S.744 Immigration bill - Sec. 4402: CLASSIFICATION FOR SPECIALTY OCCUPATION WORKERS FROM FREE TRADE COUNTRIES
Posted Wed, Apr 17, 2013 at 4:58 pm
- (a) Nonimmigrant Status- Section 101(a)(15)(E)(8 U.S.C. 1101(a)(15)(E)) is amended--
- (1) in the matter preceding clause (i), by inserting `,
bilateral investment treaty, or free trade agreement' after `treaty of
commerce and navigation';
- (2) in clause (ii), by striking `or' at the end; and
- (3) by adding at the end the following:
- `(iv) solely to perform services in a specialty
occupation in the United States if the alien is a national of a
country, other than Chile, Singapore, or Australia, with which the
United States has entered into a free trade agreement (regardless of
whether such an agreement is a treaty of commerce and navigation) and
with respect to whom the Secretary of Labor determines and certifies to
the Secretary of Homeland Security and the Secretary of State that the
intending employer has filed with the Secretary of Labor an attestation
under section 212(t); or
- `(v) solely to perform services in a specialty
occupation in the United States if the alien is a national of the
Republic of Korea and with respect to whom the Secretary of Labor
determines and certifies to the Secretary of Homeland Security and the
Secretary of State that the intending employer has filed with the
Secretary of Labor an attestation under section 212(t);'.
- (b) Free Trade Agreements- Section 214(g) (8 U.S.C. 1184(g)) is amended by adding at the end the following:
- `(12)(A) The free trade agreements referred to in section
101(a)(15)(E)(iv) are defined as any free trade agreement designated by
the Secretary of Homeland Security with the concurrence of the United
States Trade Representative and the Secretary of State.
- `(B) The Secretary of State may not approve a number of
initial applications submitted for aliens described in section
101(a)(15)(E)(iv) that is more than 5,000 per fiscal year for each
country with which the United States has entered into a Free Trade
Agreement.
- `(C) The applicable numerical limitation referred to in
subparagraph (A) shall apply only to principal aliens and not to the
spouses or children of such aliens.'.
- (c) Nonimmigrant Professionals- Section 212(t) (8 U.S.C.
1182(t)) is amended by striking `section 101(a)(15)(E)(iii)' each place
that term appears and inserting `clause (iii) or (iv) of section
101(a)(15)(E)'.
4402
CLASSIFICATION FOR SPECIALTY OCCUPATION WORKERS FROM FREE TRADE COUNTRIES