Speech #1100057124

and intended to be proposed to the bill S. 1348. to provide for comprehensive immigration reform and for other purposes. which was ordered to lie on the table. as follows: In lieu of the matter proposed to be inserted. insert the following: "(D) under section 10l(a)(15)(Y)(ll). may not exceed"Mi 100.000 for the first fiscal year in which the program is implemented. "(ii) in any subsequent fiscal year. subject to clause (iii). the niumber for the previous fiscal year as adjusted in accordance with the method set forth in paragraph ( 2). and -(iii) 300.000 for any fiscal year." (2) by redesignating paragraphs (2) through (11) as paragraphs (3) through (12). respectively: 1 .3) by inserting after paragraph (1) the following: "(2) MARKETBASED ADJUSTMENTWith respect to the numerical limitation set in subparagraph (A)(ii) and (D)(ii) of paragraph W1" (A) if the total number of visas allocated for that fiscal year are issued during the first 6 months that fiscal year. an additional 15 percent of the allocated number shall be made available immediately and the allocated amount for the following fiscal year shall increase by 15 percent of the original allocated amount in the prior fiscal year: "(B3) if the total number of visas allocated for that fiscal year are issued before the end of that fiscal year. the allocated amount for the following fiscal year shall increase by 10 percent of the original allocated amount in the prior fiscal year. and "(C) with the exception of the first subsequent fiscal year to the fiscal year in which the program is implemented. if fewer visas were allotted tire previous fiscal year than the number of visas allocated for that year and the reason was not due to processing delays or delays in promulgating regulations. then the allocated amount for the following fiscal year shall decrease by 10 percent of the allocated amount in the prior fiscal year.". (4) in paragraph (10). as redesignated by paragraph (2) of this section. by amending subparagraph (Al to read as follows: "(A) Subject to subparagraphs (B) and (C). an alien who has been already been counted toward the numerical limitations under paragraph (1)(D) during any 1 of the 3 fiscal years immnediately preceding the fiscal year of the approved start date of a petition for a nonimmigrant worker described in section I0l(a)(15)(H)(ll)(b) shall not be counted towasd the limitations under clauses (I) and (ii) of paragraph (1)(D) fur the fiscal year in which the petitioni is approved. Such alien shall be considered a returning worker.". and (5) in paragraph (11). as redesignated by paragraph (2) of this section(A) by inserting "(A)" after "(11)". and (B) by adding at the end the following: "(B) The numerical limitations under paragraph (1)(D) shall be allocated for each fiscal year to ensure that the total number of aliens subject to such numerical limits who enter the United States pursuant to a visa or are accorded nonimmigrant status under section l01(a)(15)(Y)(ii) during the first 6 months of such fiscal year is not greater than 50 percent of the total number of such visas available for that fiscal year."