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HR 4378 109th Congress House

Defend the American Dream Act of 2005

Official title: To amend the Immigration and Nationality Act to provide greater protections to domestic and foreign workers under the H-1B nonimmigrant worker program.

Introduced: November 17, 2005 See on congress.gov
Immigration Administrative feesAdministrative remediesAdmission of nonimmigrantsAlien labor
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AliensCivil actions and liabilityCollegesCommerceContractsDamagesDepartment of LaborEconomics and Public FinanceEmployee rightsFraudGovernment Operations and PoliticsGovernment paperworkGovernmental investigationsGraduate educationGrievance procedures
This bill died when the 109th Congress ended
It never became law before the 109th Congress (2005–2006) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 6, 2006
Referred to the Subcommittee on Immigration, Border Security, and Claims.
Nov 17, 2005
Referred to the House Committee on the Judiciary.
Nov 17, 2005
Introduced in House
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 Latest action February 6, 2006

Referred to the Subcommittee on Immigration, Border Security, and Claims.

 Plain-English summary Congressional Research Service

Defend the American Dream Act of 2005 - Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations. Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants.

Extends to 180 days the period during which certain H-1B employers must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from outsourcing or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent employer.

Sets forth prior notice requirements.

Reduces the period of H-1B authorized admission to three years.

Eliminates the exemption from H-1B numerical admission limitations for certain aliens with a U.S. master's or higher degree.

Revises the H-1B definition of "specialty occupation."

Triples the H-1B petitioner fee.

Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs.

Creates a private right of action for persons harmed by an employer's violation of labor condition requirements.

Applies the nondisplacement requirement to all H-1B employers.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
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APA
U.S. Congress. (2026). H.R. 4378: Defend the American Dream Act of 2005. 109th Congress. Open America. https://openamerica.io/bill/109-HR-4378/
MLA
"H.R. 4378: Defend the American Dream Act of 2005." 109th Congress, 2026, Open America, https://openamerica.io/bill/109-HR-4378/.
Bluebook (legal)
H.R. 4378, 109th Cong. (2026), https://openamerica.io/bill/109-HR-4378/.
Markdown link
[H.R. 4378: Defend the American Dream Act of 2005](https://openamerica.io/bill/109-HR-4378/)
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