Sec. 7. Funding
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The Secretary may only carry out sections 4 and 5 with amounts made available to the Secretary of Labor under section 286(w) of the Immigration and Nationality Act, as added by subsection (c). Section 214(c) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c) ) is amended by adding at the end the following: If the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee on an employer under paragraph
(9)or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall also impose a supplemental fee on such employer in the amount determined under subparagraph (B). The amount of the supplemental fee imposed on an employer under subparagraph (A), for each alien granted an immigration benefit under paragraph
(9)or (11), shall be— $260 for any employer with more than 25 full-time equivalent employees who are employed in the United States (including employees of any affiliate or subsidiary of such employer); and $130 for any employer with not more than 25 such employees. Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(w). . Section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ) is amended by adding at the end the following: There is established in the general fund of the Treasury a separate account, which shall be known as the Supplemental H–1B Nonimmigrant Petitioner Account . Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(15). The amounts deposited into the Supplemental H–1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended for planning grants, implementation grants, and technical assistance under sections 4 and 5 of the Invest in America Act. .
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