Sec. 4101. Market-based H–1B visa limits
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Section 214(g) ( 8 U.S.C. 1184(g) ) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking (beginning with fiscal year 1992) ; and by amending subparagraph
(A)to read as follows: under section 101(a)(15)(H)(i)(b) may not exceed the sum of— the base allocation calculated under paragraph (9)(A); and the allocation adjustment calculated under paragraph (9)(B); and ; by redesignating paragraph
(10)as subparagraph
(D)of paragraph (9); by redesignating paragraph
(9)as paragraph (10); and by inserting after paragraph
(8)the following: Except as provided in subparagraph (C), the base allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for each fiscal year shall be equal to— the sum of— the base allocation for the most recently completed fiscal year; and the allocation adjustment under subparagraph
(B)for the most recently completed fiscal year; if the number calculated under clause
(i)is less than 115,000, 115,000; or if the number calculated under clause
(i)is more than 180,000, 180,000. If the number of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) during the first 45 days petitions may be filed for a fiscal year is equal to the base allocation for such fiscal year, an additional 20,000 such visas shall be made available beginning on the 46th day on which petitions may be filed for such fiscal year. If the base allocation of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 15-day period ending on the 60th day on which petitions may be filed for such fiscal year, an additional 15,000 such visas shall be made available beginning on the 61st day on which petitions may be filed for such fiscal year. If the base allocation of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 30-day period ending on the 90th day on which petitions may be filed for such fiscal year, an additional 10,000 such visas shall be made available beginning on the 91st day on which petitions may be filed for such fiscal year. If the base allocation of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is reached during the 185-day period ending on the 275th day on which petitions may be filed for such fiscal year, an additional 5,000 such visas shall be made available beginning on the date on which such allocation is reached. If the number of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 5,000 fewer than the base allocation, but is not more than 9,999 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be −5,000. If the number of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 10,000 fewer than the base allocation, but not more than 14,999 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be −10,000. If the number of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 15,000 fewer than the base allocation, but not more than 19,999 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be −15,000. If the number of cap-subject nonimmigrant visa petitions accepted for filing under section 101(a)(15)(H)(i)(b) for a fiscal year is at least 20,000 fewer than the base allocation, the allocation adjustment for the following fiscal year shall be −20,000. An allocation adjustment under clause (i), (ii), (iii), or
(iv)of subparagraph (B)— may not increase the total number of nonimmigrant visas available for any fiscal year under section 101(a)(15)(H)(i)9b) above 180,000; and may not take place to make additional nonimmigrant visas available for any fiscal year in which the national occupational unemployment rate for ‘Management, Professional, and Related Occupations’, as published by the Bureau of Labor Statistics each month, averages 4.5 percent or greater over the 12-month period preceding the date of the Secretary’s determination of whether the cap should be increased or decreased. . Section 214(g)(5)(C) ( 8 U.S.C. 1184(g)(5)(C) ) is amended to read as follows: has earned a master's or higher degree, in a field of science, technology, engineering, or math included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, biological and biomedical sciences, and physical sciences, from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) until the number of aliens who are exempted from such numerical limitation during such year exceed 25,000. . The Secretary shall timely upload to a public website data that summarizes the adjudication of nonimmigrant petitions under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ) during each fiscal year. As soon as practicable and no later than March 2 of each fiscal year, the Secretary shall publish in the Federal Register the numerical limitation determined under section 214(g)(1)(A) for such fiscal year. The amendments made by subsection
(a)shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act and apply to applications for nonimmigrant visas under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ) for such fiscal year.
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