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Pub. L. 101-649
Immigration Act of 1990
101st Congress
Nov. 29, 1990
104 STAT. 4978
______________
[S. 358]
An Act
To amend the Immigration and Nationality Act to change the level, and preference system for admission, of immigrants to the United States, and to provide for administrative naturalization, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the "Immigration Act of 1990".
(b) References in Act.--Except as specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as an amendment to or repeal of a provision, the reference shall be deemed to be made to the Immigration and Nationality Act.
(c) Table of Contents.--The table of contents of this Act is as follows:
Sec. 1.
Short title; references in Act; table of contents.
TITLE I--IMMIGRANTS
Subtitle A--Worldwide and Per Country Levels
Sec. 103.
Treatment of Hong Kong under per country levels.
Subtitle B--Preference System
Part 1--Family-Sponsored Immigrants
Sec. 112.
Transition for spouses and minor children of legalized aliens.
Part 2--Employment-Based Immigrants
Sec. 122.
Changes in labor certification process.
Sec. 123.
Definitions of managerial capacity and executive
capacity.
Sec. 124.
Transition for employees of certain United States
businesses operating in Hong Kong.
Part 3--Diversity Immigrants
Sec. 132.
Diversity transition for aliens who are natives of
certain adversely affected foreign states.
Sec. 133.
One-year diversity transition for aliens who have
been notified of availability of NP-5 visas.
Subtitle C--Commission and Information
Sec. 141.
Commission on Legal Immigration Reform.
Subtitle D--Miscellaneous
Sec. 151.
Revision of special immigrant provisions relating to
religious workers (C special immigrants).
Sec. 152.
Special immigrant status for certain aliens employed
at the United States mission in Hong Kong (D special immigrants).
Sec. 153.
Special immigrant status for certain aliens declared
dependent on a juvenile court (J special immigrants).
Sec. 154.
Permitting extension of period of validity of
immigrant visas for certain residents of Hong Kong.
Sec. 155.
Expedited issuance of Lebanese second and fifth
preference visas.
Subtitle E--Effective Dates; Conforming Amendments
TITLE II--NONIMMIGRANTS
Subtitle A--General and Permanent Provisions
Sec. 201.
Revision and extension of the visa waiver pilot
program for foreign tourists (B nonimmigrants).
Sec. 202.
Denial of crewmember status in the case of certain
labor disputes (D nonimmigrants).
Sec. 203.
Limitations on performance of longshore work by
alien crewmen (D nonimmigrants).
Sec. 205.
Temporary workers and trainees (H nonimmigrants).
Sec. 206.
Intra-company transferees (L nonimmigrants).
Sec. 207.
New classification for aliens with extraordinary
ability, accompanying aliens, and athletes and entertainers
(O & P nonimmigrants).
Sec. 208.
New classification for international cultural
exchange programs (Q nonimmigrants).
Sec. 209.
New classification for aliens in religious occupations (R nonimmigrants).
Subtitle B--Temporary or Limited Provisions
Sec. 221.
Off-campus work authorization for students (F nonimmigrants).
Sec. 222.
Admission of nonimmigrants for cooperative research, development, and coproduction projects.
Sec. 223.
Establishment of special education exchange visitor program.
Subtitle C--Effective Dates
TITLE III--FAMILY UNITY AND TEMPORARY PROTECTED STATUS
Sec. 303.
Special temporary protected status for Salvadorans.
TITLE IV--NATURALIZATION
Sec. 402.
Substituting 3 months residence in INS district or State for 6 months residence in a State.
Sec. 403.
Waiver of English language requirement for naturalization.
Sec. 404.
Treatment of service in armed forces of a foreign country.
Sec. 405.
Naturalization of natives of the Philippines through certain
active-duty service during World War II.
Sec. 406.
Public education regarding naturalization benefits.
Sec. 408.
Effective dates and savings provisions.
TITLE V--ENFORCEMENT
Subtitle A--Criminal Aliens
Sec. 502.
Shortening period to request judicial review.
Sec. 503.
Enhancing enforcement authority of INS officers.
Sec. 504.
Custody pending determination of deportability and
excludability.
Sec. 505.
Elimination of judicial recommendations against deportation.
Sec. 506.
Clarification respecting discretionary authority in
deportation proceedings for incarcerated aliens.
Sec. 507.
Requiring coordination plan with INS as a condition for receipt of drug control and system improvement grants under the Omnibus Crime Control and Safe Streets Act of 1968.
Sec. 508.
Deportation for attempted violations of controlled substances laws.
Sec. 511.
Limitation on waiver of exclusion for returning permanent residents convicted of an aggravated felony.
Sec. 512.
Authorization of additional immigration judges for
deportation proceedings involving criminal aliens.
Sec. 513.
Effect of filing petition for review.
Sec. 514.
Extending bar on reentry of aliens convicted of aggravated felonies.
Sec. 515.
Asylum in the case of aliens convicted of aggravated felonies.
Subtitle B--Provision Relating to Employer Sanctions
Sec. 521.
Elimination of paperwork requirement for recruiters and referrers.
Subtitle C--Provisions Relating to Anti-Discrimination
Sec. 531.
Dissemination of information concerning anti-discrimination protections under IRCA and title VII of the Civil Rights Act of 1964.
Sec. 532.
Inclusion of certain seasonal agricultural workers within scope
of anti-discrimination protections.
Sec. 533.
Elimination of requirement that aliens file a declaration of intending to become a citizen in order to file anti-discrimination complaint.
Sec. 535.
Treatment of certain actions as discrimination.
Sec. 536.
Conforming civil money penalties for anti-discrimination violations to those for employer sanctions.
Sec. 538.
Special Counsel access to employment eligibility verification forms.
Subtitle D--General Enforcement
Sec. 541.
Authorizing increase by 1,000 in border patrol personnel.
Sec. 542.
Application of increase in penalties to enhance enforcement activities.
Sec. 543.
Increase in fine levels; authority of the INS to collect fines.
Sec. 544.
Civil penalties for document fraud.
Sec. 545.
Deportation procedures; required notice of
deportation hearing; limitation on discretionary relief.
TITLE VI--EXCLUSION AND DEPORTATION
Sec. 602.
Revision of grounds for deportation.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701.
Battered spouse or child waiver of the conditional
residence requirement.
Sec. 702.
Bona fide marriage exception to foreign residence
requirement for marriages entered into during certain immigration proceedings.
Sec. 703.
1-year extension of deadline for filing applications
for adjustment from temporary to permament residence for legalized aliens.
Sec. 704.
Commission on Agricultural Workers.
TITLE VIII--EDUCATION AND TRAINING
Sec. 801.
Educational assistance and training.
TITLE I--IMMIGRANTS
Subtitle A--Worldwide and Per Country Levels
SEC. 101. WORLDWIDE LEVELS.
(a) In General.--Section 201 (8 U.S.C. 1151) is amended to read as follows:
"WORLDWIDE LEVEL OF IMMIGRATION
"Sec. 201. (a) In General.--Exclusive of aliens described in subsection
(b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to--
"(1) family-sponsored immigrants described in section 203(a) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(a)) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year;
"(2) employment-based immigrants described in section 203(b) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(b)), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; and
"(3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 203(c) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(c)) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year.
"(b) Aliens Not Subject to Direct Numerical Limitations.--Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:
"(1)(A) Special immigrants described in subparagraph (A) or (B) of section 101(a)(27).
"(B) Aliens who are admitted under section 207 or whose status is adjusted under section 209.
"(C) Aliens whose status is adjusted to permanent residence under section 210, 210A, or 245A.
"(D) Aliens whose deportation is suspended under section 244(a).
"(E) Aliens provided permanent resident status under section 249.
"(2)(A)(i) Immediate relatives.--For purposes of this subsection, the term 'immediate relatives' means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States for at least 2 years at the time of the citizen's death and was not legally separated from the
citizen at the time of the citizen's death, the alien shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 204(a)(1)(A) within 2 years after such date and only until the date the spouse remarries.
"(ii) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative.
"(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.
"(c) Worldwide Level of Family-Sponsored Immigrants.--(1)(A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to--
"(i) 480,000, minus
"(ii) the number computed under paragraph (2), plus
"(iii) the number (if any) computed under paragraph (3).
"(B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i).
"(ii) In no case shall the number computed under subparagraph (A) be less than 226,000.
"(2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year.
"(3) The number computed under this paragraph for a fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during
that year.
"(d) Worldwide Level of Employment-Based Immigrants.--(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to--
"(A) 140,000, plus
"(B) the number computed under paragraph (2).
"(2) The number computed under this paragraph for a fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 203(a) (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year.
"(e) Worldwide Level of Diversity Immigrants.--The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year.".
(b) Clerical Amendment.--The item in the table of contents relating to section 201 is amended to read as follows:
"Sec. 201. Worldwide level of immigration.".
SEC. 102. PER COUNTRY LEVELS.
Section 202 (8 U.S.C. 1152) is amended--
(1) by amending subsection (a) to read as follows:
"(a) Per Country Level.--
"(1) Nondiscrimination.--Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
"(2) Per country levels for family-sponsored and employment-based immigrants.--Subject to paragraphs (3) and (4), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
"(3) Exception if additional visas available.--If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
"(4) Special rules for spouses and children of lawful permanent resident aliens.--
"(A) 75 percent of minimum 2nd preference set-aside for spouses and children not subject to per country limitation.--
"(i) In general.--Of the visa numbers made available under, section 203(a) to immigrants described in section 203(a)(2)(A) any fiscal year, 75 percent of the 2-A floor (as defined in clause (ii)) shall be issued without regard to the numerical limitation under paragraph (2).
"(ii) 2-A floor defined.--In this paragraph, the term '2-A floor' means, for a fiscal year, 77 percent of the total number of visas made available under section 203(a) to immigrants
described in section 203(a)(2) in the fiscal year.
"(B) Treatment of remaining 25 percent for countries subject to subsection (e).--
"(i) In general.--Of the visa numbers made available under section 203(a) to immigrants described in section 203(a)(2)(A) in any fiscal year, the remaining 25 percent of the 2-A floor shall be available in the case of a state or area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subparagraph (A) to natives of the foreign state or area is less than the subsection (e) ceiling (as defined in clause (ii)).
"(ii) Subsection (e) ceiling defined.--In clause (i), the term 'subsection (e) ceiling' means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area under section 203(a)(2) consistent with
subsection (e).
"(C) Treatment of unmarried sons and daughters in countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, the number of immigrant visas that may be made available to natives of the state or area under section 203(a)(2)(B) may not exceed--
"(i) 23 percent of the maximum number of visas that may be made available under section 203(a) to immigrants of the state or area described in section 203(a)(2) consistent with subsection (e), or
"(ii) the number (if any) by which the maximum number of visas that may be made available under section 203(a) to immigrants of the state or area described in section 203(a)(2) consistent with subsection (e) exceeds the number of visas issued under section 203(a)(2)(A), whichever is greater.
"(D) Limiting pass down for certain countries subject to subsection (e).--In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(a)(2) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(a)(2) consistent with subsection (e) (determined without regard to this paragraph), in applying paragraphs (3) and (4) of section 203(a) under subsection (e)(2) all vis
as shall be deemed to have been required for the classes specified in paragraphs (1) and (2) of such section.";
(2) in subsection (b)--
(A) by inserting "Rules for Chargeability.--" after "(b)", and
(B) by striking "the numerical limitation set forth in the proviso to subsection (a) of this section" each place it appears and inserting "a numerical level established under subsection (a)(2)";
(3) in subsection (c)--
(A) by inserting "Chargeability for Dependent Areas.--" after "(c)",
(B) by striking "a special immigrant" and all that follows through "201(b)" and inserting "an alien described in section 201(b)", and
(C) by striking ", and the number" and all that follows through
"one fiscal year";
(4) in subsection (d), by inserting "Changes in Territory.--" after "(d)"; and
(5) by amending subsection (e) to read as follows:
"(e) Special Rules for Countries at Ceiling.--If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to th
e extent practicable and otherwise consistent with this section and section 203) in a manner so that--
"(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201(d);
"(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
"(3) the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).".
SEC. 103. TREATMENT OF HONG KONG UNDER PER COUNTRY LEVELS.
The approval referred to in the first sentence of section 202(b) of the Immigration and Nationality Act shall be considered to have been granted, effective beginning with fiscal year 1991, with respect to Hong Kong as a separate foreign state, and not as a colony or other component or dependent area of another foreign state, except that the total number of immigrant visas made available to natives of Hong Kong under subsections (a) and (b) of
section 203 of such Act in each of fiscal years 1991, 1992, and 1993 may not exceed 10,000.
SEC. 104. ASYLEE ADJUSTMENTS.
(a) Increase in Numerical Limitation on Adjustment of Asylees.--
(1) In general.--Section 209(b) (8 U.S.C. 1159(b)) is amended by striking "five thousand" and inserting "10,000".
(2) Effective date and transition.--The amendment made by paragraph (1)shall apply to fiscal years beginning with fiscal year 1991 and the President is authorized, without the need for appropriate consultation, to increase the refugee determination previously made under section 207 of the Immigration and Nationality Act for fiscal year 1991 in order to make such amendment effective for such fiscal year.
(b) Annual Asylee Enumeration.--Section 207(a) (8 U.S.C. 1157(a)) is amended by adding at the end the following new paragraph:
"(4) In the determination made under this subsection for each fiscal year (beginning with fiscal year 1992), the President shall enumerate, with the respective number of refugees so determined, the number of aliens who were granted asylum in the previous year.".
(c) Waiver of Numerical Limitation for Certain Current Asylees.--The numerical limitation on the number of aliens whose status may be adjusted under section 209(b) of the Immigration and Nationality Act shall not apply to an alien described in subsection (d) or to an alien who has applied for adjustment of status under such section on or before June 1, 1990.
(d) Adjustment of Certain Former Asylees.--
(1) In general.--Subject to paragraph (2), the provisions of section 209(b) of the Immigration and Nationality Act shall also apply to an alien--
(A) who was granted asylum before the date of the enactment of this Act (regardless of whether or not such asylum has been terminated under section 208(b) of the Immigration and Nationality Act),
(B) who is no longer a refugee because of a change in circumstances in a foreign state, and
(C) who was (or would be) qualified for adjustment of status under section 209(b) of the Immigration and Nationality Act as of the date of the enactment of this Act but for paragraphs (2) and (3) there of and but for any numerical limitation under such section.
(2) Application of per country limitations.--The number of aliens who are natives of any foreign state who may adjust status pursuant to paragraph (1) in any fiscal year shall not exceed the difference between the per country limitation established under section 202(a) of the Immigration and Nationality Act and the number of aliens who are chargeable to that foreign state in the fiscal year under section 202 of such Act.
Subtitle B--Preference System
PART 1--FAMILY-SPONSORED IMMIGRANTS
SEC. 111. FAMILY-SPONSORED IMMIGRANTS.
Section 203 (8 U.S.C. 1153) is amended--
(1) by redesignating subsections (b) through (e) as subsections (d)through (g), respectively, and
(2) by striking subsection (a) and inserting the following:
"(a) Preference Allocation for Family-Sponsored Immigrants.--Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allotted visas as follows:
"(1) Unmarried sons and daughters of citizens.--Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
"(2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens.--Qualified immigrants--
"(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
"(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence, shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).
"(3) Married sons and married daughters of citizens.--Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
"(4) Brothers and sisters of citizens.--Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).".
SEC. 112. TRANSITION FOR SPOUSES AND MINOR CHILDREN OF LEGALIZED ALIENS.
(a) Additional Visa Numbers.--
(1) In general.--In addition to any immigrant visas otherwise available, immigrant visa numbers shall be available in each of fiscal years 1992, 1993, and 1994 for spouses and children of eligible, legalized aliens (as defined in subsection (c)) in a number equal to 55,000 minus the number (if any) computed under paragraph (2) for the fiscal year.
(2) Offset.--The number computed under this paragraph for a fiscal year is the number (if any) by which--
(A) the sum of the number of aliens described in subparagraphs (A) and (B) of section 201(b)(2) of the Immigration and Nationality Act (or, for fiscal year 1992, section 201(b) of such Act) who were issued immigrant visas or otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year, exceeds
(B) 239,000.
(b) Order.--Visa numbers under this section shall be made available in the order in which a petition, in behalf of each such immigrant for classification under section 203(a)(2) of the Immigration and Nationality Act, is filed with the Attorney General under section 204 of such Act.
(c) Legalized Alien Defined.--In this section, the term "legalized alien" means an alien lawfully admitted for temporary or permanent residence who was provided--
(1) temporary or permanent residence status under section 210 of the Immigration and Nationality Act,
(2) temporary or permanent residence status under section 245A of the Immigration and Nationality Act, or
(3) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986.
PART 2--EMPLOYMENT-BASED IMMIGRANTS
SEC. 121. EMPLOYMENT-BASED IMMIGRANTS.
(a) In General.--Section 203 (8 U.S.C. 1153) is amended by inserting after subsection (a), as inserted by section 111, the following new subsection:
"(b) Preference Allocation for Employment-Based Immigrants.--Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
"(1) Priority workers.--Visas shall first be made available in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
"(A) Aliens with extraordinary ability.--An alien is described in this subparagraph if--
"(i) the alien has extraordinary ability in the sciences, arts,education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
"(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
"(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
"(B) Outstanding professors and researchers.--An alien is described in this subparagraph if--
"(i) the alien is recognized internationally as outstanding in a specific academic area,
"(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
"(iii) the alien seeks to enter the United States--
"(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
"(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
"(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
"(C) Certain multinational executives and managers.--An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or a
ffiliate thereof in a capacity that is managerial or executive.
"(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.--
"(A) In general.--Visas shall be made available, in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts
, professions, or business are sought by an employer in the United States.
"(B) Waiver of job offer.--The Attorney General may, when he deems it to be in the national interest, waive the requirement of subparagraph (A) that an alien's services in the sciences, arts, or business be sought by an employer in the United States.
"(C) Determination of exceptional ability.--In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particularprofession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
"(3) Skilled workers, professionals, and other workers.--
"(A) In general.--Visas shall be made available, in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
"(i) Skilled workers.--Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
"(ii) Professionals.--Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
"(iii) Other workers.--Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
"(B) Limitation on other workers.--Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
"(C) Labor certification required.--An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A).
"(4) Certain special immigrants.--Visas shall be made available, in a number not to exceed 10,000, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii).
"(5) Employment creation.--
"(A) In general.--Visas shall be made available, in a number not to exceed 10,000, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise--
"(i) which the alien has established,
"(ii) in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
"(iii) which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
"(B) Set-aside for targetted employment areas.--
"(i) In general.--Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who establish a new commercial enterprise described in subparagraph (A) which will create employment in a targetted employment area.
"(ii) Targetted employment area defined.--In this paragraph,the term 'targetted employment area' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
"(iii) Rural area defined.--In this paragraph, the term 'rural area' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
"(C) Amount of capital required.--
"(i) In general.--Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretaryof Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
"(ii) Adjustment for targetted employment areas.--The Attorney General may, in the case ofinvestment made in a targetted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not lessthan 1/2 of) the amount specified in clause (i).
"(iii) Adjustment for high employment areas.--In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment--
"(I) is not a targetted employment area, and
"(II) is an area with an unemployment ratesignificantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (i).".
(b) Deterring Immigration-Related Entrepreneurship Fraud.--
(1) Conditional basis for permanent resident status based on establishment of commercial enterprises.--Chapter 2 of title II is amended by inserting after section 216 the following new section:
"CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN
"Sec. 216A. (a) In General.--
"(1) Conditional basis for status.--Notwithstanding any other provision of this Act, an alien entrepreneur (as defined in subsection (f)(1)), alien spouse, and alien child (as defined in subsection (f)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
"(2) Notice of requirements.--
"(A) At time of obtaining permanent residence.--At the time an alien entrepreneur, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such an entrepreneur, spouse, or child respecting the provisions of this section and therequirements of subsection (c)(1) to have the conditional basis of such status removed.
"(B) At time of required petition.--In addition, the Attorney General shall attempt to provide notice to such an entrepreneur, spouse, or child, at or about the beginning of the 90-day period described in subsection (d)(2)(A), of the requirements of subsection (c)(1).
"(C) Effect of failure to provide notice.--The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of theprovisions of this section with respect to such an entrepreneur, spouse, or child.
"(b) Termination of Status if Finding that Qualifying Entrepreneurship Improper.--
"(1) In general.--In the case of an alien entrepreneur with permanent resident status on a conditional basis under subsection (a), if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that--
"(A) the establishment of the commercial enterprise was intended solely as a means of evading the immigration laws of the United States,
"(B) (i) a commercial enterprise was not established by the alien,
"(ii) the alien did not invest or was not actively in the process of investing the requisite capital; or
"(iii) the alien was not sustaining the actionsdescribed in clause (i) or (ii) throughout the period of the alien's residence in the United States, or
"(C) the alien was otherwise not conforming to the requirements of section 203(b)(5), then the Attorney General shall so notify the alien involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.
"(2) Hearing in deportation proceeding.--Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met.
"(c) Requirements of Timely Petition and Interview for Removal of Condition.--
"(1) In general.--In order for the conditional basis established under subsection (a) for an alien entrepreneur, alien spouse, or alien child to be removed--
"(A) the alien entrepreneur must submit to the Attorney General, during the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1), and
"(B) in accordance with subsection (d)(3), the alien entrepreneur must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1).
"(2) Termination of permanent resident status for failure to file petition or have personal interview.--
"(A) In general.--In the case of an alien with permanent resident status on a conditional basis under subsection (a), if--
"(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or
"(ii) unless there is good cause shown, the alien entrepreneur fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(3)), the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the alien's lawful admission for permanent residence.
"(B) Hearing in deportation proceeding.--In any deportation proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).
"(3) Determination after petition and interview.--
"(A) In general.--If--
"(i) a petition is filed in accordance with the provisions of paragraph (1)(A), and
"(ii) the alien entrepreneur appears at any interview described in paragraph (1)(B), the Attorney General shall make a determination, within 90 days of the date of the such filing or interview (whichever is later), as to whether the facts and information describedin subsection (d)(1) and alleged in the petition are true with respect to the qualifying commercial enterprise.
"(B) Removal of conditional basis if favorable determination.--If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the alien's status effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence.
"(C) Termination if adverse determination.--If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien entrepreneur, alien spouse, or alien child as of the date of,the determination.
"(D) Hearing in deportation proceeding.--Any alien whosepermanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true with respect to the qualifying commercial enterprise.
"(d) Details of Petition and Interview.--
"(1) Contents of petition.--Each petition under subsection (c)(1)(A) shall contain facts and information demonstrating that--
"(A) a commercial enterprise was established by the alien;
"(B) the alien invested or was actively in the process of investing the requisite capital; and
"(C) the alien sustained the actions described in subparagraphs (A) and (B) throughout the period of the alien's residence in the United States.
(2) Period for filing petition.--
"(A) 90-day period before second anniversary.--Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence.
"(B) Date petitions for good cause.--Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
"(C) Filing of petitions during deportation.--In the case of an alien who is the subject of deportation hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such deportation proceedings against an alien pending the filing of the petition under subparagraph (B).
"(3) Personal interview.--The interview under subsection (c)(1)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney General's discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
"(e) Treatment of Period for Purposes of Naturalization.--For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.
"(f) Definitions.--In this section:
"(1) The term 'alien entrepreneur' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under section 203(b)(5).
"(2) The term 'alien spouse' and the term 'alien child mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien entrepreneur.".
(2) Additional ground for deportation.--For additional ground of exclusion for termination of permanent residence on a conditional basis under section 216A of the Immigration and Nationality Act, see section 241(a)(1)(D) of such Act, as amended by section 602(a) of this Act.
(3) Criminal penalty for immigration-related entrepreneurship fraud.-- Section 275 (8 U.S.C. 1325) is amended by adding at the end the following new subsection:
"(c) Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.".
(4) Limitation on adjustment of status.--Section 245 (8 U.S.C. 1255) is amended by adding at the end the following new subsection:
"(f) The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 216A.".
(5) Conforming amendment.--The table of contents is amended by inserting after the item relating to section 216 the following new item:
"Sec. 216A. Conditional permanent resident status for certain alien entrepreneurs, spouses, and children.".
SEC. 122. CHANGES IN LABOR CERTIFICATION PROCESS.
(a) Labor Market Information Pilot Program for Employment-Based Immigrants.--(1) The Secretary of Labor shall establish a pilot program which provides for a determination, in accordance with section 553 of title 5, United States Code, of labor shortages or surpluses in up to 10 defined occupational classifications in the United States. In making such determinations, the Secretary shall consider certifications approved under section 212(a)(5)(A) of the Immigration and Nationality Act and labor market and oth
er information.
(2)(A) If under the pilot program there is a determination that there is a labor shortage with respect to an occupational classification, a certification under section 212(a)(5)(A) of the Immigration and Nationality Act for petitions for that occupational classification shall be deemed to have been issued.
(B) If under the pilot program there is a determination that there is a labor surplus with respect to an occupational classification, the Secretary of Labor may nonetheless make a certification under section 212(a)(5)(A) of the Immigration and Nationality Act with regard to a specific job opportunity in the occupational classification if the employer submits evidence, based on extensive recruitment efforts (including such efforts as the Secretary may require), demonstrating that the employer meets all the r
equirements for certification under such section.
(3) The pilot program under this subsection shall only be effective for applications for certifications filed during the 3-fiscal-year period beginning with fiscal year 1992.
(4) By not later than April 1, 1994, the Secretary of Labor shall report to the Committees on Education and Labor and Judiciary of the House of Representatives and the Committees on Labor and Human Resources and the Judiciary of the Senate on the operation of the pilot program under this subsection and whether the program should be extended and the number of defined occupational classifications permitted under the program if it is extended.
(b) Notice in Labor Certifications.--The Secretary of Labor shall provide, in the labor certification process under section 212(a)(5)(A) of the Immigration and Nationality Act, that--
(1) no certification may be made unless the applicant for certification has, at the time of filing the application, provided notice of the filing (A) to the bargaining representative (if any) of the employer's employees in the occupational classification and area for which aliens are sought, or (B) if there is no such bargaining representative, to employees employed at the facility through posting in conspicuous locations; and
(2) any person may submit documentary evidence bearing on he application for certification (such as information on available workers, information on wages and working conditions, and information on the employer's failure to meet terms and conditions with respect to the employment of alienworkers and co-workers).
SEC. 123. DEFINITIONS OF MANAGERIAL CAPACITY AND EXECUTIVE CAPACITY.
Section 101(a) (8 U.S.C. 1101(a)) is amended by adding at the end the following:
"(44)(A) The term 'managerial capacity' means an assignment within an organization in which the employee primarily--
"(i) manages the organization, or a department, subdivision, function, or component of the organization;
"(ii) supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
"(iii) if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
"(iv) exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional.
"(B) The term 'executive capacity' means an assignment within an organization in which the employee primarily--
"(i) directs the management of the organization or a major component or function of the organization;
"(ii) establishes the goals and policies of the organization, component, or function;
"(iii) exercises wide latitude in discretionary decision-making; and
"(iv) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
"(C) If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the Attorney General shall take into account the reasonable needs of the organization, component, or function in light of the overall purpose and stage of development of the organization, component, or function. An individual shall not be considered to be acting in a managerial or executive capacity (as previously defined) merely on the basis of the number of employees that the
individual supervises or has supervised or directs or has directed.".
SEC. 124. TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES OPERATING IN HONG KONG.
(a) Additional Visa Numbers.--
(1) Treatment of principals.--In the case of any alien described in paragraph (3) with respect to whom a classification petition has been filed and approved under subsection (b), there shall be made available, in addition to the immigrant visas otherwise available in each of fiscal years 1991 through 1993 and without regard to section 202(a) of the Immigration and Nationality Act, up to 12,000 additional immigrant visas.
(2) Derivative relatives.--A spouse or child (as defined in section 101(b)(1) (A), (B), (C), (D), or (E) of the Immigration and Nationality Act) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, the alien's spouse or parent.
(3) Employees of certain united states businesses operating in hong kong.--An alien is described in this paragraph if the alien--
(A) is a resident of Hong Kong and is employed in Hong Kong (and has been so employed during the 12 previous, consecutive months) as an officer or supervisor or in a capacity that is managerial, executive, or involves specialized knowledge, by a business entity which (i) is owned and organized in the United States (or is the subsidiary or affiliate of a business owned and organized in the United States), (ii) employs at least 100 employees in the United States and at least 50 employees outside the United St
ates, and (iii) has a gross annual income of at least $50,000,000, and
(B) has an offer of employment from such business entity in the United States as an officer or supervisor or in a capacity that is managerial, executive, or involves specialized knowledge, which offer (i) is effective from the time of filing the petition for classification under this section through and including the time of entry into the United States and (ii) provides for salary and benefits comparable to the salary and benefits provided to others with similar responsibilities and experience within the s
ame company.
(b) Petitions.--Any employer desiring and intending to employ within the United States an alien described in subsection (a)(3) may file a petition with the Attorney General for such classification. No visa may be issued under subsection (a)(1) until such a petition has been approved.
(c) Allocation.--Visa numbers made available under subsection (a) shall be
made available in the order which petitions under subsection (b) are filed with the Attorney General.
(d) Definitions.--In this section:
(1) Executive capacity.--The term "executive capacity" has the meaning given such term in section 101(a)(44)(B) of the Immigration and Nationality Act, as added by section 123 of this Act.
(2) Managerial capacity.--The term "managerial capacity" has the meaning given such term in section 101(a)(44)(A) of the Immigration and Nationality Act, as added by section 123 of this Act.
(3) Officer.--The term "officer" means, with respect to a business entity, the chairman or vice-chairman of the board of directors of the entity, the chairman or vice-chairman of the executive committee of the board of directors, the president, any vice-president, any assistant vice-president, any senior trust officer, the secretary, any assistant secretary, the treasurer, any assistant treasurer, any trust officer or associate trust officer, the controller, any assistant controller, or any other officer of
the entity customarily performing functions similar to those performed by any of the above officers.
(4) Specialized knowledge.--The term "specialized knowledge" has the meaning given such term in section 214(c)(2)(B) of the Immigration and Nationality Act, as amended by section 206(b)(2) of this Act.
(5) Supervisor.--The term "supervisor" means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively recommend such action, if in connection with the foregoing the exercise of such authority is not merely of a routine or clerical nature, but requires the use of independent judgment.
PART 3--DIVERSITY IMMIGRANTS
SEC. 131. DIVERSITY IMMIGRANTS.
Section 203, as amended by sections 111 and 121 of this Act, is further amended by inserting after subsection (b) the following new subsection:
"(c) Diversity Immigrants.--
"(1) In general.--Except as provided in paragraph (2), aliens subject to the worldwide level specified in section 201(e) for diversity immigrants shall be allotted visas each fiscal year as follows:
"(A) Determination of preference immigration.--The Attorney General shall determine for the most recent previous 5-fiscal-year period for which data are available, the total number of aliens who are natives of each foreign state and who (i) were admitted or otherwise provided lawful permanent resident status (other than under this subsection) and (ii) were subjectto the numerical limitations of section 201(a) (other than paragraph (3) thereof) or who were admitted or otherwise provided lawful permanent resi
dent status as an immediate relative or other alien described in section 201(b)(2).
"(B) Identification of high-admission and low-admission regions and high-admission and low-admission states.--The Attorney General--
"(i) shall identify--
"(I) each region (each in this paragraph referred to as a 'high-admission region') for which the total of the numbers determined under subparagraph (A) for states in the region is greaterthan 1/6 of the total of all such numbers, and
"(II) each other region (each in this paragraph referred to as a 'low-admission region'); and
"(ii) shall identify--
"(I) each foreign state for which the numberdetermined under subparagraph (A) is greater than 50,000 (each such state in this paragraph referred to as a 'high-admission state'), and
"(II) each other foreign state (each such state in this paragraph referred to as a 'low-admission state').
"(C) Determination of percentage of worldwide immigration
attributable to high-admission regions.--The Attorney General all determine the percentage of the total of the numbers determined under subparagraph (A) that are numbers for foreign states in high- admission regions.
"(D) Determination of regional populations excluding high-admission states and ratios of populations of regions within low-admission regions and high-admission regions.--The Attorney General shall determine--
"(i) based on available estimates for each region, the total population of each region not including the population of any high-admission state;
"(ii) for each low-admission region, the ratio of the population of the region determined under clause (i) to the total of the populations determined under such clause for all the low-admission regions; and
"(iii) for each high-admission region, the ratio of the population of the region determined under clause (i) to the total of the populations determined under such clause for all the high-admission regions.
"(E) Distribution of visas.--
"(i) No visas for natives of high-admission states.--The percentage of visas made available under this paragraph to natives of a high-admission state is 0.
"(ii) For low-admission states in low-admission regions.--Subject to clauses (iv) and (v), the percentage of visas made available under this paragraph to natives (other than natives of a high-admission state) in alow-admission region is the product of--
"(I) the percentage determined under subparagraph (C), and
"(II) the population ratio for that region determined under subparagraph (D)(ii).
"(iii) For low-admission states in high-admission regions.--Subject to clauses (iv) and (v), the percentage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a high-admission region is the product of--
"(I) 100 percent minus the percentage determined under subparagraph (C), and
"(II) the population ratio for that region determined under subparagraph (D)(iii).
"(iv) Redistribution of unused visa numbers.--If the Secretary of State estimates that the number of immigrant visas to be issued to natives in any region for a fiscal year under this paragraph is less than the number of immigrant visas made available to such natives under this paragraph for the fiscal year, subject to clause (v), the excess visa numbers shall be made available to natives (other than natives of a high-admission state) of the other regions in proportion to the percentages othe
rwise specified in clauses (ii) and (iii).
"(v) Limitation on visas for natives of a single foreign state.--The percentage of visas made available under this paragraph to natives of any single foreign state for any fiscal year shall not exceed 7 percent.
"(F) Region defined.--Only for purposes of administering the diversity program under this subsection, Northern Ireland shall be treated as a separate foreign state, each colony or other component or dependent area of a foreign state overseas from the foreign state shall be treated as part of the foreign state, and the areas described in each of the following clauses shall be considered to be a separate region:
"(i) Africa.
"(ii) Asia.
"(iii) Europe.
"(iv) North America (other than Mexico).
"(v) Oceania.
"(vi) South America, Mexico, Central America, and the Caribbean.
"(2) Requirement of education or work experience.--An alien is not eligible for a visa under this subsection unless the alien--
"(A) has at least a high school education or its equivalent, or
"(B) has, within 5 years of the date of application for a visa under this subsection, at least 2 years of work experience in an occupation which requires at least 2 years of training or experience.
"(3) Maintenance of information.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under this subsection.".
SEC. 132. DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF CERTAIN ADVERSELY AFFECTED FOREIGN STATES.
(a) In General.--Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationality Act, there shall be made available to qualified immigrants described in subsection (b) 40,000 immigrant visas in each of fiscal years 1992, 1993, and 1994.
(b) Qualified Alien Described.--An alien described in this subsection is an alien who--
(1) is a native of a foreign state that is not contiguous to the United States and that was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986,
(2) has a firm commitment for employment in the United States for a period of at least 1 year (beginning on the date of admission under this section), and
(3) except as provided in subsection (c), is admissible as an immigrant.
(c) Distribution of Visa Numbers.--The Secretary of State shall provide for making immigrant visas provided under subsection (a) available in the chronological order in which aliens apply for each fiscal year, except that at least 40 percent of the number of such visas in each fiscal year shall be made available to natives of the foreign state the natives of which received the greatest number of visas issued under section 314 of the Immigration Reform and Control Act (or to aliens described in subsection (d
) who are the spouses or children of such natives).
(d) Derivative Status for Spouses and Children.--A spouse or child (as defined in section 101(b)(1) (A), (B), (C), (D), or (E) of the Immigration and Nationality Act) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, his spouse or parent.
(e) Waivers of Grounds of Exclusion.--In determining the admissibility of an alien provided a visa number under this section, the grounds of exclusion specified in paragraphs (5)(B) and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply, and the Attorney General shall waive the ground of exclusion specified in paragraph (6)(C) of such section, unless the Attorney General finds that such a waiver is not in the national interest.
(f) Application Fee.--The Secretary of State shall require payment of a reasonable fee for the filing of an application under this section in order to cover the costs of processing applications under this section.
SEC. 133. ONE-YEAR DIVERSITY TRANSITION FOR ALIENS WHO HAVE BEEN NOTIFIED OF AVAILABILITY OF NP-5 VISAS.
Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationality Act, there shall be made available in fiscal year 1991 immigrant visa numbers for qualified immigrants who--
(1) were notified by the Secretary of State before May 1, 1990, of their selection for issuance of a visa under section 314 of the Immigration Reform and Control Act of 1986, and
(2) are qualified for the issuance of such a visa but for (A) numerical and fiscal year limitations on the issuance of such visas, (B) section 212(a)(19) or 212(e) of the Immigration and Nationality Act, or (C) the fact that the immigrant was a national, but not a native, of a foreign
state described in section 314 of the Immigration Reform and Control Act of 1986.
Visas shall be made available under this section to spouses and children of qualified immigrants in the same manner as such visas were made available to such spouses and children under section 314 of the Immigration Reform and Control Act of 1986. The Attorney General may waive section 212(a)(19) of the Immigration and Nationality Act (or, on or after June 1, 1991, section 212(a)(6)(C) of such Act) in the case of qualified immigrants described in the first sentence of this section.
SEC. 134. TRANSITION FOR DISPLACED TIBETANS.
(a) In General.--Notwithstanding the numerical limitations in sections 201 and 202 of the Immigration and Nationality Act, there shall be made available to qualified displaced Tibetans described in subsection (b) 1,000 immigrant visas in the 3-fiscal-year period beginning with fiscal year 1991.
(b) Qualified Displaced Tibetan Described.--An alien described in this subsection is an alien who--
(1) is a native of Tibet, and
(2) since before date of the enactment of this Act, has been continuously residing in India or Nepal.
For purposes of paragraph (1), an alien shall be considered to be a native of Tibet if the alien was born in Tibet or is the son, daughter, grandson, or granddaughter of an individual born in Tibet.
(c) Distribution of Visa Numbers.--The Secretary of State shall provide for making immigrant visas provided under subsection (a) available to displaced aliens described in subsection (b) (or described in subsection (d) as the spouse or child of such an alien) in an equitable manner, giving preference to those aliens who are not firmly resettled in India or Nepal or who are most likely to be resettled successfully in the United States.
(d) Derivative Status for Spouses and Children.--A spouse or child (as defined in section 101(b)(1) (A), (B), (C), (D), or (E) of the Immigration and Nationality Act) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under this section, be entitled to the same status, and the same order of consideration, provided under this section, if accompanying, or following to join, his spouse or parent.
Subtitle C--Commission and Information
SEC. 141. COMMISSION ON LEGAL IMMIGRATION REFORM.
(a) Establishment and Composition of Commission.--(1) Effective October 1, 1991, there is established a Commission on Legal Immigration Reform (in this section referred to as the "Commission") which shall be composed of 9 members to be appointed as follows:
(A) One member who shall serve as Chairman, to be appointed by the President.
(B) Two members to be appointed by the Speaker of the House of Representatives who shall select such members from a list of nominees provided by the Chairman of the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary of the House of Representatives.
(C) Two members to be appointed by the Minority Leader of the House of Representatives who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration, Refugees, and International Law of the Committee on the Judiciary of the House of Representatives.
(D) Two members to be appointed by the Majority Leader of the Senate who shall select such members from a list of nominees provided by the Chairman of the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate.
(E) Two members to be appointed by the Minority Leader of the Senate who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration and Refugee Affairs of the Committee on the Judiciary of the Senate.
(2) Initial appointments to the Commission shall be made during the 45-day period beginning on October 1, 1991. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
(3) Members shall be appointed to serve for the life of the Commission, except that the term of the member described in paragraph (1)(A) shall expire at noon on January 20, 1993, and the President shall appoint an individual to serve for the remaining life of the Commission.
(b) Functions of Commission.--The Commission shall--
(1) review and evaluate the impact of this Act and the amendments made by this Act, in accordance with subsection (c); and
(2) transmit to the Congress--
(A) not later than September 30, 1994, a first report describing the progress made in carrying out paragraph (1), and
(B) not later than September 30, 1997, a final report setting forth the Commission's findings and recommendations, including such recommendations for additional changes that should be made with respect to legal immigration into the United States as the Commission deems appropriate.
(c) Considerations.--
(1) Particular considerations.--In particular, the Commission shall consider the following:
(A) The requirements of citizens of the United States and of aliens lawfully admitted for permanent residence to be joined in the United States by immediate family members and the impact which the establishment of a national level of immigration has upon the availability and priority of family preference visas.
(B) The impact of immigration and the implementation of the employment-based and diversity programs on labor needs, employment, and other economic and domestic conditions in the United States.
(C) The social, demographic, and natural resources impact of immigration.
(D) The impact of immigration on the foreign policy and national security interests of the United States.
(E) The impact of per country immigration levels onfamily-sponsored immigration.
(F) The impact of the numerical limitation on the adjustment of status of aliens granted asylum.
(G) The impact of the numerical limitations on the admission of nonimmigrants under section 214(g) of the Immigration and Nationality Act.
(2) Diversity program.--The Commission shall analyze the information maintained under section 203(c)(3) of the Immigration and Nationality Act and shall report to Congress in its report under subsection (b)(2) on--
(A) the characteristics of individuals admitted under section 203(c) of the Immigration and Nationality Act, and
(B) how such characteristics compare to the characteristics of family-sponsored immigrants and employment-based immigrants.
The Commission shall include in the report an assessment of the effect of the requirement of paragraph (2) of section 203(c) of the Immigration and Nationality Act on the diversity, educational, and skill level of aliens admitted.
(d) Compensation of Members.--(1) Each member of the Commission who is not an officer or employee of the Federal Government is entitled to receive, subject to such amounts as are provided in advance in appropriations Acts, pay at the daily equivalent of the minimum annual rate of basic pay in effect
for grade GS-18 of the General Schedule. Each member of the Commission who is such an officer or employee shall serve without additional pay.
(2) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence.
(e) Meetings, Staff, and Authority of Commission.--The provisions of subsections (e) through (g) of section 304 of the Immigration Reform and Control Act of 1986 shall apply to the Commission in the same manner as they apply to the Commission established under such section, except that paragraph (2) of subsection (e) thereof shall not apply.
(f) Authorization of Appropriations.--(1) There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section.
(2) Notwithstanding any other provision of this section, the authority to make payments, or to enter into contracts, under this section shall be effective only to such extent, or in such amounts, as are provided in advance in appropriations Acts.
(g) Termination Date.--The Commission shall terminate on the date on which a final report is required to be transmitted under subsection (b)(2)(B), except that the Commission may continue to function until January 1, 1998, for the purpose of concluding its activities, including providing testimony to standing committees of Congress concerning its final report under this section and disseminating that report.
(h) Congressional Response.--(1) No later than 90 days after the date of receipt of each report transmitted under subsection (b)(2), the Committees on the Judiciary of the House of Representatives and of the Senate shall initiate hearings to consider the findings and recommendations of the report.
(2) No later than 180 days after the date of receipt of such a report, each such Committee shall report to its respective House its oversight findings and any legislation it deems appropriate.
SEC. 142. STATISTICAL INFORMATION SYSTEM.
Section 103 (8 U.S.C. 1103) is amended by adding at the end the following new subsections:
"(c)(1) The Commissioner, in consultation with interested academicians, government agencies, and other parties, shall provide for a system for collection and dissemination, to Congress and the public, of information (not in individually identifiable form) useful in evaluating the social, economic, environmental, and demographic impact of immigration laws.
"(2) Such information shall include information on the alien population in the United States, on the rates of naturalization and emigration of resident aliens, on aliens who have been admitted, paroled, or granted asylum, on nonimmigrants in the United States (by occupation, basis for admission, and duration of stay), on aliens who have been excluded or deported from the United States, on the number of applications filed and granted for suspension
of deportation, and on the number of aliens estimated to be present unlawfully in the United States in each fiscal year.
"(3) Such system shall provide for the collection and dissemination of such information not less often than annually.
"(d)(1) The Commissioner shall submit to Congress annually a report which contains a summary of the information collected under subsection (c) and an analysis of trends in immigration and naturalization.
"(2) Each annual report shall include information on the number, and rate of denial administratively, of applications for naturalization, for each district office of the Service and by national origin group.".
Subtitle D--Miscellaneous
SEC. 151. REVISION OF SPECIAL IMMIGRANT PROVISIONS RELATING TO RELIGIOUS WORKERS (C SPECIAL IMMIGRANTS).
(a) In General.--Subparagraph (C) of section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended to read as follows:
"(C) an immigrant, and the immigrant's spouse and children if accompanying or following to join the immigrant, who--
"(i) for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious organization in the United States;
"(ii) seeks to enter the United States--
"(I) solely for the purpose of carrying on the vocation of a minister of that religious denomination,
"(II) before October 1, 1994, in order to work for the organization at the request of the organization in a professional capacity in a religious vocation or occupation, or
"(III) before October 1, 1994, in order to work for the organization (or for a bona fide organization which is affiliated with the religious denomination and is exempt from taxation as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986) at the request of the organization in a religious vocation or occupation; and
"(iii) has been carrying on such vocation, professional work, or other work continuously for at least the 2-year period described in clause (i);".
(b) Reference to New Nonimmigrant Classification.--For establishment of nonimmigrant classification for religious workers, see section 209.
SEC. 152. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED AT THE UNITED STATES MISSION IN HONG KONG (D SPECIAL IMMIGRANTS).
(a) In General.--Subject to subsection (c), an alien described in subsection (b) shall be treated as a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act.
(b) Aliens Covered.--An alien is described in this subsection if--
(1) the alien is--
(A) an employee at the United States consulate in Hong Kong under the authority of the Chief of Mission (including employment pursuant to section 5913 of title 5, United States Code) who has performed faithful service for a total of three years or more, or
(B) a member of the immediate family (as defined in 6 Foreign Affairs Manual 117k as of the date of the enactment of this Act) of an employee described in subparagraph (A) who has been living with the employee in the same household;
(2) the welfare of the employee or such an immediate family member is subject to a clear threat due directly to the employee's employment with the United States Government or under a United States Government official; and
(3) the principal officer in Hong Kong, in the officer's discretion, has recommended the granting of special immigrant status to such alien in exceptional circumstances and the Secretary of State approves such recommendation and finds that it is in the national interest to grant such status.
(c) Expiration.--Subsection (a) shall only apply to aliens who file an application for special immigrant status under this section by not later than January 1, 2002.
(d) Limited Waiver of Numerical Limitations.--The first 500 visas made available to aliens as special immigrants under this section shall not be counted against any numerical limitation established under section 201 or 202 of the Immigration and Nationality Act.
SEC. 153. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS DECLARED DEPENDENT ON A JUVENILE COURT (J SPECIAL IMMIGRANTS).
(a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended--
(1) by striking "or" at the end of subparagraph (H),
(2) by striking the period at the end of subparagraph (I) and inserting "; or", and
(3) by adding at the end the following new subparagraph:
"(J) an immigrant (i) who has been declared dependent on a juvenile court located in the United States and has been deemed eligible by that court for long-term foster care, and (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien's best interest to be returned to the alien's or parent's previous country of nationality or country of last habitual residence; except that no natural parent or prior adoptive parent of any alien provided special immigran
t status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act.".
(b) Waiver of Grounds for Deportation.--
(1) In general.--Section 241 (8 U.S.C. 1251) is amended by adding at the end the following new subsection:
"(h) Paragraphs (1), (2), (5), (9), or (12) of subsection 241(a) (other than so much of paragraph (1) as relates to a ground of exclusion described in paragraph (9), (10), (23), (27), (29), or (33) of section 212(a)) shall not apply to a special immigrant described in section 101(a)(27)(J) based upon circumstances that exist before the date the alien was provided such special immigrant status.".
(2) Use of new grounds for deportation.--Effective on the date that the amendments made by section 602 of this Act become effective, the subsection added by paragraph (1) is amended to read as follows:
"(h) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), or (3)(A), of subsection 241(a) (other than so much of paragraph (1) as relates to a ground of exclusion described in paragraph (2) or (3) of section 212(a)) shall not apply to a special immigrant described in section 101(a)(27)(J) based upon circumstances that exist before the date the alien was provided such special immigrant status.".
SEC. 154. PERMITTING EXTENSION OF PERIOD OF VALIDITY OF IMMIGRANT VISAS FOR CERTAIN RESIDENTS OF HONG KONG.
(a) Extending Period of Validity.--
(1) In general.--Subject to paragraph (2), the limitation on the period of validity of an immigrant visa under section 221(c) of the Immigration and Nationality Act shall not apply in the case of an immigrant visa issued, on or after the date of the enactment of this Act and before September 1, 2001, to an alien described in subsection (b), but only if--
(A) the alien elects, within the period of validity of the immigrant visa under such section, to have this section apply, and
(B) before the date the alien seeks to be admitted to the United States for lawful permanent residence, the alien notifies the appropriate consular officer of the alien's intention to seek such admission and provides such officer with such information as the officer determines to be necessary to verify that the alien remains eligible for admission to the United States as an immigrant.
(2) Limitation on extension.--In no case shall the period of validity of a visa be extended under paragraph (1) beyond January 1, 2002.
(3) Treatment under numerical limitations.--In applying the numerical limitations of sections 201 and 202 of the Immigration and Nationality Act in the case of aliens for whose visas the period of validity is extended under this section, such limitations shall only apply at the time of original issuance of the visas and not at the time of admission of such aliens.
(b) Aliens Covered.--An alien is described in this subsection if the alien--
(1)(A) is chargeable under section 202 of the Immigration and Nationality Act to Hong Kong, and
(B)(i) is residing in Hong Kong as of the date of the enactment of this Act and is issued an immigrant visa under paragraph (1), (2), (4), or (5) of section 203(a) the Immigration and Nationality Act (as in effect on the date of the enactment of this Act) or under section 203(a) or 203(b)(1) of such Act (as in effect on and after October 1, 1991), or (ii) is the spouse or child (as defined in subsection (d)) of an alien described in clause (i), if accompanying or following to join the alien in coming t
o the United States; or
(2) is issued a visa under section 124 of this Act.
(c) Treatment of Certain Employees in Hong Kong.--
(1) In general.--In applying the proviso of section 7 of the Central Intelligence Agency Act of 1949, in the case of an alien described in paragraph (2), the Director may charge the entry of the alien against the numerical limitation for any fiscal year (beginning with fiscal year 1991 and ending with fiscal year 1996) notwithstanding that the alien's entry is not made to the United States in that fiscal year so long as such entry is made before the end of fiscal year 1997.
(2) Aliens covered.--An alien is described in this paragraph if the alien--
(A) is an employee of the Foreign Broadcast Information Service in Hong Kong, or
(B) is the spouse or child (as defined in subsection (d)) of an alien described in subparagraph (A), if accompanying or following to join the alien in coming to the United States.
(3) Relation to similar provision.--The provisions of his subsection supersede section 403 of the Intelligence Authorization Act, Fiscal Year 1991.
(d) Treatment of Children.--In this section, the term "child" has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act and also includes (for purposes of this section and the Immigration and Nationality Act as it applies to this section) an alien who was the child (as so defined) of the alien as of the date of the issuance of an immigrant visa to the alien described in subsection (b)(1) or, in the case described in subsection (c), as of the date of charging of the entry of
the alien under the proviso under section 7 of the Central Intelligence Agency Act of 1949.
SEC. 155. EXPEDITED ISSUANCE OF LEBANESE SECOND AND FIFTH PREFERENCE VISAS.
(a) In General.--In the issuance of immigrant visas to certain Lebanese immigrants described in subsection (b) in fiscal years 1991 and 1992 and notwithstanding section 203(c) of the Immigration and Nationality Act (to the extent inconsistent with this section), the Secretary of State shall provide that immigrant visas which would otherwise be made available in the fiscal year shall be made available as early as possible in the fiscal year.
(b) Lebanese Immigrants Covered.--Lebanese immigrants described in this subsection are aliens who--
(1) are natives of Lebanon,
(2) are not firmly resettled in any foreign country outside Lebanon, and
(3) as of the date of the enactment of this Act, are the beneficiaries of a petition approved to accord status under section 203(a)(2) or 203(a)(5) of the Immigration and Nationality Act (as in effect as of the date of the enactment of this Act), or the child of such an alien if accompanying or following to join the alien.
Subtitle E--Effective Dates; Conforming Amendments
SEC. 161. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this section, the amendments made by this title shall take effect on October 1, 1991, and apply beginning with fiscal year 1992.
(b) Provisions Taking Effect Upon Enactment.--The following sections (and amendments made by such sections) shall take effect on the date of the enactment of this Act and (unless otherwise provided) apply to fiscal year 1991:
(1) Section 103 (relating to per country limitation for Hong Kong).
(2) Section 104 (relating to asylee adjustments).
(3) Section 124 (relating to transition for employees of certain U.S. businesses in Hong Kong).
(4) Section 133 (relating to one-year diversity transition for aliens who have been notified of availability of NP-5 visas).
(5) Section 134 (relating to transition for displaced Tibetans).
(6) Section 153 (relating to special immigrants who are dependent on a juvenile court).
(7) Section 154 (permitting extension of validity of visas for certain residents of Hong Kong).
(8) Section 155 (relating to expedited issuance of Lebanese second and fifth preference visas).
(9) Section 162(b) (relating to immigrant visa petitioning process), but only insofar as such section relates to visas for fiscal years beginning with fiscal year 1992.
(c) General Transitions.--
(1) In the case of a petition filed under section 204(a) of the Immigration and Nationality Act before October 1, 1991, for preference status under section 203(a)(3) or section 203(a)(6) of such Act (as in effect before such date)--
(A) in order to maintain the priority date with respect to such a petition, the petitioner must file (by not later than October 1, 1993) a new petition for classification of the employment under paragraph (1), (2), or (3) of section 203(b) of such Act (as amended by this title), and
(B) any labor certification under section 212(a)(5)(A) of such Act required with respect to the new petition shall be deemed approved if the labor certification with respect to the previous petition was previously approved under section 212(a)(14) of such Act.
(2) Any petition filed under section 204(a) of the Immigration and Nationality Act before October 1, 1991, for preference status under section 203(a)(4) or section 203(a)(5) of such Act (as in effect before such date) shall be deemed, as of such date, to be a petition filed under such section for preference status under section 203(a)(3) or section 203(a)(4), respectively, of such Act (as amended by this title).
(d) Admissibility Standards.--When an immigrant, in possession of an unexpired immigrant visa issued before October 1, 1991, makes application for admission, the immigrant's admissibility under paragraph (7)(A) of section 212(a) of the Immigration and Nationality Act shall be determined under the provisions of law in effect on the date of the issuance of such visa.
(e) Construction.--Nothing in this title shall be construed as affecting the provisions of section 19 of Public Law 97-116, section 2(c)(1) of Public Law 97-271, or section 202(e) of Public Law 99-603.
SEC. 162. CONFORMING AMENDMENTS.
(a) Restatement of Derivative Status, Order of Consideration, Etc.--(1) Section 203, as amended by subtitle B, is further amended by striking all that follows subsection (c) and inserting the following:
"(d) Treatment of Family Members.--A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
"(e) Order of Consideration.--(1) Immigrant visas made available under subsection (a) or (b) shall be issued to eligible immigrants in the order in which a petition in behalf of each such immigrant is filed with the Attorney General (or in the case of special immigrants under section 101(a)(27)(D), with the Secretary of State) as provided in section 204(a).
"(2) Immigrant visa numbers made available under subsection (c) (relating to diversity immigrants) shall be issued to eligible qualified immigrants strictly in a random order established by the Secretary of State for the fiscal year involved.
"(3) Waiting lists of applicants for visas under this section shall be maintained in accordance with regulations prescribed by the Secretary of State.
"(f) Presumption.--Every immigrant shall be presumed not to be described in subsection (a) or (b) of this section, section 101(a)(27), or section 201(b)(2), until the immigrant establishes to the satisfaction of the consular officer and the immigration officer that the immigrant is so described. In the case of any alien claiming in his application for an immigrant visa to be described in section 201(b)(1) or in subsection (a) or (b) of this section, the consular officer shall not grant such status until he
has been authorized to do so as provided by section 204.
"(g) Lists.--For purposes of carrying out the Secretary's responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa with
in one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.".
(2) Nothing in this Act may be construed as continuing the availability of visas under section 203(a)(7) of the Immigration and Nationality Act, as in effect before the date of enactment of this Act.
(b) Changes in Petitioning Procedure.--Section 204 (8 U.S.C. 1154) is amended--
(1) in subsection (a), by striking "(a)(1)" and all that follows through the end of paragraph (1) and inserting the following:
"(a)(1)(A) Any citizen of the United States claiming that an alien is entitled to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or to an immediate relative status under section 201(b)(2)(A)(i) may file a petition with the Attorney General for such classification.
"(B) Any alien lawfully admitted for permanent residence claiming that an alien is entitled to a classification by reason of the relationship described in section 203(a)(2) may file a petition with the Attorney General for such classification.
"(C) Any alien desiring to be classified under section 203(b)(1)(A), or any person on behalf of such an alien, may file a petition with the Attorney General for such classification.
"(D) Any employer desiring and intending to employ within the United States an alien entitled to classification under section 203(b)(1)(B), 203(b)(1)(C), 203(b)(2), or 203(b)(3) may file a petition with the Attorney General for such classification.
"(E)(i) Any alien (other than a special immigrant under section 101(a)(27)(D)) desiring to be classified under section 203(b)(4), or any person on behalf of such an alien, may file a petition with the Attorney General for such classification.
"(ii) Aliens claiming status as a special immigrant under section 101(a)(27)(D) may file a petition only with the Secretary of State and only after notification by the Secretary that such status has been recommended and approved pursuant to such section.
"(F) Any alien desiring to be classified under section 203(b)(5) may file a petition with the Secretary of State for such classification.
"(G)(i) Any alien desiring to be provided an immigrant visa under section 203(c) may file a petition at the place and time determined by the Secretary of State by regulation. Only one such petition may be filed by an alien with respect to any petitioning period established. If more than one petition is submitted all such petitions submitted for such period by the alien shall be voided.
"(ii)(I) The Secretary of State shall designate a period for the filing of petitions with respect to visas which may be issued under section 203(c) for the fiscal year beginning after the end of the period.
"(II) Aliens who qualify, through random selection, for a visa under section 203(c) shall remain eligible to receive such visa only through the end of the specific fiscal year for which they were selected.
"(III) The Secretary of State shall prescribe such regulations as may be necessary to carry out this clause.
"(iii) A petition or registration under this subparagraph shall be in such form as the Secretary of State may by regulation prescribe and shall contain such information and be supported by such documentary evidence as the Secretary of State may require.";
(2) in subsection (b)--
(A) by striking "section 203(a) (3) or (6)" and inserting "section 203(b)(2) or 203(b)(3)", and
(B) by striking "a preference status under section 203(a)" and inserting "preference under subsection (a) or (b) of section 203";
(3) in subsection (e), by striking "preference immigrant under section 203(a)" and inserting "immigrant under subsection (a), (b), or (c) of section 203";
(4) in subsection (g)(1), by striking "203(a)(4)" and inserting "203(a)(3)";
(5) by striking subsection (f); and
(6) by redesignating subsections (g) and (h) as (f) and (g), respectively.
(e) Additional Conforming Amendments.--
(1) Section 212(a)(5) (8 U.S.C. 1182(a)(5)), as amended by section 601(a) of this Act, is amended--
(A) in subparagraph (A), by striking "Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor" and inserting "Any alien who seeks admission or status as an immigrant under paragraph (2) or (3) of section 203(b)",
(B) in subparagraph (B), by inserting "who seeks admission or status as an immigrant under paragraph (2) or (3) of section 203(b)" after "An alien" the first place it appears, and
(C) by striking subparagraph (C).
(2) Section 244(d) (8 U.S.C. 1254(d)) is amended by striking ", and unless" and all that follows through "then current".
(3) Section 245(b) (8 U.S.C. 1255(b)) is amended--
(A) by striking "or nonpreference",
(B) by striking "202(e) or 203(a)" and inserting "201(a)", and
(C) by striking "for the fiscal year then current" and inserting "for the succeeding fiscal year".
(4) Section 3304(a)(14)(A) of the Internal Revenue Code of 1986 is amended by striking "section 203(a)(7) or".
(5) Section 1614(a)(1)(B)(i) of the Social Security Act is amended by striking "section 203(a)(7) or".
(6) Section 2(c)(4) of the Virgin Islands Nonimmigrant Alien Adjustment Act of 1982 (Public Law 97-271) is amended by inserting before the period at the end the following: "(as in effect before October 1, 1991) or by reason of the relationship described in section 203(a)(2), 203(a)(3), or 203(a)(4), or 201(b)(2)(A)(i), respectively, of such Act (as in effect on or after such date)".
(f) Technical Corrections to Immigration Nursing Relief Act of 1989.--
(1) Section 2(b) of the Immigration Nursing Relief Act of 1989 (Public Law 101-238) is amended--
(A) by striking "December 31, 1989" and inserting "September 1, 1989",
(B) by striking "in the lawful status" and inserting "in the status",
(C) by inserting "unauthorized employment performed before the date of the enactment of the Immigration Act of 1990 shall not be taken into account in applying section 245(c)(2) of the Immigration and Nationality Act and" after "spouse or child of such an alien,", and
(D) by striking "lawful status as such a nonimmigrant" and all that follows through "subsection (a)" and inserting "lawful status throughout his or her stay in the United States as a nonimmigrant until the end of the 120-day period beginning on the date the Attorney General promulgates regulations carrying out the amendments made by section 162(f)(1) of the Immigration Act of 1990".
(2)(A) Section 101(a)(15)(H)(i)(a) (8 U.S.C. 101(a)(15)(H)(i)(a)) is amended by striking "for the facility for which the alien will perform the services, or" and inserting "for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the alien's employer or controlled by the employer) for which the alien will performthe services, or".
(B) Section 212(m)(2)(A) (8 U.S.C. 1182(m)(2)(A)) is amended--
(i) by striking ", with respect to a facility for which an alien will perform services,",
(ii) in clause (iii), by inserting "employed by the facility" after "The alien", and
(iii) by adding at the end the following: "In the case of an alien for whom an employer has filed an attestation under this subparagraph and who is performing services at a worksite other than the employer's or other than a worksite controlled by the employer, the Secretary may waive such requirements for the attestation for the worksite as may be appropriate in order to avoidduplicative attestations, in cases of temporary, emergency circumstances, with respect to information not within the knowledge of the
attestor, or for other good cause.".
(3) The amendments made by this subsection shall apply as though included in the enactment of the Immigration Nursing Relief Act of 1989.
TITLE II--NONIMMIGRANTS
Subtitle A--General and Permanent Provisions
SEC. 201. REVISION AND EXTENSION OF THE VISA WAIVER PILOT PROGRAM FOR FOREIGN TOURISTS (B NONIMMIGRANTS).
(a) In General.--Section 217 (8 U.S.C. 1187) is amended--
(1) in subsection (a)(2), by inserting ", and presents a passport issued by," after "is a national of";
(2) in subsection (a)(3)--
(A) by striking "entry control and waiver forms" and inserting "immigration forms", and
(B) by striking all that follows "such admission" and inserting "completes such immigration form as the Attorney General shall establish.";
(3) by striking paragraph (4) of subsection (a) and inserting the following:
"(4) Entry by sea or air.--If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier which has entered into an agreement with the Service to guarantee transport of the alien out of the United States if the alien is found inadmissible or deportable by an immigration officer.";
(4) by adding at the end of subsection (a) the following new paragraph:
"(7) Round-trip ticket.--The alien is in possession of a round-trip transportation ticket (unless this requirement is waived by the Attorney General under regulations).";
(5) in subsection (b)--
(A) by striking the heading and paragraphs (1) through (3), and
(B) by redesignating paragraph (4) (and subparagraphs (A) and (B) thereof) as subsection (b) (and paragraphs (1) and (2) thereof, respectively), and moving the indentation of such redesignated subsection and paragraphs 2 ems to the left;
(6) in subsection (c)--
(A) in paragraph (1)--
(i) by striking "Up to 8 countries" in the heading and inserting "In general", and
(ii) by striking all that follows "may designate" and inserting "any country as a pilot program country if it meets the requirements of paragraph (2)."; and
(B) in paragraph (2)--
(i) by striking "Initial qualifications" in the heading and inserting "Qualifications",
(ii) by striking "For the initial period described in paragraph (4), a country" and inserting "A country", and
(iii) by adding at the end the following new subparagraphs:
"(C) Machine readable passport program.--The government of the country certifies that it has or is in the process of developing a program to issue machine-readable passports to its citizens.
"(D) Law enforcement interests.--The Attorney General determines that the United States law enforcement interests would not be compromised by the designation of the country.";
(7) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection:
"(d) Authority.--Notwithstanding any other provision of this section, the Attorney General and the Secretary of State, acting jointly, may for any reason (including national security) refrain from waiving the visa requirement in respect to nationals of any country which may otherwise qualify for designation or may, at any time, rescind any waiver or designation previously granted under this section.";
(8) in subsection (e)(1), as so redesignated--
(A) by striking "and" at the end of subparagraph (A),
(B) by striking the period at the end of subparagraph (B) and inserting ", and", and
(C) by adding at the end the following new subparagraph:
"(C) to be subject to the imposition of fines resulting from the transporting into the United States of a national of a designated country without a passport pursuant to regulations promulgated by the Attorney General."; and
(9) in subsection (f), as so redesignated, by striking all that follows "the period beginning" and inserting "on October 1, 1988, and ending on September 30, 1994.".
(b) Penalty for Transport of Aliens Without Valid Visas.--Section 273 (8 U.S.C. 1323) is amended--
(1) in subsection (a), by inserting "a valid passport and" before "an unexpired visa", and
(2) in subsection (c), by inserting "valid passport or" before "visa was required".
(c) Report.--By not later than January 1, 1992, the Attorney General, in consultation with the Secretary of State, shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report on the operation of the automated data arrival and departure control system for foreign visitors and on admission refusals and overstays for such visitors who have entered under the visa waiver program.
(d) Effective Date.--The amendments made by this section shall take effect as of the date of the enactment of this Act.
SEC. 202. DENIAL OF CREWMEMBER STATUS IN THE CASE OF CERTAIN LABOR DISPUTES (D NONIMMIGRANTS).
(a) In General.--Section 214 (8 U.S.C. 1184) is amended by adding at the end the following new subsection:
"(f)(1) Except as provided in paragraph (3), no alien shall be entitled to nonimmigrant status described in section 101(a)(15)(D) if the alien intends to land for the purpose of performing service on board a vessel of the United States (as defined in section 2101(46) of title 46, United States Code) or on an aircraft of an air carrier (as defined in section 101(3) of the Federal Aviation Act of 1958) during a labor dispute where there is a strike or
lockout in the bargaining unit of the employer in which the alien intends to perform such service.
"(2) An alien described in paragraph (1)--
"(A) may not be paroled into the United States pursuant to section 212(d)(5) unless the Attorney General determines that the parole of such alien is necessary to protect the national security of the United States; and
"(B) shall be considered not to be a bona fide crewman for purposes of section 252(b).
"(3) Paragraph (1) shall not apply to an alien if the air carrier or owner or operator of such vessel that employs the alien provides documentation that satisfies the Attorney General that the alien--
"(A) has been an employee of such employer for a period of not less than 1 year preceding the date that a strike or lawful lockout commenced;
"(B) has served as a qualified crewman for such employer at least once in each of 3 months during the 12-month period preceding such date; and
"(C) shall continue to provide the same services that such alien provided as such a crewman.".
(b) Conforming Amendment.--Section 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)) is amended by inserting "or in section 214(f)" after "except as provided in subparagraph (B)".
(c) Effective Date.--The amendments made by this section shall take effect 60 days after the date of the enactment of this Act.
SEC. 203. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEN (D NONIMMIGRANTS).
(a) Limitation on Aliens.--
(1) In general.--Chapter 6 of title II is amended by adding at the end the following new section:
"LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEN
"Sec. 258. (a) In General.--For purposes of section 101(a)(15)(D)(i), the term 'normal operation and service on board a vessel' does not include any activity that is longshore work (as defined in subsection (b)), except as provided under subsection (c) or subsection (d).
"(b) Longshore Work Defined.--
"(1) In general.--In this section, except as provided in paragraph (2), the term 'longshore work' means any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go, in the United States or the coastal waters thereof.
"(2) Exception for safety and environmental protection.--The term 'longshore work' does not include the loading or unloading of any cargo for which the Secretary of Transportation has, under the authority contained in chapter 37 of title 46, United States Code (relating to Carriage of Liquid Bulk Dangerous Cargoes), section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), section 4106 of the Oil Pollution Act of 1990, or section 105 or 106 of the Hazardous Materials Transportation Act (49 U.
S.C. App. 1804,1805) prescribed regulations which govern--
"(A) the handling or stowage of such cargo,
"(B) the manning of vessels and the duties, qualifications, and training of the officers and crew of vessels carrying such cargo, and
"(C) the reduction or elimination of discharge during ballasting, tank cleaning, handling of such cargo.
"(3) Construction.--Nothing in this section shall be construed as broadening, limiting, or otherwise modifying the meaning or scope of longshore work for purposes of any other law, collective bargaining agreement, or international agreement.
"(c) Prevailing Practice Exception.--(1) Subsection (a) shall not apply to a particular activity of longshore work in and about a local port if--
"(A)(i) there is in effect in the local port one or more collective bargaining agreements each covering at least 30 percent of the number of individuals employed in performing longshore work and (ii) each such agreement (covering such percentage of longshore workers) permits the activity to be performed by alien crewmen under the terms of such agreement; or
"(B) there is no collective bargaining agreement in effect in the local port covering at least 30 percent of the number of individuals employed in performing longshore work, and an employer of alien crewmen (or the employer's designated agent or representative) has filed with the Secretary of Labor at least 14 days before the date of performance of the activity (or later, if necessary due to an unanticipated emergency, but not later than the date of performance of the activity) an attestation setting forth
facts and evidence to show that--
"(i) the performance of the activity by alien crewmen is permitted under the prevailing practice of the particular port as of the date of filing of the attestation and that the use of alien crewmen for such activity--
"(I) is not during a strike or lockout in the course of a labor dispute, and
"(II) is not intended or designed to influence an election of a bargaining representative for workers in the local port; and
"(ii) notice of the attestation has been provided by the owner, agent, consignee, master, or commanding officer to the bargaining representative of longshore workers in the local port, or, where there is no such bargaining representative, notice of the attestation has been provided to longshore workers employed at the local port.
In applying subparagraph (B) in the case of a particular activity of longshore work consisting of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel, the attestation shall be required to be filed only if the Secretary of Labor finds, based on a preponderance of the evidence which may be submitted by any interested party, that the performance of such particular activity is not described in clause (i) of such subparagraph.
"(2) Subject to paragraph (4), an attestation under paragraph (1)
shall--
"(A) expire at the end of the 1-year period beginning on the date of its filing with the Secretary of Labor, and
"(B) apply to aliens arriving in the United States during such 1-year period if the owner, agent, consignee, master, or commanding officer states in each such list under section 251 that it continues to comply with the conditions in the attestation.
"(3) An owner, agent, consignee, master, or commanding officer may meet the requirements under this subsection with respect to more than one alien crewman in a single list.
"(4)(A) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying owners, agents, consignees, masters, or commanding officers which have filed lists for nonimmigrants described in section 101(a)(15)(D)(i) with respect to whom an attestation under paragraph (1) is made and, for each such entity, a copy of the entity's attestation under paragraph (1) (and accompanying documentation) and each such list filed by the entity.
"(B)(i) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting an entity's failure to meet conditions attested to, an entity's misrepresentation of a material fact in an attestation, or, in the case described in the last sentence of paragraph (1), whether the performance of the particular activity is or is not described in paragraph (1)(B)(i).
"(ii) Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary).
"(iii) The Secretary shall promptly conduct an investigation under this subparagraph if there is reasonable cause to believe that an entity fails to meet conditions attested to, an entity has misrepresented a material fact in the attestation, or, in the case described in the last sentence of paragraph (1), the performance of the particular activity is not described in paragraph (1)(B)(i).
"(C)(i) If the Secretary determines that reasonable cause exists to conduct an investigation with respect to an attestation, a complaining party may request that the activities attested to by the employer cease during the hearing process described in subparagraph (D). If such a request is made, the attesting employer shall be issued notice of such request and shall respond within 14 days to the notice. If the Secretary makes an initial determination that the complaining party's position is supported by a pr
eponderance of the evidence submitted, the Secretary shall require immediately that the employer cease and desist from such activities until completion of the process described in subparagraph (D).
"(ii) If the Secretary determines that reasonable cause exists to conduct an investigation with respect to a matter under the last sentence of paragraph (1), a complaining party may request that the activities of the employer cease during the hearing process described in subparagraph (D) unless the employer files with the Secretary of Labor an attestation under paragraph (1). If such a request is made, the employer shall be issued notice of such request and shall respond within 14 days to the notice. If the
Secretary makes an initial determination that the complaining party's position is supported by a preponderance of the evidence submitted, the Secretary shall require immediately that the employer cease and desist from such activities until completion of the process described in subparagraph (D) unless the employer files with the Secretary of Labor an attestation under paragraph (1).
"(D) Under the process established under subparagraph (B), the Secretary shall provide, within 180 days after the date a complaint is filed (or later for good cause shown), for a determination as to whether or not a basis exists to make a finding described in subparagraph (E). The Secretary shall provide notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination.
"(E)(i) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an entity has failed to meet a condition attested to or has made a misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 for each alien crewman performing unauthorized longshore work) as the Secretary determines to be appro
priate. Upon receipt of such notice, the Attorney General shall not permit the vessels owned or chartered by such entity to enter any port of the United States during a period of up to 1 year.
"(ii) If the Secretary of Labor finds, after notice and opportunity for a hearing, that, in the case described in the last sentence of paragraph (1), the performance of the particular activity is not described in subparagraph (B)(i), the Secretary shall notify the Attorney General of such finding and, thereafter, the attestation described in paragraph (1) shall be required of the employer for the performance of the particular activity.
"(F) A finding by the Secretary of Labor under this paragraph that the performance of an activity by alien crewmen is not permitted under the prevailing practice of a local port shall preclude for one year the filing of a subsequent attestation concerning such activity in the port under paragraph (1).
"(d) Reciprocity Exception.--
"(1) In general.--Subject to the determination of the ecretary of State pursuant to paragraph (2), the Attorney General shall permit an alien crewman to perform an activity constituting longshore work if--
"(A) the vessel is registered in a country that by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels; and
"(B) nationals of a country (or countries) which by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels hold a majority of the ownership interest in the vessel.
"(2) Establishment of list.--The Secretary of State shall, in accordance with section 553 of title 5, United States Code, compile and annually maintain a list, oflongshore work by particular activity, of countries where performance of such a particular activity by crewmembers aboard United States vessels is prohibited by law, regulation, or in practice in the country. By not later than 90 days after the date of the enactment of this section, the Secretary shall publish a notice of proposed rulemaking to est
ablish such list. The Secretary shall first establish such list by not later than 180 days after the date of the enactment of this section.
"(3) In practice defined.--For purposes of this subsection, the term 'in practice' refers to an activity normally performed in such country during the one-year period preceding the arrival of such vessel into the United States or coastal waters thereof.".
(2) No application to citizens or nationals of the united states.--This section does not affect the performance of longshore work in the United States by citizens or nationals of the United States.
(3) Clerical amendment.--The table of contents is amended by inserting after the item relating to section 257 the following new item:
"Sec. 258. Limitations on performance of longshore work by alien crewmen.".
(b) Penalties.--Section 251(d) (8 U.S.C. 1281(d)) is amended--
(1) in the first sentence by striking "pay to" and all that follows through "$10" and inserting "pay to the Commissioner the sum of $200"; and
(2) by inserting after the first sentence the following: "In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in section 101(a)(15)(D)(i) to perform longshore work not included in the normal operation and service on board the vessel under section 258, the owner,agent, charterer, master, or commanding officer shall pay to the Commissioner the sum of $5,000, and such fine shall be a lien against the vessel.".
(c) Conforming Amendments.--Section 101(a)(15)(D)(i) (8 U.S.C.1101(a)(15)(D)(i)) is amended--
(1) by striking "any capacity" and inserting "a capacity", and
(2) by inserting ", as defined in section 258(a)" after"on board a vessel".
(d) Effective Date.--The amendments made by this section shall apply to services performed on or after 180 days after the date of the enactment of this Act.
SEC. 204. TREATY TRADERS (E NONIMMIGRANTS).
(a) Including Trade in Services and Technology.--Section 101(a)(15)(E)(i) (8 U.S.C. 1101(a)(15)(E)(i)) is amended by inserting ", including trade in services or trade in technology" after "substantial trade".
(b) Application of Treaty Trader for Certain Foreign States.--Each of the following foreign states shall be considered, for purposes of section 101(a)(15)(E) of the Immigration and Nationality Act, to be a foreign state described in such section if the foreign state extends reciprocal nonimmigrant treatment to nationals of the United States:
(1) The largest foreign state in each region (as defined in section 203(c)(1) of the Immigration and Nationality Act) which (A) has 1 or more dependent areas (as determined for purposes of section 202 of such Act) and (B) does not have a treaty of commerce and navigation with the United States.
(2) The foreign state which (A) was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 and (B) does not have a treaty of commerce and navigation with the United States, but (C) had such a treaty with the United States before 1925.
(c) Substantial Defined.--Section 101(a), as amended by section 123 of this Act, is further amended by adding at the end the following new paragraph:
"(45) The term 'substantial' means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.".
SEC. 205. TEMPORARY WORKERS AND TRAINEES (H NONIMMIGRANTS).
(a) Limitation on Numbers.--Section 214 (8 U.S.C. 1184), as amended by section 202(a), is amended by adding at the end the following new subsection:
"(g)(1) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)--
"(A) under section 101(a)(15)(H)(i)(b) may not exceed 65,000,
"(B) under section 101(a)(15)(H)(ii)(b) may not exceed 66,000, or
"(C) under section 101(a)(15)(P)(i) or section 101(a)(15)(P)(iii) may not exceed 25,000.
"(2) The numerical limitations of paragraph (1) shall only apply to principal aliens and not to the spouses or children of such aliens.
"(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status.
"(4) In the case of a nonimmigrant described in section 101(a)(15)(H)(i)(b), the period of authorized admission as such a nonimmigrant may not exceed 6 years.".
(b) Construction Respecting Intent With Respect to Abandonment of Foreign Residence.--Section 214, as amended by section 202(a) and by subsection (a), is further amended--
(1) in subsection (b), by inserting "(other than a nonimmigrant described in subparagraph (H)(i) or (L) of section 101(a)(15))" after "Every alien", and
(2) by adding at the end the following new subsection:
"(h) The fact that an alien is the beneficiary of an application for a preference status filed under section 204 or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i) or (L) of section 101(a)(15) or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status
under section 248 to a classification as such a nonimmigrant before the alien's most recent departure from the United States.".
(c) Revision of H-1B Category.--
(1) In general.--Subclause (b) of section 101(a)(15)(H)(i) (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking "who is of distinguished" and all that follows through "such institution or agency" and inserting the following: "who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described
in section 214(i)(1), who meets the requirements for the occupation specified in section 214(i)(2), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with, and had approved by, the Secretary an application under section 212(n)(1)".
(2) Specialty occupation defined.--Section 214, as amended by section 202(a) and subsections (a) and (b), is further amended by adding at the end the following new subsection:
"(i)(1) For purposes of section 101(a)(15)(H)(i)(b) and paragraph (2), the term 'specialty occupation' means an occupation that requires--
"(A) theoretical and practical application of a body of highly specialized knowledge, and
"(B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
"(2) For purposes of section 101(a)(15)(H)(i)(b), the requirements of this paragraph, with respect to a specialty occupation, are--
"(A) full state licensure to practice in the occupation, if such licensure is required to practice in the occupation,
"(B) completion of the degree described in paragraph (1)(B) for the occupation, or
"(C)(i) experience in the specialty equivalent to the completion of such degree, and (ii) recognition of expertise in the specialty through progressively responsible positions relating to the specialty.".
(3) Labor condition application for h-1b.--Section 212 is amended by adding at the end the following new subsection:
"(n)(1) No alien may be admitted or provided status as a nonimmigrant described in section 101(a)(15)(H)(i)(b) in an occupational classification unless the employer has filed with the Secretary of Labor an application stating the following:
"(A) The employer--
"(i) is offering and will offer during the period of authorized employment to aliens and to other individuals employed in the occupational classification and in the area of employment wages that are at least--
"(I) the actual wage level for the occupational classification at the place of employment, or
"(II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, determined as of the time of filing the application, and
"(ii) will provide working conditions for such aliens that will not adversely affect the working conditions of workers similarly employed.
"(B) There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment.
"(C) The employer, at the time of filing the application--
"(i) has provided notice of the filing under this paragraph to the bargaining representative (if any) of the employer's employees in the occupational classification and area for which aliens are sought, or
"(ii) if there is no such bargaining representative, as posted notice of filing in conspicuous locations at the place of employment.
"(D) The application shall contain a specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage rate and conditions under which they will be employed. The employer shall make available for public examination, within one working day after the date on which an application under this paragraph is filed, at the employer's principal place of business or worksite, a copy of each such application (and accompanying documentation). The Secretary sha
ll compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subsection. Such list shall include the wage rate, number of aliens sought, period of intended employment, and date of need. The Secretary shall make such list available for public examination in Washington, D.C.
"(2)(A) The Secretary shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner's failure to meet a condition specified in an application submitted under paragraph (1) or a petitioner's misrepresentation of material facts in such an application. Complaints may be filed by any aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation
unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary shall conduct an investigation under this paragraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred.
"(B) Under such process, the Secretary shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Secretary determines that such a reasonable basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code, within 60 days afte
r the date of the determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In the case of similar complaints respecting the same applicant, the Secretary may consolidate the hearings under this subparagraph on such complaints.
"(C) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition (or a substantial failure in the case of a condition described in subparagraph (C) or (D) of paragraph (1)) or misrepresentation of material fact in an application--
"(i) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate, and
"(ii) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 1 year for aliens to be employed by the employer.
"(D) In addition to the sanctions provided under subparagraph (C), if the Secretary finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level specified under the application and required under paragraph (1), the Secretary shall order the employer to provide for payment of such amounts of back pay as may be required to comply with the requirements of paragraph (1).".
(d) Limitation on Trainees.--Section 101(a)(15)(H)(iii) (8 U.S.C. 1101(a)(15)(H)(iii)) is amended by inserting before the semicolon at the end the following: ", in a training program that is not designed primarily to provide productive employment".
(e) Removal of Foreign Residence Requirement for H-1 Nonimmigrants.-- Section 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is amended--
(1) by striking "having a residence in a foreign country which he has no intention of abandoning";
(2) in clause (ii), by striking "who is coming temporarily to the United States (a)" and inserting "(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States";
(3) in clause (ii)(b), by inserting "having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States" immediately after "(b)"; and
(4) in clause (iii), by inserting "having a residence in a foreign country which he has no intention of abandoning" after "(iii)".
SEC. 206. INTRA-COMPANY TRANSFEREES (L NONIMMIGRANTS).
(a) CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL ACCOUNTING AND MANAGEMENT CONSULTING FIRMS.-- In applying sections 101(a)(15)(L) and 203(b)(1)(C) of the Immigration and Nationality Act, and for no other purpose, in the case of a partnership that is organized in the United States to provide accounting or management consulting services and that markets its accounting and management consulting services under an internationally recognized name under an agreement with a worldwide coordinating organizatio
n that is collectively owned and controlled by the member accounting and management consulting firms, or by the elected members( partners, shareholders, members, employees) thereof, an entity that is organized outside the United States to provide accounting or management consulting services shall be considered to be an afiliate of the United States accounting or management consulting partnership if it markets its accounting or management consulting services under the same internationally recognized name dir
ectly or indirectly under an agreement with the same worldwide coordinating organization of which the United States partnership is also a member. Those partnerships organized within the United States and entities organized outside the United States which are considered affiliates under this subsectioin shall continue to be considered affiliates to the extent such firms enter into a plan of association with a successor worldwide coordinating organization, which need not be collectively owned and controlled.
(b) Use of Blanket Petitions; Deadlines for Processing; Periods of Authorized Stay; Construction.--Section 214(c) (8 U.S.C. 1184(c)) is amended--
(1) by inserting "(1)" after "(c)", and
(2) by adding at the end the following new paragraph:
"(2)(A) The Attorney General shall provide for a procedure under which an importing employer which meets requirements established by the Attorney General may file a blanket petition to import aliens as nonimmigrants described in section 101(a)(15)(L) instead of filing individuals petitions under paragraph (1) to import such aliens. Such procedure shall permit the expedited processing of visas for entry of aliens covered under such a
petition.
"(B) For purposes of section 101(a)(15)(L), an alien is considered to be serving in a capacity involving specialized knowledge with respect to a company if the alien has a special knowledge of the company product and its application in international markets or has an advanced level of knowledge of
processes and procedures of the company.
"(C) The Attorney General shall provide a process for reviewing and acting upon petitions under this subsection with respect to nonimmigrants described in section 101(a)(15)(L) within 30 days after the date a completed petition has been filed.
"(D) The period of authorized admission for--
"(i) a nonimmigrant admitted to render services in a managerial or executive capacity under section 101(a)(15)(L) shall not exceed 7 years or
"(ii) a nonimmigrant admitted to render services in a capacity that involved specialized knowledge under section 101(a)(15)(L) shall not exceed 5 years.".
(c) Period of Prior Employment with Company.--Section 101(a)(15)(L) (8 U.S.C. 1101(a)(15)(L)) is amended by striking "immediately preceding" and inserting "within 3 years preceding".
SEC. 207. NEW CLASSIFICATION FOR ALIENS WITH EXTRAORDINARY ABILITY, ACCOMPANYING ALIENS, AND ATHLETES AND ENTERTAINERS (O & P NONIMMIGRANTS).
(a) In General.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
(1) by striking "or" at the end of subparagraph (M),
(2) by striking the period at the end of subparagraph (N) and inserting a semicolon, and
(3) by adding at the end the following new subparagraphs:
"(O) an alien who--
"(i) has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United States to continue work in the area of extraordinary ability, but only if the Attorney General determines that the a
lien's entry into the United States will substantially benefit prospectively the United States; or
"(ii)(I) seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted under clause (i) for a specific event or events,
"(II) is an integral part of such actual performance,
"(III)(a) has critical skills and experience with such alien which are not of a general nature and which cannot be performed by other individuals, or (b) in the case of a motion picture or television production, has skills and experience with such alien which are not of a general nature and which are critical either based on a pre- existing longstanding working relationship or, with respect to the specific production, because significant principal photography will take place both inside and outside the Unit
ed States and the continuing participation of the alien is essential to the successful completion of the production, and
"(IV) has a foreign residence which the alien has no intention of abandoning; or
"(iii) is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien; or
"(P) an alien having a foreign residence which the alien has no intention of abandoning who--
"(i)(I) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or performs as part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time and has had a sustained and substantial relationship with that group over a period of at least 1 year and provides functions integral to the performance of the group, and
"(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete or entertainer with respect to a specific athletic competition or performance;
"(ii)(I) performs as an artist or entertainer, individually or as part of a group, or is an integral