Page:United States Statutes at Large Volume 112 Part 4.djvu/672

 112 STAT. 2681-643 PUBLIC LAW 105-277—OCT. 21, 1998 "(G)(i) In the case of an application described in subparagraph (E)(ii), subject to clause (ii), the employer, prior to filing the application— "(I) has taken good faith steps to recruit, in the United States using procedures that meet industry-wide standards and offering compensation that is at least as great as that required to be offered to H-IB nonimmigrants under subparagraph (A), United States workers for the job for which the nonimmigrant or nonimmigrants is or are sought; and "(II) has offered the job to any United States worker who applies and is equally or better qualified for the job for which the nonimmigrant or nonimmigrants is or are sought. "(ii) The conditions described in clause (i) shall not apply to an application filed with respect to the employment of an H-IB nonimmigrant who is described in subparagraph (A), (B), or (C) of section 203(b)(1).". (2) NOTICE ON APPLICATION OF POTENTIAL LIABILITY OF PLACING EMPLOYERS.— Section 212(n)(l) (8 U.S.C. 1182(n)(l)) is amended by adding at the end the following: "The application form shall include a clear statement explaining the liability under subparagraph (F) of a placing employer if the other employer described in such subparagraph displaces a United States worker as described in such subparagraph.". (3) CONSTRUCTION.— Section 212(n)(l) (8 U.S.C. 1182(n)(l)) is further amended by adding at the end the following: "Nothing in subparagraph (G) shall be construed to prohibit an employer from using legitimate selection criteria relevant to the job that are normal or customary to the t5rpe of job involved, so long as such criteria are not applied in a discriminatory manner.", (b) H-IB-DEPENDENT EMPLOYER AND OTHER DEFINITIONS. — (1) IN GENERAL.— Section 212(n) (8 U.S.C. 1182(n)) is amended by adding at the end the following: "(3)(A) For purposes of this subsection, the term 'H-lB-dependent employer' means an employer that— "(i)(I) has 25 or fewer full-time equivalent employees who are employed in the United States; £m.d (II) employs more than 7 H-IB nonimmigrants; "(ii)(I) has at least 26 but not more than 50 full-time equivalent employees who are employed in the United States; and (II) employs more than 12 H-IB nonimmigrants; or "(iii)(I) has at least 51 full-time equivalent employees who are employed in the United States; and (II) employs H-IB nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees. "(B) For purposes of this subsection— "(i) the term 'exempt H-IB nonimmigrant' means an H- IB nonimmigrant who— "(I) receives wages (including cash bonuses and similar compensation) at an annual rate equal to at least $60,000; or "(II) has attained a master's or higher degree (or its equivalent) in a specialty related to the intended employ- ment; and

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