S.744 Immigration bill - Sec. 4103: ELIMINATING IMPEDIMENTS TO WORKER MOBILITY
Posted Wed, Apr 17, 2013 at 4:58 pm
- (a) Deference to Prior Approvals- Section 214(c) (8 U.S.C.
1184(c)), as amended by section 4102, is further amended by adding at
the end the following:
- `(15) Subject to paragraph (2)(D) and subsection (g) and
section 104(c) and subsections (a) and (b) of section 106 of the
American Competitiveness in the Twenty-first Century Act of 2000 (Public
Law 106-313; 8 U.S.C. 1184 note), the Secretary of Homeland Security
shall give deference to a prior approval of a petition in reviewing a
petition to extend the status of a nonimmigrant admitted under
subparagraph (H)(i)(b) or (L) of section 101(a)(15) if the petition
involves the same alien and petitioner unless the Secretary determines
that--
- `(A) there was a material error with regard to the previous petition approval;
- `(B) a substantial change in circumstances has taken place;
- `(C) new material information has been discovered that
adversely impacts the eligibility of the employer or the nonimmigrant;
or
- `(D) in the Secretary's discretion, such extension should not be approved.'.
- (b) Effect of Employment Termination- Section 214(n) (8 U.S.C. 1184(n)) is amended by adding at the end the following:
- `(3) A nonimmigrant admitted under section
101(a)(15)(H)(i)(b) whose employment relationship terminates before the
expiration of the nonimmigrant's period of authorized admission shall be
deemed to have retained such legal status throughout the entire 60-day
period beginning on the date such employment is terminated. A
nonimmigrant who files a petition to extend, change, or adjust their
status at any point during such period shall be deemed to have lawful
status under section 101(a)(15)(H)(i)(b) while that petition is
pending.'.
- (c) Visa Revalidation- Section 222(c) (8 U.S.C. 1202(c)) is amended--
- (1) by inserting `(1)' before `Every alien'; and
- (2) by adding at the end the following:
- `(2) The Secretary of State may, at the Secretary's
discretion, renew in the United States the visa of an alien admitted
under subparagraph (A), (E), (G), (H), (I), (L), (N), (O), (P), (R), or
(W) section 101(a)(15) if the alien has remained eligible for such
status and qualifies for a waiver of interview as provided for in
subsection (h)(1)(D).'.
- (d) Interview Waivers for Low Risk Visa Applicants- Section 222(h)(1) (8 U.S.C. 1202(h)(1)) is amended--
- (1) in subparagraph (B)(iv), by striking `or' at the end;
- (2) in subparagraph (C)(ii), by striking `and' at the end and inserting `or'; and
- (3) by adding at the end the following:
- `(D) by the Secretary of State, in consultation
with the Secretary of Homeland Security, for such aliens or classes of
aliens--
- `(i) that the Secretary determines generally represent a low security risk;
- `(ii) for which an in-person interview would not add material benefit to the adjudication process;
- `(iii) unless the Secretary of State, after a
review of all standard database and biometric checks, the visa
application, and other supporting documents, determines that an
interview is unlikely to reveal derogatory information; and
- `(iv) except that in every case, the Secretary
of State retains the right to require an applicant to appear for an
interview; and'.
4103
ELIMINATING IMPEDIMENTS TO WORKER MOBILITY