PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-642 SUBTITLE A—PROVISIONS RELATING TO H-IB NONIMMIGRANTS SEC. 411. TEMPORARY INCREASE IN ACCESS TO TEMPORARY SKILLED PERSONNEL UNDER H-IB PROGRAM. (a) TEMPORARY INCREASE IN SKILLED NONIMMIGRANT WORK- ERS.—Paragraph (1)(A) of section 214(g) (8 U.S.C. 1184(g)) is amended to read as follows: "(A) under section 101(a)(15)(H)(i)(b), may not exceed— "(i) 65,000 in each fiscal year before fiscal year 1999; "(ii) 115,000 in fiscal year 1999; " (iii) 115,000 in fiscal year 2000; " (iv) 107,500 in fiscal year 2001; and "(v) 65,000 in each succeeding fiscal year; or". (b) EFFECTIVE DATES.—The amendment made by subsection 8 USC 1184 note, (a) applies beginning with fiscal year 1999. SEC. 412. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES WORKERS IN CASE OF H-IB-DEPENDENT EMPLOYERS. (a) PROTECTION AGAINST LAYOFF AND REQUIREMENT FOR PRIOR RECRUITMENT OF UNITED STATES WORKERS.— (1) ADDITIONAL STATEMENTS ON APPLICATION.—Section 212(n)(l) (8 U.S.C. 1182(n)(l)) is amended by inserting after subparagraph (D) the following: "(E)(i) In the case of an application described in clause (ii), the employer did not displace and will not displace a United States worker (as defined in paragraph (4)) employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application. "(ii) An application described in this clause is an application filed on or after the date final regulations are first promulgated to carry out this subparagraph, and before October 1, 2001, by an H-lB -dependent employer (as defined in paragraph (3)) or by an employer that has been found, on or after the date of the enactment of the American Competitiveness and Workforce Improvement Act of 1998, under paragraph (2)(C) or (5) to have committed a willful failure or misrepresentation during the 5-year period preceding the filing of the application. An application is not described in this clause if the only H- IB nonimmigrants sought in the application are exempt H- IB nonimmigrants. "(F) In the case of an application described in subparagraph (E)(ii), the employer will not place the nonimmigrant with another employer (regardless of whether or not such other employer is an H-lB -dependent employer) where— "(i) the nonimmigrant performs duties in whole or in part at one or more worksites owned, operated, or controlled by such other employer; and "(ii) there are indicia of an emplo5Tiient relationship between the nonimmigrant and such other employer; unless the employer has inquired of the other employer as to whether, and has no knowledge that, within the period beginning 90 days before and ending 90 days after the date of the placement of the nonimmigrant with the other employer, the other employer has displaced or intends to displace a United States worker employed by the other employer.
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