S.744 Immigration bill - Sec. 4404: OTHER CHANGES TO NONIMMIGRANT VISAS
Posted Wed, Apr 17, 2013 at 4:58 pm
- (a) Portability- Paragraphs (1) and (2) of section 214(n) (8 U.S.C. 1184(n)) are amended to read as follows:
- `(1) A nonimmigrant alien described in paragraph (2) who
was previously issued a visa or otherwise provided nonimmigrant status
under section 101(a)(15)(H)(i)(b) or 101(a)(15)(O)(i) is authorized to
accept new employment pursuant to such section upon the filing by the
prospective employer of a new petition on behalf of such nonimmigrant as
provided under subsection (a). Employment authorization shall continue
for such alien until the new petition is adjudicated. If the new
petition is denied, such authorization shall cease.
- `(2) A nonimmigrant alien described in this paragraph is a nonimmigrant alien--
- `(A) who has been lawfully admitted into the United States;
- `(B) on whose behalf an employer has filed a
nonfrivolous petition for new employment before the date of expiration
of the period of stay authorized by the Secretary of Homeland Security;
and
- `(C) who, subsequent to such lawful admission, has not
been employed without authorization in the United States before the
filing of such petition.'.
- (b) Waiver- The undesignated material at the end of section 214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to read as follows:
- `The Secretary of Homeland Security shall provide by
regulation for the waiver of the consultation requirement under
subparagraph (A) in the case of aliens who have been admitted as
nonimmigrants under section 101(a)(15)(O)(i) because of extraordinary
ability in the arts or extraordinary achievement in motion picture or
television production and who seek readmission to perform similar
services within 3 years after the date of a consultation under such
subparagraph provided that, in the case of aliens admitted because of
extraordinary achievement in motion picture or television production,
such waiver shall apply only if the prior consultations by the
appropriate union and management organization were favorable or raised
no objection to the approval of the petition. Not later than 5 days
after such a waiver is provided, the Secretary shall forward a copy of
the petition and all supporting documentation to the national office of
an appropriate labor organization.'.
4404
OTHER CHANGES TO NONIMMIGRANT VISAS