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Code · BILL · 113th Congress · H.R. 3163 (Introduced in House) — To provide for comprehensive immigration reform, and for other purposes. · Sec. 532

Sec. 532. New application requirements

201 words·~1 min read·/bill/113/hr/3163/ih/section-532·

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Section 212(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1) ) is amended by inserting after clause
(ii)of subparagraph
(G)the following: The employer has not advertised any available position specified in the application in an advertisement that states or indicates that— such position is only available to an individual who is or will be an H–1B nonimmigrant; or an individual who is or will be an H–1B nonimmigrant shall receive priority or a preference in the hiring process for such position. The employer has not solely recruited individuals who are or who will be H–1B nonimmigrants to fill such position. If the employer employs 50 or more employees in the United States, the sum of the number of such employees who are H–1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) may not exceed 50 percent of the total number of employees. If the employer, in such previous period as the Secretary shall specify, employed 1 or more H–1B nonimmigrants, the employer shall submit to the Secretary the Internal Revenue Service Form W–2 Wage and Tax Statement filed by the employer with respect to the H–1B nonimmigrants for such period. .
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Sec. 532
New application requirements
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