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H.R. 6238 (109th): H1B SAFE Act


The text of the bill below is as of Sep 28, 2006 (Introduced). The bill was not enacted into law.


I

109th CONGRESS

2d Session

H. R. 6238

IN THE HOUSE OF REPRESENTATIVES

September 28, 2006

introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To improve the H–1B nonimmigrant program by increasing the exchange of information between the Departments of Labor and Homeland Security.

1.

Short title

This Act may be cited as the—

(1)

H1B Strengthening Anti-Fraud Effectiveness Act; or

(2)

H1B SAFE Act.

2.

Increased departmental information exchange with respect to H–1B nonimmigrant program

(a)

Use of information submitted to Secretary of Homeland Security to initiate compliance investigation

Section 212(n)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(G)) is amended—

(1)

by striking clause (v); and

(2)

by redesignating clauses (vi), (vii), and (viii) as clauses (v), (vi), and (vii), respectively.

(b)

Authorizing Secretary of Homeland Security to report credible information about noncompliance

Section 212(n)(2)(G)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(G)(iii)) is amended by adding at the end the following:

In any case in which Secretary of Homeland Security has specific credible information satisfying the requirements of the first sentence of clause (i), or subparagraph (A), the Secretary of Homeland Security may provide such information to the Secretary of Labor. Such information may be used, in whole or in part, as the basis for the commencement of an investigation under clause (i) or subparagraph (A).

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(c)

Inclusion of Department of Labor application number on petition of importing employer

Section 214(c)(12) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(12)) is amended by adding at the end the following:

(F)

For the purpose of preventing and detecting fraud, the Secretary of Homeland Security shall require an employer who has filed with the Secretary of Labor an application under section 212(n)(1), as a prerequisite to filing a petition under paragraph (1), to include the application number received from the Secretary of Labor on such petition.

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