Sec. 101. Market-based H–1B visa limits
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Section 214(g) of the Immigration and Nationality Act ( 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 ; in paragraph (5)— in subparagraph (B), by striking or at the end; and in subparagraph (C), by striking , until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000. and inserting ; or ; in paragraph (8), by striking subparagraphs (B)(iv) and (D); 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: 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 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 300,000, 300,000. If the number of cap-subject nonimmigrant visa petitions approved 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 approved 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 approved 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 approved 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 approved 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 approved 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 approved 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 approved 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. . The Secretary of Homeland Security shall— timely upload to a public website data that summarizes the adjudication of nonimmigrant petitions under section 101(a)(15)(H)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(b) ) during each fiscal year; and allow the timely adjustment of visa allocations under section 214(g)(9)(B) of such Act, as added by subsection (a).
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