H–1B-dependent employer
(3) (A) For purposes of this subsection, the term “H–1B-dependent employer” means an employer that— (i) (I) has 25 or fewer full-time equivalent employees who are employed in the United States; and (II) employs more than 7 H–1B 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–1B nonimmigrants; or (iii) (I) has at least 51 full-time equivalent employees who are employed in the United States; and (II) employs H–1B 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–1B nonimmigrant” means an H–1B 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 employment; and (ii) the term “nonexempt H–1B nonimmigrant” means an H–1B nonimmigrant who is not an exempt H–1B nonimmigrant. (C) For purposes of subparagraph (A)— (i) in computing the number of full-time equivalent employees and the number of H–1B nonimmigrants, exempt H–1B nonimmigrants shall not be taken into account during the longer of— (I) the 6-month period beginning on October 21, 1998 ; or (II) the period beginning on October 21, 1998 , and ending on the date final regulations are issued to carry out this paragraph; and (ii) any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of title 26 shall be treated as a single employer.