (5).
Change of status to H–1B nonimmigrant— Section 214(l)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is amended by striking the second sentence.
Change of employer— Section 214(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(n)(1)) is amended by inserting “If the new position is approved, such position shall be counted against the numerical limitation under subsection (g)(1)(A).” after “the new petition is adjudicated.”.